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07/28/1989 - City Council RegularMEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 28" 1989 SUBJECT: UPDATE BETTY BASSETT PRESENTATION Included on the August 1 agenda is a request by Betty Bassett to address the City Council on various issues pertaining to the Seneca Wastewater Treatment Plant expansion. Betty and other members of the Odor Committee have raised several issues pertaining to operations and expansion of the Seneca Wastewater Treatment Plant and are feeling frustrated that the MWCC is not providing answers to their questions. Attachments, both Betty's letter and a memo responding to the letter prepared by Kristy Marnin, will indicate that several of the issues are outside the scope and purpose of the Odor Committee. Staff has attempted to request that members of the., Committee focus on the specific objective that was outlined in the development agreement, however, invariably the discussion leads to many other issues as outlined in Betty's letter. Realizing this is a non -action item, the City Council may want to limit the, discussion time and re -emphasis that the purpose of the Committee'is to address the issues identified in the development agreement. I wrote a memo that was circulated to the Committee approximately two (2) months ago that provided a specific direction for their Committee work as I interpreted the intent of the development agreement. Attached is a copy of that memo. Certainly, the City Council has the right to expand the scope and tasks of the Committee, and this is your alternative. ROSENE EVENING WEDNESDAY AUGUST 2 For those of you that are planning to attend the Rosene outing on Wednesday, August 2, at the Minnesota orchestra Hall, Tom Colbert and I would be happy to 'provide carpooling from a location to be determined. We can discuss arrangements immediately following the meeting on Tuesday. /S/ Thomas L Hedges City Administrator. Attachment MEMO TO: Dale Runkle, Community Development Director FROM: Tom Hedges, City Administrator DATE: May 8, 1989 SUBJECT: Seneca Odor Control Advisory Committee It has come to my attention that questions have been raised regarding the role of the Seneca Odor Control Advisory Committee, established under the Seneca Plant Development Agreement between the City and the Metropolitan Waste Control Commission (MWCC). To clarify this issue, following is a brief discussion of this Development Agreement. The Seneca Plant Development Agreement is an agreement between the City of Eagan and the MWCC. The Odor Control Adyisory Committee is not a party to this agreement. In this agreement, specific conditions are listed which must be satisfied by the MWCC and the .,City with regard to platting, permits, sludge management and odor monitoring. The Community Development Department is the responsible department within the City for the supervision and enforcement of the Agreement for the City. Section 3.1.c. of the Agreement requires the MWCC to implement an odor control program which includes, among other things, an odor advisory committee. The purpose of this committee is to provide a forum for informational exchanges and discussions between the MWCC, the City and interested citizens regarding the plant expansion, operations and odor issues. The committee's authority is advisory only, and does not extend beyond these duties. I will be unable to attend the next committee meeting on May 10, 1989, because I will be attending an out-of-town conference. However, City Attorney Jim Sheldon will attend this meeting to assist in any clarification of the committee's duties. Kristy Marnin, Planner I, is the City's official representative to this committee, and has been coordinating committee activities with the two of us. Since the committee has not yet elected a chair, Kristy should chair the committee until one is elected. If there are any other concerns regarding the Seneca Odor Control Advisory Committee, please advise. GVOW.Ous�,4 Thomas L. Hedges, C y Administrator TLH:kcm AGENDA C REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 1, 1989 6:30 P.M. I. 6:30 - ROLL CALL b PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT MEAD BUSINESS (BLUE) A. PARKS DEPARTMENT 1. ACQUISITION, 1/2 Acre Parcel Adjacent to Diffley/Lexington Athletic Site, Lot 3, Block 2, Kensington Addition SELECT Architectural Services, 1990 Park Building Design and Construction B. FINANCE DEPARTMENT 11. ;RENEWAL, General Insurance and Workers Compensation, July 1, 1989 - June 30, 1990 IV. 6:55 - CONSENT AGENDA (PINK) ) 7D A. PERSONNEL ITEMS L( B. RENEWAL, Gambling License for Lions Club at Cedarvale Lanes, Inc., 3883 Beau D'Rue II Drive F.21 C. SECOND SUPPLEMENTAL INDENTURE, $20,460,000 Single Family Mortgage Revenue Bonds Series 1980 r?.ZD. 1989 GENERAL FUND Budget Adjustments - Contributions ,3( E. SENIOR CITIZEN Deferment Application 3A -F. CONTRACT 88-18, Thomas Lake Park Pavilion, Acceptance/Final Payment .33 G. RENEWAL, Janitorial Services with Dakota, Inc., for Park Shelter Buildings .34 H. FINAL PLAT, Cray 2nd Addition .541. CONTRACT 88-31, Final Payment/Acceptance (Well #12) .,34J. APPROVE 1990 Budget for Black Dog Watershed Management Organization 39 K. PROJECT 582, Receive Petition/Order Feasibility Report (Manor Lake 3rd and 4th Additions - Trunk Utilities) P,3Q L. PROJECT 495, Receive Final Assessment Roll/Order Public Hearing (Dallas Development 2nd - Streets and Utilities) p,3 Q M. PROJECT MR, Receive Final Assessment Roll/Order Public Hearing (Cutter's Ridge - Utilities) T•Zq N. PROJECT 554, Receive Final Assessment Roll/Order Public Hearing (General Electric 7.31 Supply Company - Storm Sewer) 35 0. PROJECT 577, Receive Feasibility Report/Authorize Public Hearing (Austin Road) �35 P. CONTRACT 88-S, Final Acceptance (Town Centre 70 - 9th Addition) .q4 Q. CONTRACT 89-01, Receive Bids/Award Contract (1989 Sealcoating) �Z R. VEHICLE #136, Approve Specifications/Authorize Bid Solicitation (Public Works Street PCrack Sealer/Melter/Applicator) V. 7:00 - PUBLIC HEARINGS (SALMON) 70 A. VACATE Utility Easement - Kingswood 2nd Addition '{rJB. VACATE a Portion of Public Right -of -Way - Cedarvale Boulevard '/-!!� C. PROJECT 571, Cray Research - Storm Sewer �gam$ D. PROJECT 572, Lexington Way - Street and Trunk Water Main p,(�� E. VACATE Abandoned County Right -of -Way - Diffley Road West of Pilot Knob Road VI. OLD BUSINESS (ORCHID) 70 A. COMPREHENSIVE GUIDE PLAN AMENDMENT, Park Center Addition/Federal Land Company, r Changing the Land Designation from D -III Mixed Residential (Approximately 21.3 Acres) to C.P.D. (Commercial Planned Development) a REZONING from AG (Agricultural) to a Planned Development District, a PRELIMINARY PIAT Consisting of Six Lots and a CONDITIONAL USE PERMIT for Pylon Signs Located Along the North Side of Cliff Road, West of Rahn Road in the SE 1/4 of Section 3 -P,17,6 B. PRELIMINARY PLAT, Stryker Addition/DCR Company, Consisting of Two Lots on 3.8& CSC (Community Shopping Center) Zoned Acres with Existing Buildings Located at the South 'I Intersection of Beau D'Rue Drive and Rahn Road in the NE 1/4 of Sec 19 �`t9 C. REQUEST by Betty Bassett to Further Discuss Seneca Wastewater Treatment Plant VII. NEW BUSINESS (CRAY) A. SPECIAL USE PERMIT, Reliance Real Estate, Temporary Advertising Sign Located at PID# 10-01900-011-02, NE 1/4 of Sec 19 B. SPECIAL USE PERMIT, Reliance Real Estate, Temporary Advertising Sign Located at PID# 10-01900-011-02, North of Highway 13 in Sec 19 A•16� C. CONDITIONAL USE PERMIT, Fairview Development Company, to allow a pylon sign in the 1 PD (Planned Development) district located on Lot 1, Block 1 of Pondview Addition (Eagan Medical Center), in the southwest corner of the intersection of Duckwood Drive and Crestridge Lane east of I -35E in the NE 1/4 of Section 16. �• « 6 D. CONDITIONAL USE PERMIT, Hoovestal, Inc., to allow truck and trailer sales in the LI (Light Industrial) district located on Lots 3 and 4 of Eagandale Center Industrial Park #2 on the east side of Lone Oak Circle north of Lone Oak Road in the SW 1/4 of Section 2. T2. 111 E. PRELIMINARY PLAT, West Publishing 3rd Addition/west Publishing Company of 14.5 LI (Light Industrial) and acres for office building use located north of Wescott Road and west of Highway 149 in the SW 1/2 OF Section 13. F. PRELIMINARY PLAT, Peaceful Heights 2nd Addition/Peace Reformed Church, Consisting of 12.68 PF (Public Facilities) acres for a church expansion located along Glory Drive west of Nicols Road in the NW 1/4 of Section 30. 'p 20 3G. ORDINANCE AMENDMENT, CITY OF EAGAN, to the Subdivision Ordinance to allow for trail Idedication requirements. 7,11 H. REQUEST for Cost Participation, Fairway Hills 1st and 2nd Additions - Frontage Road ,Z I. REQUEST to Issue Multifamily Housing Revenue Refunding Bonds - Forest Ridge Apartment Project/Forest Ridge Partnership VIII. ADDITIONAL ITEMS (COLD) LR. ADMINISTRATIVE AGENDA (GREEN) X. - VISITORS TO BE HEARD (for those persons not on agenda) RI. ADJOURNMENT MEMO TO: FROM: CITY MAYOR AND CITY DATE: JULY 26, 1989 SUBJECT: AGENDA MEETING HEDGES FOR AUGUST 1, 1989 CITY COUNCIL After approval is given to the August 1, 1989 agenda and regular meeting minutes for the July 18 City Council meeting, the following items are in order for consideration. A. PARKS DEPARTMENT Item 1. Acquisition, One -Half Acre Parcel Adjacent to Diffley/ ,I,esington Athletic Site --The Parks and Recreation Advisory Commission is recommending the acquisition of Lot 3, Block 2 of Kensington Addition, the one-half acre parcel on the north side of Cambridge Court that is currently owned by First Financial Corporation, as an additional parcel concluding the land acquisition for the Diffley/Lexington athletic site. For additional information on this item, refer to a staff report prepared by the Director of Parks and Recreation enclosed on pages y through 3 . The Director of Community Development has reviewed th Kensington PUD agreement, his comments are included on page /. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the acquisition of Lot 3, Block 2 of Kensington Addition, a one-half acre parcel on the north side of Cambridge Court from First Financial Corporation. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM ;i,.p KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 11, 1989 RE: DIFFLEY/LEXINGTON ATHLETIC SITE FIRST FINANCIAL CORPORATION BACKGROUND: The City Council previously approved the acquisition of the Diffley/Lexington athletic site from H.U.D. Lot 3, Block 2 of Kensington Addition, the 1/2 acre ^parcel on the north side of Cambridge Court and owned by First Financial Corporation was also to be acquired. Staff has had several contacts with the representative for First Financial to discuss the purchase price. PROPERTY USE• The parcel was originally intended to be used as the commons area for the planned townhouse/condominiums. A swimming pool shell was constructed on the lot in anticipation of its use in this manner. The Planning Department/Community Development has been asked to review the Kensington P.U.D. agreement and make a determination as to if the property could be used for any other purpose which would obviously have an impact on the value. STATUS OF NEGOTIATIONS: Staff had suggested an acquisition price of $9,000 to the Owner. This is about the same per acre cost the City acquired the H.U.D. property for. The Seller was to also pay for all assessments and taxes. Recently, the Seller has responded with a counter offer to the City. They are willing to sell the parcel at $7,500 w-ith the City to assume all assessments and taxes. A call to the County revealed that there remains $3,980 in assessments and a total of $4,426 in tax for years 1987, 1988 and 1989. There would also be an interest charge possibility calculated after July 1. Attached is the Seller's response with the counter offer. DISCUSSION• The City has several options. Accept the terms or attempt to negotiate a different price. The City could also consider allowing the parcel to go into tax forfeiture, but this assumes the developer would not try to develop the land in some other manner. The City could also consider condemnation if it is felt that this would be successful in significantly reducing the purchase price. 0 FOR COUNCIL ACTION: To approve the acqu,is,ition of the parcel at the Seller's offer or To not approve the acquisition at the Seller's price and to AIM Attachment 3 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: "JULY 26, 1989 RE: AUGUST 1, 1989 CITY COUNCIL AGENDA ITEMS The Community Development. Department has been asked to coordinate and review the status of the Planned Development Agreement for Lexington South as it relates to the Kensington development. it appears that the appraised/market value of the one-half acre parcel in the Kensington development would be the same as the 67 acres to the north previously acquired by the City. The value of the property should be based on the same factors used previously in the analysis of the property to the north. Any negotiated price which was better than the purchase price of the 67 acres would be ;a benefit to the City. At this point, they have not done an analysis of the property other than comparing this parcel to the parcel to the north and the same circumstances would apply. If additional information is required, we could request more appraisals and detailed information, however we feel the results would be the same; it would be compared with the 67 acres. Agenda Information Memo August 1, 1989 City Council Meeting PARRS DEPARTMENT CONTID Item 2. Select Architectural Services, 1990 Park Building Design and Construction --At the recommendation of the Advisory Parks and Recreation Commission and in concurrence with the City Council, the architectural firm of Schwartz/Weber has designed and coordinated construction management of park shelter buildings in several City parks during the past three to four years. Recently, the original contract with the firm was kept open and extended in order to complete the building contract for 1987 and again during 1988 to complete the design/construction management for the Thomas Lake park shelter building. There are three (3) parks that will contain park shelter buildings and in the case of Blackhawk Park a park pavilion, all three to be considered for construction in early 1990. It is the recommendation of the Director of Parks and Recreation on behalf of the Parka, and Recreation Advisory ,Commission is recommending the selection of Schwartz/Weber AArchitects to perform design/construction of park shelter buildings in 1990 or authorize a time line and RFP architectural process to select the new architectural firm to complete the design and construction.management as presented. For additional information on this item, refer to a memo prepared by the Director of Parks and Recreation included on pages _4:_ through __;L_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1) selection of Schwartz/Weber Architects to perform design/ construction of park shelter buildings in 1990 or 2) authorize a time line and RFP architectural process to select a new architectural firm. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR FROM KEN VRAA, DIRECTOR OF PARKS A RECREATION DATE: JULY 13, 1989 RE: ARCHITECT SELECTION 1990 PARK BUILDING DESIGN AND CONSTRUCTION BACKGROUND The Advisory Commission, City Council, and City staff previously selected the architectural firm of Schwarz/Weber to design/construct park shelter buildings. The original contract with the firm was kept open and extended in order to complete the building contract of 1987, and again last ,year to complete the design/construction of the Thomas,Lake Park shelter building. It is anticipated that Blackhawk Park will have a park pavilion; preliminary concept plans would be beneficial to have for an eventual neighborhood meeting regarding this park. In addition, park shelter buildings for Bridle Ridge Park and Ohmann Park are called for and should be under contract by early 1990, for fall 1990 use. ISSUE Staff is seeking .authorization to hire architectural services with Schwarz/Weber for a Blackhawk Park building and proceed Park and Ohmann Park. ALTERNATIVES AND DISCUSSION and/or negotiate a contract for Architects to prepare concept plans with building plans for Bridle Ridge The Council may wish to consider sending out requests for proposals, and again go through a selection process which would lead to the hiring of an architectural firm to do the above mentioned work. However, the department staff has been very pleased with the design work, as well as the attention to the construction phase,, that Schwarz/Weber has provided to the City. This feeling is shared by the Advisory Parks and Recreation Commission. Consequently, there is not a good reason to exclude Schwarz/Weber from any firms asked to respond to an R.F.P., based on their work history with the City. It would not be unusual for us to award the work directly to this firm. However, if there is overwhelming or a compelling reason to select another firm, this would be an opportune time to begin a process that would lead to the selection of another firm. 2 ARCHITECT SELECTION JULY 13, 1989 PAGE TWO Staff is recommending that Schwarz/Weber be hired, assuming a suitable contract can be negotiated, to do the design and construction contract, for 1990 park shelter buildings. Their past performance, both in design and construction phase management, has been excellent. This past experience with the City would be advantageous, due to the fact that they are familiar with the structures , building materials pallet and understand the design concerns of the City,. I believe that most individuals within the. City,, as well as the ,public, are pleased with the current park shelter buildings; therefore, continuation of their work is well justified. It would also be advantageous to work with them, in that park shelter buildings for Bridle Ridge and Ohmann Park are likely to be replicas of existing, structures, and modifications to existing plans would be readily adaptable through this firm, rather than a whole new drawing process with another company. FOR COUNCIL ACTION Authorize the hiring of Schwarz/Weber Architects to do the design/construction contract for 1990 park shelter buildings (assuming successful negotiations for a work contract), or authorize a timeline and R.F.P. architectural process for an architect to design/construct for 1990 park buildings. KV/bls I Agenda Information Memo August 1, 1989 City Council Meeting B. FINANCE DEPARTMENT Item 1. Renewal of General Insurance and Workers Compensation -- Mr. Jeff Bowers of First Insurance has completed the renewal application process for the City of Eagan's renewal of general liability and workers compensation. For additional information on this item, refer to a memo prepared by the Director of Finance which includes support documentation prep red by First Insurance. This information is enclosed on pages �, through 4 -- ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the insurance renewal for July 1, 1989 through June 30, 1990. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JULY 26, 1989 SUBJECT: INSURANCE RENEWAL - JULY 1, 1989, THROUGH, JUNE 30, 1990 Mr. Jeff Bowers of First Insurance has completed the renewal application process with the League of Minnesota Cities Insurance Trust. The renewal package is, therefore, in order for consideration by the City Council. Attached to this memo is the following supporting documentation: 1. Summary of Insurance This material highlights the coverages which are currently in force for the City as well as the deductibles and limits. (Pages 1-5) 2. Premium Recap This single page shows the premium by coverage type for the various types of coverages as outlined in the summary. (Page 6) 3. Comparative Analysis These two pages compare the premiums for 1988 with those proposed for 1989. You will note that in nearly every case the total premiums are increasing, however, the increases relate to the size of the operation. For example, property coverage shows an increase in value covered of 32.3% while the total premium has increased 10.7%. In other words, if the value had remained constant, the premium would have been reduced. (Pages 7 & 8) 4. Optional Coverage Ouotation At our request, a quotation was solicited for excess liability. As you will note, the premium is '$68,966 for $1,000,000 of excess liability coverage. This appears to be rather expensive, but the City Council should make a specific determination as to whether or not it is desired. Staff recommendation would be that the premium is too high for the protection afforded and the coverage should not be purchased at this time. (Page 9') As we discussed briefly, consideration has also been given to increase certain deductibles to reduce the premiums. Possible changes and savings would be as follows: Deductible Current Other $1,000 $10,000 $1,000 $25,000 Property Coverage 9 Premium Savings $2,784 $4,858 General Liability Deductible Current Other $5,,000 $10,000 $5,000 $25,000 Premium Savings $5,314 $11,958 Again the utilization of higher deductibles is a matter the City Council might want to consider. Staff recommendation would be that in the current market the relatively small savings would not justify the greater exposure for the City and the deductibles should remain as they currently exist. Workers Compensation is an area of concern at this point as the City's experience modification factor has increased from .85 to 1.01. The frequency and severity of claims has increased dramatically. We will be working with First Insurance and EBA to increase our efforts at loss prevention as well as reviewing ways to reduce overall costs by paying certain medical claims outside ,,of the current system. Please let me know if you would like to discuss this in more detail or if you would like any additional information. (a v Financ Director/City Clerk EJV/kf /d JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 L.M.C.I.T. Pol. No., TBD 7-1-89/90 SUMMARY OF INSURANCE COMMERCIAL PACKAGE Building and Contents All Risk (Per Company Form) Agreed Amount/Replacement Cost $ 1,000 Deductible $15,537,676 Blanket Limit (Schedule Attached - On File with Company) Contractors' Equipment All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 1,000 Deductible. $ 685,255 Limit (Schedule Attached - On File with Company) Miscellaneous -Property All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 500 Deductible $ 41,474 Limit (Schedule Attached - On File with Company) 1. e. JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Voting Machines All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 500 Deductible $ 78,500 Limit Valuable Papers 6 Records All Risk (Per Company Form) $ 500 Deductible $100,000 Limit Location: City Hall Accounts Receivable All Risk (Per Company Form) $ 500 Deductible $100,000 Limit Location: City Hall Crime Money & Securities Broad Form $ 250 Deductible $ 50,000 Inside $ 50,0100 Outside Location: City Hall a /X'.1 JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Comprehensive General Liability "Claims Made" form* $600,000 Bodily Injury a Property Damage - Combined Single Limit $600,000 Products/Completed Operations Aggregate Limit $ 5,000 Deductible - Bodily Injury (Per Claim) $ 5,000 Deductible - Property Damage (Per Claim) $ 1,000 Medical Payments - Each Person Limit Includes: Premises/Operations Products/Completed Operations Blanket Contractual Personal Injury - Including Law Enforcement Personnel Broad Form, Property Damage Host Liquor Liability Fire Legal Liability ($50,000) Employees as Additional Insureds Extended Bodily Injury Independent Contractors Incidental Medical Malpractice Non -Owned Watercraft (Up to 26') Fellow Employee Exclusion Deleted Limited Pollution Liability (Retro Date: 6-1-88) Punitive Damages Excludes: *Prior Acts (Retro Date: 7-1-87) Airport Liability Utility Supply Failure Nursing Home Liability Liquor Legal Liability 3 • /3 i JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Public Officials Liability "Claims Made"'form* $ 5,000 Deductible - Each Loss $600,000 Limit - Each Loss Including: Punitive Damages Inverse Condemnation (Retro Date: 6-1-88) Excluding: Claims occurring between 1-6-86 s 1-6-87 *Prior Acts (Retro Date: 7-1-87) L.M.C.I.T. AUTOMOBILE Pol. No. TBD 7-1-89/90 $600,000 Bodily Injury 6 Property Damage - Combined Single Limit BASIC Personal Injury Protection $600,000 Uninsured b Underinsured Motorist $ 250 Deductible - Comprehensive $ 11000* Deductible - Collision Actual Loss Sustained Miscellaneous Equipment on Autos (Police vehicles, fire trucks, utility vehicles and ambulances) Schedule of Vehicles Attached - On File with Company (Total - 132) 30 Day Reporting Required Includes: Hired 6 Non -Owned Auto Liability Fellow Employee (Exclusion Deleted') *Except as Specified y. I JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 CITY OF EAGAN JULY, 1989 L.M.C.I.T. WORKERS'' COMPENSATION Pol. No. TBD 7-1-89/90 Employer's Liability $200,000 Bodily Injury -.Any One Employee $600,000 Bodily Injury - Any One Occurrence $6.00,000 Bodily Injury by Disease - Aggregate Limit Classification Code Payroll Rate Street/Road Const. 5506 $ 252,0.00 8.10 Y Waterworks 7520 $ 238,000 3.23 Firemen (Volunteer) 7708 38,943 pop. 77.63 Policemen 7720 $1,348,000 4.54 Clerical NOC 8810 $1,113,000 .39' Building Maint. 9015 $ 36,000 9.95 6 Repair Parks 9102 $ 422,000 5.02 Sewer Line Maint. 9402 $ 63,000 6.08 6 Snow Removal Municipal Employees 9410 $1,056,000 2.91 Elected or Appointed 9411 $ 18,200 2.91 Officials Experience Modification: 1.01 Premium Discount: $19,,207 United Fire PUBLIC'EMPLOYEES BLANKET BOND S Casualty Bond #51-062472 7-1-89/9.0 $ 28,000 Faithful Performance Blanket Position (Insured Agreement 4) JEFF BOWERS FIRST INSURANCE EDINA, MINNESOT PACKAGE e 55435 PREMIUMS RECAP Property Contractor's Equipment Miscellaneous Equipment Voting Machines Valuable Papers & Records Accounts Receivable Crime Coverage Comprehensive General Liability Public Officials Liability Inverse Condemnation AUTOMOBILE LIABILITY PHYSICAL DAMAGE LIABILITY - Include Miscellaneous Equipment on Autos WORKERS' COMPENSATION PUBLIC EMPLOYEES BLANKET BOND VOLUNTEER FIREMEN AD&D TOTAL 16 CITY OF EAGAN JULY, 1989 $ 28,669.00 4,364.00 Included Included Included Included 1,125.00 106,.294.00 14,620.00 4,606.00 36,510..00 19,944.00 166,356.00 1,687.00 866.25 $385,441.25 '• JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 COMPARATIVE ANALYSIS (April 1989) CITY OF EAGAN JULY, 19B,9 Premium Coverage 1988 1989 1. Property (Blanket Building 6 Contents) $ 25,883.00 $28,668.00 Values insured are increased by 32,.3 from $11,743,077 to $15,527,676. Premium has increased by 10.78. 2. Inland Marine (Contractors Equip. $ 4,610.00 $ 4,764.00 Misc. Equip. 6 Voting Machines) Values Insured are increased by 12.48 from'$716,309 to $805,229. Premium has increased by 3.38. 3. Valuable papers & Records & $ 184.00 $ 184.00 Accounts Receivable No Change. 4. Crime Coverage ,L'y���k °� $ 225.00 $ 1,125.00 Premium has increased 50". Limits increase 5008. 5. Comprehensive General Liability $ 97,891.00* $110,900.00** Estimated Operating Expenditures have increased by 24.68 from $10,411,670 to $12,977,570. Premium has increased by 10.68.. 6. Public Officials Liability $ 15,645.00 $ 14,620.0.0 Premium has decreased by 78 due to reduction of basic rates. *Inverse Condemnation included without charge (premium should read $100,256). **Including annual premium charges for Inverse Condemnation and Limited Pollution Liability endorsement. i JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 Coverage 7. Automobile Liability 6 Physical Damage Total number of rated autos has increased by 109 from 120 to 132. CITY OF EAGAN JULY, 1989 Premium 1988 $ 51,083.00 Premium has increased by 10.59 and } a' we've added new coverage: titi` Misc. equipment on autos - annual premium of $2,625 included above and this has increased the cost per unit,`\ by 1.0049. 8. Workers' Compensation $164,507.00 Total estimated payrolls have increased by 11.88 from $4,101,000 to $4,585,143. Premium has increased by 1.19 over-all. Note changes in rates on classifications. 9. Public Employee Blanket Bond Total number of Class I 6 II employees have increased by 59.59 from Ill to 177. Premium has increased by 108. 10.. Volunteer Firemen AD&D TOTAL PREMIUM, Other Than Workers' Compensation (10.79 Increase) TOTAL PREMIUM, Including Workers' Compensation (6.49 Increase) $ 1,522.00 $ 866.25 $197,909.25 $362,416.25 1989 $ 56,454.00 $166,.356.00 $ 1,687.00 $ 866.25 $219,269.25 $385,625.25 JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 CITY OF EAGAN JULY, 1989 OPTIONAL COVERAGE QUOTATION Excess Liability Coverage $1,000,000 s Follow Form: Special Exclusions: ANNUAL PREMIUM: Limit of Liability Underlying coverage as scheduled Child Molestation $68,966 \O Agenda Information Memo August 1, 1989 City Council Meeting There are eighteen (18) 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. Police Officer -- Authorization for an additional police officer as of September 1, 1989 was given in the 1989 budget. It is the recommendation of Chief of Police Geagan that Community Service Officer David Stubstad be hired for that new position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Stubstad as a police officer effective September 1, 1989. Item 2. Receptionist -- Over 300 applications were received for this position. After screening of the applications, approximately 70 applicants were given a telephone interview. From the results of this interview, 21 applicants were invited to the Eagan Municipal Center on July 28 for a preliminary interview conducted by Administrative Assistant/Deputy Clerk Witt and Assistant to the City Administrator Duffy. Approximately five/six of these applicants will be invited back to the Municipal Center on August 2 for a practical test to be given by Duffy and for a final Interview to be conducted by Director of Finance VanOverbeke and Witt. Due to the necessity to have the receptionist begin work as soon as possible, it is recommended that the City Council approve the hiring of a receptionist as selected through the above process and recommended by the above personnel, subject to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: T person recommended for hire as of August City of Eagan, subject to successful physical examination requirement. To M approve the hiring of the 2 as receptionist for the completion of the City's Agenda Information Memo August 1, 1989 City Council Meeting RENEWAL/GAMBLING LICENSE/LIONS CLUB B. Renewal, Gambling License for Lions Club at Cedarvale Lanes -- A gambling license renewal application was submitted by the Eagan Lions Club to continue the sale of pull -tabs at Cedarvale Lanes. The application includes the name of Jack Kaysen, Chief Executive Officer, Gary Manney, Treasurer and Jerry Marko, Gambling Manager. The Eagan Police Department has reviewed the application and finds the request to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the gambling license renewal application submitted by the Eagan Lions Club for the sale of pull -tabs at Cedarvale Lanes. SINGLE FAMILY MORTGAGE REVENUE BOND SECOND SUPPLEMENTAL INDENTURE' •A C. Supplemental Indenture, $20,460,000 Single Family Mortgage Revenue Bonds Series 1980 --RRC Resources, Inc.., in completing a compliance review for the restructured bond program discovered defects in the first supplemental trust indenture executed in connection with the restructuring. The bond program makes reference to the $20,460,000 Single Family Mortgage Revenue Bonds that were sold in 1980 to allow lower mortgage rates for first time homebuyers within the City of Eagan. Attached for City Council review on pages 22 through � is a letter from KRC Resources, Inc., that explains the required action in more detail,. The Director of Finance has reviewed the document with the City Attorney's office and they will issue the required opinion upon the Council approving the attached resolution. The City has also received the necessary consent from First Interstate Mortgage Company as program administrator. ACTION TO BE CONSIDERED ON THIS ITEM: To approving and authorizing the execution of trust indenture - $20,460,000 Single Family Series 1980. approve the resolution A second supplemental Mortgage Revenue Bonds KRC RESOURCES, INC. THE OMAHA BUILDING 1060 FARNAM STREET OMAHA, NEBRASKA 00702 (402) 948.0000 June 16, 1989 Mr. Eugene Van Overbeke Finance Director City of Eagan, Minnesota City Hall 3830 Pilot Knob Road Eagan, MN 55122 $20,460,000 City of Eagan, Minnesota Single Family Mortgage Revenue Bonds Series 1980 Dear Mr. Van Overbeke: In the course of our compliance review for the restruc- tured bond program captioned above, KRC Resources, Inc. discovered defects in the First Supplemental Trust Inden- ture (the "First Supplemental Indenture") executed in con- nection with the restructuring. A description of these defects is set forth in our Annual Report dated October 31, 1988, a copy of which is enclosed. Specifically, the First Supplemental Indenture: (a) needs to require that excess moneys over the Mortgage Reserve Fund Requirement be transferred to the Principal Prepayment Subaccount semiannually to be used to redeem bonds; and (b) needs to provide that excess moneys in the General Account be transferred to the Principal Prepay- ment Subaccount after each interest payment date. We have received confirmation from Ms. Joan M. DiMarco of Laventhol & Horwath that the cash-flow projections pre- pared at the time of the restructuring made the assumption that the transfers described above would be made at the times described above. Consequently, we are suggesting that the City of Eagan, Minnesota, as Issuer, and First Trust National Association, as Trustee, enter into a Second Supplemental Trust Indenture (the "Second Supplemental Indenture") to cure the defects. 1,,2 KRC RESOURCES, INC. Mr. Eugene Van Overbeke June 16, 1989 Page 2 Pursuant to Section 4.03 of the First Supplemental Indenture, the written consent of the Bond Insurer is required for the execution of supplemental indentures. I have enclosed a copy of the Bond Insurer's consent letter. We would like you, as Finance Director for the City of Eagan, to turn over the appropriate documents to your coun- sel. We would like your counsel to take the following action: 1. review the documents to satisfy himself that there is nothing out of order; 2. ask the City to pass a Resolution authorizing the execution of a Second Supplemental Indenture and then have the City execute the Second Supplemental Indenture (this may be done at any regular meeting of the City's governing body); and 3. render his opinion as to the validity of the Second Supplemental Indenture. To that end, I have enclosed the Second Supplemental Inden- ture and forms of the Resolution, the validity opinion we would like your counsel to render and the opinion of Kutak Rock & Campbell as to the tax-exempt status of the Bonds. I have included several extra signature pages of the Second Supplemental Indenture and the Resolution so that all parties may have original signature pages when I prepare transcripts. Of course, should the language in the Second Supplemen- tal Indenture not meet with your approval, we would expect to hear from your counsel with his comments. I would appreciate your returning to me the executed Second Supplemental Inden- ture and Resolution and the extra executed signature pages. I will also need a validity opinion from your counsel on his or the City's letterhead. Once I have the necessary docu- ments in hand, I will arrange to procure the tax opinion of Kutak Rock & Campbell and I will prepare transcripts for all parties. I have sent the Second Supplemental Indenture to the Trustee today for its review and signature and have asked the Trustee to return the executed document to me. For your information, Section 10.02 of the original Trust Indenture provides that the consent of First Interstate Mortgage Company, the Program Administrator (the "Administra- tor"), is required before a supplemental indenture may be executed. You indicated to me in our phone conversation today that I may rely on you and your counsel to secure the 2� KRC RESOURCES, INC. Mr. Eugene Van Overbeke June 16, 1989 Page 3 Administrator's consent. I have enclosed a form that the Administrator may use in giving its consent and a copy of the Second Supplemental Indenture that should be sent to the Administrator along with the consent form. To summarize what I need from, you, here is a checklist: 1. Executed Second Supplemental Indenture and counterparts of -signature page;; 2. Executed Resolution and counterparts of signature page; 3. Opinion of counsel to City on 'appropriate letterhead (form of opinion enclosed in this letter); and 4. Consent signed by First Interstate Mortgage Company, the Program Administrator. Please do not hesitate to call me or Steve M. Skoumal, counsel to KRC Resources, Inc., at (402) 346-6000 with any questions you may have. Thank you for your assistance in this matter. Cordially, g-��IPak H. Brenn Assistant Secretary phb Enclosures cc: Mr. John G. Wenker (with enclosures) RESOLUTION A RESOLUTION APPROVING AND AUTHORIZING THE EXECU- TION OF A SECOND SUPPLEMENTAL TRUST INDENTURE AMENDING A TRUST INDENTURE DATED AS OF MAY 1, 1980, AS AMENDED BY A FIRST SUPPLEMENTAL TRUST INDENTURE DATED AS OF MARCH 1, 1987, BY AND BETWEEN THE CITY OF EAGAN, MINNESOTA AND FIRST TRUST NATIONAL ASSO- CIATION. WHEREAS, the City of Eagan, Minnesota (the "Issuer") is a statutory city under the constitution and laws of the State of Minnesota (the "State"); and WHEREAS, the Issuer and First Trust National Association (formerly First Trust Company, Inc. and, before that, First Trust Company of Saint Paul) (the "Trustee") entered into a Trust Indenture dated as of May 1, 1980, as amended and Supplemented by the First Supplemental Trust Indenture dated as of March 1, 1987 (collectively, the "Indenture"); and WHEREAS, Section 10.01 of the Indenture permits the Issuer and the Trustee, without the consent of or notice to the Bondholders, to amend the Indenture to cure any ambiguity or formal defect or omission in the Indenture or to make any change which, in the judgment of the Trustee, is not to the prejudice of the Bondholders; and WHEREAS, the Issuer desires to amend and supplement the Indenture as set forth in the Second Supplemental Trust Indenture dated as of June 1, 1989 (the "Second Supplemental Indenture"); and WHEREAS, it appears that the Second Supplemental Inden- ture, which is now before each of the members of the Issuer, is in appropriate form and is an appropriate instrument for the purpose intended; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE ISSUER, AS FOLLOWS: ARTICLE I DETERMINATIONS AND DEFINITIONS Section 1.01. Authority and Purpose. This Resolution is adopted under the authority and in accordance with the provisions of Minnesota Statutes Annotated, Chapter 962C, as 7� amended (the 'Act"), to effect the public purposes delineated in the Indenture, for the purpose of curing certain ambigu- ities, supplying certain omissions, curing and correcting certain defects and inconsistent provisions and inserting certain provisions clarifying matters that have arisen under the Indenture and that are necessary and desirable, all in accordance with Section 10.01 of the Indenture. Section 1.02. Approval and Authorization of Documents. The Second Supplemental Indenture be and the same is in all respects hereby approved, authorized, ratified and confirmed, and the Mayor and City Clerk be and they are each separately and individually hereby authorized and directed to execute, seal and deliver, for and on behalf of the Issuer, the Second Supplemental Indenture in substantially the same form and content as presented to the Issuer on this date, but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, addi- tions and deletions from the form thereof as presented to this meeting. ARTICLE II MISCELLANEOUS Section 2.01. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. Section 2.02. Prior Resolutions. All provisions of prior resolutions, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflicts, hereby repealed. Section 2.03. Effective Date. This Resolution shall be in full force and effect immediately upon its passage and approval. -2- 3471k 74 f v4 PASSED AND APPROVED this day of 19 [SEAL] CITY OF EAGAN, MINNESOTA Attest: / By By (rte City Mayor The undersigned, City Clerk of the City of Eagan, Minnesota, hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by the City of Eagan, Minnesota at a meeting duly ca -fled and held on 19 i'n :accordance with law and that such resolution has not been repealed., revoked, rescinded or amended, but is in full force and effect on the date hereof. WITNESS my hand and the seal of the City of Eagan, Minnesota this day of 1 19 City Clerk ['SEAL] This Resolution is approved as to form by counsel to the City of Eagan, Minnesota. -3- 3471k Agenda Information Memo August 1, 1989 1989 GENERAL FUND ADJUSTMENTS/CONTRIBUTIONS D. 1989 General Fund Budget Adjustments/Contributions--The Director of Finance is recommending that all, general budget adjustments and revenue contributions be ratifiedby the City Council. Enclosed on pages through 0 is a copy of a memorandum prepared by the Direc or of Finance that discusses each adjustment. ACTION TO BE CONSIDERED ON THIS ITEM; To approve the 1989 General Fund Budget, Adjustments. M MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JULY 27, 1989 SUBJECT: 1989 GENERAL FUND BUDGET ADJUSTMENTS In an effort to provide a more current and realistic budget to actual report in the City's General Fund, I will be requesting City Council approval of budget adjustments on an on -,,going basis. Upon this approval the operating statements will be changed accordingly 'to the new appropriations'. These request for budget adjustments fall.in the following three (3) areas•: 1. Donations are received and earmarked by .the donor to a specific department and purchase. 2. Unspent funds appropriated in an earlier year are used for a current purchase. 3. Additional needs are identified in a particular department without a specified revenue source. It should be noted that #2 and #3 ,require the use of the current year contingency if any. After the contingency is allocated, we are forced to present a budget that is out of balance. The impact on fund balance is 'presented when the current year is closed. Specific adjustments are as follows: I. Estimated revenue for Contributions and Donations should be increased from $1;000 to $17,460. The donors with benefiting department and appropriate line items are as follows: Donor Department Amount Line Item Description Eagan Athletic Assoc Parks & Rec $370 #01-4410-000-31 Bases City of Lakeville Parks & Rec 3,040 #01-4570-000-31 Outdoor Stage First Bank Parks & Rec 1,500 #01-4350-000-31 Arbor Day Posters First Bank Parks & Rec 2-,400 #01-4840-000-31 Arbor Day Trees Midwest Cocadola Parks & Rec 3.,290 #01-4530-000-31 Scoreboards Eagan Lions Club Police 4,300 #01-4224-153.11 #01-4226-153-11 #01-4570-153-1.1 71 STAFF MEMO JULY 27, 1989 PAGE TWO Donor Department Amount Line Item Description Eagan Lions Club Police 1,560 #01-4411-150-11 Cost for 3 officers to attend DARE instruction $16,460 ("The Police Department is compiling a list of specific items purchased with these donated funds. II. Account number 01-4580-175-12 (Fire Department) should be increased by $20,000 to $40,000 and account number 01-4715-000-41 (Contingency) should be reduced from $114,080 to $94,080 to provide the required appropriation for the refurbishment of unit number 13 as authorized at the July 18, 1989 meeting. III. Account number 01-4540-000-07 (Community Development) should be increased to $60,000 from $0 and account number 01-4715-000-41 (Contingency) should be further reduced from $94,080 to $34,080 to provide the required appropriation for the purchase and installation of the emergency generator for the municipal center as authorized at the June 6, 1989, meeting. An appropriation of $60,000 was made and not spent in 1988. IV. Account number 01-4530-170-12 (Fire Department) should be increased to $25,000 from $0 and account number 01-4715-000-41 (Contingency) should be further reduced from $34,080 to $9,080 to provide the required appropriation for the parking lot improvements at Station 1. The contract for these improvements was authorized April 18, 1989, and a change order was approved July 18, 1989. Total contract cost is now $23,849. Engineering costs make up the need for the additional appropriation. An appropriation of $31,245 was made in 1988 and approximately $7,500 was spent on engineering services. Additional line item budget adjustments are being routinely made upon request of department heads. These adjustments only change appropriations between line items and do not cross departments or change the total department or City budget. Please let me know if you would like any additional information and/or a more detailed explanation. -ca Finan irector/City Clerk cc: Ken Damlo EJV/kf I Agenda Information Memo, August 1, 1989 City Council Meeting SENIOR CITIZEN DEFERMENT APPLICATION R. Senior Citizen 'Deferment Application --Ella and Otto Holz of 4665 Robert Trail South have applied for a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition. According to the Director of Finance, Mr. and Mrs. Holz meet all conditions as defined in the City Code and, therefore, the staff is recommending approval for the assessment deferment. Attached for City Council review without page number is a copy of their application, income tax information and other pertinent documents pertaining to their application for assessment deferment. ACTION TO BE CONSIDERED ON THIS ITEM: To approveor deny a senior citizen deferment. on Project 520 which installed the trunk utility improvements in the Manor Lake Addition for Ella and Otto Holz of 4,665 Robert Trail South. 3f Agenda Information Memo August 1, 1989 City Council Meeting CONTRACT-88-18/THOMAS LARE:PARK PAVILION F. Contract 88-18 for Thomas: Lake Park Pavilion to accept Final Payment --The architectural firm of Schwartz/Weber has recommended the final payment and acceptance of contract 88-18 to Astleford Construction. All punch list items have been reviewed by the architect and staff for completion and compiance•with the project specifications and, thereforey the Thomas Lake pavilion structure is found to be in order for formal acceptance. ACTION TO BR CONSIDERED ON THIS ITEM: To approve the final°payment, for Contract 88-13 to Astlefor-d Construction, Inc., in the amount of $11,311. 3Z Agenda Information Memo August 1, '1989 City Council Meeting RENEWALIJANITORIAL SERVICES FOR PARR SHELTER BUILDINGS G. Renewal, Janitorial Services for Park, Shelter Buildings --The Director of Parks and Recreation is recommending that the City execute a one year extension of a contract for janitorial services for park shelter buildings with,Dakota Inc. During 1988 the,City entered into an agreement with Dakota Inc. to provide janitorial and general ,park clean-up, when requested, on a one ,year basis. Dakota Inc., utilizes individuals with disabilities to perform the work ,and also provide supervision, transportation insurance and payroll functions. The department has generally been pleased with the quality of work. Given that the City has latitude and flexibility in adopting scheduled changes to meet our needs, Dakota Inc. has provided an important maintenance service throughout the City parks. FACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to enter into.a one year extension,of an agreement for providing janitorial and general clean-up within City parks by Dakota Inca on an as -needed basis. 33 Agenda Information Memo August 1, 1989 City Council Meeting FINAL PLAT/CRAY 2ND ADDITION H. Final Plat, Cray 2nd Addition --The staff has received an application for final plat for the Cray 2nd Addition as shown by the map enclosed on page 9_!! All conditions placed on the preliminary plat approved by the City Council at the July 5, 1989 City Council meeting have been satisfactorily applied with. All final plat application materials have been submitted, reviewed by staff, with the exception of the final development agreement, and assuming a favorable review, the item will be recommended for approval at the meeting on Tuesday. If the development agreement document is not agreeable by the City Attorney and Director of Community Development, this item will be pulled from the Consent Agenda and continued until the August 15 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat ,:for Cray 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. 3 Y- t 0 a a OUTLOT A s C almur c 99 , t � CRAY SECOND ADDITION I. a a 1 J ounaf • . Q I 1 LOT 2 1'x' oop '40 o.I 0Yg0► a � - � I � iO 1 � 1♦ C♦ ,`, b y Vol I �1p If �o 1(WJMUT � \ • ��� �� � amts, �- •..�yl�lS=mss ` 1� oinoT D a it ra sum 8 ar Agenda Information Memo August 1, 1989 City Council Meeting CONT. 88-31, FINAL PAYMENVACCEPTANCE (WELL NO. 12) I. Contract 88-31, Final Payment/Acceptance (Well No. 12) --The City has received a request for final payment along with a Certification of Compliance of City approved plans and specifications for the installation of Well No. 12. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the seventh and final payment of Contract 88-31 (Well No. 12) in the amount of $19,153.70 to Keys Well Drilling, Inc. and accept the project for perpetual maintenance subject to contractual warranty provisions. APPROVE 1990 BUDGET FOR BLACKDOG LAKE WATERSHED MANAGEMENT ORGANIZATION J. Approve 1990 Budget for Blackdog Lake Watershed Management Organization --The City of Eagan has received a proposed budget for the Blackdog WMO for $64,000.00 as broken down on page Due to the limited area of Eagan located within the boundaried of this WMO (River Hills 9th), the City of Eagan's financial share is $244.00 (0.38$). In accordance with the Joint Powers Agreement establishing this WMO, all participative cities are allowed 30 days to review and comment on the proposed budget and submit objections, if any. This proposed small budgetary allocation has been taken into consideration in the submittal of the Public Works Department 1990 Budget. It is the recommendation of the Public Works Director that the Council approve the Budget as submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1990 Budget for the Blackdog Lake Watershed Management Organization. 34 BLACK DOG LAKE DRO 1990 BUDGET 1986 1987 1988 1989 1990 EXPENDITURES BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ESTIRATE- BUDGET Plan Preparation and Planninq 15,060 25;585 10,000 91998 15,500 9,510 5,000 5;000 5,000 Raintenance 0 0 12.000 0 10,000 31,511 31,000 31,000 10,000 Insurance 3,000 2,526 3;000 21001 3,000 1,981 1,000 2,000 2,100 Leaal and Audit 1,500 1.961 1,500 1,928 1,000 2,292 3,000 3,000 3,500 Administrative services 51000 6,002, 5;000 1,193 1,000 1,121 1,000 1,000 3,500 Printinq, Supplies and.,Postage, 500 818 500 224 1,000 3,000 0 0 0 7,100 0 7,100 0 5,800 ContingencY 5,000 0 0 5,000 0 0 6 1,000 1',000 1,000 1,000 Conferences/Publications 0 0 0 .13 0 2,600 2,600 3,.100 NOD Contribution to Geoloqic Atlas 0 0 0 11 TOTALS 13,000 36,925 10,000 16,611 11,500 11,567 56,000 56,000 61,000 1986 1987 1988 1989 1990 REVENUES ACTUAL ACTUAL ACTUAL ESTIBATE ESTIBATE Apple Valley 1.511 10.191 1:196 10.19% 1,339 10:16% 5,05S 10.16% 6,691 10.15% Burnsville 35,166 82.18% 32,992 82.181 31,110 82.27% 16,060 02.26% S2.619 82.26% Eaaan 163 0.38% 152 0.38% ISO 0.36% 213 0.38% 211 0.38% Lakeville 2.150 6.101 2,558 6.10% 2,761 6.66% 3,730 6.661 1,263 6.66% Savaqe 110 0.26% 102 0:261 99 0.21% 131 0.11% 153 0.21% TOTALS 13,600 100.00% 10,000 100.00% 11,S00 106.60% 56,000 100.00% 61,000 100.00% FUND BALANCE, ENDING 6,075 29;131 -23,361 13,361 r Agenda Information Memo August 1, 1989 City Council Meeting PROJ, 582, RECEIVE PETITION/ORDER FEASIBILITY REPORT (MANOR LAKE 3RD.& 4TH ADDITION -TRUNK UTILITIES) K. Project 582, Receive Petition/Order Feasibility Report (Manor Lake 3rd & 4tb Addition -Trunk Utilities) --The City ,has received a Petition regarding the above referenced project from the developer to allow the continued phase development of the Manor Lake Development south of Cliff Road and west of Trunk Highway 3. With the Petition, the developer has guaranteed all costs associated with this request should the project not be approved through the Public Hearing process. ACTION TO BE CONSIDERED ON THIS ITEM_: To receive the Petition for Project 582 (Manor Lake 3rd & 4th Addition -Trunk Utilities) and authorize the preparation of the feasibilitv report. L. Receive Final Assessment Roll/Order Public Hearing (Dallas Development 2nd Addition -Streets 3 Utilities) --All improvements associated with the above -referenced project have now been completed, all costs tabulated and the final assessment roll prepared and is being presented to the City Council for consideration of scheduling a formal public hearing to present it to the affected property owners: ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets & Utilities) and schedule a public hearing to be held on September 5, 1989. PROD. 512R. RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING'(CUTTER'B,RIDGE ADDITION -UTILITIES) M. Receive Final Assessment Roll/Order Public Hearing (Cutter's Ridge Addition -Utilities) --A11 improvements associated with the above -referenced project have now been completed, all costs tabulated and the final assessment roll prepared and is being presented to the City Council for consideration of scheduling a formal public hearing to present it to the affected property owners.. ACTION TO BE CONSIDERED ON THIS ITEM: 'To receive the final assessment roll for Project 512R (Cutter's Ridge Addition - Utilities) and schedule a public hearing to be held on September 5, 1989. NMI Agenda Information Memo August 1;, 1989 City Council Meeting N. Receive Final Assessment Roll/Order Public Hearing (General Electric Supply Company-8torm sewer) --All improvements associated with the above -referenced project have now, been completed, all costs tabulated and the final assessment roll prepared'and is being presented to the; City Council for consideration of scheduling a formal public hearing to present it to the affected property owners. ACTION TO 8E CONSIDERED ON THIS, ITEM: To receive the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and schedule a public hearing to be held on September 5;, 1989. PROJ. 577, RECEIVE FEASIBILITY REPORT/AUTHORIZE PUBLIC HEARING (RUSTIN ROAD) O. Project 577, Receive Feasibility Report/.Authorize Public Hearing (Rustin Road). --In response to a Petition submitted by the adjacent land owners, the Council authorized the preparation of a feasibility report for the upgrading of Rustin Road to City standards. This feasibility reportis nbw•being presented to the City—Council for consideration of scheduling a formal public hearing to discuss the proposed improvements and method of financing with affected benefitted property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 577 (Rustin Road -Street Improvement) and schedule a public hearing to be held September 5, 1989. P. Contract 88-,8, Final Acceptance (Town Centre 70 -9th Addition - Storm Sewer) --The above -referenced improvements installed privately by the developer for the Pizza Hut facility have been completed, inspected by City personnel and found'to be in order for favorable acceptance of perpetual. maintenance. ACTION TO BE CONSIDEREDONTHIS ITEM: To accept Contract 88-S for final acceptance subject to appropriate contract warranty provisions. • 3� Agenda Information Memo August i, 1989 City Council Meeting CONT 89-01 RECEIVE BIDS/AWARD CONTRACT (5989 SEALCOATING) Q. Contract 89-01, Receive Bids/Award Contract (1989 eealccating)--At 10:30 a.m. on Friday, July 28, 1989,.formal bids were received for I he sealcoating maintenance program for 1989. Enclosed on page tl is a tabulation of the bids received showing the relationship of the low bidder to the allocation provided for in the 1989 Budget. The bid tabulation also references an alternate type of material which is a smaller graded crushed rock commonly referred to as a "chip" sealcoat as compared to the base bid which is for a round "buckshot" type of material. It has been observed that the "buckshot" type of sealcoat does not adhere as well as the "chip" sealcoat as it tends to "roll" out of place under traffic conditions and related turning movements more so than the angular configuration of the "chip" sealcoat. it also provides ,a significantly safer surface by reducing stopping distance and providing better traction during, the winter months. While it is a more expensive material, it has a longer life span subsequently making it a more economical material. Subsequently, the Public Works Department strongly recommends the awarding of the Contract on the alternate bid. The staff will check the bids submitted to verify accuracy and compliance with bid specification requirements. Any deviations will be specifically addressed at the meeting on August 1st. ACTION TO BE CONSIDERED ON THIS Contract 89-01 (1989 Sealcoating) lowest responsible bidder for the IN ITEM: To receive the bids for and award the contract to the alternate bid. CONTRACTORS 1. Astech 2. Bituminous Roadways 3. Allied Blacktop Co. LOW BID n 1989 SEALCOAT=NG CONTRACT #89-01 CITY OF EAGAN BID TIME: BID DATE'.: TOTAL BABE BID $ 112•, 768.08 119,632.22 120,285-95 $ 112,,768.08 9 / 1O:00'A.M. FRIDAY, JULY 28, 1989' ALTERNATE BID $' 158,529.04 180.,755.79 1651,.393. 18 $ 158,529-.09 Agenda information Memo August 1, 1969, City Council Meeting VEHICLE #136 R. Vehicle #136, Approve Specs/Authorise Bid solicitation (Public Yorks street Crack sealer/Molter/Applicator)--As approved in the 1989 Budget, the Superintendent of Streets/Equipment has prepared detailed specifications for the acquisition of a melter/applicator of crack sealing compound to assist in our street maintenance program. These specifications have now been completed and are being presented to the Council of authorizing the formal solicitation of bids for a bid opening to be held at 10:00 a.m., Friday, August 25, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: specifications for Vehicle #136 (Street Sealer/Melter/Applicator) and authorize the with a bid opening scheduled for 10:00 a.m. "1989. 4�z To approve the Maintenance Crack solicitation of bids , Friday, August 25, Agenda Information Memo August 1, 1989, City Council Meeting 10=41" is VACATION/KINGSWOOD 2ND ADDN A. Vacate Utility Easement, Kingswood 2nd Addition --On July 5, the City Council received a petition from the developer and property owner of the Kingswood 2nd Addition requesting the vacation of an abandoned sanitary sewer easement resulting from the utility's relocation associated with the construction of I -35E. Based on that petition, the Council scheduled a formal public hearing to be held on August 1 to receive any comments or concerns., All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the public Works Department has not received any concerns associated. with the vacation of this abandoned utility easement. Therefore,.it is recommended that the public hearing be clojspd and the petition approved as requested. Enclosed on page is a legal description of the easement vacation being con idered. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and vacate the utility easement within the Kingswood 2nd Addition as described. ,43 -MATCH .00 26 14 M11 a,,• ti'( �� :-��/ ,1(99 � 1 •i�X P1 J� .a ,'fin,,!^ 18 �'�� r•r. , 30 -L' • 11 1 3' .per w.�.. L: IW 2.997- E, r WE", 27 9— la 20 _• y • J•U• • T • `. 17 ,y tr 22/2/..'ry 4 2I2 S•. ?• j ./M✓NN r \ds emn KINGS WOOD 31�[; .J -f TER:: 1 ��..Y' �Rlr,.r• IST .CRA':!rrdl I 1 \ .. w.NM .JSim .0 � i/r ..'r'I .R•w.r. 2ND ADDITION la I- ROJ1D :i.. .; . • .•_ ., .f. ,I uYtl M RO•TG'\ .. .'!'!►!!:2222 ► � 16 I i� •ma99 s.�.r reYr � uw.p\wwior�pwY.�r�tluR{g�o _ (.s�\,ay�w� O.RtlR tltlll0\. M.S\R RY 31�[; .J -f TER:: 1 ��..Y' �Rlr,.r• IST .CRA':!rrdl I 1 \ .. w.NM .JSim .0 � i/r ..'r'I .R•w.r. 24 2 1C 25 hry.. I All that part of a utility line easement, Document No. 401267, over lots 17 - 23, block 2, Kings Wood 2nd Addition, Dakota County, Minnesota. WTC E ... OUTLOT 0 F. 'z . •� t `. Jkhi L. ROJ1D :i.. .; . • .•_ ., .f. ,I .. .'!'!►!!:2222 ► � F..• 24 2 1C 25 hry.. I All that part of a utility line easement, Document No. 401267, over lots 17 - 23, block 2, Kings Wood 2nd Addition, Dakota County, Minnesota. WTC E ... OUTLOT 0 F. 'z . •� t `. Jkhi L. Agenda Information Memo August 1, 1989, City Council Meeting VACATION/CEDARVALE BLVD B. vacate Portion of Public Right -of -Way, Cedarvale Boulevard (Continued To August 15) --On July 5, the City Council received a petition ,to vacate a portion of Cedarvale Boulevard adjacent to the Cedarvale Shopping Center incorporating existing MTC Park & Ride site. Subsequently, they scheduled a formal public hearing to be held on August 1 and requested that the property owner enter into an agreement pertaining to the upgrading of the Cedarvale parking lot facilities if the vacation were approved and when the MTC Park & Ride site was deleted. Due to the fact that the ownership of the property is a company located in Germany, they were not able to review, execute and return the required agreement prior to this public hearing. Therefore, it is recommended that this public hearing be continued until August 15 so that the executed agreement can be presented for consideration at the same time. -ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for vacatingr,a portion of Cedarvale Boulevard to August 15, 1989. CRAY ADDITION - STORM SEWER C. Project 571, Cray Addition - Storm Sewer -On July 5, the City Council received a feasibility report for the above -referenced project and scheduledpublic hearing be held on August 1. Enclosed on pages through is a copy of that feasibility report for the Council's reference during the presentation by the. consulting engineer. All notices were published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO, BE CONSIDERED ON THIS ITEM: To close the public 'hearing and approve/deny Project 571 (Cray Addition - Storm Sewer) and, if approved, authorize the preparation of detailed plans and specifications for Contract 89-11. Report for Cray Addition (Pond QP -12 Outlet) Trunk Storm Sewer Project No. 571 Eagan, Minnesota June 1989 File No. 49495 Bonestroo L7 Rosene Anderllk $. Associates En,lneen A Architects St. Paul, Minnesota Bonestroo Rosene OEM Anderlik & " Associates Engineers & Architects June 28, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cray Addition (Pond GP -12 Outlet) Trunk Storm Sewer Project No. 571 Our File No. 49495 Dear Mayor and Council: CI® G.'Baxmoa RE. RaEen W. Rossne. P.E. Joseph C Arotlk'P.E. BraQwd A LLrrteny P.E. Ra:ham E. Tumor. -RE. James. C. Dlson P.E. Glenn R_ Cook P.E. Thomas E Noyes P.E. Rupert G. Sch nkhL,R.E- Wa L. 5"Ia. P.E. RCM A. Gw PE, Rkhad W. FoSter P.E. Dorwld C.Buganl.P.E. Jerry k Bourdon PE. Mark A. Hanson RE. W R Fi6d. RE Mkhael T. Raumiaras, P.E. Ropers R. Pkf ft P.E. David O lnskpsa P.E. Thomas W. Mersin. P.E. Mkhael C. Lynch, RE. James R Malard, RE YenrseN P. Anderson P.E. ReM1h A Bachmann PE. Mark R. Roft RE. Rop n C Ruswk. A.I.A. Thomas E A gm PE. Hpvam A. Sorbin. P.E. DanelJ Edgenw; RE. Mark A. 5* P.E. Philip J. Cas g. P.E. Maek D WdIkS'P.E. Tramas R AMenon.,AlA. Gary r. Rylande:-P.E. Charles A Enckson l M Pa Isky Harlan M. Op Ssssan M EO n. CPA. ;Transmitted herewith 'is our report for Cray Addition Trunk Storm Sever. Also included is a preliminary cost estimate and assessment roll. We will be pleased to meet with the.Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONE R00, ROS NE, ANDERL3R fi ASSOCIATES., INC. Mark Hanson MAH:li Approved Da RPT49495 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Re istered Professional Engineer .under the laws of7he 15EatR/of Minnesota. nn*u. Mark A. Hanson T—e 28, 1989 Beg. No. 14260 47 2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-6364600 SCOPE: This project provides for the construction of trunk storm sever to serve as the outlet for Pond GP -12 adjacent to Cray Addition. Cray Addition is located in the northeast corner of Lone Oak Road and Lone Oak Drive. This project is proposed at this time because Cray Addition will be discharging storm water into Pond GP -11. FEASIBILITY AND RECOMMENDATIONS: The project in feasible from an engineering standpoint and is in accordance with the-objectivew established in the Com- prehensive Storm Sewer Plan, The project can best be carried out asone contract. It should be noted the 1984 Comprehensive Storm Sever Plan proposed the storm sever outlet from Pond GP -12 be constructed southerly to Pond GP -10 and GP -3. The discharged storm water from Pond GP -3 is pumped 3 different times prior to discharging ,into Pond FP -1. As part of updating the 1984 Comprehensive Storm Sever Plan, it's been determined that Pond GP -12 can discharge into Pond FP -7 which in turn discharges directly to, Pond FP -1. Therefore, by directing, storm water from Pond. GP -12 to Pond FP -T, it will not be pumped 3 different times as it would if it were directed to .Pond GP -10 and GP -3. As a result, it's recommended the storm sever outlet for Pond GP -12 be constructed westerly in Lone Oak Road connecting to the existing storm sewer in Lone Oak Drive which discharges into Pond, FP -7. DISCUSSION: Storm sewer proposed herein provides for constructing a 12" and 18'" diameter storm sever to serve as the outlet for Pond GP -12. The alignment is shown on the attached drawing. It is proposed the storm sever in Lone Oak Road be constructed 60' northerly of the existing centerline. As a result, an additional 20' wide utility easement is required along the south property line of Cray Addition. In addition, a pond easement for Pond GP -12 will be re- quired from Parcel 014-75 which is owned by Cray Research, Inc. The proposed Page 1. RPT49495 trunk storm sever in Lone Oak Roadwill connect to an existing 240 storm sewer in Lone Oak Drive. The existing 24' storm sever ultimately discharges into Pond FP -7 which has a storm sever outlet to Pond FP -1. Design considerations for Pond GP -12 is as follows': Drainage HVL Area NUL HVL Area Storage Outflow Pond GP -12 35 Ac. 880 885.5 3.6 Ac. 10.9 Ac.Ft. 1 cfs COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total estimated project cost as outlined herein including contingencies and all related overhead is $78,250. Overhead costs are estimated at 30Z and include legal, engineering, administration, and bond interest. AREA -TO BE INCLUDED: ASSESSMENT AREA CONSTRUCTION AREA f SE 1/4, SECTION 1 DRAY ADDITION Parcel 014-75 Outlot I Parcel 015-75 BE 1/4, SECTION 1 Parcel 014-75 (Cray Addition) ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on the attached drawings. A,preliminary assessment roll is included at the back of this report in Appendix B. These assessments will be spread over 10 years at an interest rate based on the. bond sale financing this project. STORM 'SEVER: Storm sever proposed herein is trunk. Therefore, it is proposed to assess the unplatted parcels which are tributary to Pond GP -12 their trunk area storm sever assessment as shown on the attached draving. The trunk area Page 2. RPT49495 storm sever rate is $0.056/sq.ft, which is the residential/agricultural rate. In the future, if these parcels are developed to a higher use their trunk area storm sever assessment will be upgraded at that time. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sever Project Cost Revenue Balance Trunk $78,250 Trunk Assessment $71,020 TOTAL $78.250 $71,020 -$9;230 The anticipated deficit for this project is $7.230 which will be the re- sponsibility of the Trunk Storm Sewer Fund. PROJECT SCHEDULE Present Feasibility Report July 5, 1989 Public Hearing August 1, 1989 Approve Plans and Specifications Summer 1989 Open Bids/Award Contract Summer 1989 Complete Construction Fall 1989, Assessment Hearing fainter, i990 First Payment Due with ,Real Estate Taxes May, 1991 Page 3. RPT49495 i-4 APPENDIX A PRELIMINARY COST ESTIMATE CRAY ;ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROTECT NO. 571 Item 18" RCP Storm Sewer, 0''-15' deep 12" RCP Storm Seger, 15'-25' deep 12" RCP Storm Sewer. 0"-15' deep ,Manhole w/casting Manhole depth greater than 8" deep 12" RCP Apron.v/trash guard Rip rap Clear and grub trees Connect to existing MN Improved pipe foundation Mechanical trench compaction Seed w/mulch E fertilizer Unit L. F. L.F. L. F. Ea. L. F. Ea. C.Y. L. S. .Ea.. L. F. L.F. Ac. Total +5Z Contingencies Quantity 570 690 420 5 30 1 8 1 1 200 1,680 2.0 Unit Price $ 26.00 28.00 30,.00 1,000.00 80.00 600.00 50.00 800.00 500.00 2.00 1.00 1,500.00 +30Z Legal, Engrng., Admin. 6 Bond Interest TOTAL TRUNK STORM SEVER ...................,. Page 4: RPT49495 Total Cost $14,820 19,320 8,400 5;000 2,400 600 400 800 500 4'00 1,680 3,000 $57,320 2.870 $60,190 18.060 $78,250 APPENDIX B PRELIMINARY ASSESSMENT ROLL CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROJECT NO. 571 TRUNK AREA Parcel Total Description Area S&1/4, SECTION 1 n Parcel 014-75 1,449,660 Parcel 015-75 RPT49495 Assessable Credit Area Street (202) 1,050,820 Pond (2.5 Ac.) Total Rate Assessment $0.,056,/s.f. $58,846 217,500 --- 217,500 0.056/s.f. 12.180 TOTAL..,.....a...... $71,020 Page 5. 61Y OUTLOT G 1511 STDRN RY OT 70 0 200 46 SCALE /N FEET 014-75 DRAINAGE AREA _ TRIBUTARY TO 18' l 24' STORM SEWER OUTLOT I ND GP -12 NWL=880:0 in Z �� PROPOSED CRAY TRUNK STORM1SEWER �W�`Bes•s e � I i jr I 'En. 24 { 18'� 18" d' 12 RCP LONE OAK ROAD _ — (C.S.AK No. 28) `_ EnQln..r. A{sll.al. CRAY ADDITION 1 � M. Ro9ene PABone9 EAGAN, MINNESOTA (POND. GP -12 OUTLET) m �� Anderlik 6 TRUNK STORM SEWER DATE: JULY 89 COMM:48485 O �� A99oclaled 91..P.u1 Ylnn.rol. VVV PROJECT No. 571 N G NO SCALE Outlot F Outlot G Outlot 2 LEGEND Trunk Assessment Area DRAINAGE BOUNDARY TRIBUTARY TO POND -- 01:5 X75 014-75 --=f �` 1 POND GP 12 /� I l(� NWL =880.0 HWL;= 885.5 CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT No. 571 6�1 ewmetroo Aoe.n. Anderllk A Am oelsloo Date: ALY as Comm. flaws Vftwh� . Mr1660M OL P" Fig. No. 2 S. H. No 26 LONE OAK R D CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT No. 571 6�1 ewmetroo Aoe.n. Anderllk A Am oelsloo Date: ALY as Comm. flaws Vftwh� . Mr1660M OL P" Fig. No. 2 Agenda Information Memo August 1, 1989, City Council Meeting LEXINGTON WAY/ST & TRUNK WATERMAIN D. Project 572, Lexington Way (Street & Trunk Watermain)--On July 5, the City Council received the feasibility report for the above - referenced project and scheduled the public hearing to be held on August 1 to formally discuss the proposed improvements and related financing with the affected property owners. Enclosed on pages through _6a__ is a copy of the feasibility report for the Council's information and reference during the presentation to be made by the consulting engineer. Staff has had several conversations with some of the affected property owners reviewing their concerns and objections to the upgrading/street improvement portion of this project. Enclosed on page., is a letter from some of the affected property owners addressing their concerns. Staff will be available to answer further questions that may arise during the public hearing discussion. ,ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny Project 572 (Lexington Way - Street & Trunk Water Main) and, if approved, authorize the preparation of detailed plans and specifications. 6� Report For LEXINGTON WAY STREET & TRUNK WATERMAIN IMPROVEMENTS Eagan, Minnesota City Project No. s72 JULY 59 1989 Comm. NO. 4418 Orr Schelen Mayeron & Associates, Inc. (AS Engineers w Surve,yor,s a Planners REV. 7/21/89 FEASIBILITY REPORT AND ESTIMATE OF COST LEXINGTON MAY STREET RECONSTRUCTION It TRUNK MATER MAIN. PROJECT NO. 512 EAGAN, MINNESOTA. PREPARED BY ORR-SCHELEN-MAYERON A ASSOCIATES CONSULTING ENGINEERS/SURVEYORS/PLANNERS 2021 EAST HENNEPIN AVENUE MINNEAPOLIS, MINNESOTA OSM COMM. N0. 4418 July 5, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lexington Way Street Reconstruction & Trunk Water Main Project No. 572 OSM Comm. No. 4418 Dear Mayor and Council: Transmitted herewith is our report for Lexington Way Project No. 572. This report addresses the necessary street improvements for Lexington Way and Trunk Water Main to connect the new reservoir to the Booster Station. We would be happy to discuss this report with all interested parties at you convenience. Please give us a call if you have any questions. Sincerely, ORR-SCHELEN-MAYERON' & OCIATES, IN 0(-x'60• e-- Robert D. Fri'gaard, P.E. Associate RDF: tja Attachment I hereby certify that this plan,, specification or report was prepared by me or under my direct super- vision and that I am a duly Registered Professional Engineer under the laws of t State of Minnesota. Robert D. Fr' aard, P.E. Date: July '5, 1989 Reg. No. 7285 Approved by: Dep'artm t of Public Works Date: Vo TABLE OF CONTENTS TITLE PAGE PAGE NO TRANSMITTAL LETTER/CERTIFICATION TABLE OF CONTENTS I. SCOPE 1' II. FEASIBILITY AND RECOMMENDATION 1 III. DISCUSSION 1 A. WATER MAIN I B. STORM SEWER 1 C. STREET 2 D. RIGHT-OF-WAY 2 IV. BENEFITTED AREAS 2 V. COST ESTIMATES 3 VI. ASSESSMENTS 3 VII. PROJECT SCHEDULE 3 APPENDIX A. COST ESTIMATES 4 B. PRELIMINARY ASSESSMENT ROLL 5 FEASIBILITY REPORT LEXINGTON WAY STREET RECONSTRUCITON & TRUNK WATER MAIN PROJECT NO. 572 EAGAN, MINNESOTA I. SCOPE This project includes the reconstruction of the existing roadway from an existing 24 -foot rural section to a 32 face-to-face urban section on Lexington Way from Lexington Avenue (County Road 43) to Diffley Road (County Road No. 30). This will involve grading, gravel base, concrete curb and gutter, bituminous surfacing, storm sewer and boulevard construction. II. FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering viewpoint. The project as outlined herein can be achieved under one contract. III. DISCUSSION A. Water Main With the new 4.0 million gallon surface reservoir being constructed south of Diffley Road and Lexington Way, under City Contract 88-24 it is necessary to run a 20 -inch trunk water main from the existing booster station on Lexington Avenue to the reservoir. The route selected, which will minimize the severance of properties, is to run north from the booster station to a sanitary sewer easement. (This easement is along the southerly line of the Eagan Evangelical Covenant Church property) thence west paralleling the sanitary sewer to Lexington Way, thence south along Lexington Way, across Diffley Road and connecting to the surface reservoir. If Lexington Way were not to be improved under this project, there would be street reconstruction costs associated with the water main project. With this in mind, it is proposed that the street reconstruction costs be applied to the water main costs. B. Storm Sewer Most of the land adjacent to Lexington Way (with the exception of the church property), drains away from the roadway. With this in mind, storm sewer construction will be at a minimum. The storm sewer proposed is to extend a 15 -inch RCP pipe from the intersection of Lexington Way and Lexington Avenue, south for approximately 500 feet and place catch basins on either side of the street. This will also allow for a connection to the church parking lot. There will also be a new catch basin placed along the west side of Lexington Way at Lexington Avenue. -1- Mi C. Street Construction The street will be reconstructed to city standards. This will involve grading, gravel base, bituminous surfacing, 8618 concrete curb and gutter to a width of 32 feet face-to-face of curb. D, Rights -of -Way and Permits Lexington Way has a basic right-of-way of 66 feet. All street work will be done within this right-of-way, however, it may be necessary to obtain temporary slope easements to blend the project into adjacent property. It will be necessary to obtain an additional 10 feet of permanent easement (from the church property,) parallel and adjacent to the existing sanitary sewer easement. Temporary construction easement will also have to be obtained along this line to install the 20 -inch watermain. Permits from the Minnesota Department of Health will have to be obtained for the water main. A permit from the Dakota County Highway Department will have to be obtained for any work done within,the rights-of-way of Lexington Avenue and Diffley Road. - IV. BENEFITED AREAS The areas benefited by this improvement are all parcels abutting Lexington Way from Lexington Avenue to Diffley Road. Construction Area SW 1/4 Sec 23, T 23, R 23 Parcel 012-54 Parcel 014-54 Parcel 019-54 SE 1/4 Sec 22. T 27, R 23 Parcel 031-76 Parcel 031-76 Parcel 010-77 W. Schmidt Add. Lot 1, Block 1 Lot '2, Block 1 -2- '/ Assessment Area SW 1/4 Sec 23. T 27. R 2 Parcel 012-54 Parcel 014-54 Parcel 019-54 SE 114 Sec 22. T 27. R 23 Parcel 011-76 Parcel 031-76 Parcel 010-77 W. Schmidt Add, Lot 1, Block 1 Lot 2, Block 1 V. COST ESTIMATES A detailed cost esimate can be found in the attached appendix. A summary of these costs are as follows: A. Street and Storm Sewer $ 117,620 B. Reservoir Water Main 120,770 TOTAL ESIMATED PROJECT COST 5,238,390 The above total estimated project cost includes a contingency factor and a 30% estimated cost for legal, engineering, administrative, and fiscal. These costs do not include easement acquisition as it is assummed that easements will be provided at no expense to the Project. VI. ASSESSMENTS Assessments are proposed to be levied as shown in the Appendix. The assessments are for the street and storm sewer on Lexington Way. The costs for the trunk water main will be paid for from the water supply and storage fund. It is, imparative that the trunk water main be installed this fall so the new water reservoir can be placed into service. With this in mind, if the Lexington Way street improvements did not take place, there would be approximately $16,000 in additional costs for the reservoir water main for restoration. If this cost is, credited to the street improvement and paid for from the water supply and storage fund, the assessable cost of $117,620 for street improvements would be reduced to $101,620. To calculate the street improvement assessments we have ,used the $101,620 figure. There are 2406.28 assessable feet, giving an assessment rate of $42.23/foot. V1I. PROJECT SCHEDULE Present Feasibility Report 7-05-89 Public hearing 8-01-89 Approve Plans and Specifications 8-01-89 Bid Opening 8-30-89 Award Contract 9-05-89 Begin Construction 9-15-89 Complete Reservoir Watermain 10-15-89 Complete Street Construction 7-01-99 Assessment Hearing 09-90 First Payment due with Real Estate taxes 5/91 -3- �v LEXINGTON WAY COST ESIMTAES STREET AND STORM SEWER 2400 L.F. 8618 @ $ 5.00/L.F. $ 12,000 6500 C.Y. Common Excavation @ 3.00/C.Y. 19,500. 1560 Ton Class 5 (100% crushed) @ 7.00/Ton 10,5.00 500 Ton 2341 Bituminous Base @ 12.00/Ton 6,000 375 Ton 2341 Bituminous Wear @ 13.00/Ton 4,875 50 Ton Bituminous mat. for mix @ 150.00/Ton 7,500 250 Gal. Tack @ 1.00/Gal, 250 4500 S.Y. Sod @ 2.00/S.Y. 9,000 1 Acre Seeding @ 1,000.00/Acre 1,000 500 L.F. 15" RCP @ 21,.00/L.F. 10,500 60 L.F. 12" RCP @ - 19.00/L.F. 1,,14.0 3 Each Catch Basins @ 800.00/Each 2,400 1 Each Manhole @ 1,000.00/Each 1,000 1 Each Cut into Ex. M.H. @ 500.00/Each 500 SUBTOTAL $ 86,165 + 5% Contingencies 4.310 $ 90,475 +30% Legal, Eng., Adm., & Fiscal 27.145 TOTAL ESIMATED PROJECT COST $117,620 RESERVOIR WATER MAIN 1700 L.F. 20" DIP @ S 38.00/L.F. $ 64,600 60 L.F. Jack Casing for 20" DIP @ 200.00/L.F. 12,000 5 L.F. 6" DIP Hyd lead @ 14.00/L.F. 70 5000 lbs. Fittings @ 1.20/lbs. 6,000 1 Each Hydrant @ 1,000.00/Each 1,000 1 Each 20" B.V. & Box @ 3,000.00/Each 3,000 1 Each 6" G.V. & Box @ 400.00/Each 400 1 Acre Seeding @ 1,000.00/Acre 1.400 + 30% Legal, SUBTOTAL $ 88,470 TOTAL ESTIMATED COST + 5% contingency 4,430 $ 92,900 + 30% Legal, Eng., Adm. & Fiscal 27,870 TOTAL ESIMATED PROJECT COST $120,770 ADDITIONAL COST TO RESERVOIR WATERMAIN IF STREET IS NOT CONSTRUCTED 720 Ton Class 5 (100% Crushed) @ $ 7.00/Ton $ 5,040 180 Ton 2331 Bituminous Bask @ 12.00/Ton 2,160 135 Ton 2341 Bituminous Wear @ 13.00/Ton 1,755 18 Ton Bituminous Material for Mix @ 150.00/Ton 2,700 100 Gal Tack @ 1.00/Gal 100 SUBTOTAL $ 11,755 + 5% Contingency 555 $ 12,310 + 30% Legal, Eng., Adm. & Fiscal 3.690 TOTAL ESTIMATED COST S 16,000 -4- �3 PROPOSED ASSESSMENT ROLL PROJECT 572 LEXINGTON WAY W. Schmidt Add. Lot 1 Block 1 143.3 42.23 6,,051.73 Lot 2 Block 1 100 42.23 4,223.11 TOTALS, 2,406.28 $101,620.00 ($74,858.,10); * This gives a 75' corner lot allowance due to previous assessment on Lexington Avenue. ** qualifies for consideration under Special Assessment Policy 86-3. REVENUE SOURCES Item Front Rate Street Parcel.Descriytion Footage (per F.F.) Assessment Reservoir Water Main SW 1/4, Section 23 0.00 120,770.00 TOTALS' 5238'.390.00 012-54 267 42.23 $ 11,275.72 0144;4 .290.4 42.21 10,263.93 019-54 (church) 521.88* 42.23 22,039.60 SE 1/4, Section 22 01.1-76 250 42.23 9,557.79 013-76 364.1** (100) 42.23 15,376.37 (4223.11) 010-77 469.6** (100) 42.23 19,831.75 (4223.11) W. Schmidt Add. Lot 1 Block 1 143.3 42.23 6,,051.73 Lot 2 Block 1 100 42.23 4,223.11 TOTALS, 2,406.28 $101,620.00 ($74,858.,10); * This gives a 75' corner lot allowance due to previous assessment on Lexington Avenue. ** qualifies for consideration under Special Assessment Policy 86-3. REVENUE SOURCES Item Project Cost Assessments Water Suool'y & Storage Fund Street & Storm Sewer $117,620.00 $101,620.00 $ 16,000.00 Reservoir Water Main 120.770.00 0.00 120,770.00 TOTALS' 5238'.390.00 5101.,620.00 $136,770.00 IF'SPECIAL ASSESSMENT POLICY 86-3 IS APPLIED THE REVENUE SOURCES ARE AS FOLLOWS: ITEM Street & Storm Sewer Reservoir Watermain TOTALS PROJECT COST $117,620..00 120,770.00 $238,390.00 ASSESSMENTS $74,858.10 0.00 574.858.10 -5- W WATER SUPPLY & STORAGE FUND $ 16,000.00 120.770.00 5136.770.00 MAJOR STREET FUND $26,761.90 0.00 $26,761.90 I 2 1 76 1 3 LEXINGTON 5 HILLS FIRST N PROPOSED ADDITION CHURCH 4 031-76 3 ri l� �Q'b O 1t r0—�yl 7 W. SCHMID7� .-� 019-54 1 L_� _.. 8 ADDITION O 2 11 014-54 031-54 ED zEXISTING 0 010-77 0, BOOSTER o z STATION w 034-54 �^ J 012-54 S.E.%a, S22,T27, R23 S.W. y4,S'23,T27, R23 DIFFLEY RD'. C.S.A.H.NO.30 J L E G E N D PROPOSED / >> — STORM SEWER WATER !; STREET, CURB 8 GUTTER RESERVOIR �1,__ TRUNK WATER MAIN 014-01 200 100 0. 200 400 SCALE IN FEET PROPOSED IMPROVEMENTS PSH $e6elen Ye Bron d DateCAK As/NoMates, Inc. Lnsln"" a 9ur.gon a Plennen wing Title Comm. No. LOCATION MAP 4418 LEXINGTON WAY PROJECT NO. 522• Sheet no. EAGAN, MINNESOTA 011-76 014-01 N 400 031-76 } Q 3 SCALE IN • W. SCHMIDT 1 EXISTING UTILITIES ADDITION 2 3oleten sitAssocle°tea Inc. �•puA o-0 kh+ "11& 11U41Planners ..w o....N....... • murwlr. en wwu • p•••Oli•e• Drawing Title LOCATION MAP LEXINGTON WAY PROJECT NO. 522 EAGAN• MINNESOTA z Comm. No. 4418 0 010-77 z x w J- S.EA4., S22,T27, R23 DIFFLEY RD. i D 2 1 3 I LEXINGTON HILLS FIRST ADDITION +41 4 L l�0 ti 019-54 I •.I I I014-54 031-54 C I I EXISTING BOOSTER STATION 034-54 I 0.12-54 S.W. 4,S23,T27, R, — _`C_S. A. H. NC ll�f L E G E N D PROPOSED — EX. WATER .MAIN WATER—'�'� '— EX. STORM SEWER RESERVOIR •••••••••••••••• EX. SANITARY SEWER 014-01 200 100 0. 200 400 SCALE IN FEET EXISTING UTILITIES )rbwn By PSH 3oleten sitAssocle°tea Inc. �•puA o-0 kh+ "11& 11U41Planners ..w o....N....... • murwlr. en wwu • p•••Oli•e• Drawing Title LOCATION MAP LEXINGTON WAY PROJECT NO. 522 EAGAN• MINNESOTA Comm. No. 4418 Dote 7-.S '8 Sheet no. DIFFLEY RD. D2 1 3 LEXINGTON 5 HILLS FIRST ADDITION 4 Cj• , O,y (D019-54 B 11 014-54 031-54 n a EXISTING BOOSTER s STATION 034-54 �^ 012-54 S.W. Y4,S23,T27, R23 C.S.A.H.NO.30 L E G E N D PROPOSED BENEFITTED FRON7AG1 WATER0 RESERVOIR 014-01 200 100 0 200 400 SCALE 1N FEET ASSESSMENTS Drown By Drawing Title Comm. No. PSH��3e�ialsa LOCATION MAP 4418 lleysr"n 6 OQt'ot°' Inc.67 LEXINGTON WAY PROJECT NO. 522 Date: Sheet no. -� Ls�ln«n O 9unyon. Ploenon ..,......�........ w.r..v<.. ».1..w.�«» EAGAN MINNESOTA 7 -ti July 21, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Eagan, Mn. 55,122 Re: Lexington, Way Street Reconstruction & Trunk Water Main Project No. 572 DSM Comm. No. 4418 Dear Mayor and Council: Enclosed herewith is our petition to reconsider the proposed street improvements for Lexington Way. We feel that reconstruction of the street will not raise our property value in,proportion with the essessd values. especially the way the street is being reconstructed. All six residents who are affec_ ted, feel that the presentstreetis acceptable the way it is. If it must be improved„we feel the most beneficial to us and the community would be to cul-de-sac the street on the north end. By doing this, it would eliminate an already dangerous inter- section of Lexington We and end Lexington Avenue, and eliminate continuous unwanted traffic. Most of us have been residents for over thirty years, and des- erve consideration from you who are elected to serve us. Please think this over seriously and we will see you all on Tuesday August Ist. cc: Vic Ellison Tom Egan Pam McCrea Dave Gustafson Ted Wachter Campbell, Scott & Fuchs Sincerely, 1” ;Af V621 -C 4115 LeXIuC-raw WA L/ 7 -f I, II Ii It q S `t-clN Grp WAY' "V124 CK Agenda Information Memo August 1, 1989" City Council Meeting VACATION/DIFFLEY ROAD E: Vacate Abandoned County Right -of -Way (Diffley Road Frontage Road - West of Pilot Knob Road --With the upgrading of Pilot Knob Road and Diffley Road and the relocation of their intersection approximately 75' to the north, there is a portion of the old Diffley-Road alignment west of Pilot Knob Road that is turned back to the City's jurisdiction. The old Diffley Road roadbed was retained with the intentions of that being a private drive servicing the existing five property owners as a private frontage road. The City has been working with the property owners to assist them in preparing and entering into a private maintenance agreement with related cross easements. The property owners have expressed a desire to vacate the turnback portion of this county right-of- way in conjunction with the execution of the private maintenance and cross easement,agreements. n Unfortunately, the legal description for the cross easement private maintenance agreement was inadvertently used for the public notice advertisement of the larger county turnback vacation description to be considered under this public hearing. Subsequently, it is recommended that this public hearing be continued to September 5 to allow staff to, readvertise and renotify everybody with the correct legal descriptions of the vacation. ACTION TO BE CONSIDERED ON THIS ITEM: hearing until September 5 to consider County right-of-way (Diffley frontage Road). M To continue the public the vacation of abandoned road - west of Pilot Knob Agenda Information Memo August 1, 19"89 City Council Meeting A. Comprehensive Guide Plan Amendment", Park Center Addition/"Federal Land Company, Changing the Land Designation from D -III Mixed Residential to C..P.D. a Rezoning from AG to a Planned Development District, a Preliminary Plat Consisting of Bis Lots and a Conditional Use Permit for Pylon signs --At the March 7,, 1989 City Council meeting, action was taken to approve the proposed Park Center development subject to three (3') specific actions. Those actions include the following: T. 1) Approve and send the C.P.D. Comprehensive Guide Plan Amendment for Park Center Addition to the, Metropolitan Council for review. The Comprehensive Guide, Plan Amendment was submitted to the Metropolitan Council and for a transcript of that process and letter containing three (31 recommendations as adopted b the Metropolitan Council, refer to pages 77— th Z through The June 27 letter states specifically "This letter:; th"e efore, constitutes planned amendment approval on the part of the Council." 2.) Send the West part of the Park Center property to the APC to begin action for rezoning that property to R-3. According to the Director of Community Development, this item will be sent to the Advisory Planning Commission once the option agreement is exercised by the City and the developer. 3) Direct City staff to prepare the following: a) Resolution amending the Comprehensive Gude Plan. This task was, accomplished by the recent approval of the Metropolitan Council. b) Resolution approving the rezoning and entering into the planned developing agreement for the Eastern part of the property to commercial planned development uses, This document is being finalized by the Director of Community Development and City Attorney's office. c) Resolution approving the preliminary plat of the Eastern part of the property with the Western part of property shown as an outlot. Again, this item is being worked on by the Director of Community Development and City Attorney. d) Subdivision agreement later date. 7L This will be finalized at a e) Pylon sign agreement. This also will be finalized prior to final plat approval.' f) Staff to review the executed option agreement with the HRA and Federal Land for acquisition of the Eastern part of the property. A purchase agreement should be finalized and, ready for acceptance by the City Council at either the August 1 or August 15 meeting. g) Settlement agreement for the condemnation lawsuit between the City of Eagan and Federal Land for acquisition of, the pond and utility easements on the Park Center property. This agreement is being finalized by legal counsel for Federal Land Company and the City. For a copy of March 7, 1989 minutes pertainincL to Council action on this item, refer to pages through X.- . For additional information on the Park Center proposal, refer to the original report and attachments that were prepared between the ,months of November 1988 and February 1989. This information includes a traffic impact evaluation pr pared by Engineering. These documents are enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To, approve or Comprehensive Guide Plan Amendment changing the designation from,D-III .to C.P.D., 2) a rezoning from AG 3.) a preliminary plat consisting, of six (6) lots conditional use, permit for pylon signs 'located along the of Cliff Road. - 7! deny: 1) land use to a P.D., and 4) a North side METROPOLITAN COUNCIL Mears Park Centre, 230 E. 5th St, St Paul, MN 55101 (612) 291.6359 DATE: May 19, 1989 TO: Metropolitan and Community Development Committee FROM: Richard' Thompson Comprehensive Planning (291-6457) SUBJECT: City of Eagan Guide Plan Amendment Park Center Addition Metropolitan Council Referral 14721-3' Metropolitan District 15 INTRODUCTION The City of Eagan transmitted a Comprehensive Guide Plan Amendment submission for the Park Center Addition located at the northwest corner of Cliff Road and Cliff Lake Road. The amendment involved changing the land use designation of the subject property to CPD, Commercial Planned Development, from D-111, Mixed Residential (6-12 units/acre). The proposed uses include a restaurant, ,retail strip center, a retail building and a bank. F i V 't' 1 VJ15M The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared; submitted to the Metropolitan Council for review and adopted in the same manner as the original' plans (Minn. Stat. 473.864, subd. 2, 1978). Guidelines adopted pursuant to Minn. Stat. 473.864 for reviewing proposed amendments provide a 90 -day review period for amendments potentially affecting one or more of the metropolitan systems and a 60 -day review periodfor amendments that do not have a potential impact on metropolitan systems. The City, of Eagan submitted the Comprehensive Guide Plan Amendment to the Metropolitan Council on March 17, 1989. On March 27, the Chair determined that the amendment constituted a major plan amendment which calls fora 90 -day review period The deadline is, therefore, June 14, 1989. ANALYSIS The proposal driving the amendment change would allow development of a retail complex; Park Center Addition, consisting of 161,900 sq. ft The project would include a Class 1 (sit down) restaurant, a retail strip center, a clinic, a retail building, a bank and two two-story, 18,000 sq. ft. office buildings. A portion of a city storm pond is located on the site. The northwest 6.10 acres of this site (see Map 1) is currently being appraised by the Dakota HRA for an elderly housing project (the area identified for office building and clinic). If this site is chosen and developed for .the elderly housing complex, only that portion of the project would change. The elderly housing would ,accommodate 60 to 120 units. Since this project is proposed in an area inside the MUSA and since ,the City of Eagan has adequate metro sewer service available, there are no issues related to the MDIF, or the Water Resources Management Plan of the Council. The proposed project will not impact plans for regional recreation,open space; In addition, altering the land use designation of 13:5 acres will, 7Y not have a negative impact on the mix of housing types available in Eagan. The amendment is consistent with Council housing policy. There are no'impacts on metropolitan airport systems. There are, however; 'impacts on the metropolitan transportation system, specifically the highway system The proposed addition is located north of Cliff Road and west of Rahn Road. Surrounding land uses include Rahn Park; a neighborhood ,park to the north, Cliff Lake Center (Cub'Food Store and Target) to the east, the Dakota County court facility and drivers' testing facility on,the south, and office buildings and single family homes to the west (see Map 2). The proposed site is north of Cliff Road (CSAH 32) between Cedar Avenue and I735E; all three roads are designated as principal arterials on the Metropolitan Highway System. This section of CSAH 32 is four -lane and undivided. Two additional direct accesses to CSAR 32 are proposed to serve this project. The first would be across from the existing ` drivers' license facility entrance and would upgrade it to a signalized intersection with full traffic movements. The second new access would, be a limited right-in/right-out from Park Center. A center, raised median between I -35E and Cedar Avenue would be needed to make these access points workable. (Typically, direct land accesses are inconsistent with the functional classification criteria for principal arterials) Concerns regarding the direct access to a metropolitan highway triggered a meeting with representatives from the planning and engineering staffs of Dakota County and the City of Eagan. Much of the discussion focused on the possibility of adding two lanes to CSAH 32; on the function of CSAH 32 as a ,principal arterial, and that of CR 42, to the south, which may be the more appropriate principal arterial. Dakota County indicated that the two new access points on CSAH 32 would be workable if'a center median was provided. The County will continue to work on its transportation plan to determine the most appropriate, east -west arterial. The Council will help facilitate that decision. In the meantime, the City will respondto the system statement recently sent to it by the Council. Land use impacts on. CSAR 32 will be addressed as part of"its •system statement response. FINDINGS The two access points proposed in conjunction with the Park Center Development are acceptable if the raised center median is provided. 2. A need exists for a complete analysis of potential trip demands and, generation in other quadrants of the I-35 and Cliff Road area. RECOMMENDATIONS That the Council adopt this report and findings as stated above as part of these recommendations. 2. The Metropolitan Council should work with. Dakota County to determine the most appropriate east -west principal arterial(s) through the County. 76 3. The Eagaq nsystem statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity, of CSAH'M, fr35E and Cedar Avenue. /- '16 k r r ITE__PLAN_ a b COMPREHENSIVE GUIDE PLAN AMENDMENT DATE: AN. _ PLAN AMENDMENT � 7 Y(IOORIM' vYY D III MIXED RESIDENTIAL vfY ® (6-12 units/acre) trf; e hx :CPD COMMERCIAL L DEVELOPM .W ENT R PROPERTY ADDRESS OR LOCATION: Northwest corner of Cliff Road and Cliff Lake Road SIZE,OF LAND AREA: 13.5 acres (approximately) CHANGE IN FORECAST: 1f44 JIM POPULATION N.A. N.A. HOUSEHOLD N.A. N.A. EMPLOYMENT N.A. N.A. Park Center Addition NOTES: Land Use Change: FROM D-III Mixed Residential (6-12 units/acre) TO CPD Commercial Planned Development N O Metropolitan Council Meeting of June 8, 1989 Business Item: B-2 M E T R O P O L I T A N C 0 U N C I L Mears Park Centre, 230 E. Fifth St. St. Paul, Minnesota 55101 612-291-6359 REPORT OF THE METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE Referral Report No. 89-47 DATE: June 2, 1989 TO: Metropolitan Council SUBJECT: City of Eagan Guide Plan Amendment Park Center Addition Metropolitan Council Referral 14721-3 Metropolitan Council District 15 BACKGROUND At its meeting on May 25, 1989, the Metropolitan and Community Development Committee discussed a staff report and recommendations dealing with the review of guide plan amendment the City of Eagan submitted for the Park Center Addition. ISSUES AND CONCERNS Richard Thompson, Council staff (ext. 6457), presented the findings and recommendations and answered questions from the committee. The committee raised no issues or concerns. RECOMMENDATIONS 1. That the Council adopt this report and findings as stated in the report as part of these recommendations. 2. The Metropolitan Council should work with Dakota County to determine the most appropriate east -west principal arterial(s) through the County. 3. The Eagan system statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity of CSAH 32, 1-35E and Cedar Avenue. Respectfully submitted, Joan Campbell, Chair JC:kp 77 METROPOLITAN COUNCIL Meas Park Centre, 230 Farr Fifth, Sneer, St. Awl, MN. 55101 612 29J-359 June 13, 1989 MUN 1 6 t9eg Tom 'Hedges, Administrator City of'Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Comprehensive Plan Review. City of Eagan Park Center Addition Metropolitan Council Referral File No. 14721-3 Dear Mr. Hedges: At its meeting on June '8, 1989, the Metropolitan Council considered the city 'of Eagan roomprehensive.plan amendment for. the Park Center Addition. This consideration was based on a report of the, Metropolitan and Community Development Committee, Referral Report No. 89-47. A copy of this:report is attached. The Council adopted the following recommendations contained in the above report: 1. That the Council adopt this report and findings as stated in the report as part of these recommendations. 2. The Metropolitan Council should work with Dakota County to determine the most appropriate east -west principal arterial ('s) through the County. 3. The Eagan system statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity of CSAH 329 I -35E and Cedar Avenue. Sincerely, )2'K414�_ Steve Keefe Chair SK:ll Attachment cc: Kristy Marnin, Planner I, City of Eagan Lyle D. Wray, Administrator, Dakota County Charles Bartholdi, Federal Land Co. R.A. Odde, Metropolitan Waste Control Commission Richard Thompson, Metropolitan Council Staff �0 METROPOLITAN COUNCIL, Mears. Park Centre, 130 Fast Fifth street, sr. Pard, MN. 55101 611 291-6359 June 27, 1989 Thomas Hedges, Administrator Ciry of Eagan '3830 Pilot KnobRoad Fagan, MN 55122' RE: Comprehensive Plan Review City of Eagan Park Center Addition Metropolitan Council Referral' File No. 14721-3 Dear Mr. Hedges: The Metropolitan Council considered the comprehensive plan amendment for the Park Center Addition in Eagan at its. June 8 meeting. Ms. Kristy Marnin of the City called asking for clarification of the Council's actions as stated in my letter to you dated, June 13. That letter contained three recommendations adopted by the Council Those recommendations are as follows: 1. That the Council adopt this report and fundings as stated in the report as part of these recommendations. 2 The Metropolitan Council should work with Dakora ,County to determine the most appropriate east - west principal arterial(s) through the County. 3. The Eagan, system,statement response should include adequate land use information to determine if there, will be significant traffte impacts in the vicinity of CSAH 22, I -35E and Cedar Avenue. To clarify, none of these recommendations are conditions of approval, rather they are intended to stimulate progress on determination of .the appropriate east -west principal arterial, whether CSAH 32 or 42, and to emphasize the importance of projecting future traffic generation from the Cliff Road area. This letter. therefore, constitutes plan amendment approval on the pan of the Council. If you have any further questions on this issue, contact Richard Thompson of our staff (291.6457). Sincerely, Steve Keefe, Chair SK/kp cc: Kristy Marnin, City of.Eagan 19 Page S/ZAGAN CITY COUNCIL MEETING MINUTES March 71 1989 billboard advertising sigd.'.'*6n Lot 2, Bf6c"k it s a v industrial Acres, to allow further research he billgtiiidtzd ordinance. All voted in favor. COMPRERZOSM GUIDE MM AifiibiT�T/PAEE 4== AWITION/rEWUM LAND COMPANY City Administrator Tom Sedges Informed the Council that the APC had considered the applicatAn by federal Land Company and recommended a denial Guide Plan Amendment and rezoning. Community Development DireO�-x Daj-**�'.�*'Runkle reviewed the site plan with the Council and . W. to the BRA Option K. Be informed the Council thatW 'I .. on had been reviewed with the City Attorney. prepared Colon (Federal Land Company) announced that he was prepared to give a full presentation if requested by the Council. in regard to the traffic matter# he stated he had met with Sorenson and Colbert and that eventual probably 1991, Cliff Road would be a six -lane road. Be stated the"':00'.04vuratI on would be similar to Yankee Doodle Road. Mr. Colon explained that counted all trees in excess of 6 inches in width....azi ?:t' 'ree feet tall and that the count was approximately 180. Be 0 ' i.'" ' ii "the trees were concentrated in the northwest corner near the senior citizens site. Be observed that if the plan proceeded, 206 to 25% of the trees would be saved if the office buildings were installed. Be explained that if the BRA plan was approved, up to 339 of the trees could be saved. Be reported that Federal Land Company would:.glat;;ZDA.:;Regs when the development was completed. Councilmember McCrea asked iffilin thi...'center would open. Mr. Colon stated it would open either when;.fte fLit'l placement of Cliff Road was completed (about 1991) or whdfi:the :interim construction could be accomplished, including the widening arid::::signalizLng of the westerly access point. Be stated this would solve the problem. Be announced that the developer would assume the cost of the upgrade. Councilmember McCrea suggested using the Target lot an a prototype for saving trees. Mr. Colon Otited the developer was willing to make that commitment. Councilmember Egan qud:Aes In other areas of the ;dtf*6 development would be saved. Be also questioned what type of interim improvements were needed. Hr. Colon id.4"imed the Council that the developer was willing to pursue any interim options set out by the County and the City engineers. Mr. Egan questioned if It would be an "either/ors proposition. Assistant City Engineer responded yes. Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 ............... Councilmember McCrea quesi,gned if Ee the temporary provisions 4.tE made. Ellison recommended that t�ia?C:�yy;:;! top priority. Councilmember 'Wad1i't4?C:Q was for the two entrances off of Cl if it was only preliminary. Mr. Poertsch County had not reviewed the study and Be stated that the 1991 or 1992 apgra Councilmember McCrea -stare resolution. City Administrator reprioritize the capital improv de Land could open earlier if It:►'Colon stated yes. Mayor gEid encourage the upgrading as uestioned if the County approval f Road. Mr. Colon responded that informed the Council that the would not do so until March 13. de was not official. Bed City Attorney Jim Sh4t;00 i *m$R area and that whichever dfs6tion t criticism and perhaps a lawsuit. Be alternatives: I. Obtain additional information and facts regarding use of the entire Park Center site an:;a..multi-family development. II. 1. Send the CPD Compreheh6ive Guide::Plan Amendment to the Metropolitan Council for;::;.evi: 2. Send the west for part:.:' thatproperty to orgp3rty to the APC to in it could approve a commented that staff could o:$*ed that it was a sensitive 8'Council went, there would be informed the Council of two 3. Direct City staff to prepare the following: a. Resolution ehensive Guide Plan. b. Resolution appr.oving;:;tb.....ezoning and entering into the Planned Development A9Z�eanntdforthe eastment rn part of the property to Commercial:;:' e easter c. Resolution approviyg thelwestern partaofothehpropertyn part of the property i th as shown as an outlot. d. Subdivision Agreement. e. Pylon Sign Agreement.. f. Staff to revi�fl:: 4i'00cu OPtion Agreement with rteof HRA and Federal Land for acqui.eition of the eastern pa Of the property. Page 10/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 g. settlement Aogpement for between the Cityy:;apf Eagan a of the pond and h,iv!: peq# property. . ............ condemnation lawsuit decal Land for acquisition s on the Park Center Mayor Ellison asked how the Metropolitan Council received authority to rezone in Eagan. Nr. Sheldon stated the authority was given by the state legislature and he further explained the history. Councilmember McCrea' she thought the Comprehensive Guide Plan was a 44gde. W stated the changes in the surrounding land use had not affected this parcel and questioned how a lawsuit could be generated. !(t:;,Shel?i stated that a lawsuit would not mean that the Council diii;iyti+:itlgiiiong. McCrea stated the City had not received a lawsuit --.'At :-*t;ui i*a •while. Councilmember Gustafson questioned that if the Council needed to take a procedure, what assurance would the developer have. Be stated the leaned toward the proposed type of development and questioned if the resolutions would cover these concerns. Mr. Sheldon stated that the procedure was con sisteii;t.:::with the last five Planned Development Agreements and that all paztiE$gitould understand the position. Mr. Sheldon also comme to the preliminary plat and continuance. 120 day limit applied only icant should agree to the Councilmember Egan suggested the Council act on only two matters at the present time: (1) recommend change to the Comprehensive Guide Plan; or (2) rezone to Multi Residential. Councilmember Wachter suggested also including sending it to Dakota County. Councilmember Egan qu;&st1%g!!gt Council's timeframe. Community Development Director"Dt1aiIs'-'Rui'i'k'le stated it could be anywhere from 10 to 90 days and i�.t thy:traffic studies would be reviewed. Councilmember Gustafson queAl one&l."hat if the City sent the matter to the Metropolitan Council and it approved, could the City still change its mind. Councilmember Egan stated the record was clearly established and that in 1984, the Council refused rezoning on the basis of excess commercial in Eagan,.,.: Since that time, there has been substantial change in the area. Se;:itated that the plan is very sensitive and that the developer demonstrated that D -III would be spot zoning. Be further stat* :: ht1t..;the:;:ptudy showed that the area is ripe for further retail Egan moved, McCrea seconded, the "E ion to: 1. Approve and send the CPD Comprehensive Guide Plan Amendment for Park Center Addition to the Metropolitan Council for review. Page 11/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 2. Send the west part if the Park -.Venter property to the APC to begin action for rezori#i:;#►atsperty to R-3. 3. Direct City staff to pi 'ke the followings a. Resolution amending the Comprehensive Guide Plan. b. Resolution approa'3#ig:::h43;:oning and entering into the Planned Developmefit`�4g§rit:ior the eastern part of the property to Commercial:;.Plannoo: Development uses. c. Resolution approvir"!i".the +r:eliminary Plat of the eastern part of the proPe:i:ty: rYkh;:-:j '::iiestetn part of the property as shown as an onlot: d. Subdivision Agreement. e. Pylon Sign Agreement. f. Staff to reviei:the,.executed Option Agreement with the HRA and Federali:eria::€�it:z:e!e4uisition of the eastern part of the property. g. Settlement Agreey&nt:; oit:�::fiie condemnation lawsuit between the City...Qf::;fa ti''and Federal Land for acquisition of the pond and i�ki ftty easements on the Park Center property. All voted in favor. Councilmember Egan statg.d„tb.e.;:App.icant agrees to continue the preliminary plat applicatii ii ::::::::: Wachter moved, Gustafson segppded, the motion to approve a resolution requesting Dakota Coufity upgtade Cliff Road between I -35E and Cliff Center. All voted in fa00r. k PRELIMINARY FLAT/OAK CLIFF 3RD ADDITION City Administrator Tom Sedges introduced the matter to the Council. Community Development Director::X)ale Runkle summarised the application. Assistant City Engineer Rik' Foertsch informed the Council that staff did not recall makieg''a commitment to the developer regarding unassesis??:::;£ilr4zsd;:obligations. Councilmember Egan referenced Tom.Colbertle letter dated March 2, 1988, to Tom Bedges. Be stated that!t3e Council alone would make those determinations. Councilmember NacfA4r noted that even if staff had made commitments, it would not be binding. 23 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, RE- ZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (PARK CENTER ADDITION) APPLICANT: FEDERAL LAND COMPANY LOCAT%ON: BE 1/4 SECTION 30 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING': NOVEMBER 22, 1988 DATE OF REPORT: BOVEMBER 15, 1988 REPORTED BY: PLANNING 6 ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted to the City for the' Park Center Addition, an office/retail complex consisting of approximately 175,000 square feet. The first application is a request to rezone 21.25 acres of AG (Agricultural) land to a Planned Development district. The second application is for a Preliminary Plat consisting of six lots to be developed in one phase. The Conditional Use Permit application is for pylon signage only. The Comprehens'i've Guide Plan designates this., area D -SII, Mixed Residential (6-12 units/acre); therefore, an Amendment will be necessary. This proposal is located north of Cliff Road and west of Cliff Lake Drive. PROJECT SCOPE: The northwest 6-10 acres of this site is currently being appraised by. the Dakota County HRA for an elderly housing project. With that in mind, the applicant has placed office buildings and a clinic in that area. If this site is chosen and developed for the elderly housing complex, only that portion of the project would change. The elderly housing would probably initially begin with 60 units and increase to potentially 120 units. The following is a detailed breakdown of each lot. Specific users have not been identified at this time: Lot 1 .99 acres 4,500 sq.ft. Class 1 (sit down,) restaurant Lot 2 9.8 acres 133,000 sq. ft.. retail strip center Lot 3 1.1 acres 6,500 sq. ft. clinic Lot 4 .95 acres ,6.,000 sq. ft. retail bldg. Lot 5 .93 acres 4,800 sq. ft. bank Lot 6 7.5 acres 2 - two story 18,000 sq. ft. office bldgs ('36,000 sq. ft.), a portion of a City storm pond. Q4 ZONING & LAND USE: Currently, this site consists primarily of open grassland, generally falling to the northwest. Mature oaks are found along the northern property line and near the pond on the western portion of the site. If the proposed grading on the north side of the pond was changed and some retaining walls were used, some of these oaks could be saved. They would be a nice amenity for either the office buildings or an elderly housing area. Site sensitive grading along the northern property line is necessary in order to preserve the landscape buffer to Rahn Park abutting to the north. Other adjacent uses are two office buildings and three single family homes to the west, Cliff Lake Center to the east, the Dakota County Court Facility, and Drivers Testing Facility on the south. SITE PLAN/CODE CONFORMANCE: Two major access points serve this site - one that was constructed with the Cliff Lake Road improvements and the other opposite the entrance to the Drivers Training Facility. A third right in/right out near the center of the site is proposed. The loop from the access on the west to the right in/right out would be a dedicated City street serving the office/elderly areas and three other lots. Six hundred sixty four parking stalls are shown on the site plan. The office area would require 202 stalls and 69 are shown with a proof of parking area for 54 more. The retail strip center shows 443 stalls and Code requires 698 spaces. The four smaller uses meet their parking requirements. The entire project provides 725 (plus or minus) spaces and Code requires 1,047 (plus or minus) spaces. This is a lot by lot breakdown: LOT NOTE: STALLS PROVIDED STALLS REQUIRED 1 43 43 2 443 698 3 45 45 4 44 40 5 27 19 6 (office) 123 (including 202 M proof area) 7 1, -050 - NOTE: The elderly housing area would require one stall enclosed and one exterior stall for each unit. Since architectural plans have not been submitted, each free standing building should be reviewed by the Advisory Planning Commission and Council before the issuance of building permits. The overall lot coverage is approximately 19%, and 30% would be permitted in a CSC (Community Shopping Center) district on a gross basis. All building and parking setbacks meet Code requirements in this Preliminary Plat proposal. 102 ENVIRONMENTALS/FIRE & POLICE: An EAW (Environmental Assessment Worksheet) will not be necessary and staff is currently in the process of determining if their governmental permits are necessary. The Fire & Police Departments are aware of these plans and staff has not received any specific comments regarding major unresolved issues. The detailed review would occur with the typical platting and building permit procedures. PARK CONCERNS/SITE AESTHETICS: The parks department has also expressed that the trees by the pond and northern property line are valuable both on and off site. Every attempt to save as many as possible should be demonstrated through careful grading plan preparation and in the field marking. The overall landscaping plan works well conceptually, however more screening of the back of the strip center from the park will be necessary. An overall sign agreement would eliminate any further undue Variances and provide a more uniform development. This has been working well with the Town Centre development. n MI0 GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan submitted as a part of this application impacts virtually 95% of the existing topography on this site. When taking into consideration the additional parking areas as identified along the northwesterly property line, the grading virtually impacts 99% of the proposed site. The proposed grading plan shows cut areas of 10' - 12'+/- in the southeasterly area of the site, in the southcentral portion of the site and in the southwesterly portion of this site. Fill areas ranging from 4' - 5'+/- in the center of this site, 14' +/- northerly of the proposed retail center and areas of 20'+/- along the easterly side of the proposed ponding area in the southwest corner of the site are proposed. Along the westerly boundary of the development, the City recently constructed the outlet to Pond AP -50 under Project 452. Pond AP - 50 is a designated ponding area in the City of Eagan's Comprehensive Storm Sewer Plan. The grading plan proposes to add additional material on top of the existing 15" outlet to Pond AP - 50. The existing outlet pipe is not of sufficient strength class to handle the additional fill which the development proposes to deposit on top of it. The details of the proposed storm sewer system within the parking lot areas and the street were not reviewed at this time but generally appears adequate. The general drainage areas as designated to Pond AP -50 and Pond AP -25 (ponding area adjacent to Cliff Lake development) are acceptable. Both ponding areas are designated in the City's Comprehensive Storm Sewer Plan to receive runoff from the proposed development. The grading plan as proposed requires the replacement of approximately 150' of 15" Class 5 RCP with 150' of a 4,000 D Load Class 15" RCP. The development is responsible for the replacement of the existing Class 5 RCP with 4000 D Load Class RCP or modifying the grading plan to provide a maximum of 22' of cover from the invert of the existing RCP to the finished grade for the outlet to Pond AP -50. The main water resource issue for this site is the impact of the development on the downstream water quality. As previously mentioned, 10.15 acres of the site will drain directly to Pond AP -25 and 11.1 acres will drain into the proposed Pond AP -50. Water flowing into Pond AP -50 is then routed to Pond AP -49 (which is in Rahn Park) and from there flows into the outflow from Pond AP -25. The Eagan Park Department has requested that Pond AP -49 be classified as a Type 3 Wildlife/Aesthetic waterbody. Historical data indicates that Pond AP -49 presently meets desired water quality standards for a Type 3 waterbody. Maintaining predevelopment phosphorous runoff to Pond AP -49, therefore, will prevent degradation of the existing water quality in the downstream waterbodies. Development of the Park Center site will increase phosphorous runoff by approximately 42 pounds per year. The model estimates that predevelopment phosphorous runoff to Pond AP -49 can be 91 maintained by constructing a wet pond volume of approximately 4 acre feet in Pond AP -50. In addition, phosphorus loadings to Pond AP -49 can be further reduced by designing the ponding areas proposed south of Cliff Road to act as nutrient detention basins also. An incomplete erosion and sediment control plan was submitted as a part of this preliminary plat application. An erosion and sediment control plan, reviewed and approved by City staff, is required before a grading permit is issued or final plat approval addressing the following additional concerns: 1. A temporary berm is recommended behind the retail center to prevent drainage from going over the proposed 2:1 fill slope. 2. The 2:1 slope as proposed is required to be a maximum slope of 3:1 with a 4:1 slope preferred. 3. The retaining wall proposed by Pond AP -50 is required to be at least V above the 100 year high water level. All slopes are required not to exceed 3:1 around the ponding area. 4. Specifications for seeding and mulching the site should be included in the plan. We recommend that all disturbed areas be seeded and mulched within two weeks after rough grading. 5. The site map should identify all ingress and egress points for the site. A rock construction entrance pad will be necessary at ingress and egress points to minimize tracking of mud by vehicles onto the existing paved surfaces. 6. Silt curtains must be properly installed before any land disturbance occurs. 7. The revegetation of all areas disturbed by utility construction must be addressed in the erosion and sediment control plan. B. Maintenance of erosion and sediment control measures should be included in the erosion and sediment control plan. 9. The company/individual responsible for maintaining and removing all erosion and sediment control practices should be included in the plan. 10. Storm sewer inlet filters will be needed around the catch basins. 11. All storm sewers outletting into waterbodies should be adequately protected to prevent scouring from occuring at the outlet. 12. Identify on the plan where topsoil will be stockpiled. Stockpile can be strategically stockpiled to prevent sediment from entering wetlands and adjacent property. 13. A site narrative should be included on the plan which shows schedule for rough grading, installing utilities, revegetating the site, building construction, curb and gutter, and blacktopping. These schedules impact erosion and sediment control requirements. UTILITIES: Trunk sanitary sewer of sufficient capacity and depth to serve this site is readily available along Cliff Road and Cliff Lake Road. Sanitary sewer lateral extensions and individual service lines are adequately proposed to service the proposed development. The details of the proposed lateral extensions were not reviewed at this time, but generally conform to City standards. Watermain service of sufficient capacity and pressure is readily available from the existing trunk water main in Cliff Road and has been stubbed to the easterly property line of the development as a part of the Cliff Lake Centre development. The development is proposing an internal utility system (water and sanitary sewer) which would provide service to all proposed platted parcels. Details of the proposed internal utility system and how it connects to the existing City system is subject to detail review at the time of the final plat. STREETS/ACCESS/CIRCULATION:Public street access has been provided to the site along its easterly boundary with the Cliff Lake Centre development. As far as the proposed accesses to Cliff Road are concerned, the County has taken a stand that they will not approve any access points along Cliff Road until a detailed traffic impact study is done for the entire Cliff Road area. Comments concerning the Cliff Road access points and the proposed internal public street will be deferred until a detailed traffic study is done along Cliff Road. (See attached letter.) Although the site plans are preliminary, the following concerns are identified relating to internal traffic circulation: 1. Driving aisles in the parking areas are required to be a minimum of 24' wide. 2. Entrances from public right-of-way and internal roadways are required to be 30' wide minimum. 3. The clinic parking lot area has no turn around area at its northerly end. 4. Minimum curb radius for the entrances are required to be 25'. 5. Except for the retail center, the other proposed site development areas are unclear as to identifying areas for delivery vehicles and trash pick up circulation. 6. There should be two lanes of approach to the drive-in bank which allows access to the south parking lot and areas for stacking. 7. The office building/clinic and bank/retail entrances should be combined. 8. The additional parking shown north of the retail center will be difficult to build (existing topo is approximately 28' lower than the proposed retail center parking lot grades). 9. A minimum 80' right-of-way is needed for a divided roadway type entrance as proposed. The site plan reviewed by the City's traffic consultant included approximately 46,500 square feet of additional shopping center/retail development more than the 86,600 square feet acknowledged in the applicant's traffic analysis. As a result, the traffic volume forecast provided by the applicant is substantially less than the traffic volume projections identified by the City's traffic consultant. In summary, the major concern with the site is access to Cliff Road. Without the access point/points identified, further 6omments relating to the site plan configuration of streets and parking areas and traffic projection revisions are premature. EASEMENTS/PERMITS/RIGHTS-OF-WAY: Sufficient right-of-way for Cliff Lake Road was provided with the development of the Cliff Lake Centre. The requirements for right-of-way along CLiff Road are subject to requirements as identified in a detailed traffic study for Cliff Road which has been requested by the County. A ponding easement will be required for Pond AP -50 to accommodate storage volume and high water elevations as identified in the City of Eagan's Comprehensive Storm Sewer Plan. All internal utility easements will be required for sanitary sewer, storm sewer and water main facilities servicing multiple properties and those which provide continuity to the City's trunk facility system. The development is required to acquire all regulatory agency permits in the appropriate time frame as required by the affected agency. PUBLIC STREET/UTILITY FINANCIAL OBLIGATIONS: A search of City special assessment records show the following pending assessments of record. PROD # DESCRIPTION RATE OTY 529 Lateral Benefit Trunk $21.60/ff 640 Water Main 452 Storm Sewer Trunk .056/sf 705,790 TOTAL PENDING ASSESSMENT OF RECORD 90 AMT $13,825 39,525 $53,348 The following financial obligations are identified in accordance with present City policies for the applicant's information and Council consideration: DESCRIPTION RATE QTY AMT Storm Sewer Trunk* $ .027/sf 849,801 $22,945 Water Availability Charge 2,015/ac 19.51 39,319 Lat6ral Benefit; Trunk 21.601/ff 1,,131.34 24,437 Water Main Cliff Lake Road (Street) 63.65,/ff 668.62 42,558 Cliff Road (Street) 111.70/ff 1,257.72 140,487 Cliff Road (Trailway) 13..00/ff 1,257.72 16,350, TOTAL PROPOSED FINANCIAL OBLIGATION $286,090 * Rate identified is difference between existing zoning rate and proposed zoning rate. All final financial obligations will be calculated based on the dimensions as shown on the final plat and in accordance with the rates, in effect at the time of the final plat approval. �1 DAKOTA COUNTY GARY No SN ECUYSENSO R R.LS. SURVEY DEPARTMENT 1471h STREET, SUITE 4300 Thomas Colbert, Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PARK CENTER Dear Mr. Colbert: (612) 431.1153 APPLE VALLEY. MINNESOTA 55124 November 3, 1988 1The Dakota County Plat Commission met on October 31, 1988, to consider the preliminary plat of PARK CENTER. Said plat is adjacent to C.S.A.H. NO. 32 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. This development will have significant impacts on C.S.A.H. NO. 32 and the adjacent driveways 'and city streets. This section of C.S.A.H. NO. 32 is not in the 5 year CIP, however, preliminary traffic studies indicate that the road will have to be built in the future as a 6 lane divided highway. County right of way guidelines for a 6 land divided highway require 100 feet of half right of way. The two access drives proposed do not meet the County spacing guidelines for the existing road. The Plat Commission would agree that this site could need access onto C.S.A.H. NO. 32. Due to the frontage length and proximity to existing streets, it may be desirous for access to be provided by development of a city street. For a divided highway, such as should probably be considered by the County and City for this segment, the County Plat Commission would recommend a full access to a public street at 1/4 mile spacing (near the west end of the property) and a right in -right out access to a public street at 1/8 mile spacing. This prospect would have ramifications on -the access allowed at Scott Trail and Cliff Drive. It also seemsappropriate to review the existing driveways on the south side of C1iff'Road with respect to development of a future public street and the location of median openings. AN EQUAL OPPORTUNRY EMPLOYER . � •t The Plat Commission believes that -.the City and _County at this time should evaluate these issues in conjunction with approval of the proposed development. The Plat Commission proposes to jointly participate in a study of this segment to develop a project to reconstruct this roadway. If recommendation from a study can be approved by both the City. and County,_, the Plat Commission will recommend approval of a plat consistent with 'those recommendations. Sincerely yours, ,7 Gary H. Stevenson \Peter Sorenson Dakota County Surveyor Traffic Engineer Plat Commission Secretary CC. pale Runtime ��-;; r Gary J. Erickson, Physical Development Director David Everds, County Engineer Martin Colon GHS:vf .�. •. .•�Y.yJ•. �!� •_• M'Yt $1•M wa—r�w._.r_.iY. _.w.�.t�.a�1' .!_..r•r � Ms _. PARK CENTER ADDITION CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, E1, F1, G1 2. A Planned Development Agreement shall be entered into for a time specified by the City Council. 3. A determination for the elderly housing site shall be made either on this site or on another location. 4. A Pylon Sign Agreement shall be entered into. 5. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 6. No rooftop mechanical equipment shall be visible from the public streets. 7. The parking along the east end of the strip center shall be removed. 8. Special emphasis will be placed on screening rear side of the strip center from Rahn Park. 9. Cross easements shall be provided for the parking lot. 10. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 11. Berming shall be provided along the public streets. 12. The development is responsible for the replacement of the existing Class 5 RCP with 4,000 D Load Class RCP or modifying the grading plan to provide a maximum of 22' of cover from the invert of the existing RCP to the finish grade for the outlet to the Pond AP -50. 13. The development is required to provide 4.0 acre feet of wet pond storage volume below the proposed normal water level for Pond AP -50. 9� 20�j I �-jU . i 1 ISO P SSE r-�P -IA-0- I9c1 a V1CiN3TY yle Sec. 34. Tana . 31. No.. 31 s vasa 15 �b 5 Preliminary Plat Ot PARK CENTER FROVERTY Drom"lON, not Part of the South 111.10 feet of the Southeast Quarter of Ne w Southes,t Quarter Of Section 30, Tn.hip 31. Range 31, Dakota County, f1lma.ots. lying north of the South 90.00 (eat thenyl. EXCEPT That pert of Ne Southeast Quarter Of the SouthSaas mercer of Section 30, Tpwahle 31, Rings 31. Dakota County. Nin..ecte, described a followsi Commeneing at the southeast corner of said Southeast quarter. Chace North 0 deer... 10 minutes 33 second. art. ..,used Hering, along the ..at lieu of ..Id South.Art Quurter. . distance Of 90.00 fa e: thence South 69 deg nes 56 minute. 69 seconds Nest, parallel with the south lis of said Southeast Quarter of the Southeast Quarter. a distance of 33.00 fast to Na actual point of beginning: thence continue South 99 degrees 56 minute. a second, west, a distance of 35.00 fa.tr thence Barth 3 degree. 19 minute, 56 seconds Neat, a distance of 111.65 feeti thence North a dalreea 55 minrte. 56 ...endo Co... . distant. of 119.13 fat: thence North ]] d.9nw. 19 minute. 37 ... Thuds net.. di.t.nce of 61.30 feet to the Intersection with • line Haring North 9 degnas 10 smuts 33 second. East from the actual point of beginning: dunes South 0 degrease 10 minutes 33 escones vest. a distance of 169.93 feet to the actual point of beginning. step That part of Outlot S. RIFF WIC CENTRE, according to the plat on fila and of record in the office of the County Mcorder, Dakota County, Ninneaota, lying Southerly of the fall wing described lino Conm.nclaq at a point on no west lin. of Said Outlot B, Ming 19n.00 feet North of the southwest corner of the Southwest quarter of Section 39, Township 21. Range 33: thence North 99 degree. S9 minutes 69 seconds Cast, Baum Tnq the west lin. of Outlot 0 Man South 0 degree. In menuces 33 seconds Heat, on the a.torly extension of the north line of tract recorded in Dec. No. 6115]], a distance of 137.11 feat to the wnterlw Tight of way lin. of Clifr Lake Road and there t. retnating. Containing 915.696 sq.fl. i 31.35101 atria Cei.ting toninq • A Agricultual VNACLL tot 1. Block 1 Wt 3. Block 1 List 3. More 1 Liar 6, a:pe6 1 LOT 1. Blore 3 List ]. Block 3 Rae B.W TO telt Dun., a' Deyelppel teak.• and COfcV Yenta Square Office It Suite 103 ]alp Washington Orlye ligan, •v. 55133 TABVLATION OF AREAS ..ROSS ARCA °O`:C!Y] C.afrMnT ARCA 65.113 sq.ft./0.99916 C. 426.919 .n.lt.n.74379 ec A6.111 .n.fa./I.I0Sn9 ac. 253.911 An.(t./5.639.5 at. 61.065 61.661 .,,.ft..10.92936 ac 16.5-6 at. 935.696 .nett:]1.35101 ac ALT AREA A171R EASE4ENT 61,065 agate. I.S6960 at. 166.916 sq.tt./6.36965 ac. 61,565 at. 196.666 •l.f1./630905 at. i w, roe. .., i'• •u.i :Str a ,-v. Fl•y ter rr� n .ml "II I I. mN ••. i. vr•e •syr.._. u"Lr rb ler N rte _i _ •Im-t n. Me, N.-':ef dAVE LAND SURVEYING 1.1.1 .—a. I . Y 1 yrq"a' Mmnrwt!!ITl 611 Y, Fl3a SWEET I OF 2 SHEE15 :� Til. -i% ��\�\�%/� 1 _��/e;; ; r�.i , Fz: ir 1.1; \I�=\j-) 'IT `. �� �; \\\�\ \\ 1 19 � `\ � /� -\ , o � \I 1 � I I + < \X Nam 11 \1A Al U. Ir -4 u couAffi "ATq Prollminor:l Pie, Of PARK CENTER ... . ..... .... ... . ... ... SHEET 2 OF 2 SHEETS y.i• .j i�L 41 II� i P -LA- W J J F'_E[D 131 %�q v/A s 6b ee:....... aw............._ si �i! � IIF iF i I ul to uu, ugFGGFGLGFFFGF a999,9 9 ..f I fill• 40 I it i• � O�I PAR6 CENTER EAGANhN Rr'I u C.!LAJL MM 32 A N, O'csk lad Ld '�\, � • , �� - �, � � � � _- \ �-moi �\� M i PnlHinary eim of PARK CENTER 0000000+� CLIFF ROAD - 1257.72 F F / y A MI ElE ,O®IAYx 1A11Y 91,VlTlxn a. . Vy SHEET 2 M 2SHEETS r 1ei : ���i• I�a � I � Ilii li��i_ T�?Pz--�. \\ \l�iL1�JJ1 1:1117 I; S�iri �I 1 ik;i 1 't � , ii_ W t LL z W ...y vi t7 iii ! r O � Q ii ��i � IL `. also, soli 1 W e ill'. ii��iiip C7 F31 ii d D i3 Y z is; i,�4,t 1! LU W 3 LU w 2 �' O H co 1 adsa;, \ of* a..a 3avi SUBJECT PARCEL FIG 01 I city of eagan STORM SEWER approved: standardplate PUBLIC EZWORKS MASTER PLAN DEPARTMAE] fI I4 [JdW; 140 . . . . . .... 9.J142 0 1 uiu UA H PAF RE 1 II 45W..?3.0 rt A24 4 443 . I F 14 9 (1 0) L IFF 148 74 M1 A 35.4/62. 55 ?1. 1 CA ILA K SCHOOL TT 14 7V Ezil! V! 7 -11 L( &27 46.7/75A MART SC 15 - 159 tHN T/ 4i QY1I ^I ARK LA' CE4A A --CEDAR W1 I COMMERCIAL CLE jiG t 5"q '0' 1 230 jr! 2 DAK07L �-;'VN451 0 N'� , Cootie" 22 P� AT 76.5/ -7 20' 5 6.4; 760 1 x N., 90.0 .-.....,SUBJECT PARCEL FIG #3 city of eaga6 WATER approved: plate 5tandard wh PUBLIC LLIff WORKS MASTER PLAN DEPARTMENT 107 RECEIVECNIr - ; 13M 1WBENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119/ EDEN PRAIRIE, MINNESOTA 55344/(612)9"-7590 November 4, 1988 M E M O R A N D U M TO: Mr. Martin Colon, Federal Land Company FROM: James A. Benshoof 4 F;; REFER TO FILE: 85-34-03 RE: Traffic Study for Proposed Park Center Development The purpose of this memorandum 15 to document the results of our traffic study for your proposed Park Center development, which is located in the northwest corner of Cliff Road and Cliff Lake Road. As requested by City staff, the two prime purposes of this traffic study have been: To develop and present forecasts for the traffic that will be generated by this development To assess whether the public roadway system will be able to adequately accommodate the development traffic TRAFFIC FORECASTS The first step in the traffic forecasting process Is to quantify the types and amount of land use in the development. As we understand. the prime development component will be a shopping center with about 86,600 sq. ft. The plan also provides five additional development parcels. We understand that prime candidates for four of the parcels are restaurant. retail, bank and clinic. The plan indicates that the fifth parcel would have an office use, though it is possible that the parcel may be developed instead with senior housing. The specific sizes of developments on these five parcels have not yet been determined. From a traffic forecasting standpoint, our approach has been to assume that each of these parcels will be developed to about the maximum density allowed under City Code parking provisions. An outcome of this assumption is that the sizes of several uses as utilized for traffic forecasting purposes are larger than illustrated in the development site plan. Specifically, for traffic forecasting purposes, it has been assumed that the development will consist of the following components: /a ? Mr. Martin Colon -2- November 4. 1988 Shoppi'ng Center - 86,600 sq. ft.. Restaurant - 4.,000 sq. ft.. Retail - 6,000 sq. ft. Bank - 4,500 sq'. ft. Office - 36,000 sq. ft. Clinic - 7,000 sq. ft. It should be noted that trip generation for the overall development li'ke'ly will be lower if senior housing is developed instead of the office component. The next step is to apply appropriate trip generation characteristics to these development statistics in order to project the number of new veh'l.cle trips that the development will add to the roadway system. These trip generation projections were developed for the p.m. peak hour, the busiest traffic ,period on the adjacent roadways, through the following three-step process: 1) Apply expected trip generation ratesl to each development component in order to predict the p.m. peak hour volumes in and out of each individual component. 2) Apply a five percent reduction factor to the sum of the values from step 1) In order to estimate the p.m. peak hour volume in and out of the entire development. The reduction factor is to account for trips between two uses in the development which would not utilize either Cliff Road or Cliff Lake Road. 31) Categorize the trip generation result from step 2') into pass by trips and new trips. The document entitled "Trip Generation," published by the Institute of.Transportation Engineers Indicates that a major phenomenon of new shopping centers is that a• significant portion of their traffic"is pass by trips:,, trips that already are on adjacent roadways and that wil"1 be Intercepted to include a stop at the new shopping -center. Based on the size of this shopping center, Figure V-1 in the "Trip Generati-on" report indicates that at least 40 percent of the shopping center trips will be pass by trips. The remaining 60 percent of the external shopping center trips are expected to be new trips that are not now traveling on adjacent roadways. Through the above process, the trip generation projections shown in Table 1 have been developed. A major ,result in Table l is that the entire Park Center development is Trip generation rates used /r 9published In "Trip Generation," Institute of Transportation Engineers, 1,987 Mr. Martin Colon -,3- November 4, 1.988 TABLE 1 TRIP GENERATION FOR PARK CENTER (P.M. PEAK HOUR) Use Size (ft.2) Shopping Center 86.,,600 Restaurant 4,000 Retail 6,000' Bank 4,500 Office 36,000 Clinic 7.000 Totals 144,100 5% Internaltrip reductlon Total net external trips Pass. by Trips (407.:) New Trips (607.) /0. Rates In out Trios -f n out 3..05 3.18 264 275 10.6 9.3 42 37 9.2, 9,.6 55 58 13.,4 13.9 60 63 0.4 .1.8 14 65 1.0 2.6 7 -1& 442 51.6 -22 -26 420 490 (364 total trips) 168 196 (546 total trips) .252'. 294 Mr..Martin Colon -4- November 4, 1988 projected trip generation is 27 percent less than the,750 trips that were assumed to be generated by this property In the Cliff Lake Galleria Traffic Study conducted for the City. The next step is to project the directional distribution of the development trips. The trip distribution percentages presented In the Cliff Lake Gallerla Traffic Study were utilized as an initial source of distribution for new trips generated by this development. Those trip distribution percentages were adjusted slightly to account for the expectations that this development, due to more local character, will attract a greater portion of trips from the west and north. The resultant expected distribution of new trips to/from this development is as follows: to/from north on Cliff Lake Road - 25% tl to/from east on Cliff Road - 50% to/from west on Cliff Road - 25% The pass by trips are expected to have a different directional distribution pattern. Based on the relationship of the development to major traffic streams, the estimated distributions of pass by trips is as follows: from east on Cliff Rd. to west on Cliff Rd. - 30% from west on Cliff Rd. to north on Cliff Lake Rd. - 20% from north on Cliff Lake Rd. to west on Cliff Rd. - 20% from west on Cliff Rd. to east on Cliff Rd. - 15% from north on Cliff Lake Rd. to east on Cliff Rd. - 15% The next step is to apply the preceding trip generation results and trip distribution percentages for.new and pass by trips, in conjunction with expected usage by driveway, to develop p.m. peak hour development traffic forecasts. The resultant forecasts are presented in Figure 1.' As indicated In Figure 1, pass by trips actually have the effect of reducing particular through volumes. IMPLICATIONS OF DEVELOPMENT TRAFFIC ON ROADWAY SYSTEM Relating to the p.m. peak hour volume projections shown in Figure 1, the implications of development traffic at key locations will be discussed next. intersection of site access drive and Cliff Lake Road. The design plans for Cliff Lake Road accounted for "'Cliff Lake Galleria Traffic Study," prepared for City of Eagan by Short -Elliott -Hendrickson, inc., October 1987, page 16 /! l 116 J -53 —► -5 `' Lzs a+ L136 y L 13 t -20 +- 721 X113 Drivers Lficense Exam Fac 111ty A N Not to 5caPe Cliff Road �- 6'� • 51 -► Note: Reductifons in certain through volumes are due to pass by (Intercepted) trips TRAFFIC STUDY FEDERAL LAND COMPANY FOR PARK CENTER DEVELOPMENT //2�— FIGURE 1 P.M. PEAK HOUR .DEVELOPMENT TRIPS Mr. Martin Colon -6- November 4, 1988 this Intersection. With two lanes for exiting traffic and a left turn lane for entering traffic, this intersection will effectively accommodate the development traffic. Intersection of Cliff Road and Cliff Lake Road. As noted in the "Cliff Lake Gallerla Traffic Study," this intersection will experience a substantial traffic increase. To accommodate this growth, a major upgrading.pfoject was undertaken, Including widening and traffic signal control. Since the net new trips generated by the proposed development are lower than the site volumes assumed in the "Cliff Lake Galleria Traffic Study," the proposed Park Center development will have less effect on traffic operations at this intersection. Number and location of access points on Cliff Road. The proposed site plan indicates that the development would have two access points on Cliff Road - full access at a location opposite from the Driver's License Exam Facility (about 1150 feet west of Cliff Lake Road) - right turn in and out only access located about 410 feet east of the full access point Given the close relationship of the above access points to the County's spacing standards and given the advantages of having a full access point also available to serve the Driver's License Exam Facility, the County Plat Commission recently approved these two proposed access points on Cliff Road. The Plat Commission expressed concern about the existing four lane undivided design of Cliff Road along the frontage of this development. in this context, they mentioned two further points: - that a need exists to upgrade this segment of Cliff Road to an ultimate six lane divided design. The segment that presently does not have a raised median is only about 1/2 mite in length (from about 600 feet east of Nicols Rd. to 600 feet east of Cliff Lake Road). - That an access permit for the right turn in and out access point will not be issued until a median is constructed on Cliff Road. We concur that upgrading of this segment of Cliff Road, including a raised median, is needed to resolve the existing 1/2 mile gap in the divided design. Such upgrading should include left turn lanes at the proposed full access point. in conjunction with the Park Center development it is expected that traffic signal control will be warranted at the full access //3 Mr. Martl+n Colon -7- point. With this design expected that Cliff Road the development traffic effects. 'November 4, 1988 and traffic control, it 1s will be able to accommodate without significant adverse An important point regarding the upgrading of Cliff Road is to coordinate, as best possible, the schedule for this upgrading together with the schedule for completion of the development. To this end, we recommend that Federal Land Company undertake a joint effort with the County and City to implement the needed improvements to Cliff Road by 1990. County staff have given a preliminary indi.catlon that some County funds Would be,evailabl,e to apply to this improvement project. 114 MEMO TO: DALE C RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 3. 1989, SUBJECT: PARK CENTER PRELIMINARY PLAT AMENDMENT TO STAFF REPORT (NOVEMBER 15, 1988) RESULTS OF ACCESS/TRAFFIC IMPACT EVALUATION At the November Planning Commission meeting, the above -referenced proposed preliminary 'plat was considered based on information submitted submitted and a staff report prepared evaluating the proposal. Subsequent to that application being considered by the Council, additional information was also requested pertaining to a study for driveway/street access onto Cliff Road and the traffic impact of this development on the Cliff Road corridor. Each of these issues is addressed in this memo as follows: STAFF REPORT AMENDMENT As a part of the Engineering, Division's review of this proposal, a detailed analysis was done on the water quality and quantity runoff from this development. While the original submittals indicated that approximately 3.5 acres of the northeast corner of the proposed Park Center Addition would be directly tributary to Pond AP -25 within the Cliff Lake Center Addition, staff indicated that there was additional capacity available to accommodate more direct surface runoff. Subsequently, continued analysis of this situation indicates that it would be better to have the, majority of the Park Center development discharge its surface water runoff into Pond AP -50 located adjacent to the west boundary of the Park Center development. Approximately 3.5 acres of direct surface runoff from Park Center could still discharge into the Cliff Lake Galleria pond (,AP -.25) but it should be minimized as much as practical. Therefore, this memo constitutes an amendment to the previous staff's report for consideration of this application. CLIFF ROAD ACCESS/TRAFFIC IMPACT EVALUATION During the review of the preliminary plat by the Dakota County Plat Commission, concerns were. expressed regarding the proposed full access on the west end and the limited right -turn only access approximately mid -point for this development. They had recommended that an access study be performed for Cliff Road between I -35E and, the Cedar Freeway. This study was completed by the City and County's joint traffic consultant, Glenn Van Wormer. An executive summary of that study and the analysis is attached to this memo. Also; the traffic engineer's review of the original application material creates some concerns regarding the traffic generation pe DALE C RUNKLE PAGE 2 from this site. These traffic volume concerns were a result of confusion over the size of the retail facility. After receiving the corrected information regarding the proper size of the development, those original concerns have been alleviated. In summary, the proposed development will not generate any traffic problems that cannot be handled by the proposed accesses to Cliff Road or Cliff Lake Drive subject to the anticipated upgrading of Cliff Road from 35-E to the Cedar Freeway. It is anticipated that Cliff Road will probably be upgraded to a 6 -lane roadway with channelization and signalization at critical intersections in the future. The timing will be depended upon the proposed development schedule of Park Cliff and other properties within the travel shed. The best projections indicate that the need for this Cliff Road improvement would be within the next 2-4 years. With the proposed full access and limited right-in/right-out from Park Center, certain concerns are raised regarding the ability to handle the anticipated turning movements from Cliff Road to the full access interchange at the westerly end of the Park Center development as well as ensuring that the limited access is restricted to right turns only. This may necessitate the upgrading of Cliff Road prior to allowing the connection of these proposed accesses. INTERNAL CIRCULATION The traffic consultant and myself have had several meetings with the' developer's traffic Engineer regarding the internal circui.ation and site plan layout. Because the proposed users have not been selected yet, the detailed design of the site plan and related circulation cannot be refined to a level of detail necessary to address all concerns. Therefore, it is more appropriate at this time to evaluate the impact of the overall development and ability of the adjacent transportation system to handle the proposed traffic volumes and to leave the internal circulation and site plan review as a part of the building permit process. As a whole, the concept layout is workable subject to minor modifications that can be addressed with the site plan review during the building permit process. SUMMARY In summary, Condition #13 of the previous staff report should be revised to reflect the potential change based on the final grading and drainage plan for this development. The revision proposed is as follows: DALE C RUNKLE PAGE 3 This development is required to provide approximately 4-6 acre feet ,of wet pond storage volume below the proposed normal water level for Pond AP -50. This development shall comply with all requirements of the County Highway Department pertaining to the proposed accesses to Cliff Road,. If any additional information or further clarification regarding these issues would be helpful, please let me know. <14 irector of Public Works ° TAC/ii n' cc: Thomas L. Hedges, City Administrator Mike Foertsch, Assistant City Engineer Attachment EXECUTIVE StRWARY CLIFF ROAD: ACCESS STUDY JANUARY 12, 1989 Prepared for City of Eagan M. SHORT-ELLIOTT-HENDRICESON, INC. Executive Summary Background Information Cliff Road currently carries a relatively high volume of traffic which is anticipated to increase rapidly with the proposed development now taking place. Currently a raised median is in place between Nicola Road and Cliff Drive. A second median is in place from I 35E to the west terminating east' of Rahn Road. A painted left turn lane -exists in both directions at Rahn.Road. Access from the; north is limited to Cliff Drive, Scott Trail, and two proposed entrances from the proposed Park Center. These entrances have not yet been approved by Dakota County. Several access points exist on the south side. A joint, driveway to the Flour Bin Restaurant and Rocky Rococo operates as a right turn only driveway near Nicola Road. A radio station driveway exists just east of the end of the median near CliffDrive;. The driver testing range has full access at its 'dri'veway. There is also a. driveway to the Auto Mall between Rahn Road and 135E. This is restricted" to right turns in and right turns out although outbound leftturn violations are noticeable. The County guidelines for spacing of access locations and median openings indicate the potential for one median opening between Rahn Road and Nicola Road. Any change would require a variance. Operational -Analysis As part of the study, development along Cliff Road was reviewed and traffic generation for each business was determined. The traffic anticipated was then placed onto the street system and turning movements constructed at each of the access points onto Cliff Road. As an, example,, there are approximately 95' eastbound left turns to Cliff Drive and 75 left turns out of Cliff Drive in the evening peak hour. This was done for existing buildings and for the proposed Park Center development. ��9 Once the volumes and distributions were complete, three different concepts were studied in detail and other concepts were reviewed in less detail. The three major concepts considered were a single median opening and full access at Scott Trail, a full access at the proposed Park Center west driveway and full accesses at both the Park Center proposed west entrance and Cliff Drive. For each option studied, the impact of diverting traffic onto adjacent intersections was considered along with the. inconvenience to individual motorists. If a single access point is provided at Scott Trail, all traffic associated with eastbound Cliff Road and the proposed Park Center would be forced to utilize the Rahn Road intersection and the access from Park Center onto Cliff Lake Drive. The volumes are heavy' enough to create operational problems on Cliff Lake, Drive in terms of northbound left turn lane storage and may result in outbound Park Center traffic delays. The concept would also force the Cliff Drive traffic to utilize one of three routes to access eastbound Cliff Road: 1) Cliff Drive to Nicola Road, 2) cut thru the shopping center and access Nicols Drive next to the Tom Thumb store, or 3) make a right turn from Cliff Drive to Cliff Road and a u -turn at Nicole Road. While diverting traffic (option 1,) from- Cliff Drive to Nicola Road will operate satisfactorily, we believe the other two options would be more heavily utilized and thus could create congestion on ,Nicola Road at the Tom Thumb entrance or operational problems within the two shopping areas. Placing a single median opening at ,the proposed Park Center entrance would create similar operating problems for the Cliff Lake Drive traffic. The only change is that Scott Trail traffic would now likely cut thru the shopping center west of Scott Trail to reach Cliff Drive and access to Nicola Road. U-turns at. Nicola Road would probably be increased. Traffic on Scott Trail thru the residential area to the north would also increase. lAU The concept of a double median opening with one median opening at Cliff Drive and the second at the proposed Park Center entrance would alleviate many of the operational problems. The traffic primarily effected would be that on Scott Trail. Commercial traffic may be rerouted to the north thru the residential area or may cut thru a shopping center to the west or make a u -turn at the Cliff Drive median opening. With the close proximity of the median opening, ,we anticipated much of the traffic would divert to either u -turns or cutting thru the adjacent center. However, residential traffic originating in the north Scott Trail area would probably use the alternate route to Nicola :Road reducing the traffic volume on Scott Trail at Cliff Road. Access from properties to the south would be better served by the two median openings. The accessto the .radio station could continue as is because of the small volume, or could be relocated to line up with Cliff Drive if the property owners wish to do this. It would be desirable to relocate because of the potential for westbound traffic to attempt to make an illegal left turn into the radio station driveway by traveling a short distance the wrong way. Implementation Implementation of the proposed recommendation is dependent upon approval from the. ,City of Eagan and. Dakota County. Extension of the median from the end of the current median near 35E to Rahn Road is desirable to provide better direction to motorists at Rahn Road and, to prevent illegal left turns from the existing Auto Mall driveway. The development of the Park Center proposal would also make it desirable to extend the median along the Park Center frontage past the easterly driveway to Cliff Road, if the driveway is approved. Left turn lane development at the proposed Park Center would also be desirable and installation of a median would define the area. Full medians should. be in place prior to any development on the south side. It therefore appears desirabl& to install medians concurrently with the development of the proposed Park Center site. The 1,Z f median extension west from I 35E to Rahn Road can be constructed earlier as part of .the widening and channelization on Rahn Road south of Cliff Road in conjunction with the Rahn -Cliff development. Ultimately CliffRoad will need to be widened to three lanes in each direction. . A design decision should be made relative to timing of the major improvement and installation of the turn lanes. It may be desirable to attempt to install permanent center- turn lanes and medians with ultimate widening on the outside. However this may be 'a difficult design depending upon existing road surface, and base considerations and drainage considerations. The ultimate widening of Cliff Road is also very dependent upon widening of the bridge at I 35E and the potential need for widening the bridges over 'Cedar Avenue. It is recommended that the City adopt the, concept of a raised median between Cedar Avenue and I 35E with openings at Nicole Road, Cliff Drive, the westerly proposed Park Center driveway and Rahn Road. This concept can be submitted to Dakota County and if they concur, implementation details can be further considered. -�E ENCINEERS:0 ARCHITECTS 8 PLANNERS j Ur LEG MEDIAN O'PE'N'IN'G L O.G.A T I O,N AD ACCESS STUDY FILE NO. 88077 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR -+-1PROM: DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 3, 1989 RE: FEBRUARY 7, 1989 CITY COUNCIL PACKET INFORMATION ITEM E - COMPREHENSIVE GUIDE PLAN AMENDMENT - PARK CENTER Staff has been working with the Dakota County Housing Authority regarding preparation of a site layout. On the seven acres, we are showing approximately an 80 -unit three story apartment with underground parking for 40 vehicles. There is some room for expansion if the additional one acre parcel to the east is purchased. The question arises as to the setback required from the retail to the residential. It would be staff's suggestion that the retail building setback be moved further east if the City acquires this additional one acre parcel. aCity staff has met with Mr. Erkkila of Westwood Planning to review tree surveys and revised landscape plans. The tree survey included all trees over 6" in size and some revised plans have been drawn to save as many trees as possible. This is a detailed item and if, in fact, the Council elects to rezone the property, this detail can then be worked out as to the best site plan which will mitigate the grading and impacts on park property to the north. In reviewing the timing for acquisition of property for the HRA, I have contacted Mr. Mark Ulfers. The time frame to acquire the property is as follows: The City received the funds to acquire a senior housing site in April 1988. It is my understanding the City has through April 1990 to acquire this elderly senior site, leaving a little over a year before funds would be forfeited or problems arise with acquisition of this site. From time of acquisition, the City then has approximately two years before construction or housing should begin. This step of the process has not even been thought of as to the type of construction that will occur; this will begin upon site acquisition. Hopefully, this updates you on the timing and scheduling for the Park Center senior site. Enclosed is a schematic indicating how a building could fit on this site, knowing we have capabilities of placing an 80 -unit facility on this site with possible expansion if the City elects to acquire or meet with the senior housing committee, or City Council committee, to begin the site design process. If you desire additional information, please feel free to contact me. DCR/js --� {t CAM CTAIL Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/STRYKER ADDITION B. Preliminary Plat for Stryker Addition Consisting of Two Lots on 3.68 CSC Zoned Acres --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 27, 1989 to consider a preliminary plat consisting of two (2) lots 3.88 CSC zoned acres with existing buildings located along Rahn Road in Beau D'Rue Drive. The APC is recommending approval. This item was first heard by the Advisory Planning Commission at their May meeting and continued until the June meeting requesting specific information. The item was to be considered at the July 5 City Council meeting, but continued at the request of the developer until the August 1 meeting. For a copy of a report prepared by the Department of Community Development dated May 17 and an up ate to the report dated June 22, ,refer to pages /z7 through . Park Dedication requirements were fulfilled with the original platting of the property. For a copy of the action that was taken by the Advisory Planning Commission at both their May23 and June 27 mp9tings, refer to those minutes found on pages through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Stryker Addition consisting of two (2) lots on 3.88 CSC zoned acres with existing buildings to be located at the South intersection of Beau D'Rue Drive and Rahn Road. /74 MEMO TO: ADVISORY PLANNING COM ALL ADVISORY PLANNING FROM: JIM STURM� CITY PLANNER DATE: JUNE 22� 1989 SUBJECT: STRYKER ADDITION CHAIRMAN MYM PAWLENTY ION MEMBERS At the May Advisory Planning Commission meeting, this item was continued and staff was directed to observe the site conditions and note items that do not meet City standards. These items are listed below and the original staff report has been attached for your review. . 1) The parking lot does not have a 2,0' setback along the public streets. In some areas, especially •along Rahn Road, it encroaches into the right-of-way. It does not have concrete curb and needs new striping,. a 2) Additional plant material for screening the parking area would be desirable,, especially along•Rahn Road. However, it is not current City policy to allow planting within the right-of-way. Also, there are overhead electrical wires in this area; only understory trees and shrubs could be planted'. 3') 'The trash containers are not enclosed. They should be enclosed in a structure attached to the building and constructed of the same materials as the building•. (This is very noticeable on the liquor store lot.) 4) The liquor store lot is in need of•a general cleanup. Mowing_, shrub trimming, and parking lot sweeping should�be done•on a regular•basis. From an aesthetic standpoint, the area in most need of attention• is the liquor store lot.. The retail building, while technically not meeting setback and curbing requirements, is in good general condition. City Planner Attachment JS/mg /z 7 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (STRYKER ADDITION) APPLICANT: D C R COMPANY LOCATION: NE 1/4 OF SECTION 19 EXISTING BONING: COC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: MAY 23, 1989 DATE OF REPORT: MAY 17, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY In application has been submitted requesting a Preliminary Plat for the Stryker Addition, consisting of two lots on 3.8 acres located along Rahn Road and Beau De Rue Drive. These lots contain the Big Top Liquor Store and the Cedarvale Highlands building that were constructed in the early 1970's and have commercial uses on the street level and apartments above them. The original goal of the applicant was to split off the liquor store area so it could be sold as an individual tax parcel. Before the county would authorize the split of the existing parcel, the City would have to either require platting or approve the waiver of plat process. Staff recommended platting since the liquor store lot has been developed to its maximum potential. However, upon further review and with legal counsel agreement, staff is recommending that only the liquor store lot be platted at this time and that a new meets -and -bounds survey be submitted for the remaining area. This will separate the ownership of the liquor store from the partnership that controls the residential/commercial building. Since the land use is not changing and no expansion or site modifications are proposed, no site improvements have been requested. However, at the time changes are proposed, the City would look to upgrade the site conditions and bring the area up to current code requirements. IZ 9 CONDITIONS 1.) All applicable standard plat conditions shall be adhered to. 2) A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3) Cross ingress/egress and parking easements shall be submitted with the final plat. A /3d LOCATION ZONING GUIDE- PLAN /3 a/eie•tvr Aom of: STRYKER ADDITION wtrr M epYe eVMWY ee�WCl N\*'r IL ftl N � TOTAL RAT AREA : 1••.O•• •O.ft. 1 2.992 nn.. Let • bee : 99.640 •WFL 10.646 a .0 pe01ee1M eee0 MM •T.•Oe eaFL 10.964 Send wtrr M epYe eVMWY ee�WCl Z _ STORM SEWER LATERA L_- Lum? SLM 1 : .hw i� TOTAL 010T AREA 1 200.00E §a.lL 1 0.00E 00106 1 l01 1 A a : ND10 §11.11L (2.102 0IMI) Lot 2 400: 1111.000 §all 40.040 00a01 DEalo ol11E 1b00 §m : ETJOO §ail IOJ11E 001001 pra& my Pw of: STRYKER ADDITION w1w1 N arorr auror0tiw0 14 moms SANITAR%l SEWER LATERAL — Z(o8 F.F. � WATER LATERAL — LUMP SUM L :e �J Y� I! 1ti�n �J TOTAL PLAT Olo[s t 160 -COB 941.ml. ( O.00m owes ) LY I 1 : OO.eeO "Fl. I2.122 meemm) Ln a Jams : 96.640 SAM lO.msm seem.) Deal- loess lone : ST.M "PL IOlmm .em) Probe& y PW or: STRYKER ADDITION mMYw mVM M 4 TOTAL FLAT AREA 169.098 110.71. 1 9.11011 0IM98 to , A,,,e :OLD" lWLVL 111.1112 11nM1 Lot 2 Ama : 26.849 BAPI. 40.846 4W10S) D,dlcmWd Mod WIT : 9T.284 ftfflL 40A84 A l Prokr*mwy Pw of. STRYKER ADDITION STORM SEWER -MuAV, UPGRADE 3.03 ACRES •b� L GAN ASIDEIL A—d % :y \:5.4 :•A-1 ip..F:':e�ieiii'• ,y 795.5 a i' •m '` �^ 1 -y, �i,)f —���•.�ECAR.�� i ;i .i 1 } ,_, t.•.. - , l%�^H SIT ' :uwr'!L -`: 1 SAA!' B> -�_a`'T�• --T—_ -� NIuH a 8760c'�l £. iR44 T! },.; '.: ..... SUBJECT PARCEL FIGO 1 city of eaga6 STORM SEWER approved: standard PUBLIC plate •: WORKS MASTER PLAN DEPARTME /36 r- ri. ! j Inte�c,epto ' • X411 y _ J,�i. i At imsvllle '=• ' �� '.aLL 5 terceptor `. ;� L 6611 10 N � 12W 2! EENT city of eagah PUBLIC , WORKS DEPARTME SUBJECT PARCEL FIG*2 SANITARY SEWER approved: plate tand0: MASTER PLAN 07 city of gaol PUBLIC LWWORKS DEPART 'i~•`}h`N`: •,: SUBJECT PARCEL WATER MASTER PLAN FIG * 3 approved: Standard plate 0: V. S 1�1A 1� t V�r.�r.rr TOTAL FLAT A11[A : 168.090 56.F1. ( /./1! Mae$ 1 NI 1 AMA 1 VLO" M.FL I2.1a2 A ) LAI ! M•• : $9.848 taFL 10.040 Aswl Mok-bo ll••! NO : ST -204 MYL to -884 FM pmkrily) Plot of: STRYKER ADDITION a..=Tr WATER 'TRUNK / waTER AVAAL Rs«t-Tj C%NRGE FOR a. is ACRES aqY . DATEMay 19, 1989' MEMO TO:'JIM STURM, CITY PLANNER FROM: GERALD R WOBSCHALL, CPA FINANCIAL CONSULTANT SUBJECT.:FINANCIAL OBLIGATION STUDY STRYKER ADDITION THE PROPERTIES UNDER CON IN THE FOLLOWING MANNER: IMPROVEMENT SANITARY SEWER TRUNK WATERTRUNK WATER AVAILABILITY CHARGE ;!STORM SEWER TRUNK RAHN ROAD BEAU DE RUE DR LATERAL BENEFIT WATER TRUNK STORM SEWER LATERAL FOR THIS PLAT HAVE BEEN CHARGED PROJECT# USAGE 4 LEVEL 112A LEVEL 112A CI 24A MF 2 COST 139A CI 24'A CI 139A PARTIAL THE CITY IS AWAITING COLLECTION FOR THE FOLLOWING IMPROVEMENTS: IMPROVEMENT NONE FINANCIAL OBLIGATION PROJ USE RATE QUANTITY AMOUNT' $' O BASED UPON THE 'STUDY OF THE FINANCIAL OBLIGATIONS COLLECTED IN THE PAST AND THE USES PROPOSED FOR THE PROPERTY THE FOLLOWING CHARGES ARE PROPOSED. THE CHARGES ARE COMPUTED USING THE CITY'S EXISTING FEE SCHEDULE AND CONNECTIONS PROPOSED TO BE MADE TO THE CITY'S UTILSTY SYSTEM BASED ON THE SUBMITTED.PLANS. IMPROVEMENT PROD USE RATE STORM SEWER TRUNK.UPGRADE 24A CI .013/SF STORM SEWER LATERAL 139A 16.94/FF TOTAL /�o QUANTITY AMOUNT 36846 SF $ 479 173 FF. 2932 $3411 CC:E. J. VANOVERBERE CPA FINANCE DIRECTOR /r. P R oPosE o C F+ o P4'G E J I v f o rr o% e!t wt r !a sir r. / 17 3 %�. 5 YIa 9 3 Z7 0 f;eMv7 Floc Of: STRYKER ADDITION r r..rr rxr w. r u rr.r..rr � �SI{�O '.:..a:wva• w.M.e F .^-e'er er... ey! �l _1- .IT M � TOTAL PLATA: TM.M0 00.01. 1 LM! *"05 t "AM: LM T MAY gan. Mist I Lel t An0 : 28.040 OLn. 10.446 Mreet r r� Oodl MM 0ee0 0M : 0T.1M 00n. 10.064 Mree1 �SI{�O '.:..a:wva• w.M.e F .^-e'er er... ey! r V 0 7-3 J J j e H Ile 7 O vs to k fee 1300 loo j Page 7/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES May 23, 1989 D.C.R. COMPANY - STRYKER ADDITION Chairman Pawlenty convened the public hearing regarding a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19. City Planner Jim Sturm introduced the application to the Commission. City Attorney Mike Dougherty informed the Commission that the property was divided north and south and owned by separate entities. He stated the platting ramifications had not fully been investigated and that staff would work with the developer prior to the Council review. Dave Grannis (attorney for applicant) reported there was no need for a cross parking easement, that only ingress and egress easements were necessary. Mr. Sturm agreed. Commissionmember Miller suggested the addition of a condition requiring the applicant to meet current standards. Mr. Dougherty stated it was a clean-up process. Chairman Pawlenty asked if expansion would ever occur. Commissionmember Miller stated the City should take advantage of the opportunity. Mr. Sturm stated a condition could be added to require an upgrade if the use changed. Commissionmember Trygg commented that the new owner would then bear the expense. Chairman Pawlenty asked what type of changes would be needed. Mr. Sturm responded curb, gutterandlandscaping would be required. Commissionmember Miller suggested continuing the matter to allow the developer to propose changes that were feasible. Mr. Grannis pointed out that the property was presently developed and that space was limited. He further stated the developer was willing to listen to alternatives but had no suggestions. He reported there was no objection to a continuance to the next meeting to allow the developer to work with the staff. Commissionmember Voracek was in favor of a continuance. Commissionmember Gorman asked if only the liquor store could have additional conditions. Mr. Sturm responded that staff would investigate the matter. There was further discussion regarding platting versus waiver of plat. Voracek moved, Gorman seconded, the motion to close the public hearing and to continue to the June 27, 1989, Advisory Planning Commission meeting a preliminary plat request consisting of 'two lots on 3.88 Community Shopping Center zoned acres with existing builoings located at the south intersection of Beau D'Rue Drive and Rahn Road /4 Page 8/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES May 23, 1989 in the northeast quarter of Section 19, as requested by D.C.R. Company for the Stryker Addition, to allow further investigation by the developer and staff regarding the plat conditions. All voted in favor. CONDITIONAL USE PERMIT - XAVIER'S RESTAURANT Chairman Pawlenty announced that the motion previously approved at the meeting should be amended to state "Malt liquor and wine". Miller moved, Trygg seconded, the motion to reconsider the motion regarding a conditional use permit to allow on -sale beer and wine for Xavier's Restaurant. All voted in favor. Miller moved, Trygg seconded, the motion to approve a conditional use permit to allow on -sale malt liquor and wine in a Community Shopping Center/Planned Development district located on Lot 3, Block 1, Town Centre 100 Sixth Addition at the southeast corner of Town Centre Drive and Denmark Avenue in the northwest quarter of Section 15. All voted in favor. PLANNED DEVELOPMENT AGREEMENT - ROBERT AND GRACE O'NEIL Community Development Director Dale Runkle updated the Commission regarding the Planned Development amendment. He stated the ordinance was being reviewed at the staff level and should be near completion in thirty days. He pointed out that the Metropolitan Council would be involved. Chairman Pawlenty asked how long the Metropolitan Council process would take. Mr. Runkle responded a minimum of 90 days. Carl Olson (Lenz Company) had concerns regarding accessibility to his 10 acres. Mr. Runkle informed him an access would be provideo to his land. Chairman Pawlenty requested a clarification of the freeway zoning proposal. Mr. Runkle stated that it would affect the undeveloped property. ADJOURNMENT Miller moved, Gorman seconded, the motion to adjourn the meeting of the May 23, 1989, Advisory Planning Commission at 9:00 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 27, 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 27, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Trygg, Graves, Merkley, Gorman and Hoeft. Also present were Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney Mike Dougherty. AGENDA Chairman Pawlenty informed the Commission that Item E. under New Business of the agenda (Poppler Homestead No. 2 - Lawrence Poppler) would be continued at the applicant's request. Trygg moved, Merkley seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES May 23, 1989. Chairman Pawlenty requested a correction on page 5, the last sentence on the page should read "Mr. Kyllo stated it was a private preserve." Voracek moved, Trygg seconded, the motion to approve the May 23, 1989 Advisory Planning Commission minutes as amended. All voted in favor. STRYKER ADDITION - D C R COMPANY Chairman Pawlenty opened the first public hearing for the evening regarding a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19. City Planner Jim Sturm summarized the application and the background for the Commission. The applicant was represented by its attorney, Mr. Grannis. Commissionmember Voracek pointed out that the staff report was generously worded. He stated the curbing was movable and felt that the lot needed resurfacing. He also pointed out that the weeds should be killed, that the shrubs were growing wild and that some were dead, and that grass should be planted. l/EAGAN ADVISORY PLANNING June 27, 1989 Chairman Pawlenty stated it was a good opportunity for the City to act. He stated the setback could be an exception and questioned if it was a hardship. Commissionmember Voracek remarked the parking surface should be brought back into the property line and out of the right-of-way. Commissionmember Merkley reported that the parking is not very abundant in that area. Chairman Pawlenty stated the Commission could approve the application with conditions. He questioned how the City could enforce the permit on an on-going basis. City Planner Jim Sturm explained the City's procedure for monitoring compliance. Attorney Grannis stated that the City already had ordinances to cover the conditions. He reported that the liquor store was subject to a long term lease and that the owner did not have control but rather the tenant did. He objected to the discussed conditions. He stated the ground was fully developed. Commissionmember Merkley responded that the owner should have control over its tenants. Commissionmember Graves commented that the property should look decent. Chairman Pawlenty reported that the objections of the developer were noted. Commissionmember Hoeft asked how the cross parking easement would work on the site. Mr. Sturm explained. Voracek moved, Hoeft seconded, the motion to close the public hearing and approve a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19 (Stryker Addition), as requested by D C R Company, subject to the following conditions: 1. All applicable standard plat conditions shall be adhered to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress/egress and parking easements shall be submitted with the final plat. 4. The parking lot shall have a 20 foot setback along the public streets and shall be resurfaced and striped and shall have concrete curbs. 5. The current overgrown shrubbery shall be trimmed, removed or replaced. Understory trees and shrubs should be planted to screen the parking area. /� 1 Page 3/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES June 27, 1989 6. The trash containers should be enclosed in a structure attached to the building and constructed of similar materials as the building. The back wall and the air conditioning units should be covered and the ice cooler should be removed. 7. The liquor store lot should be cleaned, the weeds removed and it should be either seeded or sodded. B. The adjoining parking lot should be resurfaced and striped. All voted in favor. Attorney Grannis requested specific standards for the requirements. Chairman Pawlenty informed Mr. Grannis that staff would provide the standards. DUCKWOOD CROSSINGS, INC. - DUCKWOOD CROSSINGS Chairman Pawlenty convened the next public hearing regarding a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business, a Planned Development amendment to specify uses for Lots 2, 3, and 4 of the Pondview Planned Development Agreement, a preliminary plat consisting of three lots on 5.1 Planned Development zoned acres, a conditional use permit for a pylon sign and motor fuel sales and variances for parking lot setbacks located along the west side of Pilot Knob Road, south of Duckwood Drive in the east half of Section 16. City Planner Jim Sturm briefed the Commission regarding the applications and stated that a light grey brick was proposed. Mike Kesack (Coldwell Banker) introduced the representatives for Duckwood Crossings and informed the Commission they were available for questions. Commissionmember Voracek asked for the parking requirements and also if cross easements were necessary. City Planner Jim Sturm responded that a condition should be added regarding cross easements. Commissionmember Trygg asked if the request was to amend the Comprehensive Guide Plan to General Business. Mr. Sturm responded the request was to amend the Planned Development Agreement. Trygg stated there was no need to change the agreement to include motor fuel stations as she did not support the proposal. Chairman Pawlenty stated that the Comprehensive Guide Plan should not be changed. City Attorney Mike Dougherty pointed out that the Comprehensive Guide Plan should be amended to reflect General Business uses. There was further discussion regarding the Comprehensive Guide Plan. lyb Agenda Information Memo August 1, 1989 City Council Meeting SENECA WASTEWATER TREATMENT PLANT/BETTY BASSETT C. Request by Betty Bassett to Further Discuss Seneca Wastewater Treatment Plant --Betty Bassett has requested time on the City Council Agenda under Old Business to present concerns regarding the Seneca Plant expansion to the City Council. Enclosed on page LSD is a copy of her letter making this request. Kristy Marnin, Planner I in the Department of Community Development, has been acting as a Committee Chair for the Seneca Odor Control Advisory Group. This Committee has been meeting on a regular monthly basis since the City Council adopted the Seneca Plant Development Agreement which established the Commission since February of this ye Kristy as prepared a memo, copy is enclosed on pages -through /5(o, that addresses problems the Committee is experiencing in establishing a specific direction and ^focus. The Seneca Plant Development Agreement provides a forum for •informational exchanges regarding the plant expansion, operations and odor issues. As Kristy states in her memo, the Committee has attempted through its own interest to expand discussions topics beyond the established forum adopted by the agreement. Also discussed in the attached memo is a response to the issues raised in Betty Bassett's letter. Since this is not an action item but addresses a development agreement that is a matter of record between the City and the MWCC, it is suggested that the presentation be limited to the five (5) points raised in Ms. Bassett's letter. Kristy's letter will be shared by Ms. Bassett prior to the meeting, and if her concerns are resolved, this item will be removed or reduced to the number of issues that are of concern to Ms. Bassett. There is no action required in this item. 14/ auiy,lY, 1YcY City of Eagan, We wish to be placed on the City Council Agenda under old business on August 1, 1989. Our concern is the Seneca plant. The plans for the lift -station acid the metering station have been cut back because the bids were too high. The chemicals whichwere being put in the pipeline are not being put in because a drill broke. Last week our neighborhood stunk. Who is watching- the MWCC to protect/ the residents of Eagan? Last'week the neighbors received a letter from Minn. Public radio, informing us they have an option on the Peterson land to build four radio towers. The site plan showed most of the scenic F easement being -used by them. A closer readint of the scenic easement shows that by agreement the city and the MWCC can at any time vacate the easement for any purpose. What kind of protection is this ror hiss' In the agreements with the ci-ty.one of the statements whic}r pleased the neighbore,was was that the sludge being brought in from Blue Lake would be reduced after the new plant was built.. This we assumed would reduce the smell of burning sludge, however, it seems that Blue Lake sludge will be reduced because the plant will be accepting the sewer waste from the new Bloomington Mega Mall. Across the river,they are already 'laying new sewer pipes to bring their sludge to Eagan. It~ seems Blue Lake sludge will be cut back, because the new plant will be operating at capacity with the Bloomington sludge.. The neighbors wells are being affected by the dewatering 9 �Uwells put in for the construction of Senaca. There will be uaeermanent dewatering wells after Seneca is built. The DNR has to o to the legislature to get permission to exceed the diversion and consumption in excess of 2,.000,000 gallons of water per day average in a 30 day period -This is Eagan groundwater,0urPipes are at times sucking air. 16'0 /3e,1lz�__`" TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: July 25, 1989 SUBJECT: Seneca Odor Control Advisory Committee August 1, 1989 City Council Agenda (Request by Betty Bassett) The Seneca Odor Control Advisory Committee, consisting of area residents, Metropolitan Waste Control Commission (MWCC) representatives and City of Eagan representatives, has been meeting monthly since February 1989. This committee was established under the Seneca Plant Development Agreement to provide a forum for informational exchanges regarding the plant expansion, operations and odor issues. At times, this committee has been less than constructive. In my opinion, there are several factors which create conflict in this committee, including the following. Long history (15± years) of disputes between the residents in the neighborhood of the Seneca Plant and the MWCC. Past problems have tended to permeate present issues. * No tangible powers for the committee. The area residents have frequently expressed frustration with their lack of authority to directly influence plant expansion activities and plant operations. * Complexity of the expansion project and plant operations. The expansion project involves many components, ranging from platting, to grading, to construction, to sludge management, to odor control. The variety of activities taking place, and the inter -relationships of these activities, often makes it difficult to sort out the actual issues of concern to those involved with the committee. * Numerous agencies, including the City, MWCC, Dakota County, MN Department of Natural Resources (DNR), and MN Pollution Control Agency (MPGA), are involved with the Seneca Plant expansion and operations. Various required permits and regulations are individually administered by these different agencies. However, representatives from each of these organizations have not been available to attend the committee meetings. Also, the City does not have a full-time representative with the background to evaluate the technical environmental science issues involved in this project. 1461 Tom Hedges July 25, 1989 Page Two * Regional nature of the project. The Seneca Plant receives and treats wastewater from Eagan, Bloomington, Burnsville, and parts of other adjacent communities. However, the plant itself is physically located within Eagan. This situation has often lead to a feeling of "why should 'we' treat 'their' sewage". At the most recent committee meeting, several issues were raised which Betty Bassett, area resident, has requested for discussion before the City Council. Ms. Bassett submitted her request for placement on the August 1, 1989, City Council agenda to City administration on July 20, 1989. Ms. Bassett has also discussed this request with me. Five main issues were noted in Ms. Bassett's letter. To provide additional background information, following is a description of discussions at committee meetings and between Ms. Bassett and me regarding these issues as noted in this letter. 1) Cut back in plans for the Nichols Road lift and meter stations because of MWCC budget constraints. (first sentence, second paragraph). Apparently, the original plan for improvements to the Nichols Road lift and meter stations called for an expansion of the building along with installation of odor control equipment. At the June 14, 1989, committee meeting, Harold Voth (MWCC staff) indicated that this project was re -designed to eliminate the expansion plans because the odor control equipment will fit within the existing meter station structure. At the July 12, 1989, committee meeting, Ms. Bassett questioned the motive for this change in plans for the improvements to the Nichols Road lift and meter stations. Mr. Voth indicated that because of MWCC budget constraints and rules, the MWCC had to re-evaluate the original improvement plans. Mr. Voth indicated that the alternative plan which will allow installation of the odor control equipment in the existing meter station structure (without expansion) will be as effective as the original plan and will allow the MWCC to meet the completion deadline (specified in the development agreement). Ms. Bassett indicated to me that she feels that, by this change in plans for the Nichols Road lift and meter stations improvements, the MWCC is reneging on the development agreement. �7Y Tom Hedges July 25, 1989 Page Three On review of the development agreement, I noted that Section 3.2(c) refers to improvements to the Nichols Road lift and meter stations. This section reads as follows: "As soon as possible, but no later that October 1, 1989, MWCC shall design, construct or otherwise provide and make fully operational necessary additional odor control equipment for the Nichols Road pump and meter stations." It appears that the development agreement does not specify the method for improvements to the Nichols Road lift and meter stations; rather, the agreement generally requires that improvements related to odor control be made to the lift and meter stations. It may be beneficial to have the City Attorney review this matter for an official interpretation. 2) Stop of the injection of chemicals into the lines at the meter station because of a broken pump. (second sentence, second paragraph). Karla Eggink (MWCC staff) had been operating a chemical test feed program for odor control. This program involves the injection of sodium hypochlorite upstream from the meter station. At the July 14, 1989, committee meeting, Ms. Eggink indicated that she was not currently injecting the chemical because the shaft inside the pump she uses to put the chemicals into the line had broken. Ms. Eggink also noted that she was putting together the substantiation for continuing this chemical test feed program. My understanding (subject to individual interpretation) of the discussion that took place at the committee meeting was that the MWCC intends to continue this chemical test feed program for odor control (provided that it proves effective), and that it was not currently being run simply because of equipment breakdown. I am unsure of the requirements for this specific odor control measure (if any) under the development agreement. 3) Scenic easement - lack of protection for the neighbors. (third paragraph). Minnesota Public Radio (MPR) representatives have approached City staff regarding placement of radio antenna towers within the Seneca Plant Scenic Easement and surrounding property (not within the easement). MPR has a copy of the signed scenic easement agreement, and City staff has indicated to MPR that no excavation, motorized vehicles or cutting/harvesting of trees or other vegetation (i.e. basically no construction of /I�3 Tom Hedges July 25, 1989 Page Four any type) is allowed within the scenic easement without City Council approval. MPR has also been informed that a conditional use permit and variance approval would also be necessary. To date, MPR has not applied for any type of approval for installation of the radio antenna towers. The committee has been informed of the above. However, it is my impression from speaking with Ms. Bassett that the neighbors have the impression that location of the MPR radio towers in the scenic easement is a "done deal". 4) Receiving of wastewater from the Bloomington Megamall. (fourth paragraph). on several occasions, Ms. Bassett has discussed her concern with the Seneca Plant receiving wastewater and sludge (generated by treatment of wastewater) from Bloomington. Section 3.3 of the development agreement deals with sludge management. Specifically, Section 3.3(c) reads as follows: "To the extent of the MWCC's authority under law or regulation, the sludge incineration capacity at the Seneca plant shall not be increased except to accommodate sludge generated from the Seneca plant and provided that only sludge generated at the Seneca plant is being incinerated at the Seneca plant." Apparently, sludge from the Blue Lake plant is currently trucked to the Seneca Plant for incineration. MWCC staff has indicated at committee meetings that one reason for this is that sludge incineration is more efficient when the incinerator is operated at a level closer to capacity. Currently, sludge generated at the Seneca Plant is not at the capacity of the sludge incinerator, so Blue Lake sludge is brought in to make up the difference. As the communities which are served by the Seneca Plant (and for which the Seneca Plant was constructed) grow, the amount of wastewater received by the Seneca Plant increases. As the amount of wastewater received increases, the amount of sludge generated at the Seneca Plant increases. Consequently, less and less sludge from Blue Lake will be brought to the Seneca Plant. Section 3.3(c) of the development agreement indicates that the sludge incineration capacity can only be increased to accommodate sludge generated at the Seneca Plant (i.e. the sludge incineration capacity cannot be increased to accommodate sludge from Blue Lake or other plants). 14/ Tom Hedges July 25, 1989 Page Five However, Ms. Bassett has expressed concern over the increase in sludge generated at the Seneca Plant because of wastewater which will be generated by the Mall of America (Megamall) development in Bloomington. Ms. Bassett has been informed that the Seneca Plant has (since its beginning) and will continue to serve the wastewater treatment needs of not only Eagan, but also Bloomington, Burnsville, and parts of other surrounding communities. 5) Effects of dewatering activities on the area residents' wells. (fifth paragraph). At the July 12, 1989, committee meeting, Ms. Bassett indicated that she and the Istads (area residents) have been having severe problems with their wells ranging from the well motors running continuously for several days to the well not bringing up water. Also, two tests of the water from the area residents' wells have been conducted. The results of the first test indicated that two wells did have some pollution; however, the source of this pollution has not been determined. The results of the second test were not yet available at the July committee meeting. Ron Spong, Dakota County Public Health Department, attended the July committee meeting. He provided some insight into the complexities of well water/groundwater testing and pollution. No conclusive information was provided to indicate the cause of the well problems or the source of the groundwater pollution. It should also be noted that dewatering is an activity common to many construction projects. Ms. Bassett requested that I prepare a verbatim transcript from the July 12, 1989, committee meeting for the discussions which took place regarding issues 1 and 2 above. Ms. Bassett also requested that copies of this transcript be provided to each of the City Council members. I informed Ms. Bassett that I would be unable to provide this transcript; however, I would prepare minutes of this meeting in the usual form (summary) for distribution to the City Council members prior to the August 1, 1989 City Council meeting. In addition, I informed Ms. Bassett that she was welcome to listen to the tape recording of the July committee meeting and take notes for her own use. Ms. Bassett came to City Hall and recorded her own copy of the portions relating to issues 1 and 2 above from the tape made at the July committee meeting. /5-,05" Tom Hedges July 25, 1989 Page Six I am preparing the minutes from the July 12, 1989, committee meeting and intend to have these available for distribution with the City Council packet on Friday, July 28, 1989. The Seneca Plant expansion project involves many complex issues. I would appreciate any ideas which may help,in the administration of this project and the odor control advisory committee. If you have any questions regarding the information provided in this+mem0., or would like additional clarification, please advise. Cc': Dale Runkle Jim Sturm Agenda Information Memo August 1, 1989 City Council Meeting SPECIAL USE PERMIT/RELIANCE REAL ESTATE FOR TEMPORARY ADVERTISING SIGN A. Special Use Permit, Reliance Real Estate, Temporary Advertising Sign Located South of Highway 13 in the General Area of Silver Bell Road --Two (2) separate applications have been submitted by Reliance Real Estate requesting special use permits to allow temporary advertising signs. The City Council may wish to consider -both Items A and B of New Business together for discussion purposes. The sign is a Real Estate For Sale sign located upon the premises. For additional information on this item, refer to a report pre a d by the Community Development Department enclosed on pages through T. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Reliance Real Estate for a temporary advertising sign located at the Northeast h of Section 19. /57 CITY OF EAGAN SUBJECT: SPECIAL USE PERMIT APPLICANT: RELIANCE REAL ESTATE LOCATION: 10-01900-011-02F SECTION 19 LOCATED NORTH AND SOUTH OF HIGHWAY 13 EXISTING ZONING: I1 - LIMITED INDUSTRIAL DATE OF PUBLIC HEARING: AUGUST 1, 1989 DATE OF REPORT: JULY 25, 1969 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY Separate applications have been submitted by Reliance Real Estate requesting two Special Use Permits to allow two temporary advertising signs. The signs are real estate for -sale signs located upon the premises for sale. Special Use Permits are required for signs over seven feet in height. The proposed sign height is 10' for each of the signs. The 8' x 8' (64 square foot) signs meet the 100 square foot maximum allowed by City Code. CONDITIONS 1. The signs shall be subject to a one-time sign permit fee of $2.50 per square foot. 2. Both signs shall meet setback requirements. 3. The temporary advertising, signs shall be permitted for one year from the date of approval. ^� 0 4 v 4Is o y fit) "�•'' \ a•« 4. 9 (et fed �\ .f°' `' [��� 1.1• ', 1pt. „ DEV F ro P e' r w r. 0e 1.,•• • b«dvn � 1t + �{• �• � ,171 •'� ,d I 11 i •e iu 2ND ts I i ° 4 y Q 00 1+ a i a, J If i/ �. , '• .•• ' p.1e09°S+ps 1. Cool/ .O. ThO, T- d t \ •It �t •✓1 t,, 1•a /J6, a, ' /.�r�/ere-71 kanneely ! v ` c`,1, 4s Y': °S•� i Ae. °t°_,a". 4.1b __ [•iAarl 1 !/aw • a o • i" \�o; ° k 't,•i�•'� t rig .; " ►. {i'" A` F rer, nf.rt 2: I I 0 O C �r1 K , " ({t. n•H • d ry r.• moi. •r Ki.wii/ ,}• `at.,.: .: 15 bd" �,•.�-Al.e tot �!e71-� °le.ry 06-1f °,J-�+ oeo-7P t •yapna rltl. a,fef+e't 0. l,_ a/avI! /Ia• IO.,O I.ae +La .�._...1�':�.. �,.:. — — _ •l.: -- "----iia'-----'-v a --------------- t�ttt--------� t`•T71S•PN:M...... r: r}i}}}}r}7r}'rr}:•r'r:v}:4:•r:4' \ �. f•�S�jrl.` i l LOT I i J lit BLOCK 1 ! :•: :•::•bH:"::;•::.;•::::::: P`/' ........ --------------------------- Lit lei � % ..cam •.�1e. 'I I ` 10% `` °i•,�,�;, + 'OUTLOT m.r �� O �• t JAI ID\ z !t ��cNPSc P° Q ``` O)•vo / °+• \ EDA°RVAL . 05 Arrr OR Q Q , :: 41 0 •1:::::::: �IV NN• t o 0/° O6 w n �` •°° ��. s ``r .• Off/ / mo pnert laA Au+[e DeADo ` e :ML. • e OQ ` j' ..• ,. P / 1 y. , , \ P� Alp, rr i � . ., G 7 n' !_ a .•;,• .>e ,�� ,r J� � •r d�OI,.. .v V �� (Iy 051-06 f 020- 10 Agenda Information Memo August 1, 1989 City Council Meeting SPECIAL USE PERMIT/RELIANCE REAL ESTATE FOR TEMPORARY ADVERTISING SIGN B. Special Use Permit for Reliance Real Estate Temporary Advertising sign Located North of Highway 13 --For a copy of the report on this item, refer to the Department of Community Development report that was enclosed as support information for New Business Item A. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Reliance Real Estate, temporary advertising sign located North of Highway 13 and Section 19. /0 Agenda Information Memo August 1, 1989 City Council Meeting CONDITIONAL USE PERMIT/FAIRVIEW DEVELOPMENT COMPANY FOR PYLON SIGN C. Conditional Use Permit for Fairview Development Company to Allow a Pylon Sign in a PD District Located on Lot It Block i of Pondview Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by the Fairview Development Company requesting a conditional use permit for a freeway pylon sign to be located adjacent to I -35E in the Southwest corner of the lot. The APC is recommending approval. For a copyof a report that was prepared by the Department of Community Development, refer to pages ,Zf through For a copy of the APC action on this item, refer to minutes enclosed on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for a freeway pylon sign as requested by Fairview Development Company to be located adjacent to I -35E in the Southwest corner of the lot. SUBJECT: USE PERMIT APPLICANT: ALAN L LINOFF, FAIRVIEW DEVELOPMENT CO. LOCATION: LOT 1/ BLOCK 1p PONDVIEW ADDITION EKISTINa'SONINa: (PD) PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: JULY 25F 1969 DATE OF REPORT: JULY 3# 1959 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT a. APPLICATION SUMMARY: Fairview Development Company is requesting a Conditional Use Permit for a freeway pylon sign to be located adjacent to I -35E in the southwest corner of the lot. The 80 square foot sign (approx.), as proposed, meets the height, size, and setback requirements. 'Phe applicants are requesting the pylon for exposure of the clinic building from the highway. The copy on the sign reads, nEagan Medical Center - Eagan Orthopedic and Sports Medicine Center." If approved, the Conditional Use Permit shall be subject to the following conditions: 1. The sign shall be subject to a one time sign fee of $2.50 per square foot. STREET MAP • 141 Y .�.I40.a •jll 1 11 /.l /. 1II 1`RIII IMQ. I.TfC11i !! I• "' PAYS r •\ li I;/ •111 �, M1 /,II . 1 '1 R-1 ZONING MAP { Nom_ Eagan Medical `- Center .vv ^LVM. sieaH rAce.5 w( r -vireD cr.. ry - aA[XF.i w ( qi," WHrm ACRYLIC, p _� I'LA:-CSG HT LAMPS. O Eagan Orthopedic j� and Sports Medicine Center O T -10' ALUM. rcLE C.0 V r.L-, F/1IHT E'k. LIsNZE 6 SOVAM STEEL TvI:•E .SIS' IJALL Iz; v ELEC. Sepv(-E by cnw.f-s, X144rte. R -EG? APPFOX. LOAD 10.5 PHe_. j n i ELEvATiOH - R/E SIC;H 35c.a � .a' = I -.C' 7 u cmonc F?,IgviEw Scale M � Rehslats IAddms This dremns a the prepe'ry,of WORMQOIST K1 p N P.l.• SIGN I.O INC SweWera7' 312 M lake St eer Cietorna Approd De1e 1 jt FiA4AM S� H. Dile MN 55108 4 Stec MH It -7-M, 6128237291 m {=AII EW Url0t" I L. Mne P-AGAO, MI�� 15CMAKID 14IMMAW AAMC IMT9 (D P�w0 SIGN 40 O T O )1ANT 4OO =F 1 1 1 uRe�NT 1 oAsRT9 1 CAM 1 MEo1C�HH 1 SWOsF 1 .3ouosf 1 Fm STAFF PARK►NG PARK►NCi LV. -MW4NT DP*M9 aboosF putt( woo p 1 1 The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. 14-, 5' Agenda Information Memo August 1, 1989 City Council Meeting CONDITIONAL USE PERMIT/HOOVESTAL TO ALLOW TRUCK AND TRAILER SALES D. Conditional Use Permit for Hoovestal, Inc. to Allow Truck and Trailer Sales in the LI District Located on Lots 3 and 4 of Eagandals Center Industrial Park #2--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by the Hoovestal Company requesting a conditional use permit to allow truck and trailer sales in the LI district located on Lots 3 and 4 of Eagandale Center Industrial Park #2. The APC is recommending approval of trucks only. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages through /7 for your review. .n For a copy of the APC action on this item, refer to minutes enclosed on page(s) /.7/ ACTION TO BE CONSIDERED ON THIS ITEM: conditional use permit to allow the sale and trailers as a secondary use on Lots Industrial Park #2. 164 To approve or deny a and lease of used trucks 3 and 4, Eagandale Center SUBJECT: USE PERMIT APPLICANT: HOOVESTOL� INC. LOCATION: 2950 LONE OAR CIRCLE ALL OF LOTS 3 i 4v EAGANDALE CENTER INDUSTRIAL PARR +2 EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 25� 1989 DATE OF REPORT: JULY 3# 1989 COMPILED BY: DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow the sale and lease of used trucks and trailers as a secondary use to the primary use of contract mail !Haulers. The site is located east of Lone Oak Circle, just north of Lone Oak Road. COMMENTS: The applicant currently leases space from Roadway Inc. and runs a contract hauling trucking firm. Roadway Inc. has previously been granted a Conditional Use Permit to operate a truck and freight terminal at this site. 95% of Hoovestol's business is hauling mail, while the remaining 5% of the business operation is the sales and leasing of trailers and trucks. The Conditional Use Permit is being sought so the applicant can get a dealers license from the State of Minnesota, primarily for leasing trailers. The used trucks and trailers that will be available for sales and leasing come from the applicant's fleet as newer vehicles are acquired by the company. The leasing and sales activity, as proposed, will not include the general public, but instead will be geared to other trucking companies and/or professional truckers. The. applicant has also stated that the average number of sale and lease items on site at one time will be up to seven. The contract hauling operation has been in Eagan since 1978 and at the current site for approximately two years. ' If approved, this permit shall be subject to the following conditions: 1. No more than eight items for sale and lease shall be on-site at time. A qeof41NC= 6 u i nc P[..Ae%%A m 15 0 r r=-- ' NW NE k • I� 4[YIMI �j PO //� B.K. McKEE F F O 1011 7 '1'u,. 9 6 7 6 6 4 3 2 •_ 6 7 0 •• z.,.r 10 r s P 3M COMPANY s r � x' ERVICE BAIL ` U,21< 5ER 6 ECONOMICS Iwk v es o a a ,v.....10 LABORATORY 1 i.r,r rr=;16 7 18 54 7 2 ' ^r '. .1 F 14-215 Ill CORPORATE E 10 THE DONALDSON COMPANY NATIONAL 1 x \\\519 1` -V14 1 mn wC = +a 17 Og w. 20 --21 23 N2 w w 23 24 21 E'Z AIR r.nrlr., R4RK F LEXINGTON STANDARD VILLAUME BOX '& 0 4� LUMBER 9i - '— SHELARD CARSON PIRIEWAREHOUSE — ,nuns OT .t. SCT ROADWAY EXPRESS LIUMARALLUL \\ 13 12 2 1 F F O 1011 7 '1'u,. 9 6 7 6 6 4 3 2 •_ 6 7 0 •• z.,.r 10 r s P 3M COMPANY s r � x' ERVICE BAIL ` U,21< 5ER 6 ECONOMICS Iwk v es o a a ,v.....10 LABORATORY 1 i.r,r rr=;16 7 18 54 7 2 ' ^r '. .1 F 14-215 Ill CORPORATE E 10 THE DONALDSON COMPANY NATIONAL 1 x \\\519 1` -V14 1 mn wC = +a 17 Og w. 20 --21 23 N2 w w 23 24 21 a ° qo '�� Q.7 I 4a . OG4-00 A'. i i • r� c I 4 ` ` law.: x I -oo ''°. L ~ e oe \\_ 0 1 -jr I Ix :,:: t .... llma r� 111111 Niel 11 11 1 1 iQ IP — nI r•.. ;o UTY F I !1111 ; EAGAN FI E � dTAT10N 0. I M•, Or L[�lSE� R1( HOOVES7OLM -� The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. �7/ Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/WEBTPUBLISHING 3RD ADDITION E. Preliminary Plat for West Publishing 3rd Addition/West Publishing Company of 14.5 LI and Acres for Office Building Use Located North of Wescott Road and West of Highvay 149--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by West Publishing Company for a preliminary plat containing approximately 25.,4 acres of LI zoning district located North of their existing facility along Wescott Road and Highway 149. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Community Development Department referenced as pages 1�3 through . aFor a co y of the APC action on this item, refer to page(s) ACTION TO BE CONSIDERED preliminary plat of 14.5 building use as submitted of Wescott Road and West 4 ON THIS ITEM: To approve or deny a light industrial Dy West Publishing f Highway 149. icy acres for an office Company located North SUBJECT: PRELIMINARY PLAT (WEST ADDITION) APPLICANT: WEST LOCATION: SE 1/4 OF SECTION 13 EXISTING ZONING: LI (LIGHT, INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 250 1989 DATE OF REPORT: JULY 19p 1989 COMPILED BY: COMMUNITY 3RD APPLICATION SUMMARY: An application has been submitted by West Publishing Inc. requesting a Preliminary Plat containing approximately 14.5 acres in an LI (Light Industrial) zoning district located immediately north of the existing facility along lRescott Road and Highway 149. BACKGROUND: The initial 400,000 square foot West Publishing Development began in 1977 and has increased to more than 1,000,000 square feet. With the original application, an EAW (Environmental Assessment Worksheet) was processed. No amendments are necessary as a result of this application. In 1987, West Publishing purchased all of the Gopher Smelting property southeast of Yankee Doodle Road and Elrene Road, except for the 20 -acre concrete recycling area approved by the City in July 1989. West Publishing is currently in the process of developing an overall master plan for the future development of this area and it is anticipated that this plan/platting process will be reviewed by the Advisory Commissions and City Council in late 1989 or early 1990. Staff has been, and will continue to work with the applicant on these plans as they develop. This plat incorporates Light Industrial zoned property within the Gopher Eagan Planned Development. Agricultural zoned land owned by West Publishing immediately south of the building site will be used as a parking area only. City staff and West Publishing have agreed to rezone and plat this area Light Industrial with the overall development plans since the newly acquired area may also need additional Planned Development Amendments (Rezonings). The Planned Development primarily consists of Light Industrial zoning, with smaller areas of (RB) Roadside Business., R-4 (Multiple), R-2 (Double), and PF (Public Facilities) districts. This may also include a transfer of City parkland in exchange for land that would provide a direct access from Wescott Station Park to Elrene Road. EXISTING CONDITIONS: Currently, there is a house on the Agricultural zoned property immediately to the south that will be surrounded by the parking area for both buildings. The home is occupied by a West Publishing security person and will stay in its present location for the time being, however it may be relocated on/off site with future development. The area consists primarily of open grassland and becomes wooded along the west property line. Only City parkland and property owned by West Publishing are within 350' of the subject site. BITE PLAN: The proposed two-story 145,000 sq. ft. Professional Center will contain a "back up" type computer system to the one in downtown St. Paul. The goal West Publishing Company has is to always have one system operational, even in the time of an emergency. Both will carry an approximate 50% load of the total computer needs of the company. Access will be provided from the existing parking lot, with 180 parking stalls along the northeast corner of the building. Only 60-70 employees will be located in the building initially. The building itself will be constructed of a combination of brick and glass, similar in scale to the office building addition on the north side of the main building that was completed in 1988. The landscape plan was nicely prepared and demonstrates a good mixture of overstory, understory, and coniferous material. 1!Y GRADING/DRAINAGE/EROSION CONTROL: The proposed site is hilly and will require cuts of up to 14' to meet design grades. Staff anticipates no problems with the grading. No erosion and sediment control plan was s-ubmitted for staff review and comments. Erosion control measures will be required in accordance with the City's erosion control manual. Storm water drainage is proposed to be directed to Pond JP -18 which does not have an outlet. Development around the pond has continued over the past 5 years with no indication that an outlet is required due to flooding conditions. Staff continues to recommend that an outlet not be constructed at this time and monitoring of the pond be continued to verify that flooding conditions are not developing. Further development in the area will necessitate the pond outlet construction. UTILITIES: Water main for the site is proposed to be connected to the existing internal private lines within the existing West Publishing site and to the water main on the easterly side of TH 149 installed in 1971 under City Project No. 5874. The water lines are proposed to be private. Any water line which loops the City system is considered a public line and requires the appropriate easement. Two alternatives are proposed for sanitary sewer. Alternate A would involve construction of a gravity line east across TH 149 to an existing sanitary sewer that was constructed in 1977 under City Project No. 196. This alternate would involve construction of both private and public lines since the const -ruction would be across private property that is not a part of this plat. The second alternate would involve construction of a private lift station within the plat. The lift station would outlet into existing private sanitary sewer lines within the plat. STREETS/ACCESS/CIRCULATION: Access to this plat will be from existing West Publishing private streets and parking lots which have access from TH 149. EASEMENTS/PERMITS/RIGHTS-OF-WAY: Standard 10' drainage and utility easements will be required around the plat. In addition, an easement to the HWL of Pond JP -18 will be required. If. alternative A for providing sanitary sewer service is selected, an easement will be required over private land to the east of TH- 149. Permits from Minnesota Department of Health and Pollution Control Agency will be required for water main and sanitary sewer construction. Permits from Minnesota Department of Transportation will be required for any utility crossing of TH- 149. � 7 tD OBLIGATION: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. IMPROVEMENT PROJ RATE QUANTITY AMOUNT Storm Sewer Trunk Future $.083/SF 631620 SF $52424 Lateral Benefit Water Trunk 58 22.70/FF 1150 FF 26105 TOTAL $ 64455 WEST PUBLISHING 3RD ADDITION 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4,, Cl, C2, C4, C5, D1, El, and G1. 2.. All trash shall be either contained within the building or enclosed in an attached structure constructed of the 'same material. 3. All rooftop mechanical equipment shall be suitably screened. M A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 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 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. 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. I�� STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 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 release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall. fulfill 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: PLATAPPR.CON ITS #1 6/12/89 J71 (.oc&PoN i!ON/NG : u o /ti� n tl.Sl ewILL�SW� I SE AIC` I reNDL PIxO Lol J �/VS RILL V [xloc[' I N q9 O 0 \L�IM-N1 SE I NUTOii JM C s4 �'CS[OTT TP_ aOep P SOS* � o , -rNl NW i \ NE LELeq-- ., STSC[T : u o /ti� n tl.Sl ewILL�SW� I SE AIC` I reNDL PIxO Lol J �/VS RILL V [xloc[' I N q9 O 0 NVId 3JA _ NOLLWOdtlW BOdGZ — VNIN47Bnd 153M . '� $1 17, H MPI r m A Z. ,'-; / / `/ ` •'� f` Ili px.m 1: IXMT tl.WEET IYEIIEIWIG COYNEI• I1 -'{ r% I c$p Y._ 1 1•. 11.L mE.m • i : r- .J ii � 1 _ _�.' .�• 1.1 \I \ \t I .. -.. , - ........ ..... ----------- __ 1 \ _ .• .. _ _ _ • _ f ............ )rl - \.�,'1 \I; ! ,''\_ `.����-'O?x.. _;4_C -i:., IIS"• �• s.r ... a _• __ _ •1: 7 l •__=� •.— �%''• a, '' ' � = �•.�' } ��i'°''til; '�' -. ...� .. • f E �. •'.. ,.-. . 1,, 'jlarl� .�.�r. .a �r .r rr7 lci r - _ WEST PUBUSNING _ faYw 1p. J L ® OPUS CORPORATION k� LOCATION PRELIMINARY RAT OP I- WEsT PUBLISHING COMPANY 3RD ADDITION /NIGH / P► /TE / sfA / vIL/ M• j60 / apt 1 „ yrs ✓ 7 0 G K `� NTh dN14•.. ?.iS• i _.. �i . 0 a 0 Q •...v 1 IfHN ; I;I ill I I fill •j' 0 0 z IYESCO-P;i- - -- -. . ROIO v f vim � 1.}:y STORM SEWER TRUNK 631,620 S.F. R LATERAL BENEFIT WATER TRUNK 530 FF / R j• �I 4F ♦ C',`' V I !,v t I, O II \ 1\ ^J JI WD ADDITION r+• YL'Ui:iTFFI. ihi% :Y I �'r : [_ (: fa.CilTllp7 i_ _ I1t F_r P. n F..l r •r !,i •I ..Ii I Itll, I lw 0 lk PLAY OF. WEST p1OLISHING� 3RD ADDITION LATERAL BENEFIT WATER TRUNK 1,150 FF / 8 4-V 1 II ` ".f o D w;rc,TRE' _- 2K;L' G i 0 a The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/PEACEFUL EEIGHTS 2ND ADDITION R. Preliminary Plat for Peaceful Heights tad Addition/Peace Reformed Church Consisting of 12.68 PF Acres for a Church Expansion --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider a preliminary plat application submitted by Peace Reformed Church that consists of 12.68 PF acres and is proposed for a church expansion. The APC is recommending approval. For a copy of Community Development and Engineering report, refer to pages 4 0L. through��. For a copy of the APC action on this item, refer to a copy of those minutes enclosed on page(s) -2,07— ,ACTION 0Z ,ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 'preliminary plat consisting of 12.68 public facility acres for a church located along Gloria Drive, West of Nichols Road entitled Peace Heights 2nd Addition as requested by Peace Reformed Church. SUBJECT: (REPLAT)- PEACEFUL HEIGHTS 2ND ADDITION APPLICANT: PEACE REFORMED CHURCH LOCATION: 2180 GLORY DRIVE PEACEFUL HEIGHTS ADDITION EXISTING ZONING: PF (PUBLIC FACILITIES) DATE OF PUBLIC HEARING: JULY 25, 1989 DATE OF REPORT: JULY 18, 1989 COMPILED BY: PLANNING i ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Replat for Peaceful Heights Addition to combine Outlot A and Lot 1, Block 1, creating Peaceful Heights 2nd Addition. XXISTING CONDITIONS: The 12.68 -acre site is located south of the proposed Kennealy Addition, west of Nicols Road, north of Cedar Ridge 1st and 2nd Additions and' abuts Cedar Avenue (T,.H. #77) on the west. Access to this development is gained from Glory Drive, off Nicols Road. The church is located south of Glory Drive with approximately 150-160 parking spaces. Outlot A is located on the north side of Glory Drive and is primarily an open grassy field. BACKGROUND: Peace Reformed Church was completed in 1985 and has approximately 820 members (including children) with an average Sunday congregation of 600. The church is currently applying for a building permit to construct a 21,000 square foot addition to be used for classrooms and a gymnasium. The sanctuary will remain the same size. COMMENTS: Plans to increase the number of parking spaces necessitate the need to plat Outlot A. The project is being phased; Phase II of the development is the 21,000 square foot addition to the building and 95 parking spaces. The two-level building addition will have a full-sized gymnasium on the lower level surrounded by classrooms and a nursery. The top level has an open area and classrooms around the perimeter. The.21,000- square-foot addition will match the existing structures ---brown face brick, gabled roof, and shingles. The architects, plan to submit the building permit application the week of July 24, 1989 and would like to schedule work for the first week in August. Phase III is the addition of 68 parking spaces currently in Outlot A. To do this, Outlot A requires platting. 4:CJ1'451.'{�.'r:r .9 Qi WF�}:•. GRADING/DRAINAGE/EROSION CONTROL: The proposed grading for the development conforms to City standards and does not adversely modify storm water drainage patterns. The proposed storm water management of the development consists of lateral storm sewer discharging into a pond created for storage of the site generated storm water runoff. The design concept represents good storm water management practices and benefits the overall drainage of the area. Based upon a hydraulic analysis of the drainage system, it is recommended that the discharge from the.pond be controlled by a 6" orifice. This would result in a high water level of approximately 887.0 (0.8' higher than proposed), however, this has no apparent adverse impact on the proposed development. No erosion and sediment control plan was submitted for staff review and comment. No negative water quality impacts are expected since all downstream water bodies have preliminary water body classifications as storm water basins or sediment basins. UTILITIES: No sanitary sewer or water main is proposed as a part of the development. A review of the hydrant coverage indicates that a portion of the proposed development would not be covered by ithe hydrant presently at the end of Glory Drive. This issue must be reviewed by the Fire Marshall, and additional hydrant installation may be required. STREETS/ACCESS/CIRCULATION: Improved public street access is presently available from Glory Drive. Traffic circulation through the proposed parking area appears to be adequate for the intended use. EASEMENTS/RIGHTS-OF-WAY/PERMITS: In addition to the 10' wide drainage and utility easements required along all property lines and adjacent to public right-of-way, a ponding easement will be required for the proposed ponding area. An easement on the proposed ponding area guarantees that the development will not fill in the proposed pond which in turn would overburden the downstream City storm sewer system. Sufficient right-of-way for Glory Drive has been dedicated. I/ FINANCIAL OBLIGATIONS Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. IMPROVEMENT PROJ RATE QUANTITY AMOUNT Lateral Benefit Water Trunk .64 $13.75/FF 134.99 FF $ 1856 Lateral Benefit Storm Sewer 198/ 24.75/FF 284.99 FF 7053 227/186 Trail 4,60A 8.10/FF 520..99 FF 4220 TOTAL $13129 l ( y PEACEFUL BEIGHT8 2ND ADDITION 1. 2. These standard condi-tions Council action on September A1, B1, B2, B4, Cl, C2, C4, of plat approval as adopted by 15, 1987 shall be complied with: C5, D1, El, F1, and G1. All conifers must be 6' tall and additional landscaping along the highway and also along the south property line must be provided. 3. All trash shall be contained within the building or the enclosure shall be attached to the building and constructed of the same materials as the building. 4. 5. 6. The proposed ponding area is limited to a 1.4 cfs outlet. The development is required to provide a ponding easement for a high. water level of 887.0. The development will be required to provide additional hydrant coverage as required by the Fire Marshall. / /3 A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Basements and Rights -of -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 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. 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. STANDARD CONDITIONS OF PLAT APPROVAL. PAGE TWO 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 release .until one year after the date of installation. 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 .n the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. Ge 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: PLATAPPR.CON LTS #1 6/12/89 / �6 Peaceful Heights Second Addition 1989 STREET MAP 1987 ZONING MAP 1988 LAND USE GUIDE PLAN MAP / 70 PRELIMINARY PLAT OF PEACEFUL HEIGHTS SECOND ,i yam. Y.aaro•-n ' Y\\ _iGLDRY t gRIVE• N ' 'w\Oo' fYFif l t 1. .. J ADDITION C ,• I IJ I l 4\IT.r1 w11111 wlrw. n. wlb ww: pI •� 1 � a 1 ` r..l�lr �r.\.rwrr r wnlnb Iw n.l. •o It r.ul.n la Ymlr rw n r Y•\w .1 �I..Yb \,\Ilanlw I� ... ntn �IYI .Ew.lw rO6 Y� IY ww llb w 1. M w In V. n.w N rnY a. ra.wr. qr� n I. . Proposed Kennealp Addition .I ; c S' Future I a Parking Phase GUIRY DRIVE Phase II - i M� O I ,_ Rtum Padciry x F Cedar Ridge second Addn. e Cedar Ridge First Addn. Lai." i! ,W.M 33N3U .$ I� S3 " IICIL1X lGtlLq� IIOIfOtl7 I wiloov 1 MJ Nw1 anions 30" bvb _. ^^ _ I ^ r —_•:r 4w dw 'rr 1 N"m1 comas ELMMII Ift"W" ."McJ." . ,P:lw �) I PRELIMINARY PLAT OF 1PEACEFUL HEIGHTS SECOND ADDITION 11mmou TRAIL 520.99 FF LATERAL BENEFIT STORM SEWER TRUNK 284.99 FF LATERAL BENEFIT WATER TRUNK 134.99 FF ------------------------------- LANE 'tib �,-LGLDRY qRIVE vol At A ---------- --------- L RE 112 -,md,0 b, I" I— L—a 1W !nr RwhdenWer The Advisory Planning Commission minutes for this item were not received in time to be Printed with the packet. The minutes will be included with Additional Information distributed on Monday. Z0 -7- Agenda Information Memo August 1, 1989 City Council Meeting a. Ordinance Amendment, City of Sagan, to the Subdivision Ordinance to Allow for Trail Dedication Requirements --As a part of the City Administrator's direction to revise the special assessment policy, the method of assessment for park and trail improvements was reviewed during the months of May and June, and an ordinance was prepared for consideration by the Advisory Planning Commission and is submitted to the City Council for consideration. The Advisory Planning Commission held a public hearing at their July 25 meeting to consider the Ordinance Amendment due to the requirement to change certain regulations within the Subdivision Chapter of the City Code. The APC is recommending approval of the Ordinance Amendment. For additional information on the proposed amendment and a copy of 'an ordin c as prepared by the City Attorney's office, refer to pages through Ij--P For a copy of the APC action on this 'item, refer to a copy of those minutes enclosed on page(q) y leo ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the amendment to the City Code, Chapter 13 for adoption of the Park and Trail Dedication policy. 7,03 1MENDMENT TO CITY CODE CHAPTER 13 PARK AND TRAIL DEDICATION POLICY July 25, 1989 Section 13.20, Subdivision 8 of the City Code, establishes subdivision regulations for park and trail dedication. Policies outlining the amount of dedication and/or cash contribution required have been determined by Council resolution. Currently, there is one adopted policy document governing both parkland and trail dedication. This policy requires park dedication by all developments at specified rates. (See Attachment 2 for current rates). Trail dedication, however, is provided only by developments abutting or incorporating trails identified in the City's adopted Park System Plan. Since a coordinated trail system is a city-wide benefit, the current policy places a disproportionate burden on those developments abutting such identified trails. To provide a more equitable dedication system and to ensure completion of the trail as planned, an amendment to chapter 13 of the City Code and revisions to the Park and Trail Dedication Policy are being proposed. PROPOSAL The proposal consists of three components: an ordinance amendment to Chapter 13, a Park Dedication Policy,, and a Trail Dedication Policy. The ordinance amendment (see Attachment 1) establishes a separate land dedication and/or cash contribution process for trails in addition to that required for parkland dedication. The proposed Park Dedication Policy (see Attachment 2) sets rates and standards for dedication of parkland in accordance with Section 13.20, Subdivision 8A.2. of the City Code. It revises the current adopted policy to eliminate sections concerning park trails (which will be addressed in the Trail Dedication Policy described below) and to establish two additional required improvements. No changes in required rates are being proposed. The Trail Dedication Policy (see Attachment 3) is a new policy proposed to establish separate rates and requirements for trail land dedication. The purpose of this policy is to distribute the cost of remaining trail construction equitably and consistently to all future development benefitted by such trails and to ensure an adequate mechanism to pay for remaining trail construction. The proposed rates for trail dedication are $100 per residential unit and $859 per acre for commercial/ industrial development. These rates were determined by comparing the amount of potential future development with costs for remaining trail construction. The Parks and Recreation Department estimates that approximately 62 miles of trails identified in the Trails Systems Plan have yet to be constructed. Construction costs are estimated at approximately 3.5 million dollars, based on a cost of $10.75 per lineal foot of 20 construction. Remaining future de been estimated at approxii commercial/industrial property and residential development. Dividing tl by the amount of future development lopment within the City has Lely 2,000 acres of )proximately 18,000 units of estimated construction costs ielded the proposed rates. Under these policies, total fees for park and trail dedication would become $625 for single family residential ($100 - trail, $525 - park) and $3,037 per acre for commercial/industrial ($859/acre - trail, $2,,178/acre - park..) while this represents an increase for some developments, the fees for others, previously responsible for trails abutting or within their developments,, may decrease or increase only slightly. The combined park and trail dedication rates are consistent with the range of fees required in surrounding jurisdictions and will ensure adequate revenue to complete the trail system. It should be noted that the Council may adjust the required rates in the future should construction costs increase. The proposed amendment to Chapter 13 of the City Code requires a public hearing process before the Advisory Planning Commission and the City Council, with action being taken by the Council upon recommendation of the Planning Commission. The Park Dedication Policy and the Trail Dedication Policy can be adopted by resolution of the City Council. This process provides more flexibility for periodic revisions which may be needed to accommodate possible fluctuations in construction costs and development potential. Although.the Planning Commission will be making a recommendation only on the Code amendment, the policy documents to be adopted by Council resolution have also been included for informational purposes. 1. Proposed Ordinance Amendments 2. Proposed Park Dedication Policy 3. Proposed Trail Dedication Policy 4. Trail Plan Map Dpp(fp� i ORDINANCE N0. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13, ENTITLED ''SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.20 REGARDING PUBLIC USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE, CHAPTER 1. The City Council of the City of Eagan does ordain: Section 1. Section 13.20 is hereby amended by adding Subdivision 8.A.8 to read as follows: Section 13.201 Subd. 8.A.8 Park Trail Dedication. As a prerequisite to plat approval and/or a waiver of plat approval, the applicant shall dedicate land required to complete the City's Trail Plan and/or shall make a cash contribution to the City's Park Trail Fund, at the City's option. Land dedication shall be in an amount as determined by the Council as reasonably necessary to complete the City's Trail Plan in accordance with the City's Trail Dedication Policy. The cash contribution shall be based on a rate schedule established by resolution of the Council, from time to time. For residential property, the cash contribution shall be made at the time of approval of the final plat or approval of the waiver of plat in the amount as determined by the rate schedule in effect at the time of the approval. with respect to commercial, industrial, or public facility property, the cash contribution shall be made at the time of the issuance by the City of a building permit in the amount as determined by the rate schedule in effect at the time of the. issuance of the permit. Section 2. Eagan City Code Chapter I'entitled 'General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" is hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 20l ATTACHMENT 1 MMIN �I CITY OF EAGAN PARR DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OFrLAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARR OR RECREATION PURPOSES OR WITH RESPECT TO WHICH CASHIS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION OF THE CITY CODE. 1. PURPOSE. The City Council recognizes it is essential to the health, safety and welfare of the residents of Eagan and persons working in Eagan, that the character and quality of the environment be considered to be of major importance in the planning and r development of the City. In this regard, the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial/ industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today; but also be insightful to the needs of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, ,playground and public open space. To disregard this principle is to inevitably over -tax existing facilities and thus, diminish the quality of the environment for all. The City's Park Systems Plan Study has established minimum community criteria for meeting the needs of the residents of Eagan. In order to meet the community needs for parks and open space, 15 acres of park shall be required for each 1,000, residents, of which 12 acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. it is the policy of Eagan that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land 7- 0 7 ATTACHMENT 2 within the City shall be directly related to the density and intensity of each subdivision and development. The amount of land to be dedicated by a developer shall be based on the gross area of the propose subdivision, proposed type of dwelling unit and density. Census .data for 1985 of 3.5 residents for single family, 2.8 for duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Eagan residents. The formula for land dedication: The greater of 1) proposed units per acre of 2) zoned density. DWELLING UNITS LAND TO BE DEDICATED 0 - 1.9 units per acre 88 1.9 - 3.5 units per acre 108 3.5 - 5.9 units per acre 128 6 - 10 units per acre 148 10 + units per acre Add .58 for each unit over 10 3. STANDARDS ono ACCEPTING PURPOSES DEDICATION OF LAND FOR PUBLIC PARR A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Park Systems Plan, and Comprehensive Guide Plan. and Trails Plan. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages,' liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and/or payment of fees -in -lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus soil is strictly forbidden without the written approval of the Director of Parks & Recreation. To i -2- E. Grading and utility plans, which may affect or impact the proposed park dedication,' shall be, reviewed and approved by the Parks and Recreation Director prior to dedication, or at such time as is reasonably determined. F. To be.eligible for park dedication credit, land dedicated is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 128 or are unsuitable for parks development shall be considered for partial dedication. Where ponding has been determined to have a park function, credit will be given at a rate of 508 of the pond and adjoining land area below the high water level; a minimum of 708 of land above the high water mark shall be dedicated before pond credit is granted. Other City park dedication policies relating to pond dedication must also be complied with. In those cases where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball courts, ball fields, etc., within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation, such amenities significantly reduce the demand s for public recreational facilities to serve the development, the Director may recommend to the Advisory Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 258 of the amount calculated under paragraph 2 above. G. The City, upon ,review, may determine that the developer shall create and maintain some form of on-site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. If, at the option of the City, it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Advisory Parks and Recreation Commission, shall annually determine by resolution the park cash dedication fee per residential unit. Said, fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre, which shall provide the equivalency of twelve acres per thousand population. Said cash dedication, effective January 1, 1989.shall be: CASH EQ. PER HOUSING AVERAGE UNITS PER RESIDENTIAL TYPE MARKET VALUE 100 POP, UNIT Single family $11,000 per acre 28 $525.00 Duplex 13,000 per acre 35 488.00 To,Jnhouse/ quad. 1.5,0-00 per acre 47 414,.00 Apts/ multiple 17,000 per acre 52 427.00 Cash dedication shall be determined/computed at the rate in effect at the time of final plat. Subdividers and developers of commercial/industrial land, including commercial/. industrial portions of Planned Developments, shall be required at the time the site plan is approved and building' permits are issued to dedicate to the City for park, playground, and public open space purposes, an amount of land up to 7.58 of the net land area within the development as determined by the City. In those cases where the City does not require park or open space within such developments, the City shall require payment of fees in ,lieu of such land 'dedication in an amount equal to $.05 per square foot of net land area, or such amount as determined by the City Council. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval., as determined by the City. The fee dedication requirement for all commercial/industrial plats which have received site plan approval prior to January 1, 1983, but have not been issued building permit approval, the City shall be in an amount equal to $0.2 per sq. ft. of net land which shall be contributed at the time of building permit approval. A credit of up to 258 of the -required dedication may be allowed by the City Council for on-site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The, City Council, upon review and recommendation of the Advisory Parks and Recreation Commission, may annually review and determine by resolution an adjustment to the industrial/commercial fee based upon the City's estimate of the average value.of undeveloped commercial/industrial land in the City. Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contract or site plan approval responsibilities. Landscape screening, shall be in accordance with 'City Policy. i=S�=3i�=�4C=.:G=am— B.-BzEstablish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. -Fr. -Provide sufficient public road access of no less than 300 ft. for neighborhood parks, and additional frontage for community parks. The State of Minnesota has recognized the importance of providing for parks and open -space in M.S.A. 462.358, subdivision 2 (b) which clearly gives the right to Cities in it's subdivisions regulations to require reasonable portions for -5- public use. The City of Eagan has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting the public needs. CITY OF SAGAN TRAIL DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR TRAIL PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. 1. Pnrnose. The City Council recognizes that in the best interest of the health, safety and welfare of the residents of Eagan, that a standard be adopted to complete the Park Trail System as set forth in the Eagan Comprehensive Guide Plan. The Eagan trail system is designed to provide links between the various points of interest and public facilities which exist and are planned within the community. To more adequately assure the timeliness and priority of the completion of segments of the trail system, the Council has resolved that as a prerequisite to plat approval, subdividers shall dedicate land for trails and/or shall make cash contribution to the City's park trail fund as provided by this section. a. Land to be dedicated shall be reasonably suited for its intended use and shall be at a location identified upon the City of Eagan's Trail Plan. b. The Park and Recreation Advisory Committee shall recommend to the City Council the trail land dedication and/or cash contribution requirements for proposed subdivisions. C. Changes in density of plats shall be reviewed by the Parks and Recreation Advisory Committee for reconsideration of trail land dedication and cash contribution requirements. d. When a proposed trail has been indicated in the City's official map or Comprehensive Plan, and it is located in whole or in part within the proposed plat, it shall be designated as such on the plat and shall be dedicated to the City of Eagan. If the subdivider elects not to dedicate an area in excess of the land required hereinunder for such a proposed trail, the City may consider acquiring the trail land through purchase or condemnation. z!3 ATTACHMENT 3 e. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance. a. In lieu of trail land dedication as set forth on the City's Trail Plan, the City may require the following cash donations: Residential Dwelling Units $ per dwelling unit Commercial/Industrial/Public $ per Facility acre b. The City may elect to receive a combination of cash and land for trail use. The fair market value of the land the City requires for its trail system shall be subtracted from the cash contribution requirement set forth in paragraph 3(a). The remainder shall be a cash contribution requirement. C. The fair market value shall be determined as of the time of preliminary plat approval in accordance with the following: 1. The City and' the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the MAI or equivalent real estate appraisal societies. 3. If the City disputes such appraisal, the City may, at the subdivider's expense, obtain a second appraisal of the property by an appraiser who is a member of the MAI or equivalent real estate appraisal societies. The second appraisal shall be conclusive evidence of the fair market value of the land. d. Planned Developments with mixed land uses shall make cash and/or trail land contributions in accordance with this section based upon the percentage of land devoted to the various uses. e. Cash for trail contributions are to be calculated at the time of final plat approval. With respect to a cash dedication for residential units, payment shall be required prior to the City releasing the final plat for recording 2t2 purposes. With respect to commercial/industrial/public facility property, payment for the cash dedication shall be made at the time of the application for the building permit. f. Cash contributions for the trail dedication shall be deposited in the City's Park and Recreation Trail Development Fund and shall only be used for trail planning, acquisition or development. The Advisory Planning commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. %lo Agenda Information Memo August 1, 1989, City Council Meeting REQUEST FOR COST PARTICIPATION/FAIRWAY HILLS. H. Request For Cost Participation, Fairway._gills let E 2nd Additions - Frontage Road --Enclosed on pages i/X through 22�3 is a letter submitted by the developers of the Fairway Hills 1st and 2nd Additions requesting Council consideration of City and/or County financial participation in the reimbursement of the existing retaining wall, easement acquisitions and utility relocations necessary to construct the Pilot Knob Road frontage road from Camelback Drive to Interlachen Drive along the east side of Pilot Knob Road within the Fairway Hills 1st and 2nd Additions. The City and County staff have held extensive meetings with Mr. Hermann regarding this issue. It is the opinion of the City and County that it is the developer's responsibility to construct the frontage road in accordance with previously approved development agreements and current engineering standards. While the right -of - ,way for this frontage road was technically platted with the Fairway Hills 1st Addition, its construction was specifically deleted until the second phase development to ensure that its location, elevation, setback and other design criteria was compatible with the pending Pilot Knob Road improvement. It appears that the current location and elevations of the rough grading for this frontage road are not compatible with the final Pilot Knob Road design. The City staff contends that with the developer's option to design and construct this roadway privately, they assume the responsibility to ensure that the design is compatible with the adjacent Pilot Knob Road improvement and that they assume their financial obligations for 100% of the cost in accordance with the development agreement for the Fairway Hills lst and 2nd Additions. Enclosed on pages through is a letter from the Public Works Director to the developer forwarning them of the need to coordinate designa construction scheduling. Enclosed on pages ZZa through 2- is City and County staffs' response to the specific items addr ssed in the development's request. Due to the extensive volume of the referenced attachments to the developer's submittal, it will be presented and made available at the Council meeting on August 1, 1989. If any individual would like a copy of any specific attachment or all of them prior to the meeting, please contact the Director of Public Works. The developer is appealing the staff's position to the City Council requesting that the City and/or County financially participate in the construction of this frontage road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the developer's request for City/County financial participation for the Fairway Hills frontage road along Pilot Knob Road between Camelback Drive and Interlachen Boulevard. C2/7 I' BRZDLEWILDE JOINT VENTURE/DMS INVESTMENTS 7 /7, Mike Foertsch Assistant City Engineer City of Eagan Dear Mike: In compliance with your request of last week and with the understanding that there will be no more delays in either the resolution.of the Service Drive and/,or scheduling of DMS/Bridlewilde Joint Venture on the agenda for the next City Council Meeting, I hereby present the facts and ou3f request to the Engineering Staff and City Council of Eagan: Occurrence Date Letter from Larry Figgins to the City indicating 3-25-86 items to be addressed for County approval. These 1.4 changes were made in the DMS/Probe Engineering design for Phase I and II of,Fairway Hills. Letter from Larry Figgins/County granting access 4-3-86 to Pilot Knob Road and temporary access until completion of Pilot Knob Project at Camelback Drive and Pilot Knob. Also indicated basic approval by the County of the proposed DMS plat at that date. Permit granted to DMS for construction by County, 6-26-86 authorization number 3177 for first 11000 feet in Southerly direction on East side of Pilot Knob Road. This includes the area of the retaining wall and Camelback Drive Service Road intersection in question. Letter from Enron requiring that the Service Road 8-29-86 be set at specific height along Pilot Knob Road, as well as other previous communications•. County sends out plan showing DMS Road and showing Trailways that City requires, but shows no concern for grade change between Camelback/Service Drive intersection and/or Service Drive all the way to then proposed Interlachen Drive. But most importantly no _need for retaining walls is mentioned on either side of Pilot knob Road. 2�� Plans for Phase I approved for DMS by Mike 4-87 Foertsch,. DMS instructed to plat Phase I and outlot three lots only. Service DRive in question was platted at that time. City then requested that DMS not construct the service drive until Enron lowered the,pipe- line in conjunction with Pilot KNob Project. DMS did as requested. However, DMS was instructed by the city staff to install questioned manhole5at Camelback Drive intersection point according to approved grade at service drive intersection. Fairway Hills plat approved and filed 6-2-87 Construction Started Spring 87 Construction completed. Catch basin at 8-87 intersection of Camelback Drive and Service Drive installed.per plan previously approved and accepted by City Staff and County permit N 3177 granting easement rights and letter dated 4-3-86 from Larry Figgins basically approving the plan. It should be noted at this time that the City Engineering staff, as well as the City consulting engineers, Bonestroo and Rosene had inspected and approved the installation in accordance with the plan. Letter from County saying Pilot Knob now 12-22=87 designed. It was obvious from the plan that their design did not meet up well with what DMS previously submitted to them platted and constructed. Quite obviously an error in their design existed_ No mention of a retaining wall and/or guard rail or elevations existed. In the same letter they asked for easements and excess fill which we promptly indicated we would give free of charge in Phase II development. Letter from Eagan staff to Don Patton, then 1-8-88 Project Coordinator for DMS in Phase I of Fairway Hills. The letter states that significant changes are evident between our constructed manholes and intersection of Camelback Drive and Service Drive. In the same letter the staff agrees to reduce the Service Drive width from Thirty Four feet to Thirty feet and asks us to redesign the plan because of the City need for Trailways. Bridlewilde agreed to redesign the plan and ask for approval. County Engineer basically approving plat for 2-23-88 second phase after redesign. Grading permit requested of the City for Phase 3-17-88 II in accordance with the asked for redesign including the questioned area. Gas line letter setting minimum clearances 4-26-88 as they exist today in the Service Road area along lots between Phase I and II. Letter from Roger Derrick to the City 4-26-88 recapping past occurrences. Permit from the County on second phase for 4-29-88 redesigned plan. In the permit the County makes special notation that no grading is to take place in their right of way without their contractor's approval. City signs off and approves Phase II grading 5-4-88 plan and Phase I service road outlot. Grading completed to approved plans. Prior to final plat approval staff requests 6-17-88 inclusion of possible retaining wall to be constructed at Camelback Drive/Service Road intersection. No where in the development agreement or on the plans does it indicate who is to construct the possibly needed retaining wall. I•t is obvious by this time that the County has, in their plan, had to consider elevation changes and a retaining wall on the West side of Pilot Knob as well as along Cliff Road East of Pilot Knob. Yet no inclusions on the County grading plan discuss retaining wall needs at the questioned intersection that was approved, platted and constructed by DMS the year before. Letter from Mike Foertsch giving permission 6-28-88 to proceed with Phase 1 -II under his sign off, saying that we have all the needed City and County approvals of the plan. Phase II is constructed today according to this approved plan. County begins construction of Pilot Knob and 7-15-88 Cliff Road Project. County contractor grades Service Road from Came16ack Drive/Service Road intersection to approved and completed grade of Interlachen Drive. During construction of course, the County had to take into consid- eration the approved intersection and the man- hole in question. Upon completion of Cliff Road/Pilot Knob Project the County subcontractor installed retaining walls,, guard rails and _ adjusted road elevations as needed in all areas necessary except in Fairway Hills in the area of the Service Road and Camelback intersection. Letter from Don Patton to the County discussing 9-28-88 the grade changes made by the County which are even more different than originally thought or expected in the redesigned plan and called for by the plan in the questioned area. Bridlewilde Joint Venture provides and pays 10-88 for a cross section of Pilot Knob Road and Camelback Drive/Service Road area to show how possible walls could be constructed. Because of County/City Pilot Knob Road changes, Walls could not physically be constructed at that late date. We also felt that it was not our responsibility and decided to give it over the winter in the hope the matter would be settled by spring. DMS/Bridlewilde Joint Venture Started no other action because we wanted to find out the full result of construction and the intentions of the City and/or County. We certainly didn't want to have a dispute if men of common sense would realize and correct their mistakes. Craig Knutson of the City of Eagan okays and 5-89 approves construction of a retaining wall by DMS Investments "as per approved cross sections", but verbally indicates that nothing should happen unless done in accordance with County instructions and standards. Probe Engineering requested and got County on site to direct and inspect retaining wall construction. At this time the County changed the entire wall construction from previously verbally approved and agreed upon cross sections submitted in 1988 by Probe and Bridlewilde Joint Venture. Said changes were constructed and verbally approved by the County. El 0 Alexander Construction attempts to install 6-89 curb and gutter in Service Drive and Camel - back Drive intersection. At this time Alexander Construction requests City inspection. Project was halted by the City staff because of unsafe conditions. To digress for a moment„ in May of 1989 the City staff instructed us to follow County direction. They gave instructions and we followed them. They then stopped the project stating that what the County had directed for the installed retaining wall left an unsafe intersection. They have since requested that DMS/Bridlewilde redesign again, acquire necessary easements from Lot 14, 'Block 5 which we do not own, move the 1987 installed utilities, install safety guard rail and continue their previously stated position that this should all be at our expense. •M1 Mike, it should be understood that the County physically graded and removed oux temporary entrance at Camelback Drive by removingone hundred plus feet of blacktop and made a cut of more than twelve feet from the previously approved elevations that have still not been addressed in County plans. the retaining wall, guard rail, road and manhole moving and needed lot easement have all come about because, quite obviously, the County either forgot about previously platted, approved and constructed areas, errored in calculations or had other ulterior motives. Bridlewilde had a set a County plans picked up in June of 1989 and retaining walls elsewhere and pathways had all of a sudden appeared except in the area of the approved and constructed Camelback Service Drive,. It is our request of the City Council of Eagan to include in the Cliff Road and Pilot Knob Road project overall assessment all costs of Bridlewilde, DMS, City of Eagan and the County to insure a safe and proper design for this area. Obviously, Mike, we tried our best to satisfy alot of different parties. At some points we felt that we stood on our heads, but we feel that the problem that exists is not our fault and that we should not have to pay for it in any way, shape or form. Again, I reiterate that we were there first, approved, platted and constructed. It has always been my understanding that when a County project takes place existing structures and approved plats must be taken into consideration and costs incurred are normally seen as part of the project. Mike, to this point everything has gone very well and we at Bridlewilde have felt very comfortable developing in the City of Eagan. We do not want this to develop into a bigger problem than it already is. We hope that you will agree and provide the help needed to have all the costs included in the Pilot Knob Project, as should have been done from the beginning. Sincerely. Rogerrrick Amt, DMS Investments , Partner Bridlewilde Joint Venture 'ice-. Trustee, Al Herrmann Construction Benefit Pension Fund Trust Partner, Brildewilde Joint Venture Inc. cc: Probe Engineering Tom Hedges ';Zq?,3 OF ea 31130 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-BICO January 8, 1988 MR DON PATTON DERRICK COMPANIES' 11095 VIKING DRIVE EDEN PRAIRIE MN 55344 RECEIVED JAN 1 i Igo Re: Fairway Bills 1st Addition Completion of Subdivision Improvements (Detention Pond & Frontage Road) Contract 86-W ,Dear Mr. Patton: As you recall, the requirement for the construction of the detention ponding area in the northwest corner and the construction of the Camel Back Drive frontage road along the east side of Pilot Knob Road had to be constructed in a time sequence compatible with the proposed upgrading of County Road 32 (Cliff Road) and County Road 31 (Pilot Knob Road) by the County. The following is additional information and details that the City would like to clarify at this time to provide adequate timing to ensure this work is properly coordinated with this county road improvement. DETENTION POND BASIN (NORTHWEST CORNER) During the initial preliminary plat and final grading plan reviews, it was, determined that a detention ponding area was required in the southeast quadrant of the intersection of Cliff and Pilot Knob Roads to detain excess runoff generated from your development. During the early phases of the grading permit and subsequent final plat, the completion of this detention ponding area could not be accomplished due to the existance of a single family house at this corner. This house was to be acquired by the county as a part of the county road improvements. Subsequently, an interim ponding plan was designed to accommodate excess runoff from this subdivision until such time that ,the permanent detention ponding basin could be constructed. As of last month, the county has completed its acquisition and removal process of this residential structure which now provides for the completion of this required detention basin. THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR DON PATTON JANUARY 8, 1988 PAGE 2 Presently, the county is completing detailed plans for the reconstruction of these county roads adjacent to your development: A revised grading plan for this required detention basin based on the final county design is enclosed for your information. You will note that the construction of this ponding area requires the extension of your existing storm sewer outfall and adjustment of an existing sanitary sewer manhole. In order to minimize any potential adverse impact to the future construction activity of the county improvement, it will be necessary to have the proposed drainage basin, storm sewer extension and related berming completed by the end of April, 1988. The enclosed grading plan for this detention ponding basin also shows an additional 30' drainage easement in the northeast corner of Lot 15, Block 2, at the southern end of this drainage basin to incorporate the high water elevation of 972.•0. The appropriate easement document to be executed is also enclosed with this letter. Because a portion of' this drainage basin construction is located within existing county road right-of-way, I encourage you to contact Mr. Larry Figgins of the Dakota County Highway Department (431-1150) to determine what permits, if any, are necessary to initiate and complete this detention drainage basin construction. Also, the temporary ponding area construction should be removed and property restored to its proposed final contours with the a propriate erosion control measures and restoration implemented. CAMEL BACK DRIVE FRONTAGE ROAD CONSTRUCTION Because of the significant change in the elevation of Pilot Knob Road associate wi a county improvement, a temporary access for Camel Back.Drive was allowed. However, upon completion of the Pilot Knob Road improvement, this access will have to be eliminated requiring the completion of the frontage road portion of Camel Back Drive southerly to, and incorporating, the Dolores Lane intersection with Pilot Knob Road. It will be necessary for you to contact the County Highway Department to obtain the county road improvement design information to ensure that your frontage road design (elevation, street grades, setback, radii, etc.,) is compatible with the final county design and construction. In preparing your final designs for this frontage road for formal City review and approval, please be informed that the width of this street can be reduced from the original 34' (BB) to 30-' (BB) to provide greater separation between the frontage road and Pilot Knob Road. -2-Z� MR DON PATTEN JANUARY 8, 1988 PAGE'3 Because of the fast approaching contract award for the county road improvements, it is necessary for you to begin, in earnest, compatible scheduling of your responsible improvements to minimize any conflicts with the county road construction. Therefore, I would appreciate a written response indicating a proposed time frame that the City and county can anticipate the above -referenced work to be initiated and completed by. Please work directly with Mike Foertsch, Assistant City Engineer, in the submission of all street and utility plans associated with these improvements to be performed by your development. Your anticipated cooperation and prompt response will be greatly appreciated. Sincerely -64 Thomas A. Colbert, P.E. Director of Public Works TAC/ jj Enclosure CC: Mike Foertsch;, Assistant City Engineer Larry Figgins, County Design Engineer NRSZSB .�?�7c MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: JULY 28, 1989 SUBJECT: FAIRWAY HILLS IST ADDITION REQUEST FOR CITY/COUNTY COST PARTICIPATION FRONTAGE ROAD CONSTRUCTION Staff has received a request from Bridlewilde Joint Venture/DMS Investments for Council consideration for including the cost for the design and construction of the frontage road in the Fairway Hills development which lies east of Pilot Knob Road between Camelback Drive and Interlachen Drive. It appears that the most appropriate way to respond to Mr. Hermann's letter is to reference each date shown in his letter and provide a staff response to each identified occurrence. DATE CITY STAFF RESPONSE 3-25-86 The letter from the County acknowledges a temporary access to Pilot Knob Road until such a time that the Pilot Knob Road upgrade is completed. 4-3-86 Letter from the County simply granting the temporary access road onto Pilot Knob Road. 6-26-8.6 Permit from County allowing grading in the County right-of-way. 8-29-86 As stated by Mr. Hermann'. There was no need for concern by the County for the proposed grades on the frontage road since the Fairway Hills development's willingness to match the proposed Pilot Knob Road reconstructed grades. 3-27-87 This is the date noted on the Pilot Knob Road construction plans. It should be noted that the construction plans for Pi -lot Knob Road included the following note "proposed Fairway Hills by others". 4-87 The issue is not the elevation as much as it is the location which appears to be not fitting Pilot Knob Road. To date, the development has not submitted specific details of the frontage road construction to verify elevation or location of the utility structures constructed under the Fairway Hills,Ist Addition. zy7 Page 2 4-27-87 Permit To Proceed with construction for Fairway Hills 1st Addition. 8-87 Construction of utilities in Fairway Hills 1st Addition complete. 12-22-87 Letter from Jerry Kingrey requesting slope easements and right -of -entry for' Cliff Road. The correspondence makes no reference to the Pilot Knob Road frontage road. 1-8-88 The City staff letter makes no reference to constructed manholes at the intersection of Camelback Drive and the frontage road. The correspondence states that due to the elevation difference between Pilot, Knob Road and the frontage road, the development is advised to obtain pertinent data from the County for the development's design of the frontage road and subsequent construction. The frontage road width was reduced from 34' to 301. 2-23-88 Noted correspondence is the recommendation of the Dakota County Plat Commission to the Dakota County Board of Commissioners for approval of the Fairway Hills 2nd Addition plat. The correspondence makes no reference to any redesign of the frontage road. 2-24-88 This is the date of correspondence to the Development requesting response to City staff letter of 1-8-88. 3-17-88 'Request for grading permit by the developer for the Fairway Hills 2nd Addition. 3-22-88 This is the date of a letter from the Developer to City staff acknowledging the temporary access at Camelback Drive will be closed when the frontage road is constructed. He also states that his engineer has been working with the County and has coordinated the grades of the frontage road to interface with the final grade for Pilot Knob Road. 4-12-88 Letter from City staff again requesting frontage road design information from the Development for staff review and comment. 4-26-88 Letter from the Developer of Fairway Hills 1st Addition addressing the frontage road construction. 4-29-88 Permit from the County to work within the County right-of-way for Fairway Hills 2nd Addition. 7 Zq Page 3 �?,aq Date of the grading permit issued by City staff for 5-4-88 the Fairway Hills 2nd Addition. 6-17-88 The retaining wall along the west side of Pilot Knob been a part of Road south of Cliff Road has always design and construction of the County's plan. The has always been the responsibility the frontage road of the Development and not a part of the Pilot Knob Road improvement. 6-28-88 Authorization to proceed with Fairway Hills 2nd the Development for Addition. The plan submitted by shows a retaining the frontage road construction wall to be constructed if needed. The design, construction, and project coordination 7-15-88 of the road tofeconstruction the City responsibility the Development and not and the County. 9-28-88 Pilot Knob Road has been constructed to the profile shown on the plans and cross section as originally dated 3-27-87. 10-88 Again, the original design for Pilot Knob Road had not been changed with profile and cross section regard to alignment, profile, and cross section. I fail to see where the Development's lack of a City liability pursuing the matter becomes problem. 5-89 There appears to be some misunderstanding on the First of all, the part of the Development. Development did submit cross sections and a proposed retaining wall design for review by the City and the by the County. The proposed design as submitted acceptable to the County. The Development was not City's review of the proposed cross sections and retaining wall construction was to the extent that of the it appears to be adequate to meet the needs be verified by the County. I fail City but has to to where the City has or can be held to 'a verbal see approval of a set of cross sections and a retaining that the wall design when it is clearly said design and retaining wall approval of the is subject to approval by the County. construction Mr. Hermann also states that the cross section and had originally proposed be retaining wall which he constructed was not adequate to serve the needs of the County. Therefore, the City staff response becomes null and void. �?,aq Page 4 6-89 The Development was attempting to install the frontage road in the location as depicted on the proposed construction plans. There appears to be an error in the Development's construction plans because the location and elevation of the frontage road could not be constructed in the location as depicted on the plans. Again, the profile, grade, and location of Pilot Knob Road has not changed from the original plans dated 3-27-87. The County has reviewed the letter submitted by Mr. Hermann. The County's position on the matter is that the developer was ,informed' of the requirements to build the frontage road before any of their construction started. It has been stated from the beginning that the developer's improvements must conform with the approved construction plan for Pilot Knob Road and Cliff Road. The frontage road construction from the beginning has always been the responsibility of the developer. In summary, there appears to have been a number of correspondence items between the development and the City and/or the County which identify the necessity for the development to contact the County to ensure that the frontage road design is compatible with the Pilot Knob Road design. To date, City staff has not received details of'the frontage road construction that would substantiate the Development's claim for compensation. The construction plans from the Developer simply do not provide the level of detail necessary to justify the claim. There simply must be an error in the construction plans submitted by the Development. When the Development attempted to construct the frontage road as shown on his plans, it simply did not fit where the construction plan shows that it should. The Development has always been responsible for the frontage road con ruction and this responsibility has not been shifted to the Cnd the Coun)y by any action or lack thereof of the City. MPF/jj DAKOTA COUNTY July 26., 1989 HIGHWAY DEPARTMENT 7300 WEST 147th STREET, SUITE Mr. Mike Foertsch City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: C 31-21 Fairway Hills Service Road Dear Mike: DAVID L. EVERDS, P.E. COUNTY ENGINEER (612) 431-1150 APPLE VALLEY. MINNESOTA 55124 1 am sending comments by Dave Robley on Al Herrmann's letter to you. The County's position is that the developer was informed of the requirements to build the service road before any of their construction started, that the developer's improvements must conform with the approved construction plan for C 31-21 along Pilot Knob Road and Cliff Road, and that the service road is the responsibility of the developer to construct and at his cost. Dakota County did not approve any plans for Fairway Hills' utilities or service road. The County did approve the plat with a temporary connection for Camelback Drive. The County permitted the Fairway Hills developers to perform work on public right of way that would conform with the .proposed construction of C 31-21. Tom Colbert stated in his January 8, 1988 letter to Don Patton that "it will be necessary for Derrick Companies to contact the County to insure that the frontage road design is compatible with the final County design." On March 22, 1988, Derrick Companies stated that "Probe Engineering coordinated the grades of the service road to interface with the final grade for Pilot Knob Road." Construction plans from Probe Engineering dated 1/27/88 for the Pilot Knob Frontage Road, contain a note stating "a retaining wall will be constructed if necessary." The Pilot Knob Road grades shown on the 1/27/88 plan by Probe Engineering conforms with the approved plan for C 31-21. Eagan approved Probe's plan 6/17/88, which is after the letting date for C 31-21. Based on this information, the developer should perform the construction necessary to conform with C 31-21 construction which is already in place. AN EQUAL OPPORTUNITY EMPLOYER I.f you have any questions, feel free to contact Dave Robley or me. We plan to have someone at the August 1st Council meeting. Let me know the time when this will be discussed,. ncerely, R ...�. David R. Zec , P.E. Administrative Design Engineer DRZ/mjl Encls. cc: Gary Erickson a3 z Comments on Bridlewilde letter to Mike Foertsch 3/25/86 Letter from Bernie Larson to the City regarding the plat of Fairway Hills. This letter specifies that Camelback Drive will have a temporary connection to CSAH 31 until CSAH 31 is rebuilt. At that time, the temporary connection will be closed and must follow the service road southerly. No indication of who is to construct service road (reads as though developer will construct). This letter also specifies that Lot 18, Block 5 will be set aside for the Northern Natural Gas Substation and will be transferred to the County. The County and City ultimately paid for this lot. 7"Am Letter from Don Patton to Northern Natural Gas. Item 2 mentions discussing purchase price of outlot for substation. A condition of final plat approval was the transference of this lot to the TCounty. pQ Letter from Tom Colbert to Don Patton regarding completion of the detention pond and frontage road. This letter clearly states that in order to minimize adverse impacts to the County's construction, the detention pond must be completed by April, 1988. A copy of the County/City designed detention pond was included for his information. This letter also informs the developer of the need to complete the frontage road along CSAH 31. The developer was instructed to contact the County to insure that their frontage road desipn conforms with the final County design. The City allowed a 30 street instead of 34' to make it easier to design and construct. 2/23/88 Letter from Gary Stevenson to city regarding Fairway Hills 2nd Addition plat. Plat will be recommended for approval with the recommendation that the City should verify the status of temporary easements for the CSAH 31 construction. 2/24/88 Letter from Tom Colbert to Roger Derrick requesting response to Tnm'c letter of 1/8/88 to Don Patton. 3/8/88 Letter from Tom Colbert to Don Patton regarding detention pond. It was mutually agreed that the County would construct the pond in exchange for all easements from any lot in Fairway Hills Addition. 3/22/88 Roger Derrick's response to Tom Colbert's letters. Mr. Derrick states that all conditions are met and there is nothing more to do but stay involved., 4/12/88 Letter from Tom Colbert to Roger Derrick. Tom reiterates that the developer needs to extend storm sewer pipe northwest to drainage basin, adjust a sanitary manhole and the frontage road construction will be concurrent with CSAH 31 construction, not phase II of Fairway Hills. 4/26/88 Letter from Roger Derrick to Tom Colbert in response to Tom's letter of 4/12`88.. Mr. Derrick indicates everything is complete and requests Tom to detail any issues that should be addressed. 6/17/88 `Mr. Herman indicates the County must have considered elevation changes because of the retaining walls along the west side of CSAH 31 and the south side of CSAH 32, and no retaining wall for frontage road. The retaining walls on CSAH 31 & 32 were installed to minimize the construction limits, no changes in grade were made. The frontage road design was left up to the developer. 9/28/88 Letter from Don Patton to Dave Zech. Mr. been alarming grade changes and addition feels that since the design of retaining they should be included with the highway Foertsch will indicate later in a letter, frontage road is the responsibility of meet the final design of CSAH 31. '6/23/89 Patton says there have of retaining walls. He walls was only recent, -construction. As Mike the construction of the the developer and will Letter from Al Herman to Mike Foertsch. Al indicates they cannot take responsiblity for damages from rain in their development or in the County R/W because they have tried to install the final frontage road'. 7/6/89 Letter from Mike Foertsch to Al Herman in response to Al's 6/16/89 and 6/23/89 letters. Mike indicates the development is responsible for constructing a frontage road as part of Phase I and if it requires a retaining wall, then there appears to be no alternative. The development agreement specifically states that erosion and sediment control is a responsibility of the development. a3� Agenda Information Memo August 1, 1989 City 'Council Meeting 1. Consider the Issuance of Multi -Family Housing Revenue Refunding Bonds for the Forest Ridge Apartment Project --The City approved multi -family housing revenue bonds for the Forest Ridge Apartment project when it was approved and constructed during the summer of 1985. Specifically, the inducement resolution for the multi -family housing revenue bonds was approved at the August 20, 1985 meeting,. The owner of the project, Forest Ridge Partnership, has an opportunity to refinance the project and reduce the interest by approximately two (2) basis points. The Director of Community Development and City Attorney have been meeting with Holmes and Graven regarding the re -issuance of the bonds for the project. The City Administrator and Director of ?Finance will review all agreements prior to any final ratification. For a copy of the resolution entitled "Authorizing the Issuance of Multi -Family Housing Revenue Refunding Bonds", refer to pages Z3(� through -L34. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution as stated. Z31!!5 CITY OF EAGAN, MINNESOTA RESOLUTION NO. AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, (PHA INSURED MORTGAGE LOAN - FOREST RIDGE APARTMENT PROJECT) SERIES 1989 BE IT RESOLVED by the City Council (the "Council"),of the City of -Eagan, Minnesota (the "City's as follows I. The Council has received a requests from Forest Ridge Partnership, a Minnesota general partnership (the "Company'l that the City undertake to refinance a multifamily rental, housing development as herein described pursuant to Minnesota Statutes, Chapter 462A and 462C (the "Act), through issuanceby the City of its Multifamily Housing Revenue Refunding Bonds (FHA Insured Mortgage Loan - Forest Ridge Apartment Project) Series 1989 in an laggregate principal amount not exceeding E (the "Bonds" ), in accordance with a Bond ,Purchase Agreement (the "Purchase Agreement") between the City, the Company and Piper, Jaffray & Hopwood Incorporated (the "Bond Purchaser"). 2. The City originally financed the Project herein described through the Issuance of Its ;10,905,700 Mortgage Revenue Bonds (FHA Insured Mortgage - Forest Ridge Apartments Project), Series 1985 (the "Prior Bonds"). 3. The Company hes acquired certain real estate and constructed thereon a 252 -unit multifamily rental housing development and related Improvements and equipment (hereinafter referred to as the "Project"). The Project furthers the policies and purposes of the Act and the findings made In the resolution adopted by the Council on August 20, 1985, which findings with respect to the Project are hereby ratified, affirmed and approved. 4. It is proposed that, pursuant to a Financing Agreement dated' August 1, 1989, between the City and the Company (the "Financing Agreement"), the City will loan the proceeds of the Bonds to the Company in order to redeem in advance of maturity the Prior Bonds at a redemption price equal to their par amount plus accrued interest to the date of redemption on or before September 15; 1989 (the. "Redemption Date"). The basic payments to be made by the Company under the PHA -insured mortgage loan provided for in the Financing Agreement are fixed so as to produce revenue sufficient (together with revenues derived from the Investment of funds and accounts relating to the Bonds) to, pay the principal of, premium, If any, and Interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Financing Agreement to First Trust National Association, In St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated August 1, 1989 (the "Indenture"). 5. Prior to the date of issuance of the Prior Bonds, the City approved and submitted to the Minnesota Housing Finance Agency ("MHPA") a "financing program" for the Project as required by Minnesota Statutes, Chapter 462C, and a3(-� .MHPA approved the financing program, and no new or amended financing program need be submitted to MHFA in connection with the issuance of the Bonds.. 6. Forms of the following documents have been submitted. to this Council for. approval: (a) the Financing Agreement; (b) the Indenture; (c) an Amended and Restated Regulatory Agreement, datedas of August 1, 1999 (the "Regulatory Agreement"), between the City and the Company; and (d) the Purchase Agreement. 7. it Is.hereby found, determined and declared that: (a) the Project described In the, Financing Agreement end Indenture referred to above constitutes a multifamily rental.. housing development authorized by the Act; (b) the purpose of the Project is and the effect has been to promote the public welfare by providing additional decent, safe and sanitary rental housing opportunities for low and moderate income persons within the City; (c) the Project Is located within the City limits; (d) the refinancing of the Project, the issuance and sale of the . Bonds, the execution and delivery by the City of the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the indenture and of all other acts and things required under the constitution and. laws of the State of Minnesota to make the Financing Agreement, the Purchase Agreement, the Regulatory ,Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are.authorized by the Act. (e) it is desirable that the Prior Bonds be redeemed and that the Bonds be issued by the_Clty upon the terms set forth in the Indenture;. (f) the basic payments under the FHA insured mortgage loan provided for In the Financing Agreement are fixed to produce revenue sufficient (together with earnings derived from the investment of funds and accounts held pursuant to the Indenture and together with cash deposited by the Company and held by the Trustee) to provide for the prompt payment of principal' of, premium, If any, and interest on the Bonds issued under the Indenture when due,and the Financing Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project,, Including, but without limitation, adequate 2 237 JUL 25 '89 1601 HOLMES & GRAVEN r. Y..l Insurance thereon and insurance against all liability for Injury to persons or property arising from the operation thereof, and all taxes and special assessments levied opon or with respect to the Project premises and payable. during the term of the Financing Agreement and Indenture; (g), under. the provisions of the Act, and as provided in the Financing Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City Is not subject to any liability thereon; no holder of any. Bonds shall ever have the right to compel any exercise by the 'City of its taxing powers to pay any of the Bonds or the Interest or premium thereon, or to enforce payment thereof against any property of the City except the Interests of the City in the;Financing Agreement and FHAAnsured mortgage loan which has been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Financing Agreement and FHA -insured mortgage loan which has been assigned to the Trustee under the Indenture; the Bonds shall 'recite that the Bonds are Issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including Interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall, not constitute a debt of the City within the meaning of any constitutional or statutory limitation. S. Subject to the approval of the City Attorney and the provisions of paragraph 11 hereof, the forms of the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the Indenture and exhibits thereto are substantially In the form submitted. The Financing Agreement, Purchase Agreement, Regulatory Agreement and Indenture, in substantially the form submitted, are directed to beexecuted in the name and on behalf of the City by the Mayor and City Clerk. Copies of all of the documents necessary to the transaction 'herein described shall be delivered, filed and recorded as provided herein and in said Financing, Agreement, Purchase Agreement, Regulatory Agreement and Indenture. 9. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and at interest rates to be determined following marketing of the Bonds, but in Any event not exceeding a net effective rate of % per annum. The offer of the Bond Purchaser to purchase the Bonds at the price set forth in the Purchase Agreement, including accrued interest to the date of delivery at the interest rate or rates to be specified in the Indenture is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed In the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings, and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall 738 HOLMES constitute representations of the City as to the truth of all statements contained therein. 11. The approval ,hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto by the City Attorney and the5,City officials authorized herein to execute said documents prior to their execution-, said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any Instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the officers specifically named herein, any of the documents authorized by this resolution to be executed may be executed by a person authorized to act in their absence. 12. This Resolution shall be in full force and effect, from and after its passage. Passed: August 1, 1989. Mayor Attest: City Clerk (SEAL) STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that 1 have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City of Eagan duly called and held on the date therein Indicated, insofar as.such minutes relate to the authorization of the issuance of the $ Multifamily Housing Revenue Refunding Bonds (FHA Insured Mortgage Loan - Coventry Court Apartments project), Series 1989. WITNESS my hand and the seal of said City of Eagan this day of August, 1989. (SEAL) 4 z3 City Clerk City of Eagan, Minnesota MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 28, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MWCC UPDATE Enclosed on pages AV through �1/is an update prepared by the MWCC for the plant expansion project. This information relates to the issues Betty Bassett intends to raise during her discussion as an Old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. ARTICLE/GOVERNING MAGAZINE A magazine entitled Governing the States and Localities is a publication of Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts �-f�J from our interya The article is N copied and enclosed on pages through for your review. July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report required by Section 3.2(d) of the City-MWCC Development Agreement. The Plant Expansion project is proceeding on schedule. The Site Preparation contract is projected for completion during August, 1989. The general Plant Expansion contract has been awarded. Construction is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving input from the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building. An engi- neering design contract has been awarded to HDR/OSM, and preliminary design will begin this month. The project is proceeding on schedule. Chemical treatment has been, and will continue to be, used at the Seneca Plant for odor control. Chlorine is being added to the influent wastewater at the Seneca Plant headworks area. Potassium permanganate is being added to the sludge feed to the belt filter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page Two July 24, 1989 Modifications to the carbon scrubber unit at Meter 500 have been made to eliminate short-circuiting of gas. Performance has been excellent since these modifications were made. A chemical scrubber is being installed at Meter 500 to operate in series with the carbon unit. This should further improve odor removal efficiency. These improve- ments will be operational by October 1, 1989. We were notified on Monday, July 24, 1989, that one of the residences in the Wuthering Heights area south of the project site was no longer able to get water from their well. We are currently working to verify that the loss of water is a result of dewatering activities at the Seneca Plant project site. If the loss of water is a result of construction activities at the plant, a service connection to city water will be provided. In the interim, arrangements have been made for bottled drinking water delivery to the residence. A project bulletin has been developed to update interested parties on the status of the plant expansion, odor task force, well testing and other activities at the Seneca Plant. This bulletin will be mailed in early August to local residents, the City of Eagan and other interested individuals and groups. The purpose of the bulletin is to improve communication with area residents and the City of Eagan. If you have any questions, please contact me. Sincerely, T° ' Gordon 0. Voss Chief Administrator GOV:BP:hw CC: W. Haapala, Director of Operations E. DeLaForest, Director of Engineering/Construction D. Madore, Director of Quality Control J. Corcoran, Assistant Director Regional Facilities L. Bartscher, Assistant Director Regional Maintenance J. Wawra, Plant Manager, Seneca W. Moeller, Interceptor Manager J. Matross, Associate General Counsel P. Ferguson, Director of Public 6 Community Relations z�v MWCC PROJECT BULLETIN A Publication From The. Metropolitan Waste Control Commission Seneca Wastewater Treatment Plant Expansion — Summer 1989 229-2100 Expansion includes $4.5 million for odor control Shte preparation is well underway at the Seneca Wastewater Treatment Plant in Eagan as workers by the groundwork for a three-year expansion and upgrade project now estimated to cost $68 million. The expansion and a concurrent solids handling project include $4.5 million in odor control improvements. Doug Warner, project manager for the Metropolitan Waste Control Commis- sion, expects site preparation to be com- plete in August and construction to begin in August or September. All sys- tems are expected to be operating by the fall of 1992. Approximately 700,000 cubic yards of dirt will be moved this summer — enough to bury a football field 500 feet deep — to make room for additional treatment tanks and other improvements. When work is complete, the plant's treatment capacity will increase from 24 to 34 million gallons per day. The expansion and upgrade is necessary to meet growing demands for develop- ment in Eagan, Burnsville and Bloomington, and to comply with ever more strict water and air quality stand- ards. Approximately 700,000 cubic yards of dirt will be moved this summer. "The expansion and upgrade include a number of odor control measures," Warner said. "We'll now be covering and containing odor in the headworks area where the wastewater enters the plant, covering the primary clarifiers, and then collecting and treating the odorous ventilation air from all these areas." The new odor control system includes a wet scrubber followed by two carbon ab- sorption units housed in a separate build- ing that is part of the expansion. Two other significant aspects of the ex- pansion include adding a dechlorina- Odor committee shares concerns Su months after it began, a unique committee comprised of staff mem- bers from the Metropolitan Waste Con- trol Commission, the City of Eagan and Eagan residents is well underway in a combined effort to improve communica- tion and resolve concerns surrounding the Seneca Wastewater Treatment Plant. The Seneca Odor Control Advisory Committee — aptly named after one of the group's goals — resulted from an agreement between the MWCC and the City of Eagan to allow local input on matters of public concern. Continued on reverse eA43 tion unit and "super saturating" the treated wastewater with oxygen. The de- chlorination unit will neutralize residual chlorine added to the wastewater to kill bacteria. "Super saturating" the treated wastewater with oxygen will reduce the treated wastewater's impact on the river, reducing its demand for oxygen from the untreated river water. More odor control measures are planned as part of the concurrent solids handling improvement project. This project also includes the installation of afterburners and wet scrubbers to treat incinerator exhaust. The incinerator improvements were among the recommendations of a con- sultant hired by the MWCC to study oda control. The consultant, Malcolm Pimie, Inc., said the afterburners would further reduce emission odor and that wet scrubbers would further reduce ex - hast particles. As a long range goal, the MWCC is planning to reduce Seneca sludge incineration by more than 50 per- cent by developing marker for land ap- plication of sludge. Advisory committee shares concerns Continued from front Group members estab- lished four principle goals during initial meetings last winter and spring: • to provide for infor- mation exchange and open discussion; • to provide a forum for preview, review and updates of con- struction progress and status; • to review odor com- plaints; and Committee members Include Fagan residents and representatives of the MWCC and City of Eagan. • to resolve potential conflicts and dif- ficulties by more effective com- munication. Bob Polta, MWCC air quality manager and the agency's designated contact on the committee, said, "We've had some wide-ranging discussions, but the com- mittee has certainly provided a forum for residents to raise their concerns and allowed us to actively respond." Other members of the committee in- clude two residents from Eagan's Wuthering Heights neighborhood, one Eagan resident at -large and one repre- sentative from the City of Eagan. Two committee positions that were of- fered to the Silver Bell/Cedarvale busi- ness community have not yet been filled. The MWCC has also been represented by additional support staff from en- gineering, construction, oda control, community relations and from the plant itself. Several officials from the City of Eagan have also attended at times. Karla Eggink, MWCC staff engineer and oda control specialist, pointed out that the MWCC is investing $4.5 mil- lion on odor control equipment in the current expansion and improvement project. "People are comfortable bringing their concerns forward We may not always have a quick answer, but we're com- mitted to finding answers and reporting them back at a later meeting; she said. Call the Odor Response Line The Odor Response Line drew one dozen calls in its fust three months of existence. Community Rela- tions Officer Pauline Langsdorf en- courages residents to use the service. "All the complaints are reviewed; she said. "We need to know where and when the odor is noticed to deter- mine the source. We chart the calls on a cumulative map and study them to see whether adjustments are necessary in the system. We want people to know we're taking steps to improve To report odors, call the MWCC Odor Response Lihe 34 Im.. 'd.n. ••..• 290-6757 the, situation." The Odor Response Line accepts calls 24 hours per day, seven days per week, she pointed out. Well test results due back soon Results are due in late July from a second set of well tests initialed by the Metropolitan Waste Control Com- mission to determine the quality of water in residential wells bordering the Seneca Wastewater Treatment Plant. Residents had requested that their wells be tested before construction began to establish a baseline for monitoring the effects of the plant expansion. The second test was also requested by area residents after a small but detec- table amount of organic material was found in some wells during initial test- ing Iasi spring. "The second test is being conducted to verify the initial results," said Rebecca Flood, MWCC regulatory compliance manager. "It's a goodwill gesture, really, in the ongoing effort to be a responsible neigh- bor. When the second test results are in more information will be available to the Dakota County Environmental Health staff to determine the source of the organics," Flood said. Water samples were drawn June 28 from nine wells near the treatment plant. A second laboratory, PACE Laboratories, is conducting and analyz- ing the tests using the same method ap- plied in the first sample. At the residents' request, results from the lest will be mailed directly from PACE Laboratories to interested' homeowners, the City of Eagan and the Dakota County Department of Health as well as to the MWCC. In a related matter, Flood said the MWCC has installed two sets of obser- vation wells near the Minnesota River to monitor the effect of the plant expan- sion on the groundwater level at Nicols Meadow Fen. The wells are set at depths of 20 feet and 70 feet Data will be studied to as- sure preservation of the fen, a protected wetland. MEMO TO: HONORABLE MAYOR E CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR'HEDGES DATE: JULY 31, 1989 SUBJECT: ADDITIONAL INFORMATION FOR AUGUST 1, 1989,, CITY COUNCIL MEETING PUBLIC HEARINGS' D. Project 572, Lexington Way - Street and Trunk Water Main -- Please include attached page 55A as part of the staff discussion on Project 572. OLD BUSINESS C. Request by Betty Bassett to Further Discuss Seneca Waste Water Treatment Plant--Kristi Marnen, Planner I, prepared minutes from 'the July 12, 1989, Seneca Odor Control Advisory Committee Meeting, and for a copy of those minutes refer to the attachment without page number. For more ease of readership, Kristi has cross- referenced the minutes by identifying a certain issue and number with the same issue and number identified in her report on pages 152 through 155. NEW BUSINESS G. Ordinance Amendment for Trail Dedication Requirements --The ordinance amendment to be considered by the City Council has been thoroughly reviewed by City staff and heard by the Advisory Planning Commission and is in order for review and consideration. This item has not been reviewed by the Developers Task Force and if there is an interest by the City Council to refer the issue to that advisory body, it will be necessary to continue the ordinance .amendment to a September City Council meeting. INFORMATIVE As a .part of the Informative memo, an article from Governing Magazines was to be included. Pages 243 and 244 were erroneously included as the article page numbers; however, both pages were to be included with the MWCC Update item in the first paragraph. We apologize for any inconvenience this may have caused. Enclosed and referenced as pages 245 through 251 is the article from Governing, Magazine. /s/ Thomas L. Hedges PUBLIC HEARINGS D. Project 572, Lexington Way - street & Trunk Water Main --In the consideration of the proposed street improvement for Lexington Avenue, there have been several questions raised as to whether Lexington Way should be upgraded as proposed with a connection to Lexington Avenue or whether it should end in a cul-de-sac on the north end. This issue was first raised at the Council meeting on December 16, 1986, during discussion of the final plat approval for the Lexington Hills Addition apartment complex located on the east side of Lexington Avenue. Due to the apartment's proposed access on to Lexington Avenue, there was a requirement with support from staff and the City Council to cul-de-sac the north end of Lexington Way with development of the church property on the east side currently being processed as the Eagan Evangelical Covenant Church Addition which was formally reviewed by the Planning Commission on July 25 with Council consideration to occur on August 15, 1989. With the provision of this cul-de-sac, there are references to the developer (Jim Curry) committing to a financial participation of $15,000 for its construction and a requirement for an east/west 'street or semi-public access between Lexington Way and Lexington Avenue through the proposed Evangelical Church development. With the preliminary plat of the Evangelical Covenant Church being considered on August 15, it may be appropriate to continue this public hearing until that same meeting to discuss both issues concurrently. In the meantime, staff will try to research the status of the escrow and the County's current position regarding the cul-de-sac and church access on to Lexington Way. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 31, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MACC UPDATE Enclosed on pages 2-L throughis an update prepared by the MWCC for the plant expansion projec . This information relates to the issues Betty Bassett intends to raise during her discussion as an old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. A magazine entitled Governing the States and Localities is a publication of, Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts our interview. The article is copied and enclosed on pages through_ / for your review. /S/ Thomas L. Hedges City Administrator July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Pau), Mini;d%ta 55101 612 222-8423 =ra Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report i•equire'd by Section 3.2(d) of the City-MWCC Development Agreement. I 'r The Plant Expansion project is proceeding on schedule:-" -The bite Preparation contract is projected for completion during August, 5989. The general Plant Expansion contract has been awarded. Constrdcttion is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving=input'4rom the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building:`- Ati-eligi- neering design contract has been awarded to HDR/OSM, andA pielimiAary design will begin this month. The project is proceeding on schedule. a Chemical treatment has been, and will continue to be, used at tthe Seneca Plant for odor control. Chlorine is being added to'rthe influent wastewater at the Seneca Plant headworks area.-;''=gotas'hum permanganate is being added to the sludge feed to the b23t f -1 -ter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER GOVERNING How WE SPENrI, THE 19806: A PRE -CENSUS LOOK AT A CHANGING AMERICA Immigration, inner city decline and an aging population create issues that will preoccupy local policy makers for years. By Rob Gurwitt On the edge of downlou-n St. Paul, Minnesota, a half mile from the marble dome of the stale capitol, stands one of the most striking outposts of demographic change anysyhere in America. it hardly seems remarkable at first: a public housing project with a single brick high-rise and a collection of box}' apartments in tired browns and greens, scattered over a small hillside. On a warn day in late spring, young children play in the tiny yards that border the apartments, and an old woman stands watching the occasional car pass by. A few hundred yards away, traffic shuffles into a freeway construction zone. This is nn ordinary urban backwater, though. Most of the children who cone spilling out of the school buses that pull up in mid-afternoon are the first in their families to go to school—any kind of school. Few of the people driving through the neighborhood had even well a car 10 Yeats ago. The old women, with cloth coils resting on their heads and delicately traced traditional clothing oil their backs, could have stepped out of a Southeast Asian village. Which, in fact, they did. There are almost 300 families living at Mount Airy Homes, as this project is called, and more than 90 percent of them are limong refugees from the hills of Laos. They are part of a small flood of llmong M-110 have arrived in St. Paul over the course of this decade. They represent a single piece of compelling evidence about how dramatically the face of America has changed in the nine years since the last census. During the 1980s, the United States has become more deeply multi-ethnic and culturally diverse, as Asians of all nationalities have moved into Fresno and Sall Lake City, Chicago. Los Angeles and Seattle, Honolulu and Provi- dence, while from the south Mexicans, Haitians, Salva- dorans and other Central Americans have streamed, legally and illegally, over the border. That tidal wave of immigrants is only, the runs[ dramatic manifestation of how unsettled this counlry's human landscape is. The landscape has also been shifting in oliler, subtler ways over the past 10 years, even in a cnmparn- lively placid corner of the Midwest. A few miles west of Mount Airy Homes, in Minneapolis, race relations and racial issues have taken on new currency as the cilds minority population grows beyond its traditionally minus- cule dimensions. Older suburbs along Minneapolis' borders, unrried about the aging of their populations, are struggling In attract young farnilies just when the nonhers of vnung people moving into the housing market mac be declining, Meamyhile, to [lie south, 10 miles dorl'n the freeway that passes by Mount Airy Ifomes, a tier of new suburbs mound the tmvn of Eagan tries to come to terms with storming growth. Similar shifts are changing the character of central cities and their suburbs all across the counlrl. And as they do, they are creating issues that will preoccupy local policy makers for years to come. The first chance In gauge these .changes fully and accurately won't come until well after next year's decennial census is taken. Although sonic preliminary numbers should be not by the end mf 1990, detailed results will not be avallable until 1991 or 1992. Still, even before the census is completed, -it's possible to answer some crucial questions. The U.S. Census Bureau's Current Population Survey gives generally reliable infor- mation about population shifts at the national and regional levels. Local and slate officials who want to follow their changing communities use birth and death statistics, school enrollment information, driver's license transfers for people moving into the state, construction permits and occasional surveys to gel a notion of whal's happening on their lurf. Listening M them, looking around It a Variety of neighborhoods and communities, one can piece ingelher 26 GOVERNING Auguel 1989 7�� AA.A, a,n ilhwwmn GOVERNING America Crows Slates ianIced by population size, 1986 and 1990, and by percentage change. 1986 Rank/§Ae logo Rank/Siale Percentage Change 1986.1990 I- California 1. California 1. Arizona 13.1 2, New York 2- New York 2. Nevada 11,7 3, Texas 3. Texas 3, New Hampshire 11,2 4. Pennsvlvanla 4. Florida 4. Neu• Mexico 104 5. Flnrida S. Pennsylvania 5. Florida 9.R 6. Illinois 6, Illinois 6. Georgia 9.2 i. Ohio 7. Ohio 7. Alaska 8.0 9. Michigan 8, Michigan 8. Callfnrnia 7.9 9. New Jersey 9. New Jersey 9. Hawaii 7.4 10. North Carolina 10. North Carolina 10. Utah 6. i .�ll Georgia 11, Georgia 11. Virghlin 64 12. Massachusetts 12. Virginia 12. Texas 6-2 13. Vlsglnia 13. Massachusetts 13. Maryland 5.9 14. lndlant 14. Indiana 14. North Carolina 5,6 15, Missouri 15. Missouri 15. Delaware 5,2 I6. Tennessee 16. Tennessee 16. Cnlnrado 5.1 17. Wisconsin 17. Wisconsin 17, South Carolina 5.1 18, Louisiana 18. Maryland 18. Washinglon 4.4 19. Maryland 19. Washington 19. Vermont 3.9 20, Washington 20. Louisiana 20. Ne., Jersey 3.7 21. Minnesota 21. Minnesota 21. Tennessee 3.5 22 Alabama 22. Alabama 22. Maine 3.3 27, Kentucky 23. Arlwna 27. Alabama 3,2 24. South Carolina 24. kentucky 24. Mississippi 2.8 25. Arizona 25. South Carolina 25. Connecticut 2.8 26 Oklahoma 26. Colorado 26. Rhode. island 2,8 27, Colorado 27. Oklahoma 27. Minnesota 2.6 28. Connecticut 28. Connecticut 28. Oregon 2.5 29. Iowa 29, Oregon 29. Missouri 2.5 30. Oregon 30. IowA 30. Arkansas 2.3 31. 1,11nlsslppl 31. Mlsslsslppl 31, Michigan 1.6 32. Kansas 32. Kansas 32, Idaho 1.4 31 Arkansas 35. Arkansas 33- Kansas 1.3 34. West Virginia 34, West Virginia 34. Indiana 0.8 35. Utah 35 titab 35. Massachusetts 0.8 36. Nebraska 36. New Mexico 36. Illinois 0,5 37, New Medco 37, Nebraski 37, Wisconsin 0,5 38. Malne 38. Maine 38. Kentucky 0,4 39. Itawall 39, New Hampshire 39. Ohio 0.4 40, New' Hampshlre 40, Hawall 40. Loulslana 03 41. Idaho 41, Nevada 41. New York 0,0 42. Rhode Island 42. Idaho 42, South Dakota 0.0 43, Nevada 43. Rhode Island 43. PenisyNanla -0.5 44, Monlani 44. Montana 44. Nebraska -0.6 45. South Dakola 45. South Dakota 45. Oklahoma 46 46. North Dakota 46. Delaware 46- Wyoming .1.1 47. Delaware 47. North Dakota 47- Montana -1.7 48. Vermont 48. AlaskA 48, North Dakota -2.8 49. Alaska 49. Vermont 49, West Virginia a,2 50- Wyoming 50. Wyoming 50. Iowa -3.2 Soars': U.S. Bureau of the Census esOmdes and protection$ 28 GOVERNING August 1989 �(/J- clues Irl %%tial the cruses is like]) hl r(•v('al. For those purlx)ses, Ile A1inneapolis-SI. I'aul arca is a goal place In start-1wrausr it isn't uni(pm, curl has been changing at about the same pace as the country as a whale. l'he areas eslimiled 9.3 percent gmuth between 1980 and 1987 pal it smack in the middle of [lie 25 largest metropolitan areas in the cnnnlry. That is onu-here near I'ho• nix's dramatic 29.8 percent population bard, bill also quite a contrast to Pittsburgh's 5.2 1wreenl decline. Equally important, more is known about Ihr Twin Cities in Ibis decade than alloul most places, I)ecause the Minnesota demographers office and the Metropolitan Council in SL Paul are among the most knowledgeable agencies in the cnnnlry alBml their men eilizrns. AI the time of Ibe 1980 eellsus, the Illoollg were a minor curiosity in SL Paul, Although Ihey end started to arrive in the cite a 0111pIC of years Intfore, they were still a sidelight In lhr somewhat heavier, and Iwtler publicized, influx of Vietnamese and Canrl"lian refugees that had begun in 1975. In all, Ile last census turned np allow 5,3(10 Asians and Pacific Islanders living in the cily, a bare 2 perecnl of the populatinn. Ili the intervening nine years, the Ilnlong leave fallen full weight oil the cit) 's cnnsciansness, According to the stale refugee assistance division, there nre now 9,5(X) Ilmong living in S1. Paull and surrounding Ramsey County, with another 5,5(X) elsewhere in the stale- Southeast Asians as a whole faun an estimated 5.5 percent of the city's papula- tion. Asian children, most of 16cn1 Ilmong, have become the St. Paul school system's largest single minority group, making up 16.4 percent of its student body, Thnl proportion is likely to rise One of every four kindergarlocrs in the puhlic sch(ads next year, says Ceorge Latimer, SL Paul's mayol, will be Ilmong. The arrival of the Ilmnng in Minnesota is purl of a broader expansion of American cullural diversity during the 1980%. In a one-year period during 1986-87, Southeast Asians accrnuded fnr more than 60 percent of the counlry's legal immigrants, and between 1975 and 1986 some 846,000 entered the country. The 1980 census counted some 3.5 million Asian Americans; accord- ing to the Population Reference Bureau, a privale research group in Washington, D.C., next year's head count will find upwards of 6.5 million. And recent projections of the Hispanic population show it climbing to 21 million, from the. 15 million counted by the last census_ If there is one particular target for lwople arriving from abroad, it is California. In 1986 Bud 1987 alone, according to the U.S. Immigration nod Naturalization Service, that slate drew 130,(XX) legal immigrants, followed by Nese York with 224,(XX), Texas with 84,0(10 and Illinois with 52,(XX)- At the GOVERNING Inunlg ha.c had to adjust to Sl. PWII, and it I'll aua la nup+s -..-._..__ _._ public Iusing to, could steam rice, and pr+duced a I I lnnng-Innguage ridellni c m ml housecleaning. lisle of till. 1980 census, California was 19 lieFcent Ilispwlic and 7 percent Asian. Next year, Il,(- slate's I'npnlalion Research Vuit forecasts, the stale will he 25 p ereenl I lispaaic and 10 percent Asian. Gdifurnia's formidable gnlw•th is fueled in large part by people arriving from abroad. Each year, according to the 1'apulatu'll Ilewarcb hail, the stale eels $IMI,INNI migrants, of wborll 21MI,I1IMI are legal or illegal inulligrauls. l'he rest curve frons elsewhere in the Llniled Slates. A decade agn, the stream was split evenly between domestic and foreign migrants; 20 years ago) 'when sunk 250,000 Ileoplc Were moving inin the slate, 70 parecnl of Ihcnl came from Other stales in Il,e United Slates. In hliunesldo's case, I+ecauu the stale has llcen so Iborongbly while and elbnically European—whiles made up 96 li percent of the pllpulatioo in 1980—ille large tonnliers of Ilmong are Ixnuul to have a significant effccl. Tile uCnnuYs and values brought by Norwegians, Swedes, Ccrmans and Poles worked their way fairly easily tnlo the Al1lCrlc'a11 nlaiustrcanl. That has not been the case will, a p-ople arriving from the secluded hills of 1'305 w'bo have had little co llact with Isle West, lel alone will, cilics, 111411 ell, l'nllvelllellt'e5 lir w'1I11Cr. silkily, lilt. Ilmong presence Inas leen muted among the puldir• it large. To be slue, the telephone• Ixlrlk has taken ,,it a nave musical grlality, wilt the coluuuls of I'cdersous and Jensens jtlined by names such as filing Ying Xiong and Alai %,ang—aluug will, 169 olher Xiongs and 292 other Vangs. But 911 percent of St. Pant's Ilmong live in traditional public housing complexes. As a result, says Amy Crasefnrd, Mayor Latimer's liaison 10 the Southeast Asian connnanity, •lhey're self-contained, and not integrated into homes in lite neighlwrhoods in the way Thal other financially disadvaolaged or peaple of color are.-' Ilmong make up more Ilion three-fourths of the residents of St. Pauls four public housing projects. Where the impact of the 1111nong has unquestionably been fell is among lite public officials who have l,4 ileal with thein. English language programs for schad-age children as well as adults Imve become a staple of the public scblxd curriculum. A Leavy percentage of the fltnong Ilopulation is dependent on public funds, ill the form of refugee and general assistance, along with Aid to Families with Dependent Children. The city's police force now has six Ilmong officers. This influx of people from a radically different back- ground, many unable to speak English, has poised an unfamiliar set of challenges for the city. Latimer Wallis Sl. Paul In approach them with a sort of institutionalized hlidwestenl good will: "We need to Beal directly with that comtinnlity un their terms, Ilimugh their organizations and cldlute." he says. "We. need In upgrade all of our Ideal ��� GOVENNINO August 1989 29 s,.,. it,."I rLmp p4.w.11A GOVERNING Art Trend,, ell. a count' human ser%ices planner in St. 11nul. nn s john and educational opportunities ncenunt for much of the Rromb of the block populntion there. services to respond to collural differences. -- For city employees who deal directly with the Ilmnng, the concerns are more down In earth. The cityhousing autlinriiv, for example, insists on good housekreping by its lvnants; it even inspects the homes of applicants. Erik -Paul Sallmen, the anlhnrilv's rental administrator, points out that Ilmnng notions of cleanliness don't abeays measure up, "We know about Alr. Clean and scruh bruslos and vncuam cbenners." he says. "In Lans, )nu cap do quite well %with a hrnnnn." Since that docs not meet Sl. Paul slandards, the city has produced a Illnng-language xideolape on hrost-clenning, American style. The mikenver of the city's public housing populatirnt did tint, of comae, happen overnight, nor was it painless. Blacks, Indinns, I'lispnnics and poor whites liver) in the projects before the Ilmrnng arrived, and the groMh of the Ilmnng,populalinn aronsed tension among old-timers, who began to accuse the city of playing favorites. -'There's a tremendous difference between the %way blacks and Asians are perceived," says Art Treadwell, a human services planner far Ramsey County. "Blacks are more aggressive, overt and demmnslrathe in their behav- ior patterns, %which generally is mel %%'ith a low tolerance level. Southeast Asians are the opposite: They're very protective of the famih', they're quiet. In a public housing sitnatinn, where you ha%'e several groups vying for space, %%hen the fingers gel pointed, they don't get pointed at the people who are minding their own business,'- Sallmen, althrnngh he calls the Ilmnng "a boom" to the housing authority, denies that there was any official policy to stuff the projects %%ilh them at the expense of blacks. "B% their silver volume, they hasically look over the waiting list," Ile as%'S. 311 COVERNINr7 Aninest 19A9 c %/J Sfill, it raises the ques- tion of what hap- pened to the blacks who used to make up a majority of the residents at Mount Airy and similar pul. lie projects. Some, suggests Treadwell, 1%01111(1 up on the streets; others may have found different publicly fi- nanced hn nsing, Still others moved to Minneapolis. Certainly that city, like St. Paul, is losing its overwhelmingly while com- plexion. In Minneapolis, though, many of the inuni- grants_ are black, and come from within the United Stales. In 1980, the cih' %vas 7.6 percent black. Though there are no reliable figures for the city's current racial makeup, its public schools gained about 3.5W black students between 1980 and 1987, pulling the propor- lion of blacks in the system from 19 percent at for leginning of the decade to 28.4 percent in 1987. The rice in Minneapolis' black population has sparked a drhale over where the new residents are mining front, and %why. Dick Ileath, the city's acting planning director, puts it this sexy: "There's a host of reasons why %we've seen grn%wlh in the minority poor, and the one von pick tends to be a sign of your political philosophy. If you re lilernl, )nu say it s for a job; if you're conservative, Ws for the welfare benefits." Mail) reports that the city -s AFDC population grr%%' aloof 4 percent a year between 1982 and M6. School board statistics on entries into the system shn%% contingents coming from Chicago, Gary, Sl. Louis and Fast St. Louis, all of them Midwestern cities with large concentrations of prior blacks. In the first half of the 1988-89 school year, a fall fifth of the transfers into the Minneapolis public schools came from those four cities. On the other hand, Chicago and St. Lnuis Neve large white populations; some of the people moving to Minnea- polis from those cities in the past decade. clearly were while_ But if the notion of poor blacks migrating from faded inner cities to less bleak communities is plausible to many, it contradicts experts' wisdom about the migration patterns of the poor. "The common assumption is that the underclass in inner city areas is non-mobile," says Reynolds Farley of the Census Bureau. "They lack the skills to get greed jobs, and are reluctant to move if they're already getting transfer payments At the same time, Farley has used 1980 census data to document the movement of educated blacks from one region of .the country' to another in response to the urgings of the job market. Blacks may be corning to Minneapolis seer, nn,;rr;..... e,�mp pds,nv pb GOVERNING for the sane reason. That is the TO a gre interpretation that Ramsey (booty's Art Treadwell and the decline others attach to the increase in Center' the black population of lire Twin Cities. "'I'lie black raid- stock can dle class )here] is growing," the agl Treadwell says, "and of [be growth in the absolute numbers homeowner of blacks in the last 10 years, a significant portion isasa resell of jobs and otter educational opportunities. ' If there -has Leen a shift of inner city blacks from older Ilust Ilett cities to less traditionally black areas, it might he expected to show up in other cities besides Minneapolis. It has. ktihvaukee is another place where the black popn]a[ion has grown. A special census taken in 1985 showed that since 1980, its black population had increased by 5 percent (to 153,M)), while the while population had dropped by 27,M)13111 it's not clear how much of the ;lack growth was due to natural increase and Low much to migration. Even so, the increase has touched off a debate as to whether one of the causes of the growth is l4tisconsin's re.lalive]y generous welfare benefits. Elscwliem, there is mixed evidence for black migralion to heavily while Midwestern cilics. In Omaha, a 1985 city-phuuring study showed a 41 percent growth in the area's minority population since 1980, bill its results are looked on rvith sono suspicion by other planners. In Des Moines, public school enrollment Inas consistently leen a lillle inure than I I percent black IhrougLont lbe decade_ S be ng s T IIe 1980s have marked a decade of cautioned growth for metropolitan America in general. The lost census hinted that such grmwl6 might be leveling off, as rural areas actually grew faster Ilan metropolilan areas during the 1970s, 9'Le 1980s have reversed Ila[ shun -lived trend. Metropolitan popnlaliun grew 8.5 percent belween 1980 and 1987, according to Census Boman estimates, compared with an increase of un])' 4.1 percent in non -metropolitan areas. But [Ire metropolitan growth has leen virtually all suburban; mast central cities, especially in the Northeast and Hlidwesl, have Leen fortunate to hold even. Since its peak. in 1950, Minneapolis has been losing papolalinn, from 521,) that year to 371,000 in 1980. According to Heath, the rale of loss slackened after 1978, but "there's a little uuc;isiness as to whel6er it hasn't begun to steepen again in the last few years," Nationally, the most recent ('.ensue Bureau survey showed central cities losing about a million people altogether between early 1986 and early 1987, and Midwestern cities. as a whole lost 1-4 percent of Ihcir population between 1980 and 1986. Western and Sondherm cities, on the other hand, grew faster [Lan lite national population groswth rale, in part through annexations. Officials in bulb Minneapolis and Sl. Pan] are worried that the people wbn are moving out are disprnporlionalcly white and comfortably off. The census that will Le ,taken in 1990, says Ken Ford of the St. Paul Planning Office, ..will probably slow [flat we extent, still have a solid middle class, Brooklyn bill a larger population below the poverty level and greater housing polarization inn income between the city and the suburbs, as traced to well as within the city." of the Just outside the borders of Minneapolis, in the.city's inner themselves. suburbs that were settled just after World War 11, there is a m- different problePlanners there are not concerned aboul people leaving. What they worry about is too many people staying. III Brooklyn (,enter, a city of 30,000 that sits astride Minneapolis' northwest corner, a recoil survey of residents found lie median age to be 43.9 years, well above the national figure of about 33 and somewhat higher than in other inner ring communities. As newer suburbs fill up with young condos who have moved out from the city, Older towns like Brrmklym Center and its neighbors are finding that the housing slack that might help them compete for this fresh blood isn't emptying cod as fast as they would like.M -"Must (If the issues we're facing now are about redevelopment," says City Manager Jerry Splinter. It's IIIc older section of lows, in the southeast, that most concerns Splinter and otburs. This is a neigbborbowd of close]y spaced, World War 11 -era duplexes all(] somewhat newer ramblers, with sinall lawns, Lilly gardens and flags flying front poles ower the front doors. Aluminum fishing boals with shall outboard molors sit on trailers in the driveways, and on a few garages there are worn basketball backboards missing Iotli hoop and net, a sure sign of children grown r111) and moved out here and there, tiny garages with peeling sea -foam green or chalk -blue paint lean crazily, next to almost equally ramshackle houses. "Those are the kind of structures that should be removed," says Phil Cohen, a former Brooklyn (,enter mayor, on a drive through the southeast neigbi-mboxxl. 'rhe city has embarked on an ambitious program tet IT), to keep up its Olde- IInnsiug suck tbrongh strict enforcement of maintenance codes or, if all else fails, buying liouses and either rehabilitating them or knocking them down and starting afresh. "if we did notbillg, 10 years from now we'd have a deteriorating community that we could do nothing aloul , says Callen. To a great extent, [lie decline in Brooklyn Center's housing stock call le traced to the aging of the homeown- ers themselves. "We're poking at the possibility that as 'enrply nesters' get older, they can't lake care of their Lnoses as well," says Splinter. Moreover, adds development coordinator Brad Iloffman, a concentration of older residents in a large section of a city can have other consequences: "As those people dominate a neighborhood, d, it leads to the death of the school district," he says. All of this makes it increasingly difficult for the city to attract new home buyers and businesses, bill Brooklyn (:enter is determined not to lose out in the metropolitan area competition for butte. its solution has leen to find at in ,Z 6 GOVERNING August 1989 31 GOVERNING ways to finance new condo- Ea miniums and apartments for �- senior citizens along the edges pto fgur fd. of the oneighborhood, giving OI service a place to move where upkeep isn't an issue and the If 3 000 familiar comforts of home— churches, doctors, stores and can the clubs—don't have to change. Snow 9'lie strategy seems to be work- ing, lounger families are mm ing into some of the vacated homes, attracted by low prices that, in the older parts of Brooklyn Center, average around $70,000 a (muse, which is roughly $5,000 to $15,000 less Than prices farther not. But ore demographic fact may staff such plans, in Brooklyn Center and elsewhere. As file general lopulalion grows Older, the number of young couples looking for The slarler homes that the Brooklyn Centers of the country have to offer is going to drop. That may he happening already in St, Paul, where the rale of absentee owners renting out their houses is rising. There is some speculation that they are homeowners wbr have traded up to larger hooses bill' are having trnuble finding young couples to buy their old houses. gan is t eoutw it must people city still in 10 II is rel Post Brooklyn Cenler and Sl. Paul that me aging, of cnurse: it is the country as a whole In 1980, according to the Census Bureau, the U.S median age was 30 years. In 1990, i1 will he 334. And as that number continues to go up, it will force some difficult problems cot the commnnilies that are growing older. In (lie suburb of Prairie Village, Kansas, a part of the Kansas City metropolitan area. City Manager Barbara Vernon is confronting the comhiilalion of age and afflu- euce. Prairie Village is a community with a strong cohort of wealthy, well-educaled and aging citizens. It has a strong hnusing tole enforcement program and rising pmperl)' taxes, Iss'in pressures that Vernon worries may prone loo mach of a burden for some elderly' residenls. The lone retirement facility proposed for the connionity is expelled In Ilace an entry fee of more than $100,0)0 and monthly charges of between $1,200 and $2,000, which will pill it out of the reach of all bot the rich. A county nutrition prograrn for the elderly and a city -administered grant designed to help senior citizens maintain their properly will lake sante of the pressure off, but it is not clear low' much tile)' will help in the long run. "AI this loiol, it does not appear that we are forcing seniors not of their homes," says Vernon. But she adds that the future is uncertain. A thousand miles cast, in the lush bomnghs of the Main Line outside Philadelphia, the elderly' population is getting larger with each passing year. "People are living out their lives in what ).Oil and 1 would call mansions and estates," says Clarks Cotlenplan, director of planning for Lower Merlon To\4TSInp, which lakes in a sizable number of Main Lille communities. Those u'ho leave home are moving into well-appointed "life -carr' communities in the area. For Cultenplan and his colleagues, the concern is not so 32 GOVERNING AORust 1989 �,6,6 tying much the well -In -do as it is the middle-income elderly, of hat level whom the area has a large number as well These people maintain. have too much money to qual- move In, ify for the township's one low- income. project, and, as a result, remove a special task force has pro - hours? posed several options, including zoning changes that woold al- low parts of houses to be con- verted to apartments for elderly family members, While Brooklyn Cenler and many of its contemporaries are worrying about how to attract new home bit hers, Eagan and the communities around it are trying to figure out what to (In with them all. In 1980, afoul 20,7M people lived in this suburb on the Twin cities' southern edge Its population has more than doubled since then, and it is expected to have almost 48,000 residents by the beginning of next year, This is instant]), familiar territory to anyone who has lived no the fringes of a metropolitan area. Fertile, rolling land with patches of forest separates coiled subdivisions of subdued homes in lan and gray. Swimming pools fill up the backyards, and (our -wheel -drives and boats—bigger atld newer than in Brooklyn Center—sit in the driveways. If there is a lown Miller, it's the giant slopping stall silting near the north-SOUth bighwa), that opened the area up for gro iii. Locnliot and suburban amenities have made Eagnn one of the fastest -grnscing communities in the metropolitan area. Eagao's attractiveness to residents at the higher end of the ihcome scale is only going In intensify in the ncar future. "Once a community gets hot, then everyone else x%anls In build there," says City Manager Ton Iledges. "It's Income so expensive, %chat with ]]all(] prices, that on one can afford to build starters." So while the median house price in the area is afoul $98,(X)0, lite houses being built now' lend to gn for upwards of $20f1,M). Regardless of who moves in, tete city has to scramble to provide services. It is trying to figure out what lewd of service it must maintain to do its job properly. "if vou've consistently been providing snow removal xvilhin 10 hours, and [lien 3,0M people move into new homes, can yn o still do it all within 10 hours?" asks fledges - AI the beginning of the decade, a hnre handful Of softball learns used a scattering of municipal parks and ball fields in Fagan. Now there are 18.5 softball Ieanis for adulls and another 220 youth learns of various soils for which the city has to provide space. "Every time we sec a green space, we look it over and ask ourselves whether we could get a soccer field or a ball field in there," says Ken Vraa. Eagan's director of parks and recreation. Probably the greatest impact is being fell in the local schools. There are between 1,100 and 1,2(X) additinoal students each year entering the Rosemount distriel, which takes in about a third of Eagan and a spin",] of olber booming suburban towns. That about equals one new high school's worth of pupils a year, and the district has been struggling to keep up. It is opening a nes% middle school GOVERNING and a new high school in the fall, and will soon break ground un two more elementary schools. "I don't know Ilnw long this can continue," says JoAnne Ellison, the schotd district's demographer. "Even opening the two elementaries, that'll only last us about two years." This is a fertile area in more than one sense. The Iluggies cartons piled at the end of driveways on trash day are le5linunty to the fact that the district is going 10 have to keep building schools for a while. There are some 180)0 children spread throughout the school system, and already another 9,3(10 pre-schoolers who will be entering it in the next four or five years. Demographics will only compound the situation in the 1990s. Ellison las found in her surveys that, contrary to now. The Denver area grew rapidly between 1980 and 1985, bill in the past few years the rate has dropped dramatically, hampered by a recession caused by the collapse of the oil and gas industries, a shakeout in high-technology businesses, and agricultural problems. The drop in the rale of growth comes despite Denver's attractiveness as a location. The twin blessings of sunshine and mountains had given local boosters a deep-seated faith that people would flock there no matter what. But as one Colorado official puts it, "In the last few years, a lot more people have left Denver than moved here. Now, the mountains haven't moved farther away, and the sun isn't shining any less; it has to do with the ability of a metropolitan area to support its people." Denver's situation is a reminder that the grand sweep of numbers measur- ing growth and decline over a decade can hide Ilse most interesting local sto- ries. The 1990 census will show, for example, that sub- urban Aurora, just east of Denver, grew al an as- tounding pace during the 1980s. What it will not show is that in the past year or so, Aurora may actually have lost population. By the same token, knowing that metropolitan San Diego grew 23 percent between 1980 and 1987 may be less important than knowing that the northern part of the county was attracting middle-class home buyers from more expensive Or- ange and Riverside coun- ties, while the south was drawing Hispanic and Asian immigrants who couldn't afford to live anywhere else in the area. The demographer's art—and the policy maker's burden— lies in discerning the subtleties behind the big numbers. It is an art, because the demographer who pursues the numbers imaginatively creates meaning. it is a burden, because every change affects the community in which it occurs, and public officials have to deal with the results. Streams of Hmong displace others in need of public housing. A rising black population forces officials in what used to be an overwhelmingly while city to deal with racial tension for the first time. Older people who elect to hold on to their houses as long as possible may bring about the decline of a school district. The most important point is sometimes buried in the statistical tables: Demographics is ultimately about politics. Or, as St. Paul Planning Director Peggy Reichert puts it, "The minute you start talking about l u alters, it's good news or bad news to some- one." ❑ The Rosemount school district hired demogrupher JoAnne ewson to netp n p,,.,, .o. the community's growth. 'I don't know how long thiscan continue,' she says. what she had expected, the starter homes in the area are bringing iu.few children; instead, childless young couples are buying those houses, using two incomes to pay the mortgage and po stpouiug children for a while. The houses attracting families with children are in the higher price range. And since those are the ones now being built in the areas ole n to development, the school-age population may increase at an even faster rate in the 1990s. It is tempting in the face of such numbers to think of groxlh as a community destiny. Certainly Eagan expects to keep growing: Hedges believes that it has the potential to reach between 80,000 and 100,0()0 residents by the end of the century, although the planning department anticipates that it will peak at around 70,(N)0. But where growth is based on an expanding economy, Ihcry is nmlhing inevitable alout it, as Houston discovered earlier this decade and Denver appears to be finding out ct,,, n'.„rr„tea. c:,,aaan rd„r,ce•,.Pl C' 6 / GOVERNING August 1989 33 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 26, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MWCC UPDATE Enclosed on pages AziWIL through �1/is an update prepared by the MWCC for the plant expansion project. This information relates to the issues Betty Bassett intends to raise during her discussion as an Old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an 'hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. ARTICLE/GOVERNING MAGAZINE A magazine entitled Governing the States and Localities is a publication of Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts from our intery a The article is copied and enclosed on pages .� 3 through for your review. /S/ Thomas L. Hedges City Administrator ago Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report required by Section 3.2(d) of the City-MWCC Development Agreement. The Plant Expansion project is proceeding on schedule. The Site Preparation contract is projected for completion during August, 1989. The general Plant Expansion contract has been awarded. Construction is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving input from the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building. An engi- neering design contract has been awarded to HDR/OSM, and preliminary design will begin this month. The project is proceeding on schedule. Chemical treatment has been, and will continue to be, used at the Seneca Plant for odor control. Chlorine is being added to the influent wastewater at the Seneca Plant headworks area. Potassium permanganate is being added to the sludge feed to the belt filter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page Two July 24, 1989 Modifications to the carbon scrubber unit at Meter 500 have been made to eliminate short-circuiting of gas. Performance has been excellent since these modifications were made. A chemical scrubber is being installed at Meter 500 to operate in series with the carbon unit. This should further improve odor removal efficiency. These improve- ments will be operational by October 1, 1989. We were notified on Monday, July 24, 1989, that one of the residences in the Wuthering Heights area south of the project site was no longer able to get water from their well. We are currently working to verify that the loss of water is a result of dewatering activities at the Seneca Plant project site. If the loss of water is a result of construction activities at the plant, a service connection to city water will be provided. In the interim, arrangements have been made for bottled drinking water delivery to the residence. A project bulletin has been developed to update interested parties on the status of the plant expansion, odor task force, well testing and other activities at the Seneca Plant. This bulletin will be mailed in early August to local residents, the City of Eagan and other interested individuals and groups. The purpose of the bulletin is to improve communication with area residents and the City of Eagan. If you have any questions, please contact me. Sincerely, 7 " " Gordon 0. Voss Chief Administrator GOV:BP: hw cc: W. Haapala, Director of Operations E. DeLaForest, Director of Engineering/Construction D. Madore, Director of Quality Control J. Corcoran, Assistant Director Regional Facilities L. Bartscher, Assistant Director Regional Maintenance J. Wawra, Plant Manager, Seneca W. Moeller, Interceptor Manager J. Matross, Associate General Counsel P. Ferguson, Director of Public & Community Relations Z�v MWCC PROJECT BULLETIN A Publication From The Metropolitan Waste Control Commission Seneca Wastewater Treatment Plant Expansion — Summer 1989 229-2100 Expansion includes $4.5 million for odor control Stae preparation is well underway at the Seneca Wastewater Treatment Plant in Fagan as workers lay the groundwork for a three-year expansion and upgrade project now estimated to cost $68 million. The expansion and a concurrent solids handling project include $4.5 million in oda control improvements. Doug Warner, project manager for the Metropolitan Waste Control Commis- sion, expects site preparation to be com- plete in August and construction to begin in August or September. All sys- tems are expected to be operating by the fall of 1992. Approximately 700,000 cubic yards of dirt will be moved this summer - enough to bury a football field 500 feet deep - to make room for additional treatment tanks and other improvements. When work is complete, the plant's treatment capacity will increase from 24 to 34 million gallons per day. The expansion and upgrade is necessary to meet growing demands for develop- ment in Eagan, Burnsville and Bloomington, and to comply with ever more strict water and air quality stand- ards. Approximately 7110,1100 cubic yards of dirt will be moved this summer. "The expansion and upgrade include a number of odor control measures," Warner said. "We'll now be covering and containing odor in the headworks area where the wastewater enters the plant, covering the primary clarifiers, and then collecting and treating the odorous ventilation air from all these areas." The new odor control system includes a wet scrubber followed by two carbon ab- sorption units housed in a separate build- ing that is part of the expansion. Two other significant aspects of the ex- pansion include adding a dechlorina- Odor committee shares concerns Su months after it began, a unique committee comprised of staff mem- bers from the Metropolitan Waste Con- trol Commission, the City of Eagan and Eagan residents is well underway in a combined effort to improve communica- tion and resolve concerns surrounding the Seneca Wastewater Treatment Plant. The Seneca Odor Control Advisory Committee - aptly named after one of the group's goals - resulted from an agreement between the MWCC and the City of Fagan to allow local input on matters of public concern. Continued on reverse A43 lion unit and "super saturating" the treated wastewater with oxygen. The de- chlorination unit will neutralize residual chlorine added to the wastewater to kill bacteria. "Super saturating" the treated wastewater with oxygen will reduce the treated wastewater's impact on the river, reducing its demand for oxygen from the untreated river water. More odor control measures are planned as part of the concurrent solids handling improvement project. This project also includes the installation of afterburners and wet scrubbers to treat incinerator exhaust. The incinerator improvements were among the recommendations of a con- sultant hired by the MWCC to study oda control. The consultant, Malcolm Pirnie, Inc., said the afterburners would further reduce emission odor and that wet scrubbers would further reduce ex - hast particles. As a long range goal, the MWCC is planning to reduce Seneca sludge incineration by more than 50 per- cent by developing market for lard ap- plication of sludge. Advisory committee shares concerns Continued from front Group members estab- lished four principle goals during initial meetings last winter and spring: • to provide for infor- mation exchange and open discussion; • to provide a forum for preview, review and updates of con- struction progress and status; • to review odor com- plaints; and Committee members Include Eagan residents and representatives of the MWCC and City of Eagan. • to resolve potential conflicts and dif- ficulties by more effective com- munication. Bob Polta, MWCC air quality manager and the agency's designated contact on the committee, said, "We've had some wide-ranging discussions, but the com- mittee has certainly provided a forum for residents to raise their concerns and allowed us to actively respond." Other members of the committee in- clude two residents from Eagan's Wuthering Heights neighborhood, one Eagan resident at -large and one repre- sentative from the City of Eagan. Two committee positions that were of- fered to the Silver Be0/Cedarvale busi- ness community have not yet been filled. The MWCC has also been represented by additional support staff from en- gineering, construction, odor control, community relations and from the plant itself. Several officials from the City of Eagan have also attended at times. Karla Eggink, MWCC staff engineer and odor control specialist, pointed out that the MWCC is investing $4.5 mil- lion on odor control equipment in the current expansion and improvement Project. "People are comfortable bringing their concerns forward We may not always have a quick answer, but we're com- mitted to finding answers and reporting them back at a later meeting," she said. Call the Odor Response Line The Odor Response Line drew one dozen calls in its fust three months of existence. Community Rela- tions Officer Pauline Langsdorf en- courages residents to ,use the service. "All the complaints are reviewed," she said. "We need to know where and when the odor is noticed to deter- mine the source. We chart the calls on a cumulative map and study them to see whether adjustments are necessary in the system. We want people to know we're taking steps to improve -to report odors, call the MWCC Odor Response Line }1 hours w.• &0. •.•h 290-6757 the situation." The Odor Response Line accepts calls 24 hours per day, seven days per week, she pointed out. 5 Well test results dile back soon Results are due in late July from a second set of well tests initiated by the Metropolitan Waste Control Com- mission to determine the quality of water in residential wells bordering the Seneca Wastewater Treatment Plant Residents had requested that their wells be tested before construction began to establish a baseline for monitoring the effects of the plant expansion. The second test was also requested by area residents after a small but detec- table amount of organic material was found in some wells during initial test- ing last spring. "'Ihe second test is being conducted to verify the initial results; said Rebecca Flood, MWCC regulatory compliance manager. "It's a goodwill gesture, really, in the ongoing effort to be a responsible neigh- bor. When the second test results are in more information will be available to the Dakota County Environmental Health staff to determine the source of the organics," Flood said. Water samples were drawn June 28 from nine wells near the treatment plant. A second laboratory, PACE Laboratories, is conducting and analyz- ing the tests using the same method ap- plied in the fust sample. Al the residents' request, results from the test will be mailed directly from PACE Laboratories to interested' homeowners, the City of Eagan and the Dakota County Department of Health as well as to the MWCC. In a related matter, Flood said the MWCC has installed two sets of obser- vation wells near the Minnesota River to monitor the effect of the plant expan- sion on the groundwater level at Nicols Meadow Fen. 'The wells are set at depths of 20 feet and 70 feet Data will be studied to as- sure preservation of the fen, a protected wedand. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBERE DATE: JULY 26, 1989 SUBJECT: SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT - HOLZ Ella and Otto Holz of 4665 Robert Trail South have applied for a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition. The applicants meet all conditions as defined in the City Code and I am, therefore, recommending approval of this application by the City Council. Attached for your information are the following: 1. Application 2. Income Tax Information 3. Special Assessment Search 4. Appropriate Section of the City Code Please let me know if you would like any additional information. Financ Director/City Clerk EJV/kf APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD LAWS 1974, CHAPTER 206 STATE OF MINNESOTA) COUNTY OF DAKOTA ) DATE J I& 30 19jL? TO: County Auditor, Dakota County, Minnesota I, the undersigned, declare under penalties of perjury: That I reside at fF,,5 ,4 Tiai jay _ EWAdAf AV _S'.S- That I am not less than 65 years of age and that the date of my birth is IYe V. 2S /4d6. That I am the owner of the property legally described as: &,4^4 3L Tm ai > > Aa.. V , Property I.dentification No. /,a 0 4AB& Gln Q. That my interest in the 'ownership of the above property was squired on r JIM - 1 -9.11 -and is as follows: kT 1. Sole ownership (Enter Yes, if applicable) �f•. 2. Joint tenancy, held with ELLA /./ ei Z 3. OTHER undivided interest (Specify) AfQA66 That on January 2, 1929 or June 1, 19_k.I owned and occupied the above property as my homestead and such occupancy began on y 192 That the installments for improvements on the SPECIAL ASSESSMENTS duly adopted in ordin- ance by the C Z:r fi.�. daps of OF OF AS OF JA& is 19!x% which have been alloca ed a ainst the subject property would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such in- stallments be so deferred for the years 19JTto11�StV AVft,!A41J ge It, e., ,..f .ir�iri• SIGNED: C-LLI fN L Z (� OWNER - - - - - - - - - - - '- - ) - - - SPOUSE - - - - - - - - - - - - - - - I, Clerk of the OF IN County, State of Minnesota, do hereby certify that the application of above named, has been duly reviewed and that in aceordance with the minutes of official record in said chambers was duly : APPROVED or DENIED as of 19 That in accordance with approval granted, the SPECIAL ASSESSMENTS listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. ASSESSMENT D/P NO. TOTAL AMOUNT YEARS INTEREST RATE Project 520 1867 3670.00 15 9% DATED 19 Clerk or Authorized Deputy (over) ALL APPLICANTS 17. DONATION TO NONGAME WILDLIFE FUND: ::.- .::::.........[ n]$ - 18. PROPERTY 1AX REFUND......................................[18l$ 350. I DECLARE THAT THIS APPLICATION-I6-GORREGT-4iND-69MPLETE--TO-THE BEST OF MY KNOW- LEDGE AND BELIEF. YOUR SIGNATURE SPOUSE'S SIGNATURE DATE DAYTTME PHONI --------------------------------------------------------- PAID PREPARER'S SIGNATURE - - -MN-TAX-ID-OR SOC/SECT NUM.-- DATE DAYTIME PHONC 472-22-0809 423-2457 ------------------------------------------------------------------------------- BL SUPE TO ATTACH YOUR CRP OR PROPERTY TAX STATEMENT MAIL TO: MINNESOTA PROPERTY TAX REFUND, ST. PAUL, MN 55145-0020 L FORM 11 IPR TAX REFUND ------------ ---------------... POOR -------------------1988-MINNESOTA-PROPERTY FIRST NAME, MI LAST NAME SOC. SEC. ri --OTTO J HOLZ - - -----470-42 3476 -- STATE CAMPAIGN FUND SPOUSE'S FIRST NAME, MI LAST NAME SOC. SEC:. # r-ELLA HOLZ 473 66 0394 IF YOU WANT $5 TO AIIi PRESENT HOME ADDRESS (STREET, APARTMENT NUMBER. ROUTE) STATE CANDIDATES THEE! --4665 SO ROBERT TRAIL CHECK ONE BOX. DOING: CITY OR TOWN STATE ZIP CODE COUNTY SO WON'T AFFECT TAXE:: --EAGAN. MN 55123 - - -..-DAKOTA ------------ ..----------------------------------------- IR DFL GCI CHECK BOXES THAT APPLY [ ] RENTER [X] HOMEOWNER YOU: [ ] [ ] [ ] -------------------------------------------------------------------------------- - ---- SPOUSE: [ ] [ 1 [ ] 1. FEDERAL ADJUSTED GROSS INCOME FROM -LINE -31; -FORM 1040:::..[1]$ 'x,780. 2. SOCIAL SECURITY PAYMENTS OR RRTA NOT INCLUDED IN LINE 1...[2]$ 4,220. 3. PAYMENTS TO IRA, KEOGH, OR SEP............................[3]$ 4. WELFARE PAYMENTS NOT INCLUDED IN LINE 1 . :.:::::::::.:..:...[4]$ 5. ADDITIONAL 1TEMS YOU MUST INCLUDE IN INCOME...............[5]$ 6. ADD LINES 1 THROUGH 5 ................................. 6.$ 14.000. RENTERS 7. AMOUNT FROM WORKSHEET. NUMBER OF DEPENDENTS-[ 0]......::..[7]$ CHECK IF YOU ARE: 65 OR OLDER [X] DISABLED [ ] B. SUBTRACT LINE 7 FROM LINE 12.050- 9. RENTER'S SHARE OF PROPERTY TAX (LINE 3 OF CRP) ............ [9]$ 10. AMOU141FROM IABLE IN THE INSTRUCTIONS ....................[10]$ HOMEOWNERS - - - --- - - - - 11. AMOUNT FROM LINE 1 OF PROPERTY TAX STATEMENT PAYABLE '89.[11]$ 1,721. 12. AMOUNT FROM TABLE IN THE INSTRUCTIONS ................. 12.$ 1,075. 13. AMOUNT FROM LINE 2 OF PROPERTY TAX -STATEMENT --PAYABLE '89.[13]$ 725- 14. SUBTRACT LINE 13 FROM LINE 12 ......................... 14.$ 350. 15. SPECIAL PROPERTY TAX REFUND FROM LINE 40 .................[15]$ 16. ADD LINES 14 AND 15.:.::._: _ _ ::.:� ::--,-,-­ . , :.:. 16.$ 350. ALL APPLICANTS 17. DONATION TO NONGAME WILDLIFE FUND: ::.- .::::.........[ n]$ - 18. PROPERTY 1AX REFUND......................................[18l$ 350. I DECLARE THAT THIS APPLICATION-I6-GORREGT-4iND-69MPLETE--TO-THE BEST OF MY KNOW- LEDGE AND BELIEF. YOUR SIGNATURE SPOUSE'S SIGNATURE DATE DAYTTME PHONI --------------------------------------------------------- PAID PREPARER'S SIGNATURE - - -MN-TAX-ID-OR SOC/SECT NUM.-- DATE DAYTIME PHONC 472-22-0809 423-2457 ------------------------------------------------------------------------------- BL SUPE TO ATTACH YOUR CRP OR PROPERTY TAX STATEMENT MAIL TO: MINNESOTA PROPERTY TAX REFUND, ST. PAUL, MN 55145-0020 L TRZANS;ACT'ILIN 1D: R768 SPECIAL.. ASSE'SSMF-N'TS SPECIAL. ASSESSMENTS SEARCH SUMMARY PROPERTY I.D. TODAYS DATE: 07/03/84 ---SPECIAL FLAGS ------ 1-2-3-4-5-6-7-8-9-1.0 10-03600-020-04 S.A.# ASSESSMENT DESCR. YR YRS RATE 'TOTAL ANN.PRIN. PAYOFF COMMENT 100914 SS -TRF: 83 15 14.0(7% ?.56.1...00 .00 .00 CL -USED (00515 S ---TRK 83 1.5 10.06% 2557.00 .00 .00 CLOSED 101.067 WTK 520 89 15 4.00% 3670.00 244.67 3670.00 SUMMARY OF ACTIVE 3670. 00 244.67 3670.00 *K*x�rr THIS YEAR'S TOT P&I .00 restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Sec- tion limit any right or power possessed by the City over existing franchises. SEC. 2.73. ABSENTEE BALLOT COUNTING BOARD. The Council hereby authorizes an Absentee Ballot Counting Board and further authorizes the election judges of such Board to receive, examine, and validate absentee ballots. The further duties of such board shall be those provided by statute. SEC. 2.74. SPECIAL ASSESSMENT POLICY. The Council may, by resolution, adopt, from time -to -time amend, or repeal a special assessment policy. SEC. 2.75. DEFERMENT OF SPECIAL ASSESSMENTS. Subd. 1. The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk - Treasurer is hereby authorized to record the deferment of special assessments where the following conditions are met: A. The applicant must apply for the defer- ment not later than ninety days after the assessment is adopted by the Council B. The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability. C. The applicant must be the owner of the property. D. The applicant must occupy the property as his principal place of residence. E. The average annual payment for all assessments levied against the subject property exceeds 1% of the adjusted gross income of the applicant as evidenced by the applicant's most recent Federal income tax return. The average annual payment of an assessment shall be the total cost of the assessment divided by the number of years over which it is spread. Subd. 2. The deferment shall be granted for as long a period of time as the hardship exists and the condi- tions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Clerk -Treasurer of any change In his status that would affect eligibility for deferment. Subd. 3. The entire amount of deferred special assessments shall be due withinsixtydays after loss of eligibility by the applicant. If the special assessment is (1-1-83) 24 not paid within sixty days, the City Clerk -Treasurer shall add thereto Interest at 81 per annum from the due date through December 21 of.the following year and the total amount of principal and Interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue finan- cial hardship, the Council may order that the applicant pay within sixty days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subd. 4. The option to defer the payment of special assessments shall terminate and all amounts accumu- lated plus applicable Interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is eligible for deferment. B. The as le, transfer or subdivision of all or any part of the property. C. Loss of homestead status on the property. D. Determination by the Council for any reason that there would be no hardship to require immediate - or partial payment. SEC. 2.76. PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS. Subd. 1. Scope. Partial prepayment of assess- ments in connection with any assessments adopted by the Council and certified to the County Auditor for collection may be made at any time. Subd. 2. Payment. The owner of a6 property so assessed may, within 30 days of adoption of the assessment roll by the Council, prepay any or all of his assessment to the City. No interest will be charged on any portion of the assessment paid within said 30 days. The remaining unpaid balance of the assessment shall be spread at the same rate of interest and for the same term of years as the original assessment. SEC. 2.77. EMERGENCY PREPAREDNESS PLAN. The Council may, by resolution, adopt, from time -to -time amend, or repeal an emergency preparedness plan for the City. . 25 (1-1-83) ADMINfiSTRATIVE AGENDA :i REGULAR CITY COUNCIL MEETING AUGUST 1, 1989 EAGAN, MINNESOTA CITY ATTORNEY CITY ADMINISTRATOR Item 1. Sale of 1977 Corvette Item 2. Request by Business Ink Magazine for City of Eagan Ad item 3. Resolution Rescinding Waiver of Plat Granted January 4, 1977, Lot 14, Treffle Acres INFORMATIONAL, 7& MEMO TO: MAYOR i CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 310 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to time. The City Council Session if advised by a necessity to discuss CITY ADMINISTRATOR be considered under City Attorney at this reserves the right to schedule an Executive the City Attorney or City Administrator of any pending litigation. Item 1. Sale of 1977 Corvette --On Friday, July 28, bids were received for the sale of the 1977 Corvette that was impounded "approximately three (3) years ago as Police evidence. There were twenty-seven (27) bids received and the low bidder is Bill Pluta in the amount of $5,009. The bids ranged from $50 to the high bidder of $5,.009. For a list of all 27 bidders, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the 1977 Corvette that was declared surplus property in previous action by the City Council to the high bidder, Mr. Bill Pluta, in the amount of $5,009. Item 2. Request by Business Ink Magazine for City of Eagan Ad -- The City of Eagan will be featured in the September edition of Business Ink, a business magazine serving Dakota County. Enclosed on page aS�j is a letter from Audrey Luhrs, Co -Publisher and Director of Advertising for Business Ink Magazine, requesting that th eCity of Eagan consider a full-page ad in the magazine. The City did, budget some general advertising funds within the Economic Development portion of the operating budget for 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an advertisement in Business Ink magazine in the amount of $550 for a black and white ad. SPECIAL 'NOTE: If the City Council approves this request, the motion can be modified to add color which is an additional $150. Item 3. Resolution Rescinding Waiver of Plat Granted January 4, 1977, Lot 14, Treffle Acres --On January 4, 1977, an application was received from the Derrick Land Company regarding a waiver of plat A4 for a portion of Lot 9, Section 4:, to be combined with Lot 14, Tref fle Acres. As part of the agreement, no further building permits could be granted on said property. The property discribed above is now part of the approved plat for the Prettyman Heights development (see map on page ZOO ) . In order that the title for this property be cleared, it is necessary to rescind the 1977 resolution. Enclosed on page_.? eis a copy of the abstract explaining this encumbrance and on page ;R— is a copy of the resolution rescinding the original, action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution rescinding Document 483435, the January 4, 1977, action of the City Council as regards building permits for Lot 14, Treffle Acres. INFORMATIONAL TOLLEFSON BUILDERS Mr. James O'Neill, legal counsel with the firm Faegre and Benson representing Tollefson Builders, addressed a letter to Mayor Ellison, City Councilmember Egan and members of the City staff, Placing the City on official notice that the Tollefson case will be not be appealed and further, "barring further words from the plantiffs, I plan to close my file." Also enclosed, for informational purposes, enclosed is a copy of a letter with some attachments from Leo Murphy concerning his property. Mayor Ellison, the City Administrator and Director of Parks and Recreation met with Leo last week to discuss the road access to Blackhawk Park. There are several engineering questions which have been addressed by Jerry Bourdon of Bonestroo, Rosene, Anderlik and .Associates, and his findings to many of Leo's questions will be represented by the Director of Public Works in a meeting on August 8 with Leo. Many of the questions in this letter are the .same questions that have been addressed by Public Works. DAKOTA COUNTY YARD WASTE BAN Dakota County begins implementation of its ban which precludes yard waste from land fills on Tuesday, August 1, '1989. This ban will entail certain minimal changes for residents who bag their yard waste and dispose of it through their haulers. A memo explaining the ban and its affects prepared by Assistant to tY} City Administrator Hohenstein is enclosed on pages) - 5 for your review. /s/ Thomas L. Hedges City Administrator -2,'17 1977 Corvette Bid Opening 4:00 p.m. July 28, 1989 Bidder Amount 1. Monte DeLong $50.00 2.. Ronald Gjorvad 500.00 3. Jim Schmitz 502.00 4. Mike Finnegan 503.00 5. Steve Hadden 555.00 6. Kevin Kooiman 870.00 r.7. Thomas Cooper 888.88 8. Jim Eckel 1,000.00 9. Grant Tentis 1,026.00 10. Rick Torgerson 1,200.00 11. Dale Brule 1,201,00 12.. Richard Pfeifer 1,,210.00 13. David Senechal 1,577.00 14. Dale Brule 1,706.50 15. Michael Demprey 2,100.10 16, Noreen Hondo 2,257.00 17. Kevin Cook 2,,389.00 18. Keith Gilmore 2,550.00 19. Steve Tschida 2,750.00 20. Mark Simpson 2,850.00 21. Alan Fredrickson 2,997.80 22. Scott Peterson 3,030.00 23. Douglas Andresen 3,,226.00 24. Michael Neisius 3,600.00 25. Andy Parker 4,200.00 26. Gary Vorwerk 4,852.80 27. Bill Pluta 5,009.00 ,a A BUSINESS MAGAZINE SERVING DAKOTA COUNTY 201 N. Concord Exchange • Suite 106. South St. Paul, MN 55075 • 455.2728 July 24, 1989 Dear Mayor and members of the City Council, My name is Audrey Luhrs. I am co -publisher and director of advertising for Business Ink magazine. Margaret Peck is co -publisher and editor. In September, we plan to feature Eagan and have a beautiful, four color cover of "The Waters" development center. It is our intention to have coverage of some new and some long established members of your business community, including Signal Bank's new location, Drover's Bank, Cliff Lake Center and others. In the past we have featured the cities of Burnsville, Apple Valley, South St. Paul, West St. Paul and Hastings. We made a proposal at the council meeting and in each case, the councils approved purchase of a full page advertisement for the city to lead off the special section. I ask that you consider and approve the same for Eagan by voting to place on full page ad in black and white at a cost of S550.00. If you wish to addcolor, add S150.00. Thank you for your consideration. I will bring samples to the meeting if you wish to see them. Sincerely, Audrey Luhrs 2 1y Robert J.Gannaway iwf.Janet W.rDeed (Joint Tenancy) dated July 14, L.Gsllaway, 2971.Recorded July 27,1971 as Doc. 115 to No. 386535. John J.Jurewicz iwf. Conveys.: Lot 14 Treffle Acres,,including. Karen A.Jurewicz. _ and subject to an Easement for driveway purposed dated June 9,1971 executed by Don I. Prettyman and wf.Kathleen M.Prettyman, owners of Lot 15 Treffle Acres. Robert J,.Gannaway and Janet L. Gannaway,husband and wife, owners of property conveyed herewith. Free from all incumbrances, Except a Mortgage shown at No.109, which Mortgage was assigned by Assignment shown at No.110, which mortgage the second parties agree to assume and pay according to its terms. City of Eagan- Eagan CC of Resolution, dated .... City Council, Recorded Feb.8.,1977 as DoC.NO... 483435. 116 to WHEREAS, Derrick Land Company and The Public. Allied Properties,.Znc., submitted an City of Eagan covering pro Application for Waiver of Plat to the perty described as: The East 200 feet of the S# of the Ns of Government Lot 9 in Section 4 Township 27 Range 23,and WHEREAS, the Advisory Planning Commission of the City of Ragan at a regular meeting held on Dec.28,1976 adopted a resolution recommending to the Eagan City Council that the Application for Waiver of Plat be approved pursuant to Eagan Ordinance No.10 and No.52 covering said parcel with the understanding provided,however,that said parcel will be combined with Lot 14 Treffle Acres and that no further building permits be granted on the property described above,including Lot 14,Traffle Acres; and WHEREAS, The Eagsn City Council considered the application and the recommendation of the Advisory Planning Commission at its regular meeting on Jan.4,1977; NOW THEREFORE, upon motion duly made by Mayor Polzin, seconded by Councilman Wachter,those voting in favor being P612in,Waehter,Smith, Rydrych and Rahn and those voting against were none, it was RESOLVED, AS FOLLOWS: That the application for. Waiver of Plat covering property described as the East 200 feet of the SJ of N} of Government Lot 9 in section 4 -Township 27 Range 23 , be and it hereby is, approved', provided, however, that no further building permits will be granted by the City of Eagan on said parcel or on Lot 14 Treffle Acres, it being understood' that said two parcels will be combined under one ownership. The Travelers Insurance Assignment of Mortgage at No.109, Company,a Connecticut dated April 21.,1983.Recorded June 20, 117 Corporation, 1983 as DOC.No.626413. to � American Savings Banka 20"d mz",-L• Ol SHXIA Z. 110! fs• •IZ38d441e90:9L 68f.7-8'.-lll R 8 8 0 L O T I O N 11. WHEREAS, the Eagan City Council adopted a Resolution, dated and filed February 8, 1977, as Document No. 483435 with the Dakota County Recorders and WHEREAS, said Resolution provided that the application for waiver of plat covering property described as the East 200 feet of i the South Half (Sl/2) of the North Half (Nl/2) of Government Lot 9 in Section 4, Township 27, Range 23, be approved, provided, however, + that no further building permits will be granted by the City of Eagan on said parcel or on Lot 14, Treffle Acres, it being understood that said two parcels will be combined under one ownership; and 1 WHEREAS, the Eagan City Council has now approved the plat for Prettyman Heights, which subdivision includes all of the property described above; and WHEREAS, in order to terminate the Resolution, it is necessary that the City Council adopt a Resolution rescinding said action; NOW, THEREFORE, upon motion by , seconded by , it was RESOLVED that the Resolution of the Eagan City Council dated z&IA 6%61' and recorded February 8, 1977, as Document No. 483435 be, and it hereby is, rescinded and the I City Clerk is directed to submit a certified copy of this Resolucion to the Dakota County Recorder. Those voting in favor: Those voting against; City Clerk a�� MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 31, 1989 SUBJECT: DAKOTA COUNTY YARD WASTE BAN This memo shall serve as an update on Dakota County waste abatement issues, specifically the yard waste ban which takes affect on August 1. Fortunately this sounds more ominous than it is. Homeowners should still be able to dispose of their yard wastes through their respective haulers, but it must be set out separately from the regular waste just as recyclables currently are. BACKGROUND State legislation will ban yardwaste from landfills beginning January 1, 1990. As much as 208 of the waste stream is yardwaste and compostible material so a ban has a substantial waste abatement -impact. In an effort to achieve higher abatement volumes in 1989, Dakota County moved the effective date up to August 1, 1989. This will divert much of the fall leaves from landfill disposal. The basic requirements of the County ordinance make it illegal for landfills to accept yardwaste or mixed municipal solid waste which includes yardwaste. My reading of the ordinance is that it also makes it illegal for a hauler knowingly to mix ordinary waste and'yardwaste in the same load. It is further illegal for those disposing of wastes to mix ordinary waste and yardwaste. I believe that all of these actions are misdemeanors. Obviously it will be difficult to enforce any of these provisions except at the landfill gate. Therefore, it will be necessary for the haulers to attempt to communicate with their customers and use means to encourage them to comply. The City can and will support this communication with information pieces of our own, DISCUSSION Staff has discussed this ordinance with various haulers and all have indicated that they intend to continue to accept yardwaste. To comply with the ordinance, however„ it will be necessary for them to collect such material on a separate route.. This may imply additional cost to the consumer.. As a consequence, I believe we will see an increase in the activity at our City compost site and increased interest in backyard composting. As you may recall, we rather quietly removed the City's previous prohibition of backyard composting when the solid waste ordinance was amended last year. Staff has not strongly encouraged such activity to date, but we have provided information to those requesting it on appropriate composting techniques if they choose to do it. The issue we are facing is the potential for substantially higher waste disposal costs as tipping fees increase and as state mandates require a segmentation of the waste stream. Until the industry innovates to provide for a variety of materials on a single vehicle, additional materials will require additional trips down each haulers routes. Even if a combined vehicle were developed, the location of disposal and recycling facilities throughout the county may make it cost effective for haulers to continue to use individual units for each type of material. c25"3 The operational change for customers is minimal. Yardwastes must be kept separate from other waste, but they will still be collected. If the cost of hauler disposal is perceived to be too high, however, more may choose to drop off materials at the compost site. While staff is attempting to make provision for this additional use, including identifying possible alternative sites for additional capacity, the Council may get calls about this matter because it entails change. CONCLUSION The County yardwaste ban will not eliminate yardwaste disposal service for residents. As long as people are willing to pay for separate disposal, someone will provide it. The additional cost associated with it will encourage some people to not bag their clippings or to use backyard or centralized composting alternatives. If you have any questions in this regard, please let me know. �L A istant to the City Administrator MINUTES OF REGULAR MU-.TTNG OF THt:t-AGAN CITY COUNCIL EAGAN'-'i*.:"'��A July 18, 1989 A regular meeting of the Eagan City Council was held on Tuesday, July 18, 1989, at Eagan municipal Center. Present were Mayor -­Odd"MW;bilmembers Wachter, Egan, Gustafson and McCrea. Also prq*enr v?.eTe City Administrator Tom Hedges, Public Works Director T6ffi Colbdit, Community Development Director Dale Runkle anA: City:;:# torney James Sheldon. There were no additions to the agenda. � McCrea moved, Gustafson seconded, the motion to approve the agenda. All voted in favor. July 5, 1989. Councilmember. correction on Page 8, Paragraph quested the ick" to "Notvik". Wachter moved, Egan secoii664:1 . .:::::the motion to approve the Minutes for the July 5, 1989 ti�g. q . ular Council Meeting as amended. All voted in favor. KEVIN SHEA/MULTI-FAMILY HOUSING Councilmember McCrea provided the .................... X ....... .. ........... 0' names of the parties he was 1-.'ty Administrator Tom Hedges responded that he had -not received Apy information from Mr. Shea. DEPARTMENT BEAD BUSINtgg/Fln:*'::"l')EPARTVnDTT BUDGET ADJUSTMENT/REFURBISHING OF 19S0 PUMPER TRUCK City Administrator Tom Hedges introduced the matter to the Council. Councilmember Egan commented that the 1988 funds had been reallocated and felt that an adjustment wool* cause a $15,000.00 shortfall. He felt the request needed justification and that approval would set a bad precedent. ... Fire Chief Southorn inforfaedi CoihCl that $30,000.00 had been carried over for several years. Councilmember Wachter.stated that the funds should still be available. l� or Ellison remarked that the next budget year was unpredictabld"'And that the money was in the fund balance. Councilmember Egan felt it was a misnomer to say the money was available in the fund balance as the money had Page 2/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 been reallocated. Councilmemki6x.McCrea r,j* . onded that the fund balance was not all reallocat�64�::-:--ci.ty. AO-M"histrator Tom Hedges explained the fund balance leve", Councilmember Gustafson requested clarification. Councilmember Egan stated he felt the contingency fund was preferable as the fund balance was too low already. Mayor Ellison agreed with Councilmember Egan. there was no need to X access the contingency fund aR*'::the"::":"*"**.'.'., . )s Y. .:.was .:.was not spent in 1988 and was put into the general fund. Councilmember Gustafson requeaftod th.4,:15reakdown of the available $50,000.00. Mayor Ejkj '84D'* ' . - .... i::the City should spend the current year's budget .:histrator Tom Hedges had no preference as to which furid'should %i;e'used. Councilmember Wachter stated the Council would not be depleting either fund and that the City would be receiving a lot for the money. Councilmember McCrea stated she was in favor of the contingency fund. Councilmemkii'k1:::Zgan felt it was a more appropriate fund. McCrea moved, Wachter second0d thd'motion to approve the complete refurbishment and upgra ".."ng.. No. 13 and, as a condition of the authorization,..iA � ti: -:--the 1989 budget by ............... P.'6 . allocating a part of the contj�i.qo.ncy account for the expenditure. All voted in favor. DEPARTMENT HEAD BUSINESS/CABLE City Administrator Tom Hedges informed the Council that Mike Reardon was available for queft .......... ".ft ...... 11 -member Egan said that Burnsville had great equipmen*--':::-'2th3:::-q2- t30`66d how it was working. Mr. Reardon invited all interested p4X..ties::;t:.o the Cable Commission Meeting. He also explaine4-:::the �;6*chnical aspects of the Burnsville System and stated that h6:�j o .... .:.ul&::;t'nvestigate the possibility of reducing the light the Eagan City meetings. .... CONSENT AGENDA A Personnel Items. 1. Assistant Utility Billi4g..qlerX..Tymist. .......... X` It was recommended to appt­-6Vd-::-:... : : of Enda Asleson ... as assistant utility billing clerk typist.:::... -.-.- 2. Season Park Maintenance Workers.:':':':: • Page 3/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 It was recommended to agove the hiring of Duane Barton, Jeffrey Goodrich, Tamera Johni'6h.;... Joe1.,K3;-Zi, and Michael Marxer as seasonal park mainteiaewp ers. 3. Ratification of Collective Bargaining Agreement. It was recommended to approve the ratification of the Collective Bargaining Agreemept;.; =s;:petwaen the City of Eagan and the Police Dispatchers' Unit .. iz i ....... ieatt :: 989, 1990 and 1991. 4. Seasonal Utility Maintenance Woikers (informational). The Council was informed ,.q#.,:t:hxiq` of Steven Wilke and James Price as seasonal utilr;:}itaintiejaiic2 workers. 5. Seasonal Park Maintenance Worker (informational). ' The Council was informed of the hiring of Steve Schroeder as a seasonal park maintenance worker. B. Plumbers Licenses A'n' , 4te.r Softener License. It was recommended to approve the`§even plumber's licenses and one water softener license as or"ented::::<:;::::>: C. i Hotel. It was recommended to approve Mr. Kevin McPherson as the holder of a liquor license at the Compri Hotel. D. Designation of Business Representative Seneca Odor Committee. It was recommended to appoint John We$t:ley as the business representative to the Seneca Odor Control Advisory Committee. E. Receive Resignation of Caridfce GikF y as a Member of the Economic Development Commission. "" Councilmember Gustafson asked if a replacement had been found. City Administrator Tom Hedges stated staff was looking for direction from the Council and pointed out;::that usually a replacement was found by category. Councilpiniber Gustafson directed the staff to take the appropriate action td'Yeplace Candice Garry as a member of the Econc!!!, 13®veki? rit Commission. It was recommended to accept the resignation of Candice Garry of the Economic Development Commissii�ift; Page 4/EAGAN CITY COUNCIL MEETING MINU'T'ES July 18, 1989 F. It was recommended to receiW:?tie`"Feasibility Report for Project 575 (James Court - Street Lights) and schedule a public hearing to be held on August 15, 1989. It was recommended to approve;. a pl"s and specifications for Contract 89-16 (Sterns Addition •an4>:'Coven t Pass) and authorize the advertisement for a bid oiti'zig 't4:::::field at 10:30 a.m. , Friday, August 11, 1989. H. It was recommended to receive the bids for Contract 89-09 (Johnny Cake Ridge Road - stYCS:ignd. trailways (to the lowest responsible bidder and authorize"''t3ie:;:Ulaypx and City Clerk to execute all related documents. I. Park Clif Rate. Councilmember Wachter requested item I be pulled from the Consent Agenda for further discussion by the Council. J. No. It was recommended t 88-28 (Fire Station No. 1 and City Clerk to execute R. C - Streets). o approve Change Or - Parking ?dot) aM all relate;3:docuYp er No. 1 to Contract authorize the Mayor Councilmember Egan requested clarification regarding Change Order No. 1. Public Works Director Tom Co13?ert informed the Council that the Developer was concerned regarding.-'jhe access aesthetics. He stated that the funds would have come from the trunk fund anyway. Mayor Ellison asked i ;g;;t4tXc mat could be used instead. Public Works Director`•:+EEuit::CA�:13CiYti:::replied that it had been tried previously and it did not work. He stated the matter could be investigated if necessary. It was recommended to approve Change Order No. 1 to Contract 89-02 (Clearview Addition - Streets) for a bituminous access Page 5/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 drive to the Woodlands Storm':tPwer Lift.Sttion and authorize the Mayor and City Clerk to execu'8.:::d...re3ae3 documents. L. Project 416, Receive Fiffii-l"19sessment Roll/Order Public Hearing (O'Neill Drive - Streets). It was recommended to receive the final assessment roll for Project 416 (O'Neill Drive-;S:treet&)...-and:::schedule a final assessment hearing to be 1989. M. It was recommended to ag6 Eve a >YO.Vol�ution requesting MN DOT Cost Participation for Project 543R (Sibley Hills Drive Frontage Road). .' N. Project 557, Receive Assessment Roll/Schedule Public Hearing (Mallard Park 3rd Addition). It was recommended to re6 ve;:::-he...final assessment roll for Project 557 (Mallard Park 3rd A�"ditYat::*:S.treet Lights) and schedule a public hearing to be hold oiY August 15, 1989. 0. It was recommended to receive the final assessment roll for Project 427 (Yankee Doodle Road - Streets) and schedule a final assessment hearing to be held on August 15, 1989. P. It was recommended to receive thb finial assessment roll for Project 349 (East Blue Gentian Road: .?:Streeits) and schedule a final assessment hearing to be held'rs3i% AuglSi 15, 1989. Wachter moved, Gustafson seconded, the motion to approve the Consent Agenda items (except Item I - Park Cliff Storm Sewer to Adjust Supplemental Assessment Rate) as presented, and authorized their implementation. All voted in favor. ::... PARR CLIFF STORM SEWER/ADJUST AS89SSMENT RATE City Administrator Tom He, gas.:. -n. brtii4'the Council that either option presented to the Council was accepta)ale. Councilmember Egan commented that the property owners did beni°X�t by at least $2,500.00. Mayor Ellison stated that option -:':2 was the option that was adopted. Councilmember Gustafson stated he was in favor of option 1 and agreed with Mr. VanOverbeke's recommendation. City Page 6/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Administrator Tom Hedges remazked that thQ're had been benefit to the properties and that staff:::valuated::ifased upon the original motion. Mayor Ellison pointed osy:;:::e City had incurred legal costs. He felt that option 2 was fa -Ir''" Egan moved, Wachter seconded, the motion to approve option 2 as outlined in the memo dated July 11, 1989, as prepared by the Director of Finance regarding:.adl.U,s.tmept:;.nf.; the supplemental assessment rate for the Park:'.. tr 1?."' m Iver improvements. Wachter, Ellison, Egan and McCrea'vfiCed its?:;favor; Gustafson voted against. VACATE PUBLIC RIGA.T :0Y::' AY/]?32if>T KNOB ROAD FRONTAGE iS}lA : f�A2tA'f ::#tILLS ) City Administrator Tom Hedges updated the Council on the matter. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve th�,.::::Vacation of a portion of public right of way for Pilot Knob Reiad::ptontage Road (Fairway Hills) and authorize the Mayor and CityC1erTcQ::::pteaute all related documents subject to the retention of underlying iitlkty easement rights. All voted in favor. PROJECT 570/CLIFF:RIFSGE"ADDITION/STORM SEWER City Administrator Tom Hedges summarized the background information for the Council and distributed a letter dated July 17, 1989, which he had received from the developer requesting private installation. Jerry Bourdon (Bonestroo):}areae . :dfails of Project 570 - Storm Sewer. He informed the Counoi:l that: -:the total project costs were approximately $110,000.00. In cOwiparisim, he stated that the developer's cost would be approximat y $61�000.00 if improvements were installed only in the developer?* area":' "::':He further stated that the trunk fund would have a deficit of $48;dd0.00. Public Works Director Tom Colbert recommended allowing the developer to install its own improvements. Councilmember Egan asked if the project was 50% assessable. Mr. Colbert responded yes. Egan asked if the developer would assume the total financial cost. Mr. Colbert responded it was his understanding`t'hat the developer would assume the total financial:convenience factors. Councilmember Wachter had conaerris:::egarc3rig'the developer meeting the required specifications. Mr. Colbert stated that City staff would monitor, inspect and review the impr6V.'0`ments. Tom Tweeten, 4550 Oak Chase, was pleasantly surprised with the quality of the work. He asked if the developer would use its Page 7/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 ............................. ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. ................. ..... ........... .... ..... ..... plans or the City consultant 1�k plans. Pu�bj--i c Works Director Tom Colbert stated that the devell*�&r,...woujO.L:446d. to conform to the feasibility report. Mr. Tweetdii:J-'i�t.6r�4:ihe Council that speed in the installation of the impr6 it"in"i6ii was important. Tim Louie, 4538 Oak Chase, had concerns with the placement of the utilities. He requested the lines be moved ten to fifteen feet in order to save his . ............. .......if .... : ............ ..... Councilmember McCrea asked if:::t wer ' ii:::�possible to move the line ten to fifteen feet. Public Works. Diib"Ittor Tom Colbert stated that the developer would have to cdikur with the move. McCrea commented that the City shoula.e=TYthe moving of the utility lines. McCrea moved, Egan seconded, the motion to close the public hearing and deny Project 570 (Cliff Ridge Addition - Storm sewer), whft:h denial was at the developer's request, as it will privately construct the improvements. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted::::against. Councilmember McCrea infoxmik:�:,it­­ hat strong direction should be given to the developer:::to alt6f.the location of the utility lines to save the trees 6ti property. City Administrator Tom Hedges stated.$��:j. ii-1-d"s'end a letter to the developer with the Council's :r.1666ii6haations. PROJECT 564/RAHNCLIFF SECOND ADDITION - STREET AND UTILITIES City Administrator Tom Hedges introduced the matter to the Council. Jim Bulberg (SEH) presented the project report to the Council. He also presented thek:-:VX.o 0004-:-:azzessments and the revenue - :: .......... impact. He recommended Lake as a change order. He informed the Council that::t-)ae woX.X on the project would begin on July 19, 1989. Jeff Lindgren (owns Outlot F as ..:-:& par'.t.&r) stated he felt that all benefited users were not being asg­tissed. He commented that the traffic was being generated by the land to the east. He questioned the proposed striping and road widening. Mr. Eulberg stated the widening was only a couple of feet. Mr. Lindgren objected to the assessment as he felt there -:-.,was no benefit to the property. Mayor Ellison asked why was not included and further asked why there was a ::t -ex* nft- Public Works Director Tom Colbert responded that Rahncli-ff First should be included, but that they had not been noti6z"d'`:- He recommended continuing the meeting to provide proper notice. He pointed out that the properties generate equal traffic and that there was no Page 8/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 differentiating between properties that.Ati6 commercial. Councilmember Egan recapped a'::- :1 --story ot':::t'he land in the area. John Perioti (for Cedar Ridge:':CfiY'istian Church) objected to the assessments. He stated the church had not benefited from the improvements and that the road was used by the church only on Sundays. He further pointed out that the church could not afford the amount of the Councilmember Wachter stated t in:'::'he past the Council had not made exceptions for churchs. Cou1ficilm6t6er Egan stated that commercial property was assessed ag:A groU.,p::and pointed out that it was not an assessment hearing..;::.:;;::::;':;::,. McCrea moved, Gustafson seconded;`'�Ke motion to continue to the August 15, 1989 City Council Meeting, Project 564 (Rahncliff 2nd Addition - Streets and Utilities) to allow proper noO.fication to all benefited property owners. All voted in favor. PROJECT 443/E7TiiAL. ASSESSMENT HEARING O' NEIL PONDINO::FP3!IENT ACQUISITION City Administrator Tom Hedges suiivaarzgd the background information for the Council. CouiWilmembe�:tgan questioned if it were fair to redistribute the assessme-n-ts: Mr. Colbert replied affirmatively, stating that it:::i'h-:>1)Aen analyzed to make certain the property could handle the:':as'sessment. He pointed out that proper records for assessments should be kept and recommended the adoption of the final assessment roll as presented and then an authorization to reallocate. Gustafson moved Wachter::: ' ' �E?id.;;;Cn;:.motion to close the public hearing and approve the':iia3 assetssh#ent roll for Project 443 (O'Neil Ponding Easement.Acquisi;t;ion) and authorize the certification to Dakota County. All :Cited iii: favor. Gustafson moved, Wachter seconded, the::Motion to approve the reallocation of the financial obligations as'requested by the Petitioner. All voted in favor. RECONSIDERATION/STOP SIGN/MALLARD DRIVE AND MALLARD CIRCLE City Administrator Tom Hedges presente4#:background information for the Council. Kirk Reilly (representatiX46:::' ot.:'rie3i)ft;6rhood), 1634 Mallard recapped the history of the Petition;, He informed the Council that there was a speeding problem i.i the neighborhood. Public Works Director Tom Colbert reported::Aat 55 vehicles had been observed by the Police Department; that 3 had been stopped and two had been ticketed. Mr. Reilly requested the stop signs to Page 21/EAGAN CITY COUNCIL MEETING MINUTES •- July 18, 1989 City Administrator Tom Diffley Road would be closed November 1st. Public Works Director Tom C Avenue bids would be received on no road construction would occur Councilmember Wachter recp! ordinance regarding air condit2li Colbert stated that staff would information. There was further i and the well project. Councilmen a restriction of private wells,; Church matter was a unique situ', s informed the Council that 20th of.;:uly and reopened on 1b t'stated that .the Lexington August 15th and predicted that this year. o propose a water use Works Director Tom Council with the garding the water use ,n stated he agreed with All Saints Lutheran Wachter moved, Gustafson seconded, the motion to approve a study regarding a water use policy. All voted in favor. Councilmember Gustafson stated Council decisions in the recet► ;:pas that he felt the Williams Pipelii: issue from the church application."' feelings regarding the Tesseract::,9.c interfering with a decision by the discussion regarding the Tessera!#>: he had concerns regarding some .. As an example he pointed out gilled wells were a separate fe::aSq•.stated he felt personal Loot "marketing were :ouacl:>'i'here was further Mayor Ellison informed tt Council that the Governor Task Force would be meeting on Thursday, July 20, 1989. CHECKLISTS Councilmember Wachter had:::.i$u�iSti�s::.:Zeq.arding the bills for the television, shade tree and Fi ke-:patb City Administrator Tom Hedges stated staff would investigate the matter. Wachter moved, Gustafson seconded, the:motion to approve the checklist dated July 18, 1989, in the amou#Lt:of $1,234,933.45. All voted in favor. ADJOURNMENT Wachter moved, McCrea seconded, the mat -Jon to adjourn the July 18, 1989 City Council Meeting at 11:05 p.m+: "THE MORNING AFTER" "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on August 1, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. l DEPARTMENT HEAD BUSINESS Direction was given to further negotiate an acquisition of Lot 3, Block 2 of Kensington Addition, a one-half acre parcel on the north side of Cambridge Court from First Financial Corporation. Action was given to the selection of Schwart/Weber Architects to perform design/construction of certain park shelter buildings in 1990 and authorization of a time line and RFP architectural process to select a new architectural firm for Blackhawk Park project. The General and Workers Compensation Insurance renewal for July 1, 1989 through June 30, 1990 was approved. CONSENT AGENDA The hiring of David Stubstad as a police officer effective September 1, 1989 was approved. The hiring of a receptionist yet to be named was approved, subject to successful completion of the City's physical examination requirement. The gambling license renewal application submitted by Eagan Lions Club for sale of pull -tabs at Cedarvale Lanes was approved. Approval was given to the resolution approving and authorizing the execution of a second supplemental trust indenture - $20,460,000 Single Family Mortgage Revenue Bonds Series 1980. The 1989 General Fund Budget Adjustments were approved. Approval was given to a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition for Ella and Otto Holz of 4665 Robert Trail South. The final payment of $11,311 for Contract 88-18 to Astleford Construction, Inc. was approved. A one year extension of an agreement providing janitorial and general clean-up within city parks by Dakota Inc. on an as -needed basis was approved. The final plat for Cray 2nd Addition was continued until the August 15 meeting. -tL 13. The seventh and final payment of Contract 68-31 (Well No. 12) in the amount of $19,153.70 to Keys Well Drilling, Inc. was approved and the project was accepted for perpetual maintenance subject to contractual warranty provisions. 14. The 1990 Budget for the Blackdog Lake Watershed Management Organization was approved. 15. The Petition for Project 582 (Manor Lake 3rd & 4th Addition -Trunk Utilities) was received and authorization given to prepare a feasibility 18. The final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) was received and a public hearing scheduled for September 5. 19. The feasibility report for Project 577 (Rustin Road -Street Improvement) was received and a public hearing scheduled for September 5. 20. Contract 88-S was accepted subject to appropriate contract warranty provisions. 21. Bids for Contract 89-01 (1989 Sealcoating) were received and a modified contract awarded to Astech Inc. for the alternate bid not to exceed $150,000. 22. The specs for Vehicle #136 (Street Maintenance Crack Sealer/Melter/Appli- cator) were approved and authorization given for bids to open Friday, August 25 at 10:00 a.m. PUBLIC HEARINGS 23. The public hearing was closed and the utility easement within the Kingswood 2nd Addition was vacated. 24. The public hearing for vacating a portion of Cedarvale Boulevard was continued to August 15. 25. The public hearing for Project 571 (Cray Addition -Storm Sewer) was continued to August 15. 26. The public hearing was closed and approval given to Project 572 (Lexington Way -Street 6 Trunk Water Main) with a cul-de-sac on the North end. 27. The public hearing to consider the vacation of abandoned County right-of- way (Diffley frontage road -west of Pilot Knob Rd) was continued to September 5. report. 16. The final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets 6 Utilities) was received and a public hearing scheduled for September 5. 17. The final assessment roll for Project 512R (Cutter's Ridge Addition - Utilities) was received and a public hearing scheduled for September 5. 18. The final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) was received and a public hearing scheduled for September 5. 19. The feasibility report for Project 577 (Rustin Road -Street Improvement) was received and a public hearing scheduled for September 5. 20. Contract 88-S was accepted subject to appropriate contract warranty provisions. 21. Bids for Contract 89-01 (1989 Sealcoating) were received and a modified contract awarded to Astech Inc. for the alternate bid not to exceed $150,000. 22. The specs for Vehicle #136 (Street Maintenance Crack Sealer/Melter/Appli- cator) were approved and authorization given for bids to open Friday, August 25 at 10:00 a.m. PUBLIC HEARINGS 23. The public hearing was closed and the utility easement within the Kingswood 2nd Addition was vacated. 24. The public hearing for vacating a portion of Cedarvale Boulevard was continued to August 15. 25. The public hearing for Project 571 (Cray Addition -Storm Sewer) was continued to August 15. 26. The public hearing was closed and approval given to Project 572 (Lexington Way -Street 6 Trunk Water Main) with a cul-de-sac on the North end. 27. The public hearing to consider the vacation of abandoned County right-of- way (Diffley frontage road -west of Pilot Knob Rd) was continued to September 5. OLD BUSINESS 28. Action for the Bark Center Addition was taken to continue until the August 15 City Council meeting, 1) Comprehensive Guide Plan Amendment changing the land use designation from D -III to CPD, 2) rezoning from AG to a PD, 3) a preliminary plat consisting of six lots and 4) a conditional use permit for pylon signs located along the North side of Cliff Road. 29. The preliminary plat entitled Stryker Addition consisting of 2 lots on 3.88 CSC zoned acres with existing buildings to be located at the South intersection of Beau D'Rue Drive and Rahn Road was approved. 30. Betty Bassett addressed the City Council regarding concerns due to the Seneca Plant expansion and action was taken for City staff to address the many issues raised by the citizens. NEW BUSINESS n 31. A motion to support the scenic easement (HWCC Seneca site) was denied to allow processing of an application by HER for the same location. 32. A special use permit for Reliance Real Estate for a temporary advertising sign located at the Northeast k of Section 19 was approved. 33. A special use permit for Reliance Real Estate for a temporary advertising sign located North of Highway 13 and Section 19 was approved. 34. A conditional use permit for a freeway pylon sign as requested by Fairview Development Company to be located adjacent to I -35E in the Southwest corner of the lot was approved. / 35. A conditional use permit requested by Hoovestal, Inc. to allow the sale and lease of used trucks and cars as a secondary use on Lots 3 and 4, Eagandale Center Industrial Park #2 was approved. 36. A preliminary plat for 14.5 light industrial acres for an office building use as submitted by West Publishing Company located North of Wescott Road and West of Highway 149 was approved. 37. A preliminary plat consisting of 12.68 public facility acres for a church located along Gloria Drive, West of Nichols Road entitled Peaceful Heights 2nd Addition as requested by Peace Reformed Church was approved. 38. The amendment to the City Code, Chapter 13 for adoption of the Park and Trail Dedication policy was continued for reviewal by the Development Task .Force until the September 19 meeting. 39. The developer's request for City/County financial participation for the Fairway Hills frontage road along Pilot Knob: Road between Camelback Drive and Interlachen Boulevard was presented and referred back to City staff with recommendation scheduled by the City Council at the September 5 meeting. D24t, 40. The resolution for the re -issuance of multi -family housing revenue bonds to refinance the Forest Ridge Apartment Project was approved. *FW_ 41 42 43 n.� 44 ADMINISTRATIVE AGENDA Approval was given to the sale of the 1977 Corvette that was declared surplus property to the high bidder, Mr. Bill ..Pliita,'in the amount of $5,009. Denial was given for a black and white ad to be placed in Business Ink magazine. A resolution rescinding Document 483435, the January 4, 1977 action of the City Council regarding building permits for Lot 14, Treffle Acres was approved. A request by Joe Miller Homes to allow model homes for the Cliff Ridge development was presented, however, no action was taken. All bills were approved and ordered paid. ,/r MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 28" 1989 SUBJECT: UPDATE BETTY BASSETT PRESENTATION Included on the August 1 agenda is a request by Betty Bassett to address the City Council on various issues pertaining to the Seneca Wastewater Treatment Plant expansion. Betty and other members of the Odor Committee have raised several issues pertaining to operations and expansion of the Seneca Wastewater Treatment Plant and are feeling frustrated that the MWCC is not providing answers to their questions. Attachments, both Betty's letter and a memo responding to the letter prepared by Kristy Marnin, will indicate that several of the issues are outside the scope and purpose of the Odor Committee. Staff has attempted to request that members of the., Committee focus on the specific objective that was outlined in the development agreement, however, invariably the discussion leads to many other issues as outlined in Betty's letter. Realizing this is a non -action item, the City Council may want to limit the, discussion time and re -emphasis that the purpose of the Committee'is to address the issues identified in the development agreement. I wrote a memo that was circulated to the Committee approximately two (2) months ago that provided a specific direction for their Committee work as I interpreted the intent of the development agreement. Attached is a copy of that memo. Certainly, the City Council has the right to expand the scope and tasks of the Committee, and this is your alternative. ROSENE EVENING WEDNESDAY AUGUST 2 For those of you that are planning to attend the Rosene outing on Wednesday, August 2, at the Minnesota orchestra Hall, Tom Colbert and I would be happy to 'provide carpooling from a location to be determined. We can discuss arrangements immediately following the meeting on Tuesday. /S/ Thomas L Hedges City Administrator. Attachment MEMO TO: Dale Runkle, Community Development Director FROM: Tom Hedges, City Administrator DATE: May 8, 1989 SUBJECT: Seneca Odor Control Advisory Committee It has come to my attention that questions have been raised regarding the role of the Seneca Odor Control Advisory Committee, established under the Seneca Plant Development Agreement between the City and the Metropolitan Waste Control Commission (MWCC). To clarify this issue, following is a brief discussion of this Development Agreement. The Seneca Plant Development Agreement is an agreement between the City of Eagan and the MWCC. The Odor Control Adyisory Committee is not a party to this agreement. In this agreement, specific conditions are listed which must be satisfied by the MWCC and the .,City with regard to platting, permits, sludge management and odor monitoring. The Community Development Department is the responsible department within the City for the supervision and enforcement of the Agreement for the City. Section 3.1.c. of the Agreement requires the MWCC to implement an odor control program which includes, among other things, an odor advisory committee. The purpose of this committee is to provide a forum for informational exchanges and discussions between the MWCC, the City and interested citizens regarding the plant expansion, operations and odor issues. The committee's authority is advisory only, and does not extend beyond these duties. I will be unable to attend the next committee meeting on May 10, 1989, because I will be attending an out-of-town conference. However, City Attorney Jim Sheldon will attend this meeting to assist in any clarification of the committee's duties. Kristy Marnin, Planner I, is the City's official representative to this committee, and has been coordinating committee activities with the two of us. Since the committee has not yet elected a chair, Kristy should chair the committee until one is elected. If there are any other concerns regarding the Seneca Odor Control Advisory Committee, please advise. GVOW.Ous�,4 Thomas L. Hedges, C y Administrator TLH:kcm AGENDA C REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 1, 1989 6:30 P.M. I. 6:30 - ROLL CALL b PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT MEAD BUSINESS (BLUE) A. PARKS DEPARTMENT 1. ACQUISITION, 1/2 Acre Parcel Adjacent to Diffley/Lexington Athletic Site, Lot 3, Block 2, Kensington Addition SELECT Architectural Services, 1990 Park Building Design and Construction B. FINANCE DEPARTMENT 11. ;RENEWAL, General Insurance and Workers Compensation, July 1, 1989 - June 30, 1990 IV. 6:55 - CONSENT AGENDA (PINK) ) 7D A. PERSONNEL ITEMS L( B. RENEWAL, Gambling License for Lions Club at Cedarvale Lanes, Inc., 3883 Beau D'Rue II Drive F.21 C. SECOND SUPPLEMENTAL INDENTURE, $20,460,000 Single Family Mortgage Revenue Bonds Series 1980 r?.ZD. 1989 GENERAL FUND Budget Adjustments - Contributions ,3( E. SENIOR CITIZEN Deferment Application 3A -F. CONTRACT 88-18, Thomas Lake Park Pavilion, Acceptance/Final Payment .33 G. RENEWAL, Janitorial Services with Dakota, Inc., for Park Shelter Buildings .34 H. FINAL PLAT, Cray 2nd Addition .541. CONTRACT 88-31, Final Payment/Acceptance (Well #12) .,34J. APPROVE 1990 Budget for Black Dog Watershed Management Organization 39 K. PROJECT 582, Receive Petition/Order Feasibility Report (Manor Lake 3rd and 4th Additions - Trunk Utilities) P,3Q L. PROJECT 495, Receive Final Assessment Roll/Order Public Hearing (Dallas Development 2nd - Streets and Utilities) p,3 Q M. PROJECT MR, Receive Final Assessment Roll/Order Public Hearing (Cutter's Ridge - Utilities) T•Zq N. PROJECT 554, Receive Final Assessment Roll/Order Public Hearing (General Electric 7.31 Supply Company - Storm Sewer) 35 0. PROJECT 577, Receive Feasibility Report/Authorize Public Hearing (Austin Road) �35 P. CONTRACT 88-S, Final Acceptance (Town Centre 70 - 9th Addition) .q4 Q. CONTRACT 89-01, Receive Bids/Award Contract (1989 Sealcoating) �Z R. VEHICLE #136, Approve Specifications/Authorize Bid Solicitation (Public Works Street PCrack Sealer/Melter/Applicator) V. 7:00 - PUBLIC HEARINGS (SALMON) 70 A. VACATE Utility Easement - Kingswood 2nd Addition '{rJB. VACATE a Portion of Public Right -of -Way - Cedarvale Boulevard '/-!!� C. PROJECT 571, Cray Research - Storm Sewer �gam$ D. PROJECT 572, Lexington Way - Street and Trunk Water Main p,(�� E. VACATE Abandoned County Right -of -Way - Diffley Road West of Pilot Knob Road VI. OLD BUSINESS (ORCHID) 70 A. COMPREHENSIVE GUIDE PLAN AMENDMENT, Park Center Addition/Federal Land Company, r Changing the Land Designation from D -III Mixed Residential (Approximately 21.3 Acres) to C.P.D. (Commercial Planned Development) a REZONING from AG (Agricultural) to a Planned Development District, a PRELIMINARY PIAT Consisting of Six Lots and a CONDITIONAL USE PERMIT for Pylon Signs Located Along the North Side of Cliff Road, West of Rahn Road in the SE 1/4 of Section 3 -P,17,6 B. PRELIMINARY PLAT, Stryker Addition/DCR Company, Consisting of Two Lots on 3.8& CSC (Community Shopping Center) Zoned Acres with Existing Buildings Located at the South 'I Intersection of Beau D'Rue Drive and Rahn Road in the NE 1/4 of Sec 19 �`t9 C. REQUEST by Betty Bassett to Further Discuss Seneca Wastewater Treatment Plant VII. NEW BUSINESS (CRAY) A. SPECIAL USE PERMIT, Reliance Real Estate, Temporary Advertising Sign Located at PID# 10-01900-011-02, NE 1/4 of Sec 19 B. SPECIAL USE PERMIT, Reliance Real Estate, Temporary Advertising Sign Located at PID# 10-01900-011-02, North of Highway 13 in Sec 19 A•16� C. CONDITIONAL USE PERMIT, Fairview Development Company, to allow a pylon sign in the 1 PD (Planned Development) district located on Lot 1, Block 1 of Pondview Addition (Eagan Medical Center), in the southwest corner of the intersection of Duckwood Drive and Crestridge Lane east of I -35E in the NE 1/4 of Section 16. �• « 6 D. CONDITIONAL USE PERMIT, Hoovestal, Inc., to allow truck and trailer sales in the LI (Light Industrial) district located on Lots 3 and 4 of Eagandale Center Industrial Park #2 on the east side of Lone Oak Circle north of Lone Oak Road in the SW 1/4 of Section 2. T2. 111 E. PRELIMINARY PLAT, West Publishing 3rd Addition/west Publishing Company of 14.5 LI (Light Industrial) and acres for office building use located north of Wescott Road and west of Highway 149 in the SW 1/2 OF Section 13. F. PRELIMINARY PLAT, Peaceful Heights 2nd Addition/Peace Reformed Church, Consisting of 12.68 PF (Public Facilities) acres for a church expansion located along Glory Drive west of Nicols Road in the NW 1/4 of Section 30. 'p 20 3G. ORDINANCE AMENDMENT, CITY OF EAGAN, to the Subdivision Ordinance to allow for trail Idedication requirements. 7,11 H. REQUEST for Cost Participation, Fairway Hills 1st and 2nd Additions - Frontage Road ,Z I. REQUEST to Issue Multifamily Housing Revenue Refunding Bonds - Forest Ridge Apartment Project/Forest Ridge Partnership VIII. ADDITIONAL ITEMS (COLD) LR. ADMINISTRATIVE AGENDA (GREEN) X. - VISITORS TO BE HEARD (for those persons not on agenda) RI. ADJOURNMENT MEMO TO: FROM: CITY MAYOR AND CITY DATE: JULY 26, 1989 SUBJECT: AGENDA MEETING HEDGES FOR AUGUST 1, 1989 CITY COUNCIL After approval is given to the August 1, 1989 agenda and regular meeting minutes for the July 18 City Council meeting, the following items are in order for consideration. A. PARKS DEPARTMENT Item 1. Acquisition, One -Half Acre Parcel Adjacent to Diffley/ ,I,esington Athletic Site --The Parks and Recreation Advisory Commission is recommending the acquisition of Lot 3, Block 2 of Kensington Addition, the one-half acre parcel on the north side of Cambridge Court that is currently owned by First Financial Corporation, as an additional parcel concluding the land acquisition for the Diffley/Lexington athletic site. For additional information on this item, refer to a staff report prepared by the Director of Parks and Recreation enclosed on pages y through 3 . The Director of Community Development has reviewed th Kensington PUD agreement, his comments are included on page /. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the acquisition of Lot 3, Block 2 of Kensington Addition, a one-half acre parcel on the north side of Cambridge Court from First Financial Corporation. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM ;i,.p KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 11, 1989 RE: DIFFLEY/LEXINGTON ATHLETIC SITE FIRST FINANCIAL CORPORATION BACKGROUND: The City Council previously approved the acquisition of the Diffley/Lexington athletic site from H.U.D. Lot 3, Block 2 of Kensington Addition, the 1/2 acre ^parcel on the north side of Cambridge Court and owned by First Financial Corporation was also to be acquired. Staff has had several contacts with the representative for First Financial to discuss the purchase price. PROPERTY USE• The parcel was originally intended to be used as the commons area for the planned townhouse/condominiums. A swimming pool shell was constructed on the lot in anticipation of its use in this manner. The Planning Department/Community Development has been asked to review the Kensington P.U.D. agreement and make a determination as to if the property could be used for any other purpose which would obviously have an impact on the value. STATUS OF NEGOTIATIONS: Staff had suggested an acquisition price of $9,000 to the Owner. This is about the same per acre cost the City acquired the H.U.D. property for. The Seller was to also pay for all assessments and taxes. Recently, the Seller has responded with a counter offer to the City. They are willing to sell the parcel at $7,500 w-ith the City to assume all assessments and taxes. A call to the County revealed that there remains $3,980 in assessments and a total of $4,426 in tax for years 1987, 1988 and 1989. There would also be an interest charge possibility calculated after July 1. Attached is the Seller's response with the counter offer. DISCUSSION• The City has several options. Accept the terms or attempt to negotiate a different price. The City could also consider allowing the parcel to go into tax forfeiture, but this assumes the developer would not try to develop the land in some other manner. The City could also consider condemnation if it is felt that this would be successful in significantly reducing the purchase price. 0 FOR COUNCIL ACTION: To approve the acqu,is,ition of the parcel at the Seller's offer or To not approve the acquisition at the Seller's price and to AIM Attachment 3 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: "JULY 26, 1989 RE: AUGUST 1, 1989 CITY COUNCIL AGENDA ITEMS The Community Development. Department has been asked to coordinate and review the status of the Planned Development Agreement for Lexington South as it relates to the Kensington development. it appears that the appraised/market value of the one-half acre parcel in the Kensington development would be the same as the 67 acres to the north previously acquired by the City. The value of the property should be based on the same factors used previously in the analysis of the property to the north. Any negotiated price which was better than the purchase price of the 67 acres would be ;a benefit to the City. At this point, they have not done an analysis of the property other than comparing this parcel to the parcel to the north and the same circumstances would apply. If additional information is required, we could request more appraisals and detailed information, however we feel the results would be the same; it would be compared with the 67 acres. Agenda Information Memo August 1, 1989 City Council Meeting PARRS DEPARTMENT CONTID Item 2. Select Architectural Services, 1990 Park Building Design and Construction --At the recommendation of the Advisory Parks and Recreation Commission and in concurrence with the City Council, the architectural firm of Schwartz/Weber has designed and coordinated construction management of park shelter buildings in several City parks during the past three to four years. Recently, the original contract with the firm was kept open and extended in order to complete the building contract for 1987 and again during 1988 to complete the design/construction management for the Thomas Lake park shelter building. There are three (3) parks that will contain park shelter buildings and in the case of Blackhawk Park a park pavilion, all three to be considered for construction in early 1990. It is the recommendation of the Director of Parks and Recreation on behalf of the Parka, and Recreation Advisory ,Commission is recommending the selection of Schwartz/Weber AArchitects to perform design/construction of park shelter buildings in 1990 or authorize a time line and RFP architectural process to select the new architectural firm to complete the design and construction.management as presented. For additional information on this item, refer to a memo prepared by the Director of Parks and Recreation included on pages _4:_ through __;L_. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1) selection of Schwartz/Weber Architects to perform design/ construction of park shelter buildings in 1990 or 2) authorize a time line and RFP architectural process to select a new architectural firm. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR FROM KEN VRAA, DIRECTOR OF PARKS A RECREATION DATE: JULY 13, 1989 RE: ARCHITECT SELECTION 1990 PARK BUILDING DESIGN AND CONSTRUCTION BACKGROUND The Advisory Commission, City Council, and City staff previously selected the architectural firm of Schwarz/Weber to design/construct park shelter buildings. The original contract with the firm was kept open and extended in order to complete the building contract of 1987, and again last ,year to complete the design/construction of the Thomas,Lake Park shelter building. It is anticipated that Blackhawk Park will have a park pavilion; preliminary concept plans would be beneficial to have for an eventual neighborhood meeting regarding this park. In addition, park shelter buildings for Bridle Ridge Park and Ohmann Park are called for and should be under contract by early 1990, for fall 1990 use. ISSUE Staff is seeking .authorization to hire architectural services with Schwarz/Weber for a Blackhawk Park building and proceed Park and Ohmann Park. ALTERNATIVES AND DISCUSSION and/or negotiate a contract for Architects to prepare concept plans with building plans for Bridle Ridge The Council may wish to consider sending out requests for proposals, and again go through a selection process which would lead to the hiring of an architectural firm to do the above mentioned work. However, the department staff has been very pleased with the design work, as well as the attention to the construction phase,, that Schwarz/Weber has provided to the City. This feeling is shared by the Advisory Parks and Recreation Commission. Consequently, there is not a good reason to exclude Schwarz/Weber from any firms asked to respond to an R.F.P., based on their work history with the City. It would not be unusual for us to award the work directly to this firm. However, if there is overwhelming or a compelling reason to select another firm, this would be an opportune time to begin a process that would lead to the selection of another firm. 2 ARCHITECT SELECTION JULY 13, 1989 PAGE TWO Staff is recommending that Schwarz/Weber be hired, assuming a suitable contract can be negotiated, to do the design and construction contract, for 1990 park shelter buildings. Their past performance, both in design and construction phase management, has been excellent. This past experience with the City would be advantageous, due to the fact that they are familiar with the structures , building materials pallet and understand the design concerns of the City,. I believe that most individuals within the. City,, as well as the ,public, are pleased with the current park shelter buildings; therefore, continuation of their work is well justified. It would also be advantageous to work with them, in that park shelter buildings for Bridle Ridge and Ohmann Park are likely to be replicas of existing, structures, and modifications to existing plans would be readily adaptable through this firm, rather than a whole new drawing process with another company. FOR COUNCIL ACTION Authorize the hiring of Schwarz/Weber Architects to do the design/construction contract for 1990 park shelter buildings (assuming successful negotiations for a work contract), or authorize a timeline and R.F.P. architectural process for an architect to design/construct for 1990 park buildings. KV/bls I Agenda Information Memo August 1, 1989 City Council Meeting B. FINANCE DEPARTMENT Item 1. Renewal of General Insurance and Workers Compensation -- Mr. Jeff Bowers of First Insurance has completed the renewal application process for the City of Eagan's renewal of general liability and workers compensation. For additional information on this item, refer to a memo prepared by the Director of Finance which includes support documentation prep red by First Insurance. This information is enclosed on pages �, through 4 -- ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the insurance renewal for July 1, 1989 through June 30, 1990. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JULY 26, 1989 SUBJECT: INSURANCE RENEWAL - JULY 1, 1989, THROUGH, JUNE 30, 1990 Mr. Jeff Bowers of First Insurance has completed the renewal application process with the League of Minnesota Cities Insurance Trust. The renewal package is, therefore, in order for consideration by the City Council. Attached to this memo is the following supporting documentation: 1. Summary of Insurance This material highlights the coverages which are currently in force for the City as well as the deductibles and limits. (Pages 1-5) 2. Premium Recap This single page shows the premium by coverage type for the various types of coverages as outlined in the summary. (Page 6) 3. Comparative Analysis These two pages compare the premiums for 1988 with those proposed for 1989. You will note that in nearly every case the total premiums are increasing, however, the increases relate to the size of the operation. For example, property coverage shows an increase in value covered of 32.3% while the total premium has increased 10.7%. In other words, if the value had remained constant, the premium would have been reduced. (Pages 7 & 8) 4. Optional Coverage Ouotation At our request, a quotation was solicited for excess liability. As you will note, the premium is '$68,966 for $1,000,000 of excess liability coverage. This appears to be rather expensive, but the City Council should make a specific determination as to whether or not it is desired. Staff recommendation would be that the premium is too high for the protection afforded and the coverage should not be purchased at this time. (Page 9') As we discussed briefly, consideration has also been given to increase certain deductibles to reduce the premiums. Possible changes and savings would be as follows: Deductible Current Other $1,000 $10,000 $1,000 $25,000 Property Coverage 9 Premium Savings $2,784 $4,858 General Liability Deductible Current Other $5,,000 $10,000 $5,000 $25,000 Premium Savings $5,314 $11,958 Again the utilization of higher deductibles is a matter the City Council might want to consider. Staff recommendation would be that in the current market the relatively small savings would not justify the greater exposure for the City and the deductibles should remain as they currently exist. Workers Compensation is an area of concern at this point as the City's experience modification factor has increased from .85 to 1.01. The frequency and severity of claims has increased dramatically. We will be working with First Insurance and EBA to increase our efforts at loss prevention as well as reviewing ways to reduce overall costs by paying certain medical claims outside ,,of the current system. Please let me know if you would like to discuss this in more detail or if you would like any additional information. (a v Financ Director/City Clerk EJV/kf /d JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 L.M.C.I.T. Pol. No., TBD 7-1-89/90 SUMMARY OF INSURANCE COMMERCIAL PACKAGE Building and Contents All Risk (Per Company Form) Agreed Amount/Replacement Cost $ 1,000 Deductible $15,537,676 Blanket Limit (Schedule Attached - On File with Company) Contractors' Equipment All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 1,000 Deductible. $ 685,255 Limit (Schedule Attached - On File with Company) Miscellaneous -Property All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 500 Deductible $ 41,474 Limit (Schedule Attached - On File with Company) 1. e. JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Voting Machines All Risk (Per Company Form) 1008 Coinsurance Actual Cash Value $ 500 Deductible $ 78,500 Limit Valuable Papers 6 Records All Risk (Per Company Form) $ 500 Deductible $100,000 Limit Location: City Hall Accounts Receivable All Risk (Per Company Form) $ 500 Deductible $100,000 Limit Location: City Hall Crime Money & Securities Broad Form $ 250 Deductible $ 50,000 Inside $ 50,0100 Outside Location: City Hall a /X'.1 JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Comprehensive General Liability "Claims Made" form* $600,000 Bodily Injury a Property Damage - Combined Single Limit $600,000 Products/Completed Operations Aggregate Limit $ 5,000 Deductible - Bodily Injury (Per Claim) $ 5,000 Deductible - Property Damage (Per Claim) $ 1,000 Medical Payments - Each Person Limit Includes: Premises/Operations Products/Completed Operations Blanket Contractual Personal Injury - Including Law Enforcement Personnel Broad Form, Property Damage Host Liquor Liability Fire Legal Liability ($50,000) Employees as Additional Insureds Extended Bodily Injury Independent Contractors Incidental Medical Malpractice Non -Owned Watercraft (Up to 26') Fellow Employee Exclusion Deleted Limited Pollution Liability (Retro Date: 6-1-88) Punitive Damages Excludes: *Prior Acts (Retro Date: 7-1-87) Airport Liability Utility Supply Failure Nursing Home Liability Liquor Legal Liability 3 • /3 i JEFF BOWERS CITY OF EAGAN FIRST INSURANCE JULY, 1989 EDINA, MINNESOTA 55435 Public Officials Liability "Claims Made"'form* $ 5,000 Deductible - Each Loss $600,000 Limit - Each Loss Including: Punitive Damages Inverse Condemnation (Retro Date: 6-1-88) Excluding: Claims occurring between 1-6-86 s 1-6-87 *Prior Acts (Retro Date: 7-1-87) L.M.C.I.T. AUTOMOBILE Pol. No. TBD 7-1-89/90 $600,000 Bodily Injury 6 Property Damage - Combined Single Limit BASIC Personal Injury Protection $600,000 Uninsured b Underinsured Motorist $ 250 Deductible - Comprehensive $ 11000* Deductible - Collision Actual Loss Sustained Miscellaneous Equipment on Autos (Police vehicles, fire trucks, utility vehicles and ambulances) Schedule of Vehicles Attached - On File with Company (Total - 132) 30 Day Reporting Required Includes: Hired 6 Non -Owned Auto Liability Fellow Employee (Exclusion Deleted') *Except as Specified y. I JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 CITY OF EAGAN JULY, 1989 L.M.C.I.T. WORKERS'' COMPENSATION Pol. No. TBD 7-1-89/90 Employer's Liability $200,000 Bodily Injury -.Any One Employee $600,000 Bodily Injury - Any One Occurrence $6.00,000 Bodily Injury by Disease - Aggregate Limit Classification Code Payroll Rate Street/Road Const. 5506 $ 252,0.00 8.10 Y Waterworks 7520 $ 238,000 3.23 Firemen (Volunteer) 7708 38,943 pop. 77.63 Policemen 7720 $1,348,000 4.54 Clerical NOC 8810 $1,113,000 .39' Building Maint. 9015 $ 36,000 9.95 6 Repair Parks 9102 $ 422,000 5.02 Sewer Line Maint. 9402 $ 63,000 6.08 6 Snow Removal Municipal Employees 9410 $1,056,000 2.91 Elected or Appointed 9411 $ 18,200 2.91 Officials Experience Modification: 1.01 Premium Discount: $19,,207 United Fire PUBLIC'EMPLOYEES BLANKET BOND S Casualty Bond #51-062472 7-1-89/9.0 $ 28,000 Faithful Performance Blanket Position (Insured Agreement 4) JEFF BOWERS FIRST INSURANCE EDINA, MINNESOT PACKAGE e 55435 PREMIUMS RECAP Property Contractor's Equipment Miscellaneous Equipment Voting Machines Valuable Papers & Records Accounts Receivable Crime Coverage Comprehensive General Liability Public Officials Liability Inverse Condemnation AUTOMOBILE LIABILITY PHYSICAL DAMAGE LIABILITY - Include Miscellaneous Equipment on Autos WORKERS' COMPENSATION PUBLIC EMPLOYEES BLANKET BOND VOLUNTEER FIREMEN AD&D TOTAL 16 CITY OF EAGAN JULY, 1989 $ 28,669.00 4,364.00 Included Included Included Included 1,125.00 106,.294.00 14,620.00 4,606.00 36,510..00 19,944.00 166,356.00 1,687.00 866.25 $385,441.25 '• JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 COMPARATIVE ANALYSIS (April 1989) CITY OF EAGAN JULY, 19B,9 Premium Coverage 1988 1989 1. Property (Blanket Building 6 Contents) $ 25,883.00 $28,668.00 Values insured are increased by 32,.3 from $11,743,077 to $15,527,676. Premium has increased by 10.78. 2. Inland Marine (Contractors Equip. $ 4,610.00 $ 4,764.00 Misc. Equip. 6 Voting Machines) Values Insured are increased by 12.48 from'$716,309 to $805,229. Premium has increased by 3.38. 3. Valuable papers & Records & $ 184.00 $ 184.00 Accounts Receivable No Change. 4. Crime Coverage ,L'y���k °� $ 225.00 $ 1,125.00 Premium has increased 50". Limits increase 5008. 5. Comprehensive General Liability $ 97,891.00* $110,900.00** Estimated Operating Expenditures have increased by 24.68 from $10,411,670 to $12,977,570. Premium has increased by 10.68.. 6. Public Officials Liability $ 15,645.00 $ 14,620.0.0 Premium has decreased by 78 due to reduction of basic rates. *Inverse Condemnation included without charge (premium should read $100,256). **Including annual premium charges for Inverse Condemnation and Limited Pollution Liability endorsement. i JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 Coverage 7. Automobile Liability 6 Physical Damage Total number of rated autos has increased by 109 from 120 to 132. CITY OF EAGAN JULY, 1989 Premium 1988 $ 51,083.00 Premium has increased by 10.59 and } a' we've added new coverage: titi` Misc. equipment on autos - annual premium of $2,625 included above and this has increased the cost per unit,`\ by 1.0049. 8. Workers' Compensation $164,507.00 Total estimated payrolls have increased by 11.88 from $4,101,000 to $4,585,143. Premium has increased by 1.19 over-all. Note changes in rates on classifications. 9. Public Employee Blanket Bond Total number of Class I 6 II employees have increased by 59.59 from Ill to 177. Premium has increased by 108. 10.. Volunteer Firemen AD&D TOTAL PREMIUM, Other Than Workers' Compensation (10.79 Increase) TOTAL PREMIUM, Including Workers' Compensation (6.49 Increase) $ 1,522.00 $ 866.25 $197,909.25 $362,416.25 1989 $ 56,454.00 $166,.356.00 $ 1,687.00 $ 866.25 $219,269.25 $385,625.25 JEFF BOWERS FIRST INSURANCE EDINA, MINNESOTA 55435 CITY OF EAGAN JULY, 1989 OPTIONAL COVERAGE QUOTATION Excess Liability Coverage $1,000,000 s Follow Form: Special Exclusions: ANNUAL PREMIUM: Limit of Liability Underlying coverage as scheduled Child Molestation $68,966 \O Agenda Information Memo August 1, 1989 City Council Meeting There are eighteen (18) 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. Police Officer -- Authorization for an additional police officer as of September 1, 1989 was given in the 1989 budget. It is the recommendation of Chief of Police Geagan that Community Service Officer David Stubstad be hired for that new position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Stubstad as a police officer effective September 1, 1989. Item 2. Receptionist -- Over 300 applications were received for this position. After screening of the applications, approximately 70 applicants were given a telephone interview. From the results of this interview, 21 applicants were invited to the Eagan Municipal Center on July 28 for a preliminary interview conducted by Administrative Assistant/Deputy Clerk Witt and Assistant to the City Administrator Duffy. Approximately five/six of these applicants will be invited back to the Municipal Center on August 2 for a practical test to be given by Duffy and for a final Interview to be conducted by Director of Finance VanOverbeke and Witt. Due to the necessity to have the receptionist begin work as soon as possible, it is recommended that the City Council approve the hiring of a receptionist as selected through the above process and recommended by the above personnel, subject to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: T person recommended for hire as of August City of Eagan, subject to successful physical examination requirement. To M approve the hiring of the 2 as receptionist for the completion of the City's Agenda Information Memo August 1, 1989 City Council Meeting RENEWAL/GAMBLING LICENSE/LIONS CLUB B. Renewal, Gambling License for Lions Club at Cedarvale Lanes -- A gambling license renewal application was submitted by the Eagan Lions Club to continue the sale of pull -tabs at Cedarvale Lanes. The application includes the name of Jack Kaysen, Chief Executive Officer, Gary Manney, Treasurer and Jerry Marko, Gambling Manager. The Eagan Police Department has reviewed the application and finds the request to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the gambling license renewal application submitted by the Eagan Lions Club for the sale of pull -tabs at Cedarvale Lanes. SINGLE FAMILY MORTGAGE REVENUE BOND SECOND SUPPLEMENTAL INDENTURE' •A C. Supplemental Indenture, $20,460,000 Single Family Mortgage Revenue Bonds Series 1980 --RRC Resources, Inc.., in completing a compliance review for the restructured bond program discovered defects in the first supplemental trust indenture executed in connection with the restructuring. The bond program makes reference to the $20,460,000 Single Family Mortgage Revenue Bonds that were sold in 1980 to allow lower mortgage rates for first time homebuyers within the City of Eagan. Attached for City Council review on pages 22 through � is a letter from KRC Resources, Inc., that explains the required action in more detail,. The Director of Finance has reviewed the document with the City Attorney's office and they will issue the required opinion upon the Council approving the attached resolution. The City has also received the necessary consent from First Interstate Mortgage Company as program administrator. ACTION TO BE CONSIDERED ON THIS ITEM: To approving and authorizing the execution of trust indenture - $20,460,000 Single Family Series 1980. approve the resolution A second supplemental Mortgage Revenue Bonds KRC RESOURCES, INC. THE OMAHA BUILDING 1060 FARNAM STREET OMAHA, NEBRASKA 00702 (402) 948.0000 June 16, 1989 Mr. Eugene Van Overbeke Finance Director City of Eagan, Minnesota City Hall 3830 Pilot Knob Road Eagan, MN 55122 $20,460,000 City of Eagan, Minnesota Single Family Mortgage Revenue Bonds Series 1980 Dear Mr. Van Overbeke: In the course of our compliance review for the restruc- tured bond program captioned above, KRC Resources, Inc. discovered defects in the First Supplemental Trust Inden- ture (the "First Supplemental Indenture") executed in con- nection with the restructuring. A description of these defects is set forth in our Annual Report dated October 31, 1988, a copy of which is enclosed. Specifically, the First Supplemental Indenture: (a) needs to require that excess moneys over the Mortgage Reserve Fund Requirement be transferred to the Principal Prepayment Subaccount semiannually to be used to redeem bonds; and (b) needs to provide that excess moneys in the General Account be transferred to the Principal Prepay- ment Subaccount after each interest payment date. We have received confirmation from Ms. Joan M. DiMarco of Laventhol & Horwath that the cash-flow projections pre- pared at the time of the restructuring made the assumption that the transfers described above would be made at the times described above. Consequently, we are suggesting that the City of Eagan, Minnesota, as Issuer, and First Trust National Association, as Trustee, enter into a Second Supplemental Trust Indenture (the "Second Supplemental Indenture") to cure the defects. 1,,2 KRC RESOURCES, INC. Mr. Eugene Van Overbeke June 16, 1989 Page 2 Pursuant to Section 4.03 of the First Supplemental Indenture, the written consent of the Bond Insurer is required for the execution of supplemental indentures. I have enclosed a copy of the Bond Insurer's consent letter. We would like you, as Finance Director for the City of Eagan, to turn over the appropriate documents to your coun- sel. We would like your counsel to take the following action: 1. review the documents to satisfy himself that there is nothing out of order; 2. ask the City to pass a Resolution authorizing the execution of a Second Supplemental Indenture and then have the City execute the Second Supplemental Indenture (this may be done at any regular meeting of the City's governing body); and 3. render his opinion as to the validity of the Second Supplemental Indenture. To that end, I have enclosed the Second Supplemental Inden- ture and forms of the Resolution, the validity opinion we would like your counsel to render and the opinion of Kutak Rock & Campbell as to the tax-exempt status of the Bonds. I have included several extra signature pages of the Second Supplemental Indenture and the Resolution so that all parties may have original signature pages when I prepare transcripts. Of course, should the language in the Second Supplemen- tal Indenture not meet with your approval, we would expect to hear from your counsel with his comments. I would appreciate your returning to me the executed Second Supplemental Inden- ture and Resolution and the extra executed signature pages. I will also need a validity opinion from your counsel on his or the City's letterhead. Once I have the necessary docu- ments in hand, I will arrange to procure the tax opinion of Kutak Rock & Campbell and I will prepare transcripts for all parties. I have sent the Second Supplemental Indenture to the Trustee today for its review and signature and have asked the Trustee to return the executed document to me. For your information, Section 10.02 of the original Trust Indenture provides that the consent of First Interstate Mortgage Company, the Program Administrator (the "Administra- tor"), is required before a supplemental indenture may be executed. You indicated to me in our phone conversation today that I may rely on you and your counsel to secure the 2� KRC RESOURCES, INC. Mr. Eugene Van Overbeke June 16, 1989 Page 3 Administrator's consent. I have enclosed a form that the Administrator may use in giving its consent and a copy of the Second Supplemental Indenture that should be sent to the Administrator along with the consent form. To summarize what I need from, you, here is a checklist: 1. Executed Second Supplemental Indenture and counterparts of -signature page;; 2. Executed Resolution and counterparts of signature page; 3. Opinion of counsel to City on 'appropriate letterhead (form of opinion enclosed in this letter); and 4. Consent signed by First Interstate Mortgage Company, the Program Administrator. Please do not hesitate to call me or Steve M. Skoumal, counsel to KRC Resources, Inc., at (402) 346-6000 with any questions you may have. Thank you for your assistance in this matter. Cordially, g-��IPak H. Brenn Assistant Secretary phb Enclosures cc: Mr. John G. Wenker (with enclosures) RESOLUTION A RESOLUTION APPROVING AND AUTHORIZING THE EXECU- TION OF A SECOND SUPPLEMENTAL TRUST INDENTURE AMENDING A TRUST INDENTURE DATED AS OF MAY 1, 1980, AS AMENDED BY A FIRST SUPPLEMENTAL TRUST INDENTURE DATED AS OF MARCH 1, 1987, BY AND BETWEEN THE CITY OF EAGAN, MINNESOTA AND FIRST TRUST NATIONAL ASSO- CIATION. WHEREAS, the City of Eagan, Minnesota (the "Issuer") is a statutory city under the constitution and laws of the State of Minnesota (the "State"); and WHEREAS, the Issuer and First Trust National Association (formerly First Trust Company, Inc. and, before that, First Trust Company of Saint Paul) (the "Trustee") entered into a Trust Indenture dated as of May 1, 1980, as amended and Supplemented by the First Supplemental Trust Indenture dated as of March 1, 1987 (collectively, the "Indenture"); and WHEREAS, Section 10.01 of the Indenture permits the Issuer and the Trustee, without the consent of or notice to the Bondholders, to amend the Indenture to cure any ambiguity or formal defect or omission in the Indenture or to make any change which, in the judgment of the Trustee, is not to the prejudice of the Bondholders; and WHEREAS, the Issuer desires to amend and supplement the Indenture as set forth in the Second Supplemental Trust Indenture dated as of June 1, 1989 (the "Second Supplemental Indenture"); and WHEREAS, it appears that the Second Supplemental Inden- ture, which is now before each of the members of the Issuer, is in appropriate form and is an appropriate instrument for the purpose intended; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE ISSUER, AS FOLLOWS: ARTICLE I DETERMINATIONS AND DEFINITIONS Section 1.01. Authority and Purpose. This Resolution is adopted under the authority and in accordance with the provisions of Minnesota Statutes Annotated, Chapter 962C, as 7� amended (the 'Act"), to effect the public purposes delineated in the Indenture, for the purpose of curing certain ambigu- ities, supplying certain omissions, curing and correcting certain defects and inconsistent provisions and inserting certain provisions clarifying matters that have arisen under the Indenture and that are necessary and desirable, all in accordance with Section 10.01 of the Indenture. Section 1.02. Approval and Authorization of Documents. The Second Supplemental Indenture be and the same is in all respects hereby approved, authorized, ratified and confirmed, and the Mayor and City Clerk be and they are each separately and individually hereby authorized and directed to execute, seal and deliver, for and on behalf of the Issuer, the Second Supplemental Indenture in substantially the same form and content as presented to the Issuer on this date, but with such changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, addi- tions and deletions from the form thereof as presented to this meeting. ARTICLE II MISCELLANEOUS Section 2.01. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. Section 2.02. Prior Resolutions. All provisions of prior resolutions, or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflicts, hereby repealed. Section 2.03. Effective Date. This Resolution shall be in full force and effect immediately upon its passage and approval. -2- 3471k 74 f v4 PASSED AND APPROVED this day of 19 [SEAL] CITY OF EAGAN, MINNESOTA Attest: / By By (rte City Mayor The undersigned, City Clerk of the City of Eagan, Minnesota, hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by the City of Eagan, Minnesota at a meeting duly ca -fled and held on 19 i'n :accordance with law and that such resolution has not been repealed., revoked, rescinded or amended, but is in full force and effect on the date hereof. WITNESS my hand and the seal of the City of Eagan, Minnesota this day of 1 19 City Clerk ['SEAL] This Resolution is approved as to form by counsel to the City of Eagan, Minnesota. -3- 3471k Agenda Information Memo August 1, 1989 1989 GENERAL FUND ADJUSTMENTS/CONTRIBUTIONS D. 1989 General Fund Budget Adjustments/Contributions--The Director of Finance is recommending that all, general budget adjustments and revenue contributions be ratifiedby the City Council. Enclosed on pages through 0 is a copy of a memorandum prepared by the Direc or of Finance that discusses each adjustment. ACTION TO BE CONSIDERED ON THIS ITEM; To approve the 1989 General Fund Budget, Adjustments. M MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JULY 27, 1989 SUBJECT: 1989 GENERAL FUND BUDGET ADJUSTMENTS In an effort to provide a more current and realistic budget to actual report in the City's General Fund, I will be requesting City Council approval of budget adjustments on an on -,,going basis. Upon this approval the operating statements will be changed accordingly 'to the new appropriations'. These request for budget adjustments fall.in the following three (3) areas•: 1. Donations are received and earmarked by .the donor to a specific department and purchase. 2. Unspent funds appropriated in an earlier year are used for a current purchase. 3. Additional needs are identified in a particular department without a specified revenue source. It should be noted that #2 and #3 ,require the use of the current year contingency if any. After the contingency is allocated, we are forced to present a budget that is out of balance. The impact on fund balance is 'presented when the current year is closed. Specific adjustments are as follows: I. Estimated revenue for Contributions and Donations should be increased from $1;000 to $17,460. The donors with benefiting department and appropriate line items are as follows: Donor Department Amount Line Item Description Eagan Athletic Assoc Parks & Rec $370 #01-4410-000-31 Bases City of Lakeville Parks & Rec 3,040 #01-4570-000-31 Outdoor Stage First Bank Parks & Rec 1,500 #01-4350-000-31 Arbor Day Posters First Bank Parks & Rec 2-,400 #01-4840-000-31 Arbor Day Trees Midwest Cocadola Parks & Rec 3.,290 #01-4530-000-31 Scoreboards Eagan Lions Club Police 4,300 #01-4224-153.11 #01-4226-153-11 #01-4570-153-1.1 71 STAFF MEMO JULY 27, 1989 PAGE TWO Donor Department Amount Line Item Description Eagan Lions Club Police 1,560 #01-4411-150-11 Cost for 3 officers to attend DARE instruction $16,460 ("The Police Department is compiling a list of specific items purchased with these donated funds. II. Account number 01-4580-175-12 (Fire Department) should be increased by $20,000 to $40,000 and account number 01-4715-000-41 (Contingency) should be reduced from $114,080 to $94,080 to provide the required appropriation for the refurbishment of unit number 13 as authorized at the July 18, 1989 meeting. III. Account number 01-4540-000-07 (Community Development) should be increased to $60,000 from $0 and account number 01-4715-000-41 (Contingency) should be further reduced from $94,080 to $34,080 to provide the required appropriation for the purchase and installation of the emergency generator for the municipal center as authorized at the June 6, 1989, meeting. An appropriation of $60,000 was made and not spent in 1988. IV. Account number 01-4530-170-12 (Fire Department) should be increased to $25,000 from $0 and account number 01-4715-000-41 (Contingency) should be further reduced from $34,080 to $9,080 to provide the required appropriation for the parking lot improvements at Station 1. The contract for these improvements was authorized April 18, 1989, and a change order was approved July 18, 1989. Total contract cost is now $23,849. Engineering costs make up the need for the additional appropriation. An appropriation of $31,245 was made in 1988 and approximately $7,500 was spent on engineering services. Additional line item budget adjustments are being routinely made upon request of department heads. These adjustments only change appropriations between line items and do not cross departments or change the total department or City budget. Please let me know if you would like any additional information and/or a more detailed explanation. -ca Finan irector/City Clerk cc: Ken Damlo EJV/kf I Agenda Information Memo, August 1, 1989 City Council Meeting SENIOR CITIZEN DEFERMENT APPLICATION R. Senior Citizen 'Deferment Application --Ella and Otto Holz of 4665 Robert Trail South have applied for a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition. According to the Director of Finance, Mr. and Mrs. Holz meet all conditions as defined in the City Code and, therefore, the staff is recommending approval for the assessment deferment. Attached for City Council review without page number is a copy of their application, income tax information and other pertinent documents pertaining to their application for assessment deferment. ACTION TO BE CONSIDERED ON THIS ITEM: To approveor deny a senior citizen deferment. on Project 520 which installed the trunk utility improvements in the Manor Lake Addition for Ella and Otto Holz of 4,665 Robert Trail South. 3f Agenda Information Memo August 1, 1989 City Council Meeting CONTRACT-88-18/THOMAS LARE:PARK PAVILION F. Contract 88-18 for Thomas: Lake Park Pavilion to accept Final Payment --The architectural firm of Schwartz/Weber has recommended the final payment and acceptance of contract 88-18 to Astleford Construction. All punch list items have been reviewed by the architect and staff for completion and compiance•with the project specifications and, thereforey the Thomas Lake pavilion structure is found to be in order for formal acceptance. ACTION TO BR CONSIDERED ON THIS ITEM: To approve the final°payment, for Contract 88-13 to Astlefor-d Construction, Inc., in the amount of $11,311. 3Z Agenda Information Memo August 1, '1989 City Council Meeting RENEWALIJANITORIAL SERVICES FOR PARR SHELTER BUILDINGS G. Renewal, Janitorial Services for Park, Shelter Buildings --The Director of Parks and Recreation is recommending that the City execute a one year extension of a contract for janitorial services for park shelter buildings with,Dakota Inc. During 1988 the,City entered into an agreement with Dakota Inc. to provide janitorial and general ,park clean-up, when requested, on a one ,year basis. Dakota Inc., utilizes individuals with disabilities to perform the work ,and also provide supervision, transportation insurance and payroll functions. The department has generally been pleased with the quality of work. Given that the City has latitude and flexibility in adopting scheduled changes to meet our needs, Dakota Inc. has provided an important maintenance service throughout the City parks. FACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to enter into.a one year extension,of an agreement for providing janitorial and general clean-up within City parks by Dakota Inca on an as -needed basis. 33 Agenda Information Memo August 1, 1989 City Council Meeting FINAL PLAT/CRAY 2ND ADDITION H. Final Plat, Cray 2nd Addition --The staff has received an application for final plat for the Cray 2nd Addition as shown by the map enclosed on page 9_!! All conditions placed on the preliminary plat approved by the City Council at the July 5, 1989 City Council meeting have been satisfactorily applied with. All final plat application materials have been submitted, reviewed by staff, with the exception of the final development agreement, and assuming a favorable review, the item will be recommended for approval at the meeting on Tuesday. If the development agreement document is not agreeable by the City Attorney and Director of Community Development, this item will be pulled from the Consent Agenda and continued until the August 15 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat ,:for Cray 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. 3 Y- t 0 a a OUTLOT A s C almur c 99 , t � CRAY SECOND ADDITION I. a a 1 J ounaf • . Q I 1 LOT 2 1'x' oop '40 o.I 0Yg0► a � - � I � iO 1 � 1♦ C♦ ,`, b y Vol I �1p If �o 1(WJMUT � \ • ��� �� � amts, �- •..�yl�lS=mss ` 1� oinoT D a it ra sum 8 ar Agenda Information Memo August 1, 1989 City Council Meeting CONT. 88-31, FINAL PAYMENVACCEPTANCE (WELL NO. 12) I. Contract 88-31, Final Payment/Acceptance (Well No. 12) --The City has received a request for final payment along with a Certification of Compliance of City approved plans and specifications for the installation of Well No. 12. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the seventh and final payment of Contract 88-31 (Well No. 12) in the amount of $19,153.70 to Keys Well Drilling, Inc. and accept the project for perpetual maintenance subject to contractual warranty provisions. APPROVE 1990 BUDGET FOR BLACKDOG LAKE WATERSHED MANAGEMENT ORGANIZATION J. Approve 1990 Budget for Blackdog Lake Watershed Management Organization --The City of Eagan has received a proposed budget for the Blackdog WMO for $64,000.00 as broken down on page Due to the limited area of Eagan located within the boundaried of this WMO (River Hills 9th), the City of Eagan's financial share is $244.00 (0.38$). In accordance with the Joint Powers Agreement establishing this WMO, all participative cities are allowed 30 days to review and comment on the proposed budget and submit objections, if any. This proposed small budgetary allocation has been taken into consideration in the submittal of the Public Works Department 1990 Budget. It is the recommendation of the Public Works Director that the Council approve the Budget as submitted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1990 Budget for the Blackdog Lake Watershed Management Organization. 34 BLACK DOG LAKE DRO 1990 BUDGET 1986 1987 1988 1989 1990 EXPENDITURES BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ESTIRATE- BUDGET Plan Preparation and Planninq 15,060 25;585 10,000 91998 15,500 9,510 5,000 5;000 5,000 Raintenance 0 0 12.000 0 10,000 31,511 31,000 31,000 10,000 Insurance 3,000 2,526 3;000 21001 3,000 1,981 1,000 2,000 2,100 Leaal and Audit 1,500 1.961 1,500 1,928 1,000 2,292 3,000 3,000 3,500 Administrative services 51000 6,002, 5;000 1,193 1,000 1,121 1,000 1,000 3,500 Printinq, Supplies and.,Postage, 500 818 500 224 1,000 3,000 0 0 0 7,100 0 7,100 0 5,800 ContingencY 5,000 0 0 5,000 0 0 6 1,000 1',000 1,000 1,000 Conferences/Publications 0 0 0 .13 0 2,600 2,600 3,.100 NOD Contribution to Geoloqic Atlas 0 0 0 11 TOTALS 13,000 36,925 10,000 16,611 11,500 11,567 56,000 56,000 61,000 1986 1987 1988 1989 1990 REVENUES ACTUAL ACTUAL ACTUAL ESTIBATE ESTIBATE Apple Valley 1.511 10.191 1:196 10.19% 1,339 10:16% 5,05S 10.16% 6,691 10.15% Burnsville 35,166 82.18% 32,992 82.181 31,110 82.27% 16,060 02.26% S2.619 82.26% Eaaan 163 0.38% 152 0.38% ISO 0.36% 213 0.38% 211 0.38% Lakeville 2.150 6.101 2,558 6.10% 2,761 6.66% 3,730 6.661 1,263 6.66% Savaqe 110 0.26% 102 0:261 99 0.21% 131 0.11% 153 0.21% TOTALS 13,600 100.00% 10,000 100.00% 11,S00 106.60% 56,000 100.00% 61,000 100.00% FUND BALANCE, ENDING 6,075 29;131 -23,361 13,361 r Agenda Information Memo August 1, 1989 City Council Meeting PROJ, 582, RECEIVE PETITION/ORDER FEASIBILITY REPORT (MANOR LAKE 3RD.& 4TH ADDITION -TRUNK UTILITIES) K. Project 582, Receive Petition/Order Feasibility Report (Manor Lake 3rd & 4tb Addition -Trunk Utilities) --The City ,has received a Petition regarding the above referenced project from the developer to allow the continued phase development of the Manor Lake Development south of Cliff Road and west of Trunk Highway 3. With the Petition, the developer has guaranteed all costs associated with this request should the project not be approved through the Public Hearing process. ACTION TO BE CONSIDERED ON THIS ITEM_: To receive the Petition for Project 582 (Manor Lake 3rd & 4th Addition -Trunk Utilities) and authorize the preparation of the feasibilitv report. L. Receive Final Assessment Roll/Order Public Hearing (Dallas Development 2nd Addition -Streets 3 Utilities) --All improvements associated with the above -referenced project have now been completed, all costs tabulated and the final assessment roll prepared and is being presented to the City Council for consideration of scheduling a formal public hearing to present it to the affected property owners: ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets & Utilities) and schedule a public hearing to be held on September 5, 1989. PROD. 512R. RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING'(CUTTER'B,RIDGE ADDITION -UTILITIES) M. Receive Final Assessment Roll/Order Public Hearing (Cutter's Ridge Addition -Utilities) --A11 improvements associated with the above -referenced project have now been completed, all costs tabulated and the final assessment roll prepared and is being presented to the City Council for consideration of scheduling a formal public hearing to present it to the affected property owners.. ACTION TO BE CONSIDERED ON THIS ITEM: 'To receive the final assessment roll for Project 512R (Cutter's Ridge Addition - Utilities) and schedule a public hearing to be held on September 5, 1989. NMI Agenda Information Memo August 1;, 1989 City Council Meeting N. Receive Final Assessment Roll/Order Public Hearing (General Electric Supply Company-8torm sewer) --All improvements associated with the above -referenced project have now, been completed, all costs tabulated and the final assessment roll prepared'and is being presented to the; City Council for consideration of scheduling a formal public hearing to present it to the affected property owners. ACTION TO 8E CONSIDERED ON THIS, ITEM: To receive the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and schedule a public hearing to be held on September 5;, 1989. PROJ. 577, RECEIVE FEASIBILITY REPORT/AUTHORIZE PUBLIC HEARING (RUSTIN ROAD) O. Project 577, Receive Feasibility Report/.Authorize Public Hearing (Rustin Road). --In response to a Petition submitted by the adjacent land owners, the Council authorized the preparation of a feasibility report for the upgrading of Rustin Road to City standards. This feasibility reportis nbw•being presented to the City—Council for consideration of scheduling a formal public hearing to discuss the proposed improvements and method of financing with affected benefitted property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 577 (Rustin Road -Street Improvement) and schedule a public hearing to be held September 5, 1989. P. Contract 88-,8, Final Acceptance (Town Centre 70 -9th Addition - Storm Sewer) --The above -referenced improvements installed privately by the developer for the Pizza Hut facility have been completed, inspected by City personnel and found'to be in order for favorable acceptance of perpetual. maintenance. ACTION TO BE CONSIDEREDONTHIS ITEM: To accept Contract 88-S for final acceptance subject to appropriate contract warranty provisions. • 3� Agenda Information Memo August i, 1989 City Council Meeting CONT 89-01 RECEIVE BIDS/AWARD CONTRACT (5989 SEALCOATING) Q. Contract 89-01, Receive Bids/Award Contract (1989 eealccating)--At 10:30 a.m. on Friday, July 28, 1989,.formal bids were received for I he sealcoating maintenance program for 1989. Enclosed on page tl is a tabulation of the bids received showing the relationship of the low bidder to the allocation provided for in the 1989 Budget. The bid tabulation also references an alternate type of material which is a smaller graded crushed rock commonly referred to as a "chip" sealcoat as compared to the base bid which is for a round "buckshot" type of material. It has been observed that the "buckshot" type of sealcoat does not adhere as well as the "chip" sealcoat as it tends to "roll" out of place under traffic conditions and related turning movements more so than the angular configuration of the "chip" sealcoat. it also provides ,a significantly safer surface by reducing stopping distance and providing better traction during, the winter months. While it is a more expensive material, it has a longer life span subsequently making it a more economical material. Subsequently, the Public Works Department strongly recommends the awarding of the Contract on the alternate bid. The staff will check the bids submitted to verify accuracy and compliance with bid specification requirements. Any deviations will be specifically addressed at the meeting on August 1st. ACTION TO BE CONSIDERED ON THIS Contract 89-01 (1989 Sealcoating) lowest responsible bidder for the IN ITEM: To receive the bids for and award the contract to the alternate bid. CONTRACTORS 1. Astech 2. Bituminous Roadways 3. Allied Blacktop Co. LOW BID n 1989 SEALCOAT=NG CONTRACT #89-01 CITY OF EAGAN BID TIME: BID DATE'.: TOTAL BABE BID $ 112•, 768.08 119,632.22 120,285-95 $ 112,,768.08 9 / 1O:00'A.M. FRIDAY, JULY 28, 1989' ALTERNATE BID $' 158,529.04 180.,755.79 1651,.393. 18 $ 158,529-.09 Agenda information Memo August 1, 1969, City Council Meeting VEHICLE #136 R. Vehicle #136, Approve Specs/Authorise Bid solicitation (Public Yorks street Crack sealer/Molter/Applicator)--As approved in the 1989 Budget, the Superintendent of Streets/Equipment has prepared detailed specifications for the acquisition of a melter/applicator of crack sealing compound to assist in our street maintenance program. These specifications have now been completed and are being presented to the Council of authorizing the formal solicitation of bids for a bid opening to be held at 10:00 a.m., Friday, August 25, 1989. ACTION TO BE CONSIDERED ON THIS ITEM: specifications for Vehicle #136 (Street Sealer/Melter/Applicator) and authorize the with a bid opening scheduled for 10:00 a.m. "1989. 4�z To approve the Maintenance Crack solicitation of bids , Friday, August 25, Agenda Information Memo August 1, 1989, City Council Meeting 10=41" is VACATION/KINGSWOOD 2ND ADDN A. Vacate Utility Easement, Kingswood 2nd Addition --On July 5, the City Council received a petition from the developer and property owner of the Kingswood 2nd Addition requesting the vacation of an abandoned sanitary sewer easement resulting from the utility's relocation associated with the construction of I -35E. Based on that petition, the Council scheduled a formal public hearing to be held on August 1 to receive any comments or concerns., All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the public Works Department has not received any concerns associated. with the vacation of this abandoned utility easement. Therefore,.it is recommended that the public hearing be clojspd and the petition approved as requested. Enclosed on page is a legal description of the easement vacation being con idered. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and vacate the utility easement within the Kingswood 2nd Addition as described. ,43 -MATCH .00 26 14 M11 a,,• ti'( �� :-��/ ,1(99 � 1 •i�X P1 J� .a ,'fin,,!^ 18 �'�� r•r. , 30 -L' • 11 1 3' .per w.�.. L: IW 2.997- E, r WE", 27 9— la 20 _• y • J•U• • T • `. 17 ,y tr 22/2/..'ry 4 2I2 S•. ?• j ./M✓NN r \ds emn KINGS WOOD 31�[; .J -f TER:: 1 ��..Y' �Rlr,.r• IST .CRA':!rrdl I 1 \ .. w.NM .JSim .0 � i/r ..'r'I .R•w.r. 2ND ADDITION la I- ROJ1D :i.. .; . • .•_ ., .f. ,I uYtl M RO•TG'\ .. .'!'!►!!:2222 ► � 16 I i� •ma99 s.�.r reYr � uw.p\wwior�pwY.�r�tluR{g�o _ (.s�\,ay�w� O.RtlR tltlll0\. M.S\R RY 31�[; .J -f TER:: 1 ��..Y' �Rlr,.r• IST .CRA':!rrdl I 1 \ .. w.NM .JSim .0 � i/r ..'r'I .R•w.r. 24 2 1C 25 hry.. I All that part of a utility line easement, Document No. 401267, over lots 17 - 23, block 2, Kings Wood 2nd Addition, Dakota County, Minnesota. WTC E ... OUTLOT 0 F. 'z . •� t `. Jkhi L. ROJ1D :i.. .; . • .•_ ., .f. ,I .. .'!'!►!!:2222 ► � F..• 24 2 1C 25 hry.. I All that part of a utility line easement, Document No. 401267, over lots 17 - 23, block 2, Kings Wood 2nd Addition, Dakota County, Minnesota. WTC E ... OUTLOT 0 F. 'z . •� t `. Jkhi L. Agenda Information Memo August 1, 1989, City Council Meeting VACATION/CEDARVALE BLVD B. vacate Portion of Public Right -of -Way, Cedarvale Boulevard (Continued To August 15) --On July 5, the City Council received a petition ,to vacate a portion of Cedarvale Boulevard adjacent to the Cedarvale Shopping Center incorporating existing MTC Park & Ride site. Subsequently, they scheduled a formal public hearing to be held on August 1 and requested that the property owner enter into an agreement pertaining to the upgrading of the Cedarvale parking lot facilities if the vacation were approved and when the MTC Park & Ride site was deleted. Due to the fact that the ownership of the property is a company located in Germany, they were not able to review, execute and return the required agreement prior to this public hearing. Therefore, it is recommended that this public hearing be continued until August 15 so that the executed agreement can be presented for consideration at the same time. -ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for vacatingr,a portion of Cedarvale Boulevard to August 15, 1989. CRAY ADDITION - STORM SEWER C. Project 571, Cray Addition - Storm Sewer -On July 5, the City Council received a feasibility report for the above -referenced project and scheduledpublic hearing be held on August 1. Enclosed on pages through is a copy of that feasibility report for the Council's reference during the presentation by the. consulting engineer. All notices were published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO, BE CONSIDERED ON THIS ITEM: To close the public 'hearing and approve/deny Project 571 (Cray Addition - Storm Sewer) and, if approved, authorize the preparation of detailed plans and specifications for Contract 89-11. Report for Cray Addition (Pond QP -12 Outlet) Trunk Storm Sewer Project No. 571 Eagan, Minnesota June 1989 File No. 49495 Bonestroo L7 Rosene Anderllk $. Associates En,lneen A Architects St. Paul, Minnesota Bonestroo Rosene OEM Anderlik & " Associates Engineers & Architects June 28, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cray Addition (Pond GP -12 Outlet) Trunk Storm Sewer Project No. 571 Our File No. 49495 Dear Mayor and Council: CI® G.'Baxmoa RE. RaEen W. Rossne. P.E. Joseph C Arotlk'P.E. BraQwd A LLrrteny P.E. Ra:ham E. Tumor. -RE. James. C. Dlson P.E. Glenn R_ Cook P.E. Thomas E Noyes P.E. Rupert G. Sch nkhL,R.E- Wa L. 5"Ia. P.E. RCM A. Gw PE, Rkhad W. FoSter P.E. Dorwld C.Buganl.P.E. Jerry k Bourdon PE. Mark A. Hanson RE. W R Fi6d. RE Mkhael T. Raumiaras, P.E. Ropers R. Pkf ft P.E. David O lnskpsa P.E. Thomas W. Mersin. P.E. Mkhael C. Lynch, RE. James R Malard, RE YenrseN P. Anderson P.E. ReM1h A Bachmann PE. Mark R. Roft RE. Rop n C Ruswk. A.I.A. Thomas E A gm PE. Hpvam A. Sorbin. P.E. DanelJ Edgenw; RE. Mark A. 5* P.E. Philip J. Cas g. P.E. Maek D WdIkS'P.E. Tramas R AMenon.,AlA. Gary r. Rylande:-P.E. Charles A Enckson l M Pa Isky Harlan M. Op Ssssan M EO n. CPA. ;Transmitted herewith 'is our report for Cray Addition Trunk Storm Sever. Also included is a preliminary cost estimate and assessment roll. We will be pleased to meet with the.Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONE R00, ROS NE, ANDERL3R fi ASSOCIATES., INC. Mark Hanson MAH:li Approved Da RPT49495 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Re istered Professional Engineer .under the laws of7he 15EatR/of Minnesota. nn*u. Mark A. Hanson T—e 28, 1989 Beg. No. 14260 47 2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-6364600 SCOPE: This project provides for the construction of trunk storm sever to serve as the outlet for Pond GP -12 adjacent to Cray Addition. Cray Addition is located in the northeast corner of Lone Oak Road and Lone Oak Drive. This project is proposed at this time because Cray Addition will be discharging storm water into Pond GP -11. FEASIBILITY AND RECOMMENDATIONS: The project in feasible from an engineering standpoint and is in accordance with the-objectivew established in the Com- prehensive Storm Sewer Plan, The project can best be carried out asone contract. It should be noted the 1984 Comprehensive Storm Sever Plan proposed the storm sever outlet from Pond GP -12 be constructed southerly to Pond GP -10 and GP -3. The discharged storm water from Pond GP -3 is pumped 3 different times prior to discharging ,into Pond FP -1. As part of updating the 1984 Comprehensive Storm Sever Plan, it's been determined that Pond GP -12 can discharge into Pond FP -7 which in turn discharges directly to, Pond FP -1. Therefore, by directing, storm water from Pond. GP -12 to Pond FP -T, it will not be pumped 3 different times as it would if it were directed to .Pond GP -10 and GP -3. As a result, it's recommended the storm sever outlet for Pond GP -12 be constructed westerly in Lone Oak Road connecting to the existing storm sewer in Lone Oak Drive which discharges into Pond, FP -7. DISCUSSION: Storm sewer proposed herein provides for constructing a 12" and 18'" diameter storm sever to serve as the outlet for Pond GP -12. The alignment is shown on the attached drawing. It is proposed the storm sever in Lone Oak Road be constructed 60' northerly of the existing centerline. As a result, an additional 20' wide utility easement is required along the south property line of Cray Addition. In addition, a pond easement for Pond GP -12 will be re- quired from Parcel 014-75 which is owned by Cray Research, Inc. The proposed Page 1. RPT49495 trunk storm sever in Lone Oak Roadwill connect to an existing 240 storm sewer in Lone Oak Drive. The existing 24' storm sever ultimately discharges into Pond FP -7 which has a storm sever outlet to Pond FP -1. Design considerations for Pond GP -12 is as follows': Drainage HVL Area NUL HVL Area Storage Outflow Pond GP -12 35 Ac. 880 885.5 3.6 Ac. 10.9 Ac.Ft. 1 cfs COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total estimated project cost as outlined herein including contingencies and all related overhead is $78,250. Overhead costs are estimated at 30Z and include legal, engineering, administration, and bond interest. AREA -TO BE INCLUDED: ASSESSMENT AREA CONSTRUCTION AREA f SE 1/4, SECTION 1 DRAY ADDITION Parcel 014-75 Outlot I Parcel 015-75 BE 1/4, SECTION 1 Parcel 014-75 (Cray Addition) ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on the attached drawings. A,preliminary assessment roll is included at the back of this report in Appendix B. These assessments will be spread over 10 years at an interest rate based on the. bond sale financing this project. STORM 'SEVER: Storm sever proposed herein is trunk. Therefore, it is proposed to assess the unplatted parcels which are tributary to Pond GP -12 their trunk area storm sever assessment as shown on the attached draving. The trunk area Page 2. RPT49495 storm sever rate is $0.056/sq.ft, which is the residential/agricultural rate. In the future, if these parcels are developed to a higher use their trunk area storm sever assessment will be upgraded at that time. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sever Project Cost Revenue Balance Trunk $78,250 Trunk Assessment $71,020 TOTAL $78.250 $71,020 -$9;230 The anticipated deficit for this project is $7.230 which will be the re- sponsibility of the Trunk Storm Sewer Fund. PROJECT SCHEDULE Present Feasibility Report July 5, 1989 Public Hearing August 1, 1989 Approve Plans and Specifications Summer 1989 Open Bids/Award Contract Summer 1989 Complete Construction Fall 1989, Assessment Hearing fainter, i990 First Payment Due with ,Real Estate Taxes May, 1991 Page 3. RPT49495 i-4 APPENDIX A PRELIMINARY COST ESTIMATE CRAY ;ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROTECT NO. 571 Item 18" RCP Storm Sewer, 0''-15' deep 12" RCP Storm Seger, 15'-25' deep 12" RCP Storm Sewer. 0"-15' deep ,Manhole w/casting Manhole depth greater than 8" deep 12" RCP Apron.v/trash guard Rip rap Clear and grub trees Connect to existing MN Improved pipe foundation Mechanical trench compaction Seed w/mulch E fertilizer Unit L. F. L.F. L. F. Ea. L. F. Ea. C.Y. L. S. .Ea.. L. F. L.F. Ac. Total +5Z Contingencies Quantity 570 690 420 5 30 1 8 1 1 200 1,680 2.0 Unit Price $ 26.00 28.00 30,.00 1,000.00 80.00 600.00 50.00 800.00 500.00 2.00 1.00 1,500.00 +30Z Legal, Engrng., Admin. 6 Bond Interest TOTAL TRUNK STORM SEVER ...................,. Page 4: RPT49495 Total Cost $14,820 19,320 8,400 5;000 2,400 600 400 800 500 4'00 1,680 3,000 $57,320 2.870 $60,190 18.060 $78,250 APPENDIX B PRELIMINARY ASSESSMENT ROLL CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROJECT NO. 571 TRUNK AREA Parcel Total Description Area S&1/4, SECTION 1 n Parcel 014-75 1,449,660 Parcel 015-75 RPT49495 Assessable Credit Area Street (202) 1,050,820 Pond (2.5 Ac.) Total Rate Assessment $0.,056,/s.f. $58,846 217,500 --- 217,500 0.056/s.f. 12.180 TOTAL..,.....a...... $71,020 Page 5. 61Y OUTLOT G 1511 STDRN RY OT 70 0 200 46 SCALE /N FEET 014-75 DRAINAGE AREA _ TRIBUTARY TO 18' l 24' STORM SEWER OUTLOT I ND GP -12 NWL=880:0 in Z �� PROPOSED CRAY TRUNK STORM1SEWER �W�`Bes•s e � I i jr I 'En. 24 { 18'� 18" d' 12 RCP LONE OAK ROAD _ — (C.S.AK No. 28) `_ EnQln..r. A{sll.al. CRAY ADDITION 1 � M. Ro9ene PABone9 EAGAN, MINNESOTA (POND. GP -12 OUTLET) m �� Anderlik 6 TRUNK STORM SEWER DATE: JULY 89 COMM:48485 O �� A99oclaled 91..P.u1 Ylnn.rol. VVV PROJECT No. 571 N G NO SCALE Outlot F Outlot G Outlot 2 LEGEND Trunk Assessment Area DRAINAGE BOUNDARY TRIBUTARY TO POND -- 01:5 X75 014-75 --=f �` 1 POND GP 12 /� I l(� NWL =880.0 HWL;= 885.5 CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT No. 571 6�1 ewmetroo Aoe.n. Anderllk A Am oelsloo Date: ALY as Comm. flaws Vftwh� . Mr1660M OL P" Fig. No. 2 S. H. No 26 LONE OAK R D CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT No. 571 6�1 ewmetroo Aoe.n. Anderllk A Am oelsloo Date: ALY as Comm. flaws Vftwh� . Mr1660M OL P" Fig. No. 2 Agenda Information Memo August 1, 1989, City Council Meeting LEXINGTON WAY/ST & TRUNK WATERMAIN D. Project 572, Lexington Way (Street & Trunk Watermain)--On July 5, the City Council received the feasibility report for the above - referenced project and scheduled the public hearing to be held on August 1 to formally discuss the proposed improvements and related financing with the affected property owners. Enclosed on pages through _6a__ is a copy of the feasibility report for the Council's information and reference during the presentation to be made by the consulting engineer. Staff has had several conversations with some of the affected property owners reviewing their concerns and objections to the upgrading/street improvement portion of this project. Enclosed on page., is a letter from some of the affected property owners addressing their concerns. Staff will be available to answer further questions that may arise during the public hearing discussion. ,ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny Project 572 (Lexington Way - Street & Trunk Water Main) and, if approved, authorize the preparation of detailed plans and specifications. 6� Report For LEXINGTON WAY STREET & TRUNK WATERMAIN IMPROVEMENTS Eagan, Minnesota City Project No. s72 JULY 59 1989 Comm. NO. 4418 Orr Schelen Mayeron & Associates, Inc. (AS Engineers w Surve,yor,s a Planners REV. 7/21/89 FEASIBILITY REPORT AND ESTIMATE OF COST LEXINGTON MAY STREET RECONSTRUCTION It TRUNK MATER MAIN. PROJECT NO. 512 EAGAN, MINNESOTA. PREPARED BY ORR-SCHELEN-MAYERON A ASSOCIATES CONSULTING ENGINEERS/SURVEYORS/PLANNERS 2021 EAST HENNEPIN AVENUE MINNEAPOLIS, MINNESOTA OSM COMM. N0. 4418 July 5, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lexington Way Street Reconstruction & Trunk Water Main Project No. 572 OSM Comm. No. 4418 Dear Mayor and Council: Transmitted herewith is our report for Lexington Way Project No. 572. This report addresses the necessary street improvements for Lexington Way and Trunk Water Main to connect the new reservoir to the Booster Station. We would be happy to discuss this report with all interested parties at you convenience. Please give us a call if you have any questions. Sincerely, ORR-SCHELEN-MAYERON' & OCIATES, IN 0(-x'60• e-- Robert D. Fri'gaard, P.E. Associate RDF: tja Attachment I hereby certify that this plan,, specification or report was prepared by me or under my direct super- vision and that I am a duly Registered Professional Engineer under the laws of t State of Minnesota. Robert D. Fr' aard, P.E. Date: July '5, 1989 Reg. No. 7285 Approved by: Dep'artm t of Public Works Date: Vo TABLE OF CONTENTS TITLE PAGE PAGE NO TRANSMITTAL LETTER/CERTIFICATION TABLE OF CONTENTS I. SCOPE 1' II. FEASIBILITY AND RECOMMENDATION 1 III. DISCUSSION 1 A. WATER MAIN I B. STORM SEWER 1 C. STREET 2 D. RIGHT-OF-WAY 2 IV. BENEFITTED AREAS 2 V. COST ESTIMATES 3 VI. ASSESSMENTS 3 VII. PROJECT SCHEDULE 3 APPENDIX A. COST ESTIMATES 4 B. PRELIMINARY ASSESSMENT ROLL 5 FEASIBILITY REPORT LEXINGTON WAY STREET RECONSTRUCITON & TRUNK WATER MAIN PROJECT NO. 572 EAGAN, MINNESOTA I. SCOPE This project includes the reconstruction of the existing roadway from an existing 24 -foot rural section to a 32 face-to-face urban section on Lexington Way from Lexington Avenue (County Road 43) to Diffley Road (County Road No. 30). This will involve grading, gravel base, concrete curb and gutter, bituminous surfacing, storm sewer and boulevard construction. II. FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering viewpoint. The project as outlined herein can be achieved under one contract. III. DISCUSSION A. Water Main With the new 4.0 million gallon surface reservoir being constructed south of Diffley Road and Lexington Way, under City Contract 88-24 it is necessary to run a 20 -inch trunk water main from the existing booster station on Lexington Avenue to the reservoir. The route selected, which will minimize the severance of properties, is to run north from the booster station to a sanitary sewer easement. (This easement is along the southerly line of the Eagan Evangelical Covenant Church property) thence west paralleling the sanitary sewer to Lexington Way, thence south along Lexington Way, across Diffley Road and connecting to the surface reservoir. If Lexington Way were not to be improved under this project, there would be street reconstruction costs associated with the water main project. With this in mind, it is proposed that the street reconstruction costs be applied to the water main costs. B. Storm Sewer Most of the land adjacent to Lexington Way (with the exception of the church property), drains away from the roadway. With this in mind, storm sewer construction will be at a minimum. The storm sewer proposed is to extend a 15 -inch RCP pipe from the intersection of Lexington Way and Lexington Avenue, south for approximately 500 feet and place catch basins on either side of the street. This will also allow for a connection to the church parking lot. There will also be a new catch basin placed along the west side of Lexington Way at Lexington Avenue. -1- Mi C. Street Construction The street will be reconstructed to city standards. This will involve grading, gravel base, bituminous surfacing, 8618 concrete curb and gutter to a width of 32 feet face-to-face of curb. D, Rights -of -Way and Permits Lexington Way has a basic right-of-way of 66 feet. All street work will be done within this right-of-way, however, it may be necessary to obtain temporary slope easements to blend the project into adjacent property. It will be necessary to obtain an additional 10 feet of permanent easement (from the church property,) parallel and adjacent to the existing sanitary sewer easement. Temporary construction easement will also have to be obtained along this line to install the 20 -inch watermain. Permits from the Minnesota Department of Health will have to be obtained for the water main. A permit from the Dakota County Highway Department will have to be obtained for any work done within,the rights-of-way of Lexington Avenue and Diffley Road. - IV. BENEFITED AREAS The areas benefited by this improvement are all parcels abutting Lexington Way from Lexington Avenue to Diffley Road. Construction Area SW 1/4 Sec 23, T 23, R 23 Parcel 012-54 Parcel 014-54 Parcel 019-54 SE 1/4 Sec 22. T 27, R 23 Parcel 031-76 Parcel 031-76 Parcel 010-77 W. Schmidt Add. Lot 1, Block 1 Lot '2, Block 1 -2- '/ Assessment Area SW 1/4 Sec 23. T 27. R 2 Parcel 012-54 Parcel 014-54 Parcel 019-54 SE 114 Sec 22. T 27. R 23 Parcel 011-76 Parcel 031-76 Parcel 010-77 W. Schmidt Add, Lot 1, Block 1 Lot 2, Block 1 V. COST ESTIMATES A detailed cost esimate can be found in the attached appendix. A summary of these costs are as follows: A. Street and Storm Sewer $ 117,620 B. Reservoir Water Main 120,770 TOTAL ESIMATED PROJECT COST 5,238,390 The above total estimated project cost includes a contingency factor and a 30% estimated cost for legal, engineering, administrative, and fiscal. These costs do not include easement acquisition as it is assummed that easements will be provided at no expense to the Project. VI. ASSESSMENTS Assessments are proposed to be levied as shown in the Appendix. The assessments are for the street and storm sewer on Lexington Way. The costs for the trunk water main will be paid for from the water supply and storage fund. It is, imparative that the trunk water main be installed this fall so the new water reservoir can be placed into service. With this in mind, if the Lexington Way street improvements did not take place, there would be approximately $16,000 in additional costs for the reservoir water main for restoration. If this cost is, credited to the street improvement and paid for from the water supply and storage fund, the assessable cost of $117,620 for street improvements would be reduced to $101,620. To calculate the street improvement assessments we have ,used the $101,620 figure. There are 2406.28 assessable feet, giving an assessment rate of $42.23/foot. V1I. PROJECT SCHEDULE Present Feasibility Report 7-05-89 Public hearing 8-01-89 Approve Plans and Specifications 8-01-89 Bid Opening 8-30-89 Award Contract 9-05-89 Begin Construction 9-15-89 Complete Reservoir Watermain 10-15-89 Complete Street Construction 7-01-99 Assessment Hearing 09-90 First Payment due with Real Estate taxes 5/91 -3- �v LEXINGTON WAY COST ESIMTAES STREET AND STORM SEWER 2400 L.F. 8618 @ $ 5.00/L.F. $ 12,000 6500 C.Y. Common Excavation @ 3.00/C.Y. 19,500. 1560 Ton Class 5 (100% crushed) @ 7.00/Ton 10,5.00 500 Ton 2341 Bituminous Base @ 12.00/Ton 6,000 375 Ton 2341 Bituminous Wear @ 13.00/Ton 4,875 50 Ton Bituminous mat. for mix @ 150.00/Ton 7,500 250 Gal. Tack @ 1.00/Gal, 250 4500 S.Y. Sod @ 2.00/S.Y. 9,000 1 Acre Seeding @ 1,000.00/Acre 1,000 500 L.F. 15" RCP @ 21,.00/L.F. 10,500 60 L.F. 12" RCP @ - 19.00/L.F. 1,,14.0 3 Each Catch Basins @ 800.00/Each 2,400 1 Each Manhole @ 1,000.00/Each 1,000 1 Each Cut into Ex. M.H. @ 500.00/Each 500 SUBTOTAL $ 86,165 + 5% Contingencies 4.310 $ 90,475 +30% Legal, Eng., Adm., & Fiscal 27.145 TOTAL ESIMATED PROJECT COST $117,620 RESERVOIR WATER MAIN 1700 L.F. 20" DIP @ S 38.00/L.F. $ 64,600 60 L.F. Jack Casing for 20" DIP @ 200.00/L.F. 12,000 5 L.F. 6" DIP Hyd lead @ 14.00/L.F. 70 5000 lbs. Fittings @ 1.20/lbs. 6,000 1 Each Hydrant @ 1,000.00/Each 1,000 1 Each 20" B.V. & Box @ 3,000.00/Each 3,000 1 Each 6" G.V. & Box @ 400.00/Each 400 1 Acre Seeding @ 1,000.00/Acre 1.400 + 30% Legal, SUBTOTAL $ 88,470 TOTAL ESTIMATED COST + 5% contingency 4,430 $ 92,900 + 30% Legal, Eng., Adm. & Fiscal 27,870 TOTAL ESIMATED PROJECT COST $120,770 ADDITIONAL COST TO RESERVOIR WATERMAIN IF STREET IS NOT CONSTRUCTED 720 Ton Class 5 (100% Crushed) @ $ 7.00/Ton $ 5,040 180 Ton 2331 Bituminous Bask @ 12.00/Ton 2,160 135 Ton 2341 Bituminous Wear @ 13.00/Ton 1,755 18 Ton Bituminous Material for Mix @ 150.00/Ton 2,700 100 Gal Tack @ 1.00/Gal 100 SUBTOTAL $ 11,755 + 5% Contingency 555 $ 12,310 + 30% Legal, Eng., Adm. & Fiscal 3.690 TOTAL ESTIMATED COST S 16,000 -4- �3 PROPOSED ASSESSMENT ROLL PROJECT 572 LEXINGTON WAY W. Schmidt Add. Lot 1 Block 1 143.3 42.23 6,,051.73 Lot 2 Block 1 100 42.23 4,223.11 TOTALS, 2,406.28 $101,620.00 ($74,858.,10); * This gives a 75' corner lot allowance due to previous assessment on Lexington Avenue. ** qualifies for consideration under Special Assessment Policy 86-3. REVENUE SOURCES Item Front Rate Street Parcel.Descriytion Footage (per F.F.) Assessment Reservoir Water Main SW 1/4, Section 23 0.00 120,770.00 TOTALS' 5238'.390.00 012-54 267 42.23 $ 11,275.72 0144;4 .290.4 42.21 10,263.93 019-54 (church) 521.88* 42.23 22,039.60 SE 1/4, Section 22 01.1-76 250 42.23 9,557.79 013-76 364.1** (100) 42.23 15,376.37 (4223.11) 010-77 469.6** (100) 42.23 19,831.75 (4223.11) W. Schmidt Add. Lot 1 Block 1 143.3 42.23 6,,051.73 Lot 2 Block 1 100 42.23 4,223.11 TOTALS, 2,406.28 $101,620.00 ($74,858.,10); * This gives a 75' corner lot allowance due to previous assessment on Lexington Avenue. ** qualifies for consideration under Special Assessment Policy 86-3. REVENUE SOURCES Item Project Cost Assessments Water Suool'y & Storage Fund Street & Storm Sewer $117,620.00 $101,620.00 $ 16,000.00 Reservoir Water Main 120.770.00 0.00 120,770.00 TOTALS' 5238'.390.00 5101.,620.00 $136,770.00 IF'SPECIAL ASSESSMENT POLICY 86-3 IS APPLIED THE REVENUE SOURCES ARE AS FOLLOWS: ITEM Street & Storm Sewer Reservoir Watermain TOTALS PROJECT COST $117,620..00 120,770.00 $238,390.00 ASSESSMENTS $74,858.10 0.00 574.858.10 -5- W WATER SUPPLY & STORAGE FUND $ 16,000.00 120.770.00 5136.770.00 MAJOR STREET FUND $26,761.90 0.00 $26,761.90 I 2 1 76 1 3 LEXINGTON 5 HILLS FIRST N PROPOSED ADDITION CHURCH 4 031-76 3 ri l� �Q'b O 1t r0—�yl 7 W. SCHMID7� .-� 019-54 1 L_� _.. 8 ADDITION O 2 11 014-54 031-54 ED zEXISTING 0 010-77 0, BOOSTER o z STATION w 034-54 �^ J 012-54 S.E.%a, S22,T27, R23 S.W. y4,S'23,T27, R23 DIFFLEY RD'. C.S.A.H.NO.30 J L E G E N D PROPOSED / >> — STORM SEWER WATER !; STREET, CURB 8 GUTTER RESERVOIR �1,__ TRUNK WATER MAIN 014-01 200 100 0. 200 400 SCALE IN FEET PROPOSED IMPROVEMENTS PSH $e6elen Ye Bron d DateCAK As/NoMates, Inc. Lnsln"" a 9ur.gon a Plennen wing Title Comm. No. LOCATION MAP 4418 LEXINGTON WAY PROJECT NO. 522• Sheet no. EAGAN, MINNESOTA 011-76 014-01 N 400 031-76 } Q 3 SCALE IN • W. SCHMIDT 1 EXISTING UTILITIES ADDITION 2 3oleten sitAssocle°tea Inc. �•puA o-0 kh+ "11& 11U41Planners ..w o....N....... • murwlr. en wwu • p•••Oli•e• Drawing Title LOCATION MAP LEXINGTON WAY PROJECT NO. 522 EAGAN• MINNESOTA z Comm. No. 4418 0 010-77 z x w J- S.EA4., S22,T27, R23 DIFFLEY RD. i D 2 1 3 I LEXINGTON HILLS FIRST ADDITION +41 4 L l�0 ti 019-54 I •.I I I014-54 031-54 C I I EXISTING BOOSTER STATION 034-54 I 0.12-54 S.W. 4,S23,T27, R, — _`C_S. A. H. NC ll�f L E G E N D PROPOSED — EX. WATER .MAIN WATER—'�'� '— EX. STORM SEWER RESERVOIR •••••••••••••••• EX. SANITARY SEWER 014-01 200 100 0. 200 400 SCALE IN FEET EXISTING UTILITIES )rbwn By PSH 3oleten sitAssocle°tea Inc. �•puA o-0 kh+ "11& 11U41Planners ..w o....N....... • murwlr. en wwu • p•••Oli•e• Drawing Title LOCATION MAP LEXINGTON WAY PROJECT NO. 522 EAGAN• MINNESOTA Comm. No. 4418 Dote 7-.S '8 Sheet no. DIFFLEY RD. D2 1 3 LEXINGTON 5 HILLS FIRST ADDITION 4 Cj• , O,y (D019-54 B 11 014-54 031-54 n a EXISTING BOOSTER s STATION 034-54 �^ 012-54 S.W. Y4,S23,T27, R23 C.S.A.H.NO.30 L E G E N D PROPOSED BENEFITTED FRON7AG1 WATER0 RESERVOIR 014-01 200 100 0 200 400 SCALE 1N FEET ASSESSMENTS Drown By Drawing Title Comm. No. PSH��3e�ialsa LOCATION MAP 4418 lleysr"n 6 OQt'ot°' Inc.67 LEXINGTON WAY PROJECT NO. 522 Date: Sheet no. -� Ls�ln«n O 9unyon. Ploenon ..,......�........ w.r..v<.. ».1..w.�«» EAGAN MINNESOTA 7 -ti July 21, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Eagan, Mn. 55,122 Re: Lexington, Way Street Reconstruction & Trunk Water Main Project No. 572 DSM Comm. No. 4418 Dear Mayor and Council: Enclosed herewith is our petition to reconsider the proposed street improvements for Lexington Way. We feel that reconstruction of the street will not raise our property value in,proportion with the essessd values. especially the way the street is being reconstructed. All six residents who are affec_ ted, feel that the presentstreetis acceptable the way it is. If it must be improved„we feel the most beneficial to us and the community would be to cul-de-sac the street on the north end. By doing this, it would eliminate an already dangerous inter- section of Lexington We and end Lexington Avenue, and eliminate continuous unwanted traffic. Most of us have been residents for over thirty years, and des- erve consideration from you who are elected to serve us. Please think this over seriously and we will see you all on Tuesday August Ist. cc: Vic Ellison Tom Egan Pam McCrea Dave Gustafson Ted Wachter Campbell, Scott & Fuchs Sincerely, 1” ;Af V621 -C 4115 LeXIuC-raw WA L/ 7 -f I, II Ii It q S `t-clN Grp WAY' "V124 CK Agenda Information Memo August 1, 1989" City Council Meeting VACATION/DIFFLEY ROAD E: Vacate Abandoned County Right -of -Way (Diffley Road Frontage Road - West of Pilot Knob Road --With the upgrading of Pilot Knob Road and Diffley Road and the relocation of their intersection approximately 75' to the north, there is a portion of the old Diffley-Road alignment west of Pilot Knob Road that is turned back to the City's jurisdiction. The old Diffley Road roadbed was retained with the intentions of that being a private drive servicing the existing five property owners as a private frontage road. The City has been working with the property owners to assist them in preparing and entering into a private maintenance agreement with related cross easements. The property owners have expressed a desire to vacate the turnback portion of this county right-of- way in conjunction with the execution of the private maintenance and cross easement,agreements. n Unfortunately, the legal description for the cross easement private maintenance agreement was inadvertently used for the public notice advertisement of the larger county turnback vacation description to be considered under this public hearing. Subsequently, it is recommended that this public hearing be continued to September 5 to allow staff to, readvertise and renotify everybody with the correct legal descriptions of the vacation. ACTION TO BE CONSIDERED ON THIS ITEM: hearing until September 5 to consider County right-of-way (Diffley frontage Road). M To continue the public the vacation of abandoned road - west of Pilot Knob Agenda Information Memo August 1, 19"89 City Council Meeting A. Comprehensive Guide Plan Amendment", Park Center Addition/"Federal Land Company, Changing the Land Designation from D -III Mixed Residential to C..P.D. a Rezoning from AG to a Planned Development District, a Preliminary Plat Consisting of Bis Lots and a Conditional Use Permit for Pylon signs --At the March 7,, 1989 City Council meeting, action was taken to approve the proposed Park Center development subject to three (3') specific actions. Those actions include the following: T. 1) Approve and send the C.P.D. Comprehensive Guide Plan Amendment for Park Center Addition to the, Metropolitan Council for review. The Comprehensive Guide, Plan Amendment was submitted to the Metropolitan Council and for a transcript of that process and letter containing three (31 recommendations as adopted b the Metropolitan Council, refer to pages 77— th Z through The June 27 letter states specifically "This letter:; th"e efore, constitutes planned amendment approval on the part of the Council." 2.) Send the West part of the Park Center property to the APC to begin action for rezoning that property to R-3. According to the Director of Community Development, this item will be sent to the Advisory Planning Commission once the option agreement is exercised by the City and the developer. 3) Direct City staff to prepare the following: a) Resolution amending the Comprehensive Gude Plan. This task was, accomplished by the recent approval of the Metropolitan Council. b) Resolution approving the rezoning and entering into the planned developing agreement for the Eastern part of the property to commercial planned development uses, This document is being finalized by the Director of Community Development and City Attorney's office. c) Resolution approving the preliminary plat of the Eastern part of the property with the Western part of property shown as an outlot. Again, this item is being worked on by the Director of Community Development and City Attorney. d) Subdivision agreement later date. 7L This will be finalized at a e) Pylon sign agreement. This also will be finalized prior to final plat approval.' f) Staff to review the executed option agreement with the HRA and Federal Land for acquisition of the Eastern part of the property. A purchase agreement should be finalized and, ready for acceptance by the City Council at either the August 1 or August 15 meeting. g) Settlement agreement for the condemnation lawsuit between the City of Eagan and Federal Land for acquisition of, the pond and utility easements on the Park Center property. This agreement is being finalized by legal counsel for Federal Land Company and the City. For a copy of March 7, 1989 minutes pertainincL to Council action on this item, refer to pages through X.- . For additional information on the Park Center proposal, refer to the original report and attachments that were prepared between the ,months of November 1988 and February 1989. This information includes a traffic impact evaluation pr pared by Engineering. These documents are enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To, approve or Comprehensive Guide Plan Amendment changing the designation from,D-III .to C.P.D., 2) a rezoning from AG 3.) a preliminary plat consisting, of six (6) lots conditional use, permit for pylon signs 'located along the of Cliff Road. - 7! deny: 1) land use to a P.D., and 4) a North side METROPOLITAN COUNCIL Mears Park Centre, 230 E. 5th St, St Paul, MN 55101 (612) 291.6359 DATE: May 19, 1989 TO: Metropolitan and Community Development Committee FROM: Richard' Thompson Comprehensive Planning (291-6457) SUBJECT: City of Eagan Guide Plan Amendment Park Center Addition Metropolitan Council Referral 14721-3' Metropolitan District 15 INTRODUCTION The City of Eagan transmitted a Comprehensive Guide Plan Amendment submission for the Park Center Addition located at the northwest corner of Cliff Road and Cliff Lake Road. The amendment involved changing the land use designation of the subject property to CPD, Commercial Planned Development, from D-111, Mixed Residential (6-12 units/acre). The proposed uses include a restaurant, ,retail strip center, a retail building and a bank. F i V 't' 1 VJ15M The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared; submitted to the Metropolitan Council for review and adopted in the same manner as the original' plans (Minn. Stat. 473.864, subd. 2, 1978). Guidelines adopted pursuant to Minn. Stat. 473.864 for reviewing proposed amendments provide a 90 -day review period for amendments potentially affecting one or more of the metropolitan systems and a 60 -day review periodfor amendments that do not have a potential impact on metropolitan systems. The City, of Eagan submitted the Comprehensive Guide Plan Amendment to the Metropolitan Council on March 17, 1989. On March 27, the Chair determined that the amendment constituted a major plan amendment which calls fora 90 -day review period The deadline is, therefore, June 14, 1989. ANALYSIS The proposal driving the amendment change would allow development of a retail complex; Park Center Addition, consisting of 161,900 sq. ft The project would include a Class 1 (sit down) restaurant, a retail strip center, a clinic, a retail building, a bank and two two-story, 18,000 sq. ft. office buildings. A portion of a city storm pond is located on the site. The northwest 6.10 acres of this site (see Map 1) is currently being appraised by the Dakota HRA for an elderly housing project (the area identified for office building and clinic). If this site is chosen and developed for .the elderly housing complex, only that portion of the project would change. The elderly housing would ,accommodate 60 to 120 units. Since this project is proposed in an area inside the MUSA and since ,the City of Eagan has adequate metro sewer service available, there are no issues related to the MDIF, or the Water Resources Management Plan of the Council. The proposed project will not impact plans for regional recreation,open space; In addition, altering the land use designation of 13:5 acres will, 7Y not have a negative impact on the mix of housing types available in Eagan. The amendment is consistent with Council housing policy. There are no'impacts on metropolitan airport systems. There are, however; 'impacts on the metropolitan transportation system, specifically the highway system The proposed addition is located north of Cliff Road and west of Rahn Road. Surrounding land uses include Rahn Park; a neighborhood ,park to the north, Cliff Lake Center (Cub'Food Store and Target) to the east, the Dakota County court facility and drivers' testing facility on,the south, and office buildings and single family homes to the west (see Map 2). The proposed site is north of Cliff Road (CSAH 32) between Cedar Avenue and I735E; all three roads are designated as principal arterials on the Metropolitan Highway System. This section of CSAH 32 is four -lane and undivided. Two additional direct accesses to CSAR 32 are proposed to serve this project. The first would be across from the existing ` drivers' license facility entrance and would upgrade it to a signalized intersection with full traffic movements. The second new access would, be a limited right-in/right-out from Park Center. A center, raised median between I -35E and Cedar Avenue would be needed to make these access points workable. (Typically, direct land accesses are inconsistent with the functional classification criteria for principal arterials) Concerns regarding the direct access to a metropolitan highway triggered a meeting with representatives from the planning and engineering staffs of Dakota County and the City of Eagan. Much of the discussion focused on the possibility of adding two lanes to CSAH 32; on the function of CSAH 32 as a ,principal arterial, and that of CR 42, to the south, which may be the more appropriate principal arterial. Dakota County indicated that the two new access points on CSAH 32 would be workable if'a center median was provided. The County will continue to work on its transportation plan to determine the most appropriate, east -west arterial. The Council will help facilitate that decision. In the meantime, the City will respondto the system statement recently sent to it by the Council. Land use impacts on. CSAR 32 will be addressed as part of"its •system statement response. FINDINGS The two access points proposed in conjunction with the Park Center Development are acceptable if the raised center median is provided. 2. A need exists for a complete analysis of potential trip demands and, generation in other quadrants of the I-35 and Cliff Road area. RECOMMENDATIONS That the Council adopt this report and findings as stated above as part of these recommendations. 2. The Metropolitan Council should work with. Dakota County to determine the most appropriate east -west principal arterial(s) through the County. 76 3. The Eagaq nsystem statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity, of CSAH'M, fr35E and Cedar Avenue. /- '16 k r r ITE__PLAN_ a b COMPREHENSIVE GUIDE PLAN AMENDMENT DATE: AN. _ PLAN AMENDMENT � 7 Y(IOORIM' vYY D III MIXED RESIDENTIAL vfY ® (6-12 units/acre) trf; e hx :CPD COMMERCIAL L DEVELOPM .W ENT R PROPERTY ADDRESS OR LOCATION: Northwest corner of Cliff Road and Cliff Lake Road SIZE,OF LAND AREA: 13.5 acres (approximately) CHANGE IN FORECAST: 1f44 JIM POPULATION N.A. N.A. HOUSEHOLD N.A. N.A. EMPLOYMENT N.A. N.A. Park Center Addition NOTES: Land Use Change: FROM D-III Mixed Residential (6-12 units/acre) TO CPD Commercial Planned Development N O Metropolitan Council Meeting of June 8, 1989 Business Item: B-2 M E T R O P O L I T A N C 0 U N C I L Mears Park Centre, 230 E. Fifth St. St. Paul, Minnesota 55101 612-291-6359 REPORT OF THE METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE Referral Report No. 89-47 DATE: June 2, 1989 TO: Metropolitan Council SUBJECT: City of Eagan Guide Plan Amendment Park Center Addition Metropolitan Council Referral 14721-3 Metropolitan Council District 15 BACKGROUND At its meeting on May 25, 1989, the Metropolitan and Community Development Committee discussed a staff report and recommendations dealing with the review of guide plan amendment the City of Eagan submitted for the Park Center Addition. ISSUES AND CONCERNS Richard Thompson, Council staff (ext. 6457), presented the findings and recommendations and answered questions from the committee. The committee raised no issues or concerns. RECOMMENDATIONS 1. That the Council adopt this report and findings as stated in the report as part of these recommendations. 2. The Metropolitan Council should work with Dakota County to determine the most appropriate east -west principal arterial(s) through the County. 3. The Eagan system statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity of CSAH 32, 1-35E and Cedar Avenue. Respectfully submitted, Joan Campbell, Chair JC:kp 77 METROPOLITAN COUNCIL Meas Park Centre, 230 Farr Fifth, Sneer, St. Awl, MN. 55101 612 29J-359 June 13, 1989 MUN 1 6 t9eg Tom 'Hedges, Administrator City of'Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Comprehensive Plan Review. City of Eagan Park Center Addition Metropolitan Council Referral File No. 14721-3 Dear Mr. Hedges: At its meeting on June '8, 1989, the Metropolitan Council considered the city 'of Eagan roomprehensive.plan amendment for. the Park Center Addition. This consideration was based on a report of the, Metropolitan and Community Development Committee, Referral Report No. 89-47. A copy of this:report is attached. The Council adopted the following recommendations contained in the above report: 1. That the Council adopt this report and findings as stated in the report as part of these recommendations. 2. The Metropolitan Council should work with Dakota County to determine the most appropriate east -west principal arterial ('s) through the County. 3. The Eagan system statement response should include adequate land use information to determine if there will be significant traffic impacts in the vicinity of CSAH 329 I -35E and Cedar Avenue. Sincerely, )2'K414�_ Steve Keefe Chair SK:ll Attachment cc: Kristy Marnin, Planner I, City of Eagan Lyle D. Wray, Administrator, Dakota County Charles Bartholdi, Federal Land Co. R.A. Odde, Metropolitan Waste Control Commission Richard Thompson, Metropolitan Council Staff �0 METROPOLITAN COUNCIL, Mears. Park Centre, 130 Fast Fifth street, sr. Pard, MN. 55101 611 291-6359 June 27, 1989 Thomas Hedges, Administrator Ciry of Eagan '3830 Pilot KnobRoad Fagan, MN 55122' RE: Comprehensive Plan Review City of Eagan Park Center Addition Metropolitan Council Referral' File No. 14721-3 Dear Mr. Hedges: The Metropolitan Council considered the comprehensive plan amendment for the Park Center Addition in Eagan at its. June 8 meeting. Ms. Kristy Marnin of the City called asking for clarification of the Council's actions as stated in my letter to you dated, June 13. That letter contained three recommendations adopted by the Council Those recommendations are as follows: 1. That the Council adopt this report and fundings as stated in the report as part of these recommendations. 2 The Metropolitan Council should work with Dakora ,County to determine the most appropriate east - west principal arterial(s) through the County. 3. The Eagan, system,statement response should include adequate land use information to determine if there, will be significant traffte impacts in the vicinity of CSAH 22, I -35E and Cedar Avenue. To clarify, none of these recommendations are conditions of approval, rather they are intended to stimulate progress on determination of .the appropriate east -west principal arterial, whether CSAH 32 or 42, and to emphasize the importance of projecting future traffic generation from the Cliff Road area. This letter. therefore, constitutes plan amendment approval on the pan of the Council. If you have any further questions on this issue, contact Richard Thompson of our staff (291.6457). Sincerely, Steve Keefe, Chair SK/kp cc: Kristy Marnin, City of.Eagan 19 Page S/ZAGAN CITY COUNCIL MEETING MINUTES March 71 1989 billboard advertising sigd.'.'*6n Lot 2, Bf6c"k it s a v industrial Acres, to allow further research he billgtiiidtzd ordinance. All voted in favor. COMPRERZOSM GUIDE MM AifiibiT�T/PAEE 4== AWITION/rEWUM LAND COMPANY City Administrator Tom Sedges Informed the Council that the APC had considered the applicatAn by federal Land Company and recommended a denial Guide Plan Amendment and rezoning. Community Development DireO�-x Daj-**�'.�*'Runkle reviewed the site plan with the Council and . W. to the BRA Option K. Be informed the Council thatW 'I .. on had been reviewed with the City Attorney. prepared Colon (Federal Land Company) announced that he was prepared to give a full presentation if requested by the Council. in regard to the traffic matter# he stated he had met with Sorenson and Colbert and that eventual probably 1991, Cliff Road would be a six -lane road. Be stated the"':00'.04vuratI on would be similar to Yankee Doodle Road. Mr. Colon explained that counted all trees in excess of 6 inches in width....azi ?:t' 'ree feet tall and that the count was approximately 180. Be 0 ' i.'" ' ii "the trees were concentrated in the northwest corner near the senior citizens site. Be observed that if the plan proceeded, 206 to 25% of the trees would be saved if the office buildings were installed. Be explained that if the BRA plan was approved, up to 339 of the trees could be saved. Be reported that Federal Land Company would:.glat;;ZDA.:;Regs when the development was completed. Councilmember McCrea asked iffilin thi...'center would open. Mr. Colon stated it would open either when;.fte fLit'l placement of Cliff Road was completed (about 1991) or whdfi:the :interim construction could be accomplished, including the widening arid::::signalizLng of the westerly access point. Be stated this would solve the problem. Be announced that the developer would assume the cost of the upgrade. Councilmember McCrea suggested using the Target lot an a prototype for saving trees. Mr. Colon Otited the developer was willing to make that commitment. Councilmember Egan qud:Aes In other areas of the ;dtf*6 development would be saved. Be also questioned what type of interim improvements were needed. Hr. Colon id.4"imed the Council that the developer was willing to pursue any interim options set out by the County and the City engineers. Mr. Egan questioned if It would be an "either/ors proposition. Assistant City Engineer responded yes. Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 ............... Councilmember McCrea quesi,gned if Ee the temporary provisions 4.tE made. Ellison recommended that t�ia?C:�yy;:;! top priority. Councilmember 'Wad1i't4?C:Q was for the two entrances off of Cl if it was only preliminary. Mr. Poertsch County had not reviewed the study and Be stated that the 1991 or 1992 apgra Councilmember McCrea -stare resolution. City Administrator reprioritize the capital improv de Land could open earlier if It:►'Colon stated yes. Mayor gEid encourage the upgrading as uestioned if the County approval f Road. Mr. Colon responded that informed the Council that the would not do so until March 13. de was not official. Bed City Attorney Jim Sh4t;00 i *m$R area and that whichever dfs6tion t criticism and perhaps a lawsuit. Be alternatives: I. Obtain additional information and facts regarding use of the entire Park Center site an:;a..multi-family development. II. 1. Send the CPD Compreheh6ive Guide::Plan Amendment to the Metropolitan Council for;::;.evi: 2. Send the west for part:.:' thatproperty to orgp3rty to the APC to in it could approve a commented that staff could o:$*ed that it was a sensitive 8'Council went, there would be informed the Council of two 3. Direct City staff to prepare the following: a. Resolution ehensive Guide Plan. b. Resolution appr.oving;:;tb.....ezoning and entering into the Planned Development A9Z�eanntdforthe eastment rn part of the property to Commercial:;:' e easter c. Resolution approviyg thelwestern partaofothehpropertyn part of the property i th as shown as an outlot. d. Subdivision Agreement. e. Pylon Sign Agreement.. f. Staff to revi�fl:: 4i'00cu OPtion Agreement with rteof HRA and Federal Land for acqui.eition of the eastern pa Of the property. Page 10/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 g. settlement Aogpement for between the Cityy:;apf Eagan a of the pond and h,iv!: peq# property. . ............ condemnation lawsuit decal Land for acquisition s on the Park Center Mayor Ellison asked how the Metropolitan Council received authority to rezone in Eagan. Nr. Sheldon stated the authority was given by the state legislature and he further explained the history. Councilmember McCrea' she thought the Comprehensive Guide Plan was a 44gde. W stated the changes in the surrounding land use had not affected this parcel and questioned how a lawsuit could be generated. !(t:;,Shel?i stated that a lawsuit would not mean that the Council diii;iyti+:itlgiiiong. McCrea stated the City had not received a lawsuit --.'At :-*t;ui i*a •while. Councilmember Gustafson questioned that if the Council needed to take a procedure, what assurance would the developer have. Be stated the leaned toward the proposed type of development and questioned if the resolutions would cover these concerns. Mr. Sheldon stated that the procedure was con sisteii;t.:::with the last five Planned Development Agreements and that all paztiE$gitould understand the position. Mr. Sheldon also comme to the preliminary plat and continuance. 120 day limit applied only icant should agree to the Councilmember Egan suggested the Council act on only two matters at the present time: (1) recommend change to the Comprehensive Guide Plan; or (2) rezone to Multi Residential. Councilmember Wachter suggested also including sending it to Dakota County. Councilmember Egan qu;&st1%g!!gt Council's timeframe. Community Development Director"Dt1aiIs'-'Rui'i'k'le stated it could be anywhere from 10 to 90 days and i�.t thy:traffic studies would be reviewed. Councilmember Gustafson queAl one&l."hat if the City sent the matter to the Metropolitan Council and it approved, could the City still change its mind. Councilmember Egan stated the record was clearly established and that in 1984, the Council refused rezoning on the basis of excess commercial in Eagan,.,.: Since that time, there has been substantial change in the area. Se;:itated that the plan is very sensitive and that the developer demonstrated that D -III would be spot zoning. Be further stat* :: ht1t..;the:;:ptudy showed that the area is ripe for further retail Egan moved, McCrea seconded, the "E ion to: 1. Approve and send the CPD Comprehensive Guide Plan Amendment for Park Center Addition to the Metropolitan Council for review. Page 11/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 2. Send the west part if the Park -.Venter property to the APC to begin action for rezori#i:;#►atsperty to R-3. 3. Direct City staff to pi 'ke the followings a. Resolution amending the Comprehensive Guide Plan. b. Resolution approa'3#ig:::h43;:oning and entering into the Planned Developmefit`�4g§rit:ior the eastern part of the property to Commercial:;.Plannoo: Development uses. c. Resolution approvir"!i".the +r:eliminary Plat of the eastern part of the proPe:i:ty: rYkh;:-:j '::iiestetn part of the property as shown as an onlot: d. Subdivision Agreement. e. Pylon Sign Agreement. f. Staff to reviei:the,.executed Option Agreement with the HRA and Federali:eria::€�it:z:e!e4uisition of the eastern part of the property. g. Settlement Agreey&nt:; oit:�::fiie condemnation lawsuit between the City...Qf::;fa ti''and Federal Land for acquisition of the pond and i�ki ftty easements on the Park Center property. All voted in favor. Councilmember Egan statg.d„tb.e.;:App.icant agrees to continue the preliminary plat applicatii ii ::::::::: Wachter moved, Gustafson segppded, the motion to approve a resolution requesting Dakota Coufity upgtade Cliff Road between I -35E and Cliff Center. All voted in fa00r. k PRELIMINARY FLAT/OAK CLIFF 3RD ADDITION City Administrator Tom Sedges introduced the matter to the Council. Community Development Director::X)ale Runkle summarised the application. Assistant City Engineer Rik' Foertsch informed the Council that staff did not recall makieg''a commitment to the developer regarding unassesis??:::;£ilr4zsd;:obligations. Councilmember Egan referenced Tom.Colbertle letter dated March 2, 1988, to Tom Bedges. Be stated that!t3e Council alone would make those determinations. Councilmember NacfA4r noted that even if staff had made commitments, it would not be binding. 23 CITY OF EAGAN SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, RE- ZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT (PARK CENTER ADDITION) APPLICANT: FEDERAL LAND COMPANY LOCAT%ON: BE 1/4 SECTION 30 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING': NOVEMBER 22, 1988 DATE OF REPORT: BOVEMBER 15, 1988 REPORTED BY: PLANNING 6 ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted to the City for the' Park Center Addition, an office/retail complex consisting of approximately 175,000 square feet. The first application is a request to rezone 21.25 acres of AG (Agricultural) land to a Planned Development district. The second application is for a Preliminary Plat consisting of six lots to be developed in one phase. The Conditional Use Permit application is for pylon signage only. The Comprehens'i've Guide Plan designates this., area D -SII, Mixed Residential (6-12 units/acre); therefore, an Amendment will be necessary. This proposal is located north of Cliff Road and west of Cliff Lake Drive. PROJECT SCOPE: The northwest 6-10 acres of this site is currently being appraised by. the Dakota County HRA for an elderly housing project. With that in mind, the applicant has placed office buildings and a clinic in that area. If this site is chosen and developed for the elderly housing complex, only that portion of the project would change. The elderly housing would probably initially begin with 60 units and increase to potentially 120 units. The following is a detailed breakdown of each lot. Specific users have not been identified at this time: Lot 1 .99 acres 4,500 sq.ft. Class 1 (sit down,) restaurant Lot 2 9.8 acres 133,000 sq. ft.. retail strip center Lot 3 1.1 acres 6,500 sq. ft. clinic Lot 4 .95 acres ,6.,000 sq. ft. retail bldg. Lot 5 .93 acres 4,800 sq. ft. bank Lot 6 7.5 acres 2 - two story 18,000 sq. ft. office bldgs ('36,000 sq. ft.), a portion of a City storm pond. Q4 ZONING & LAND USE: Currently, this site consists primarily of open grassland, generally falling to the northwest. Mature oaks are found along the northern property line and near the pond on the western portion of the site. If the proposed grading on the north side of the pond was changed and some retaining walls were used, some of these oaks could be saved. They would be a nice amenity for either the office buildings or an elderly housing area. Site sensitive grading along the northern property line is necessary in order to preserve the landscape buffer to Rahn Park abutting to the north. Other adjacent uses are two office buildings and three single family homes to the west, Cliff Lake Center to the east, the Dakota County Court Facility, and Drivers Testing Facility on the south. SITE PLAN/CODE CONFORMANCE: Two major access points serve this site - one that was constructed with the Cliff Lake Road improvements and the other opposite the entrance to the Drivers Training Facility. A third right in/right out near the center of the site is proposed. The loop from the access on the west to the right in/right out would be a dedicated City street serving the office/elderly areas and three other lots. Six hundred sixty four parking stalls are shown on the site plan. The office area would require 202 stalls and 69 are shown with a proof of parking area for 54 more. The retail strip center shows 443 stalls and Code requires 698 spaces. The four smaller uses meet their parking requirements. The entire project provides 725 (plus or minus) spaces and Code requires 1,047 (plus or minus) spaces. This is a lot by lot breakdown: LOT NOTE: STALLS PROVIDED STALLS REQUIRED 1 43 43 2 443 698 3 45 45 4 44 40 5 27 19 6 (office) 123 (including 202 M proof area) 7 1, -050 - NOTE: The elderly housing area would require one stall enclosed and one exterior stall for each unit. Since architectural plans have not been submitted, each free standing building should be reviewed by the Advisory Planning Commission and Council before the issuance of building permits. The overall lot coverage is approximately 19%, and 30% would be permitted in a CSC (Community Shopping Center) district on a gross basis. All building and parking setbacks meet Code requirements in this Preliminary Plat proposal. 102 ENVIRONMENTALS/FIRE & POLICE: An EAW (Environmental Assessment Worksheet) will not be necessary and staff is currently in the process of determining if their governmental permits are necessary. The Fire & Police Departments are aware of these plans and staff has not received any specific comments regarding major unresolved issues. The detailed review would occur with the typical platting and building permit procedures. PARK CONCERNS/SITE AESTHETICS: The parks department has also expressed that the trees by the pond and northern property line are valuable both on and off site. Every attempt to save as many as possible should be demonstrated through careful grading plan preparation and in the field marking. The overall landscaping plan works well conceptually, however more screening of the back of the strip center from the park will be necessary. An overall sign agreement would eliminate any further undue Variances and provide a more uniform development. This has been working well with the Town Centre development. n MI0 GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan submitted as a part of this application impacts virtually 95% of the existing topography on this site. When taking into consideration the additional parking areas as identified along the northwesterly property line, the grading virtually impacts 99% of the proposed site. The proposed grading plan shows cut areas of 10' - 12'+/- in the southeasterly area of the site, in the southcentral portion of the site and in the southwesterly portion of this site. Fill areas ranging from 4' - 5'+/- in the center of this site, 14' +/- northerly of the proposed retail center and areas of 20'+/- along the easterly side of the proposed ponding area in the southwest corner of the site are proposed. Along the westerly boundary of the development, the City recently constructed the outlet to Pond AP -50 under Project 452. Pond AP - 50 is a designated ponding area in the City of Eagan's Comprehensive Storm Sewer Plan. The grading plan proposes to add additional material on top of the existing 15" outlet to Pond AP - 50. The existing outlet pipe is not of sufficient strength class to handle the additional fill which the development proposes to deposit on top of it. The details of the proposed storm sewer system within the parking lot areas and the street were not reviewed at this time but generally appears adequate. The general drainage areas as designated to Pond AP -50 and Pond AP -25 (ponding area adjacent to Cliff Lake development) are acceptable. Both ponding areas are designated in the City's Comprehensive Storm Sewer Plan to receive runoff from the proposed development. The grading plan as proposed requires the replacement of approximately 150' of 15" Class 5 RCP with 150' of a 4,000 D Load Class 15" RCP. The development is responsible for the replacement of the existing Class 5 RCP with 4000 D Load Class RCP or modifying the grading plan to provide a maximum of 22' of cover from the invert of the existing RCP to the finished grade for the outlet to Pond AP -50. The main water resource issue for this site is the impact of the development on the downstream water quality. As previously mentioned, 10.15 acres of the site will drain directly to Pond AP -25 and 11.1 acres will drain into the proposed Pond AP -50. Water flowing into Pond AP -50 is then routed to Pond AP -49 (which is in Rahn Park) and from there flows into the outflow from Pond AP -25. The Eagan Park Department has requested that Pond AP -49 be classified as a Type 3 Wildlife/Aesthetic waterbody. Historical data indicates that Pond AP -49 presently meets desired water quality standards for a Type 3 waterbody. Maintaining predevelopment phosphorous runoff to Pond AP -49, therefore, will prevent degradation of the existing water quality in the downstream waterbodies. Development of the Park Center site will increase phosphorous runoff by approximately 42 pounds per year. The model estimates that predevelopment phosphorous runoff to Pond AP -49 can be 91 maintained by constructing a wet pond volume of approximately 4 acre feet in Pond AP -50. In addition, phosphorus loadings to Pond AP -49 can be further reduced by designing the ponding areas proposed south of Cliff Road to act as nutrient detention basins also. An incomplete erosion and sediment control plan was submitted as a part of this preliminary plat application. An erosion and sediment control plan, reviewed and approved by City staff, is required before a grading permit is issued or final plat approval addressing the following additional concerns: 1. A temporary berm is recommended behind the retail center to prevent drainage from going over the proposed 2:1 fill slope. 2. The 2:1 slope as proposed is required to be a maximum slope of 3:1 with a 4:1 slope preferred. 3. The retaining wall proposed by Pond AP -50 is required to be at least V above the 100 year high water level. All slopes are required not to exceed 3:1 around the ponding area. 4. Specifications for seeding and mulching the site should be included in the plan. We recommend that all disturbed areas be seeded and mulched within two weeks after rough grading. 5. The site map should identify all ingress and egress points for the site. A rock construction entrance pad will be necessary at ingress and egress points to minimize tracking of mud by vehicles onto the existing paved surfaces. 6. Silt curtains must be properly installed before any land disturbance occurs. 7. The revegetation of all areas disturbed by utility construction must be addressed in the erosion and sediment control plan. B. Maintenance of erosion and sediment control measures should be included in the erosion and sediment control plan. 9. The company/individual responsible for maintaining and removing all erosion and sediment control practices should be included in the plan. 10. Storm sewer inlet filters will be needed around the catch basins. 11. All storm sewers outletting into waterbodies should be adequately protected to prevent scouring from occuring at the outlet. 12. Identify on the plan where topsoil will be stockpiled. Stockpile can be strategically stockpiled to prevent sediment from entering wetlands and adjacent property. 13. A site narrative should be included on the plan which shows schedule for rough grading, installing utilities, revegetating the site, building construction, curb and gutter, and blacktopping. These schedules impact erosion and sediment control requirements. UTILITIES: Trunk sanitary sewer of sufficient capacity and depth to serve this site is readily available along Cliff Road and Cliff Lake Road. Sanitary sewer lateral extensions and individual service lines are adequately proposed to service the proposed development. The details of the proposed lateral extensions were not reviewed at this time, but generally conform to City standards. Watermain service of sufficient capacity and pressure is readily available from the existing trunk water main in Cliff Road and has been stubbed to the easterly property line of the development as a part of the Cliff Lake Centre development. The development is proposing an internal utility system (water and sanitary sewer) which would provide service to all proposed platted parcels. Details of the proposed internal utility system and how it connects to the existing City system is subject to detail review at the time of the final plat. STREETS/ACCESS/CIRCULATION:Public street access has been provided to the site along its easterly boundary with the Cliff Lake Centre development. As far as the proposed accesses to Cliff Road are concerned, the County has taken a stand that they will not approve any access points along Cliff Road until a detailed traffic impact study is done for the entire Cliff Road area. Comments concerning the Cliff Road access points and the proposed internal public street will be deferred until a detailed traffic study is done along Cliff Road. (See attached letter.) Although the site plans are preliminary, the following concerns are identified relating to internal traffic circulation: 1. Driving aisles in the parking areas are required to be a minimum of 24' wide. 2. Entrances from public right-of-way and internal roadways are required to be 30' wide minimum. 3. The clinic parking lot area has no turn around area at its northerly end. 4. Minimum curb radius for the entrances are required to be 25'. 5. Except for the retail center, the other proposed site development areas are unclear as to identifying areas for delivery vehicles and trash pick up circulation. 6. There should be two lanes of approach to the drive-in bank which allows access to the south parking lot and areas for stacking. 7. The office building/clinic and bank/retail entrances should be combined. 8. The additional parking shown north of the retail center will be difficult to build (existing topo is approximately 28' lower than the proposed retail center parking lot grades). 9. A minimum 80' right-of-way is needed for a divided roadway type entrance as proposed. The site plan reviewed by the City's traffic consultant included approximately 46,500 square feet of additional shopping center/retail development more than the 86,600 square feet acknowledged in the applicant's traffic analysis. As a result, the traffic volume forecast provided by the applicant is substantially less than the traffic volume projections identified by the City's traffic consultant. In summary, the major concern with the site is access to Cliff Road. Without the access point/points identified, further 6omments relating to the site plan configuration of streets and parking areas and traffic projection revisions are premature. EASEMENTS/PERMITS/RIGHTS-OF-WAY: Sufficient right-of-way for Cliff Lake Road was provided with the development of the Cliff Lake Centre. The requirements for right-of-way along CLiff Road are subject to requirements as identified in a detailed traffic study for Cliff Road which has been requested by the County. A ponding easement will be required for Pond AP -50 to accommodate storage volume and high water elevations as identified in the City of Eagan's Comprehensive Storm Sewer Plan. All internal utility easements will be required for sanitary sewer, storm sewer and water main facilities servicing multiple properties and those which provide continuity to the City's trunk facility system. The development is required to acquire all regulatory agency permits in the appropriate time frame as required by the affected agency. PUBLIC STREET/UTILITY FINANCIAL OBLIGATIONS: A search of City special assessment records show the following pending assessments of record. PROD # DESCRIPTION RATE OTY 529 Lateral Benefit Trunk $21.60/ff 640 Water Main 452 Storm Sewer Trunk .056/sf 705,790 TOTAL PENDING ASSESSMENT OF RECORD 90 AMT $13,825 39,525 $53,348 The following financial obligations are identified in accordance with present City policies for the applicant's information and Council consideration: DESCRIPTION RATE QTY AMT Storm Sewer Trunk* $ .027/sf 849,801 $22,945 Water Availability Charge 2,015/ac 19.51 39,319 Lat6ral Benefit; Trunk 21.601/ff 1,,131.34 24,437 Water Main Cliff Lake Road (Street) 63.65,/ff 668.62 42,558 Cliff Road (Street) 111.70/ff 1,257.72 140,487 Cliff Road (Trailway) 13..00/ff 1,257.72 16,350, TOTAL PROPOSED FINANCIAL OBLIGATION $286,090 * Rate identified is difference between existing zoning rate and proposed zoning rate. All final financial obligations will be calculated based on the dimensions as shown on the final plat and in accordance with the rates, in effect at the time of the final plat approval. �1 DAKOTA COUNTY GARY No SN ECUYSENSO R R.LS. SURVEY DEPARTMENT 1471h STREET, SUITE 4300 Thomas Colbert, Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PARK CENTER Dear Mr. Colbert: (612) 431.1153 APPLE VALLEY. MINNESOTA 55124 November 3, 1988 1The Dakota County Plat Commission met on October 31, 1988, to consider the preliminary plat of PARK CENTER. Said plat is adjacent to C.S.A.H. NO. 32 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. This development will have significant impacts on C.S.A.H. NO. 32 and the adjacent driveways 'and city streets. This section of C.S.A.H. NO. 32 is not in the 5 year CIP, however, preliminary traffic studies indicate that the road will have to be built in the future as a 6 lane divided highway. County right of way guidelines for a 6 land divided highway require 100 feet of half right of way. The two access drives proposed do not meet the County spacing guidelines for the existing road. The Plat Commission would agree that this site could need access onto C.S.A.H. NO. 32. Due to the frontage length and proximity to existing streets, it may be desirous for access to be provided by development of a city street. For a divided highway, such as should probably be considered by the County and City for this segment, the County Plat Commission would recommend a full access to a public street at 1/4 mile spacing (near the west end of the property) and a right in -right out access to a public street at 1/8 mile spacing. This prospect would have ramifications on -the access allowed at Scott Trail and Cliff Drive. It also seemsappropriate to review the existing driveways on the south side of C1iff'Road with respect to development of a future public street and the location of median openings. AN EQUAL OPPORTUNRY EMPLOYER . � •t The Plat Commission believes that -.the City and _County at this time should evaluate these issues in conjunction with approval of the proposed development. The Plat Commission proposes to jointly participate in a study of this segment to develop a project to reconstruct this roadway. If recommendation from a study can be approved by both the City. and County,_, the Plat Commission will recommend approval of a plat consistent with 'those recommendations. Sincerely yours, ,7 Gary H. Stevenson \Peter Sorenson Dakota County Surveyor Traffic Engineer Plat Commission Secretary CC. pale Runtime ��-;; r Gary J. Erickson, Physical Development Director David Everds, County Engineer Martin Colon GHS:vf .�. •. .•�Y.yJ•. �!� •_• M'Yt $1•M wa—r�w._.r_.iY. _.w.�.t�.a�1' .!_..r•r � Ms _. PARK CENTER ADDITION CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, E1, F1, G1 2. A Planned Development Agreement shall be entered into for a time specified by the City Council. 3. A determination for the elderly housing site shall be made either on this site or on another location. 4. A Pylon Sign Agreement shall be entered into. 5. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 6. No rooftop mechanical equipment shall be visible from the public streets. 7. The parking along the east end of the strip center shall be removed. 8. Special emphasis will be placed on screening rear side of the strip center from Rahn Park. 9. Cross easements shall be provided for the parking lot. 10. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 11. Berming shall be provided along the public streets. 12. The development is responsible for the replacement of the existing Class 5 RCP with 4,000 D Load Class RCP or modifying the grading plan to provide a maximum of 22' of cover from the invert of the existing RCP to the finish grade for the outlet to the Pond AP -50. 13. The development is required to provide 4.0 acre feet of wet pond storage volume below the proposed normal water level for Pond AP -50. 9� 20�j I �-jU . i 1 ISO P SSE r-�P -IA-0- I9c1 a V1CiN3TY yle Sec. 34. Tana . 31. No.. 31 s vasa 15 �b 5 Preliminary Plat Ot PARK CENTER FROVERTY Drom"lON, not Part of the South 111.10 feet of the Southeast Quarter of Ne w Southes,t Quarter Of Section 30, Tn.hip 31. Range 31, Dakota County, f1lma.ots. lying north of the South 90.00 (eat thenyl. EXCEPT That pert of Ne Southeast Quarter Of the SouthSaas mercer of Section 30, Tpwahle 31, Rings 31. Dakota County. Nin..ecte, described a followsi Commeneing at the southeast corner of said Southeast quarter. Chace North 0 deer... 10 minutes 33 second. art. ..,used Hering, along the ..at lieu of ..Id South.Art Quurter. . distance Of 90.00 fa e: thence South 69 deg nes 56 minute. 69 seconds Nest, parallel with the south lis of said Southeast Quarter of the Southeast Quarter. a distance of 33.00 fast to Na actual point of beginning: thence continue South 99 degrees 56 minute. a second, west, a distance of 35.00 fa.tr thence Barth 3 degree. 19 minute, 56 seconds Neat, a distance of 111.65 feeti thence North a dalreea 55 minrte. 56 ...endo Co... . distant. of 119.13 fat: thence North ]] d.9nw. 19 minute. 37 ... Thuds net.. di.t.nce of 61.30 feet to the Intersection with • line Haring North 9 degnas 10 smuts 33 second. East from the actual point of beginning: dunes South 0 degrease 10 minutes 33 escones vest. a distance of 169.93 feet to the actual point of beginning. step That part of Outlot S. RIFF WIC CENTRE, according to the plat on fila and of record in the office of the County Mcorder, Dakota County, Ninneaota, lying Southerly of the fall wing described lino Conm.nclaq at a point on no west lin. of Said Outlot B, Ming 19n.00 feet North of the southwest corner of the Southwest quarter of Section 39, Township 21. Range 33: thence North 99 degree. S9 minutes 69 seconds Cast, Baum Tnq the west lin. of Outlot 0 Man South 0 degree. In menuces 33 seconds Heat, on the a.torly extension of the north line of tract recorded in Dec. No. 6115]], a distance of 137.11 feat to the wnterlw Tight of way lin. of Clifr Lake Road and there t. retnating. Containing 915.696 sq.fl. i 31.35101 atria Cei.ting toninq • A Agricultual VNACLL tot 1. Block 1 Wt 3. Block 1 List 3. More 1 Liar 6, a:pe6 1 LOT 1. Blore 3 List ]. Block 3 Rae B.W TO telt Dun., a' Deyelppel teak.• and COfcV Yenta Square Office It Suite 103 ]alp Washington Orlye ligan, •v. 55133 TABVLATION OF AREAS ..ROSS ARCA °O`:C!Y] C.afrMnT ARCA 65.113 sq.ft./0.99916 C. 426.919 .n.lt.n.74379 ec A6.111 .n.fa./I.I0Sn9 ac. 253.911 An.(t./5.639.5 at. 61.065 61.661 .,,.ft..10.92936 ac 16.5-6 at. 935.696 .nett:]1.35101 ac ALT AREA A171R EASE4ENT 61,065 agate. I.S6960 at. 166.916 sq.tt./6.36965 ac. 61,565 at. 196.666 •l.f1./630905 at. i w, roe. .., i'• •u.i :Str a ,-v. Fl•y ter rr� n .ml "II I I. mN ••. i. vr•e •syr.._. u"Lr rb ler N rte _i _ •Im-t n. Me, N.-':ef dAVE LAND SURVEYING 1.1.1 .—a. I . Y 1 yrq"a' Mmnrwt!!ITl 611 Y, Fl3a SWEET I OF 2 SHEE15 :� Til. -i% ��\�\�%/� 1 _��/e;; ; r�.i , Fz: ir 1.1; \I�=\j-) 'IT `. �� �; \\\�\ \\ 1 19 � `\ � /� -\ , o � \I 1 � I I + < \X Nam 11 \1A Al U. Ir -4 u couAffi "ATq Prollminor:l Pie, Of PARK CENTER ... . ..... .... ... . ... ... SHEET 2 OF 2 SHEETS y.i• .j i�L 41 II� i P -LA- W J J F'_E[D 131 %�q v/A s 6b ee:....... aw............._ si �i! � IIF iF i I ul to uu, ugFGGFGLGFFFGF a999,9 9 ..f I fill• 40 I it i• � O�I PAR6 CENTER EAGANhN Rr'I u C.!LAJL MM 32 A N, O'csk lad Ld '�\, � • , �� - �, � � � � _- \ �-moi �\� M i PnlHinary eim of PARK CENTER 0000000+� CLIFF ROAD - 1257.72 F F / y A MI ElE ,O®IAYx 1A11Y 91,VlTlxn a. . Vy SHEET 2 M 2SHEETS r 1ei : ���i• I�a � I � Ilii li��i_ T�?Pz--�. \\ \l�iL1�JJ1 1:1117 I; S�iri �I 1 ik;i 1 't � , ii_ W t LL z W ...y vi t7 iii ! r O � Q ii ��i � IL `. also, soli 1 W e ill'. ii��iiip C7 F31 ii d D i3 Y z is; i,�4,t 1! LU W 3 LU w 2 �' O H co 1 adsa;, \ of* a..a 3avi SUBJECT PARCEL FIG 01 I city of eagan STORM SEWER approved: standardplate PUBLIC EZWORKS MASTER PLAN DEPARTMAE] fI I4 [JdW; 140 . . . . . .... 9.J142 0 1 uiu UA H PAF RE 1 II 45W..?3.0 rt A24 4 443 . I F 14 9 (1 0) L IFF 148 74 M1 A 35.4/62. 55 ?1. 1 CA ILA K SCHOOL TT 14 7V Ezil! V! 7 -11 L( &27 46.7/75A MART SC 15 - 159 tHN T/ 4i QY1I ^I ARK LA' CE4A A --CEDAR W1 I COMMERCIAL CLE jiG t 5"q '0' 1 230 jr! 2 DAK07L �-;'VN451 0 N'� , Cootie" 22 P� AT 76.5/ -7 20' 5 6.4; 760 1 x N., 90.0 .-.....,SUBJECT PARCEL FIG #3 city of eaga6 WATER approved: plate 5tandard wh PUBLIC LLIff WORKS MASTER PLAN DEPARTMENT 107 RECEIVECNIr - ; 13M 1WBENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 119/ EDEN PRAIRIE, MINNESOTA 55344/(612)9"-7590 November 4, 1988 M E M O R A N D U M TO: Mr. Martin Colon, Federal Land Company FROM: James A. Benshoof 4 F;; REFER TO FILE: 85-34-03 RE: Traffic Study for Proposed Park Center Development The purpose of this memorandum 15 to document the results of our traffic study for your proposed Park Center development, which is located in the northwest corner of Cliff Road and Cliff Lake Road. As requested by City staff, the two prime purposes of this traffic study have been: To develop and present forecasts for the traffic that will be generated by this development To assess whether the public roadway system will be able to adequately accommodate the development traffic TRAFFIC FORECASTS The first step in the traffic forecasting process Is to quantify the types and amount of land use in the development. As we understand. the prime development component will be a shopping center with about 86,600 sq. ft. The plan also provides five additional development parcels. We understand that prime candidates for four of the parcels are restaurant. retail, bank and clinic. The plan indicates that the fifth parcel would have an office use, though it is possible that the parcel may be developed instead with senior housing. The specific sizes of developments on these five parcels have not yet been determined. From a traffic forecasting standpoint, our approach has been to assume that each of these parcels will be developed to about the maximum density allowed under City Code parking provisions. An outcome of this assumption is that the sizes of several uses as utilized for traffic forecasting purposes are larger than illustrated in the development site plan. Specifically, for traffic forecasting purposes, it has been assumed that the development will consist of the following components: /a ? Mr. Martin Colon -2- November 4. 1988 Shoppi'ng Center - 86,600 sq. ft.. Restaurant - 4.,000 sq. ft.. Retail - 6,000 sq. ft. Bank - 4,500 sq'. ft. Office - 36,000 sq. ft. Clinic - 7,000 sq. ft. It should be noted that trip generation for the overall development li'ke'ly will be lower if senior housing is developed instead of the office component. The next step is to apply appropriate trip generation characteristics to these development statistics in order to project the number of new veh'l.cle trips that the development will add to the roadway system. These trip generation projections were developed for the p.m. peak hour, the busiest traffic ,period on the adjacent roadways, through the following three-step process: 1) Apply expected trip generation ratesl to each development component in order to predict the p.m. peak hour volumes in and out of each individual component. 2) Apply a five percent reduction factor to the sum of the values from step 1) In order to estimate the p.m. peak hour volume in and out of the entire development. The reduction factor is to account for trips between two uses in the development which would not utilize either Cliff Road or Cliff Lake Road. 31) Categorize the trip generation result from step 2') into pass by trips and new trips. The document entitled "Trip Generation," published by the Institute of.Transportation Engineers Indicates that a major phenomenon of new shopping centers is that a• significant portion of their traffic"is pass by trips:,, trips that already are on adjacent roadways and that wil"1 be Intercepted to include a stop at the new shopping -center. Based on the size of this shopping center, Figure V-1 in the "Trip Generati-on" report indicates that at least 40 percent of the shopping center trips will be pass by trips. The remaining 60 percent of the external shopping center trips are expected to be new trips that are not now traveling on adjacent roadways. Through the above process, the trip generation projections shown in Table 1 have been developed. A major ,result in Table l is that the entire Park Center development is Trip generation rates used /r 9published In "Trip Generation," Institute of Transportation Engineers, 1,987 Mr. Martin Colon -,3- November 4, 1.988 TABLE 1 TRIP GENERATION FOR PARK CENTER (P.M. PEAK HOUR) Use Size (ft.2) Shopping Center 86.,,600 Restaurant 4,000 Retail 6,000' Bank 4,500 Office 36,000 Clinic 7.000 Totals 144,100 5% Internaltrip reductlon Total net external trips Pass. by Trips (407.:) New Trips (607.) /0. Rates In out Trios -f n out 3..05 3.18 264 275 10.6 9.3 42 37 9.2, 9,.6 55 58 13.,4 13.9 60 63 0.4 .1.8 14 65 1.0 2.6 7 -1& 442 51.6 -22 -26 420 490 (364 total trips) 168 196 (546 total trips) .252'. 294 Mr..Martin Colon -4- November 4, 1988 projected trip generation is 27 percent less than the,750 trips that were assumed to be generated by this property In the Cliff Lake Galleria Traffic Study conducted for the City. The next step is to project the directional distribution of the development trips. The trip distribution percentages presented In the Cliff Lake Gallerla Traffic Study were utilized as an initial source of distribution for new trips generated by this development. Those trip distribution percentages were adjusted slightly to account for the expectations that this development, due to more local character, will attract a greater portion of trips from the west and north. The resultant expected distribution of new trips to/from this development is as follows: to/from north on Cliff Lake Road - 25% tl to/from east on Cliff Road - 50% to/from west on Cliff Road - 25% The pass by trips are expected to have a different directional distribution pattern. Based on the relationship of the development to major traffic streams, the estimated distributions of pass by trips is as follows: from east on Cliff Rd. to west on Cliff Rd. - 30% from west on Cliff Rd. to north on Cliff Lake Rd. - 20% from north on Cliff Lake Rd. to west on Cliff Rd. - 20% from west on Cliff Rd. to east on Cliff Rd. - 15% from north on Cliff Lake Rd. to east on Cliff Rd. - 15% The next step is to apply the preceding trip generation results and trip distribution percentages for.new and pass by trips, in conjunction with expected usage by driveway, to develop p.m. peak hour development traffic forecasts. The resultant forecasts are presented in Figure 1.' As indicated In Figure 1, pass by trips actually have the effect of reducing particular through volumes. IMPLICATIONS OF DEVELOPMENT TRAFFIC ON ROADWAY SYSTEM Relating to the p.m. peak hour volume projections shown in Figure 1, the implications of development traffic at key locations will be discussed next. intersection of site access drive and Cliff Lake Road. The design plans for Cliff Lake Road accounted for "'Cliff Lake Galleria Traffic Study," prepared for City of Eagan by Short -Elliott -Hendrickson, inc., October 1987, page 16 /! l 116 J -53 —► -5 `' Lzs a+ L136 y L 13 t -20 +- 721 X113 Drivers Lficense Exam Fac 111ty A N Not to 5caPe Cliff Road �- 6'� • 51 -► Note: Reductifons in certain through volumes are due to pass by (Intercepted) trips TRAFFIC STUDY FEDERAL LAND COMPANY FOR PARK CENTER DEVELOPMENT //2�— FIGURE 1 P.M. PEAK HOUR .DEVELOPMENT TRIPS Mr. Martin Colon -6- November 4, 1988 this Intersection. With two lanes for exiting traffic and a left turn lane for entering traffic, this intersection will effectively accommodate the development traffic. Intersection of Cliff Road and Cliff Lake Road. As noted in the "Cliff Lake Gallerla Traffic Study," this intersection will experience a substantial traffic increase. To accommodate this growth, a major upgrading.pfoject was undertaken, Including widening and traffic signal control. Since the net new trips generated by the proposed development are lower than the site volumes assumed in the "Cliff Lake Galleria Traffic Study," the proposed Park Center development will have less effect on traffic operations at this intersection. Number and location of access points on Cliff Road. The proposed site plan indicates that the development would have two access points on Cliff Road - full access at a location opposite from the Driver's License Exam Facility (about 1150 feet west of Cliff Lake Road) - right turn in and out only access located about 410 feet east of the full access point Given the close relationship of the above access points to the County's spacing standards and given the advantages of having a full access point also available to serve the Driver's License Exam Facility, the County Plat Commission recently approved these two proposed access points on Cliff Road. The Plat Commission expressed concern about the existing four lane undivided design of Cliff Road along the frontage of this development. in this context, they mentioned two further points: - that a need exists to upgrade this segment of Cliff Road to an ultimate six lane divided design. The segment that presently does not have a raised median is only about 1/2 mite in length (from about 600 feet east of Nicols Rd. to 600 feet east of Cliff Lake Road). - That an access permit for the right turn in and out access point will not be issued until a median is constructed on Cliff Road. We concur that upgrading of this segment of Cliff Road, including a raised median, is needed to resolve the existing 1/2 mile gap in the divided design. Such upgrading should include left turn lanes at the proposed full access point. in conjunction with the Park Center development it is expected that traffic signal control will be warranted at the full access //3 Mr. Martl+n Colon -7- point. With this design expected that Cliff Road the development traffic effects. 'November 4, 1988 and traffic control, it 1s will be able to accommodate without significant adverse An important point regarding the upgrading of Cliff Road is to coordinate, as best possible, the schedule for this upgrading together with the schedule for completion of the development. To this end, we recommend that Federal Land Company undertake a joint effort with the County and City to implement the needed improvements to Cliff Road by 1990. County staff have given a preliminary indi.catlon that some County funds Would be,evailabl,e to apply to this improvement project. 114 MEMO TO: DALE C RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 3. 1989, SUBJECT: PARK CENTER PRELIMINARY PLAT AMENDMENT TO STAFF REPORT (NOVEMBER 15, 1988) RESULTS OF ACCESS/TRAFFIC IMPACT EVALUATION At the November Planning Commission meeting, the above -referenced proposed preliminary 'plat was considered based on information submitted submitted and a staff report prepared evaluating the proposal. Subsequent to that application being considered by the Council, additional information was also requested pertaining to a study for driveway/street access onto Cliff Road and the traffic impact of this development on the Cliff Road corridor. Each of these issues is addressed in this memo as follows: STAFF REPORT AMENDMENT As a part of the Engineering, Division's review of this proposal, a detailed analysis was done on the water quality and quantity runoff from this development. While the original submittals indicated that approximately 3.5 acres of the northeast corner of the proposed Park Center Addition would be directly tributary to Pond AP -25 within the Cliff Lake Center Addition, staff indicated that there was additional capacity available to accommodate more direct surface runoff. Subsequently, continued analysis of this situation indicates that it would be better to have the, majority of the Park Center development discharge its surface water runoff into Pond AP -50 located adjacent to the west boundary of the Park Center development. Approximately 3.5 acres of direct surface runoff from Park Center could still discharge into the Cliff Lake Galleria pond (,AP -.25) but it should be minimized as much as practical. Therefore, this memo constitutes an amendment to the previous staff's report for consideration of this application. CLIFF ROAD ACCESS/TRAFFIC IMPACT EVALUATION During the review of the preliminary plat by the Dakota County Plat Commission, concerns were. expressed regarding the proposed full access on the west end and the limited right -turn only access approximately mid -point for this development. They had recommended that an access study be performed for Cliff Road between I -35E and, the Cedar Freeway. This study was completed by the City and County's joint traffic consultant, Glenn Van Wormer. An executive summary of that study and the analysis is attached to this memo. Also; the traffic engineer's review of the original application material creates some concerns regarding the traffic generation pe DALE C RUNKLE PAGE 2 from this site. These traffic volume concerns were a result of confusion over the size of the retail facility. After receiving the corrected information regarding the proper size of the development, those original concerns have been alleviated. In summary, the proposed development will not generate any traffic problems that cannot be handled by the proposed accesses to Cliff Road or Cliff Lake Drive subject to the anticipated upgrading of Cliff Road from 35-E to the Cedar Freeway. It is anticipated that Cliff Road will probably be upgraded to a 6 -lane roadway with channelization and signalization at critical intersections in the future. The timing will be depended upon the proposed development schedule of Park Cliff and other properties within the travel shed. The best projections indicate that the need for this Cliff Road improvement would be within the next 2-4 years. With the proposed full access and limited right-in/right-out from Park Center, certain concerns are raised regarding the ability to handle the anticipated turning movements from Cliff Road to the full access interchange at the westerly end of the Park Center development as well as ensuring that the limited access is restricted to right turns only. This may necessitate the upgrading of Cliff Road prior to allowing the connection of these proposed accesses. INTERNAL CIRCULATION The traffic consultant and myself have had several meetings with the' developer's traffic Engineer regarding the internal circui.ation and site plan layout. Because the proposed users have not been selected yet, the detailed design of the site plan and related circulation cannot be refined to a level of detail necessary to address all concerns. Therefore, it is more appropriate at this time to evaluate the impact of the overall development and ability of the adjacent transportation system to handle the proposed traffic volumes and to leave the internal circulation and site plan review as a part of the building permit process. As a whole, the concept layout is workable subject to minor modifications that can be addressed with the site plan review during the building permit process. SUMMARY In summary, Condition #13 of the previous staff report should be revised to reflect the potential change based on the final grading and drainage plan for this development. The revision proposed is as follows: DALE C RUNKLE PAGE 3 This development is required to provide approximately 4-6 acre feet ,of wet pond storage volume below the proposed normal water level for Pond AP -50. This development shall comply with all requirements of the County Highway Department pertaining to the proposed accesses to Cliff Road,. If any additional information or further clarification regarding these issues would be helpful, please let me know. <14 irector of Public Works ° TAC/ii n' cc: Thomas L. Hedges, City Administrator Mike Foertsch, Assistant City Engineer Attachment EXECUTIVE StRWARY CLIFF ROAD: ACCESS STUDY JANUARY 12, 1989 Prepared for City of Eagan M. SHORT-ELLIOTT-HENDRICESON, INC. Executive Summary Background Information Cliff Road currently carries a relatively high volume of traffic which is anticipated to increase rapidly with the proposed development now taking place. Currently a raised median is in place between Nicola Road and Cliff Drive. A second median is in place from I 35E to the west terminating east' of Rahn Road. A painted left turn lane -exists in both directions at Rahn.Road. Access from the; north is limited to Cliff Drive, Scott Trail, and two proposed entrances from the proposed Park Center. These entrances have not yet been approved by Dakota County. Several access points exist on the south side. A joint, driveway to the Flour Bin Restaurant and Rocky Rococo operates as a right turn only driveway near Nicola Road. A radio station driveway exists just east of the end of the median near CliffDrive;. The driver testing range has full access at its 'dri'veway. There is also a. driveway to the Auto Mall between Rahn Road and 135E. This is restricted" to right turns in and right turns out although outbound leftturn violations are noticeable. The County guidelines for spacing of access locations and median openings indicate the potential for one median opening between Rahn Road and Nicola Road. Any change would require a variance. Operational -Analysis As part of the study, development along Cliff Road was reviewed and traffic generation for each business was determined. The traffic anticipated was then placed onto the street system and turning movements constructed at each of the access points onto Cliff Road. As an, example,, there are approximately 95' eastbound left turns to Cliff Drive and 75 left turns out of Cliff Drive in the evening peak hour. This was done for existing buildings and for the proposed Park Center development. ��9 Once the volumes and distributions were complete, three different concepts were studied in detail and other concepts were reviewed in less detail. The three major concepts considered were a single median opening and full access at Scott Trail, a full access at the proposed Park Center west driveway and full accesses at both the Park Center proposed west entrance and Cliff Drive. For each option studied, the impact of diverting traffic onto adjacent intersections was considered along with the. inconvenience to individual motorists. If a single access point is provided at Scott Trail, all traffic associated with eastbound Cliff Road and the proposed Park Center would be forced to utilize the Rahn Road intersection and the access from Park Center onto Cliff Lake Drive. The volumes are heavy' enough to create operational problems on Cliff Lake, Drive in terms of northbound left turn lane storage and may result in outbound Park Center traffic delays. The concept would also force the Cliff Drive traffic to utilize one of three routes to access eastbound Cliff Road: 1) Cliff Drive to Nicola Road, 2) cut thru the shopping center and access Nicols Drive next to the Tom Thumb store, or 3) make a right turn from Cliff Drive to Cliff Road and a u -turn at Nicole Road. While diverting traffic (option 1,) from- Cliff Drive to Nicola Road will operate satisfactorily, we believe the other two options would be more heavily utilized and thus could create congestion on ,Nicola Road at the Tom Thumb entrance or operational problems within the two shopping areas. Placing a single median opening at ,the proposed Park Center entrance would create similar operating problems for the Cliff Lake Drive traffic. The only change is that Scott Trail traffic would now likely cut thru the shopping center west of Scott Trail to reach Cliff Drive and access to Nicola Road. U-turns at. Nicola Road would probably be increased. Traffic on Scott Trail thru the residential area to the north would also increase. lAU The concept of a double median opening with one median opening at Cliff Drive and the second at the proposed Park Center entrance would alleviate many of the operational problems. The traffic primarily effected would be that on Scott Trail. Commercial traffic may be rerouted to the north thru the residential area or may cut thru a shopping center to the west or make a u -turn at the Cliff Drive median opening. With the close proximity of the median opening, ,we anticipated much of the traffic would divert to either u -turns or cutting thru the adjacent center. However, residential traffic originating in the north Scott Trail area would probably use the alternate route to Nicola :Road reducing the traffic volume on Scott Trail at Cliff Road. Access from properties to the south would be better served by the two median openings. The accessto the .radio station could continue as is because of the small volume, or could be relocated to line up with Cliff Drive if the property owners wish to do this. It would be desirable to relocate because of the potential for westbound traffic to attempt to make an illegal left turn into the radio station driveway by traveling a short distance the wrong way. Implementation Implementation of the proposed recommendation is dependent upon approval from the. ,City of Eagan and. Dakota County. Extension of the median from the end of the current median near 35E to Rahn Road is desirable to provide better direction to motorists at Rahn Road and, to prevent illegal left turns from the existing Auto Mall driveway. The development of the Park Center proposal would also make it desirable to extend the median along the Park Center frontage past the easterly driveway to Cliff Road, if the driveway is approved. Left turn lane development at the proposed Park Center would also be desirable and installation of a median would define the area. Full medians should. be in place prior to any development on the south side. It therefore appears desirabl& to install medians concurrently with the development of the proposed Park Center site. The 1,Z f median extension west from I 35E to Rahn Road can be constructed earlier as part of .the widening and channelization on Rahn Road south of Cliff Road in conjunction with the Rahn -Cliff development. Ultimately CliffRoad will need to be widened to three lanes in each direction. . A design decision should be made relative to timing of the major improvement and installation of the turn lanes. It may be desirable to attempt to install permanent center- turn lanes and medians with ultimate widening on the outside. However this may be 'a difficult design depending upon existing road surface, and base considerations and drainage considerations. The ultimate widening of Cliff Road is also very dependent upon widening of the bridge at I 35E and the potential need for widening the bridges over 'Cedar Avenue. It is recommended that the City adopt the, concept of a raised median between Cedar Avenue and I 35E with openings at Nicole Road, Cliff Drive, the westerly proposed Park Center driveway and Rahn Road. This concept can be submitted to Dakota County and if they concur, implementation details can be further considered. -�E ENCINEERS:0 ARCHITECTS 8 PLANNERS j Ur LEG MEDIAN O'PE'N'IN'G L O.G.A T I O,N AD ACCESS STUDY FILE NO. 88077 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR -+-1PROM: DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 3, 1989 RE: FEBRUARY 7, 1989 CITY COUNCIL PACKET INFORMATION ITEM E - COMPREHENSIVE GUIDE PLAN AMENDMENT - PARK CENTER Staff has been working with the Dakota County Housing Authority regarding preparation of a site layout. On the seven acres, we are showing approximately an 80 -unit three story apartment with underground parking for 40 vehicles. There is some room for expansion if the additional one acre parcel to the east is purchased. The question arises as to the setback required from the retail to the residential. It would be staff's suggestion that the retail building setback be moved further east if the City acquires this additional one acre parcel. aCity staff has met with Mr. Erkkila of Westwood Planning to review tree surveys and revised landscape plans. The tree survey included all trees over 6" in size and some revised plans have been drawn to save as many trees as possible. This is a detailed item and if, in fact, the Council elects to rezone the property, this detail can then be worked out as to the best site plan which will mitigate the grading and impacts on park property to the north. In reviewing the timing for acquisition of property for the HRA, I have contacted Mr. Mark Ulfers. The time frame to acquire the property is as follows: The City received the funds to acquire a senior housing site in April 1988. It is my understanding the City has through April 1990 to acquire this elderly senior site, leaving a little over a year before funds would be forfeited or problems arise with acquisition of this site. From time of acquisition, the City then has approximately two years before construction or housing should begin. This step of the process has not even been thought of as to the type of construction that will occur; this will begin upon site acquisition. Hopefully, this updates you on the timing and scheduling for the Park Center senior site. Enclosed is a schematic indicating how a building could fit on this site, knowing we have capabilities of placing an 80 -unit facility on this site with possible expansion if the City elects to acquire or meet with the senior housing committee, or City Council committee, to begin the site design process. If you desire additional information, please feel free to contact me. DCR/js --� {t CAM CTAIL Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/STRYKER ADDITION B. Preliminary Plat for Stryker Addition Consisting of Two Lots on 3.68 CSC Zoned Acres --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on June 27, 1989 to consider a preliminary plat consisting of two (2) lots 3.88 CSC zoned acres with existing buildings located along Rahn Road in Beau D'Rue Drive. The APC is recommending approval. This item was first heard by the Advisory Planning Commission at their May meeting and continued until the June meeting requesting specific information. The item was to be considered at the July 5 City Council meeting, but continued at the request of the developer until the August 1 meeting. For a copy of a report prepared by the Department of Community Development dated May 17 and an up ate to the report dated June 22, ,refer to pages /z7 through . Park Dedication requirements were fulfilled with the original platting of the property. For a copy of the action that was taken by the Advisory Planning Commission at both their May23 and June 27 mp9tings, refer to those minutes found on pages through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Stryker Addition consisting of two (2) lots on 3.88 CSC zoned acres with existing buildings to be located at the South intersection of Beau D'Rue Drive and Rahn Road. /74 MEMO TO: ADVISORY PLANNING COM ALL ADVISORY PLANNING FROM: JIM STURM� CITY PLANNER DATE: JUNE 22� 1989 SUBJECT: STRYKER ADDITION CHAIRMAN MYM PAWLENTY ION MEMBERS At the May Advisory Planning Commission meeting, this item was continued and staff was directed to observe the site conditions and note items that do not meet City standards. These items are listed below and the original staff report has been attached for your review. . 1) The parking lot does not have a 2,0' setback along the public streets. In some areas, especially •along Rahn Road, it encroaches into the right-of-way. It does not have concrete curb and needs new striping,. a 2) Additional plant material for screening the parking area would be desirable,, especially along•Rahn Road. However, it is not current City policy to allow planting within the right-of-way. Also, there are overhead electrical wires in this area; only understory trees and shrubs could be planted'. 3') 'The trash containers are not enclosed. They should be enclosed in a structure attached to the building and constructed of the same materials as the building•. (This is very noticeable on the liquor store lot.) 4) The liquor store lot is in need of•a general cleanup. Mowing_, shrub trimming, and parking lot sweeping should�be done•on a regular•basis. From an aesthetic standpoint, the area in most need of attention• is the liquor store lot.. The retail building, while technically not meeting setback and curbing requirements, is in good general condition. City Planner Attachment JS/mg /z 7 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (STRYKER ADDITION) APPLICANT: D C R COMPANY LOCATION: NE 1/4 OF SECTION 19 EXISTING BONING: COC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: MAY 23, 1989 DATE OF REPORT: MAY 17, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY In application has been submitted requesting a Preliminary Plat for the Stryker Addition, consisting of two lots on 3.8 acres located along Rahn Road and Beau De Rue Drive. These lots contain the Big Top Liquor Store and the Cedarvale Highlands building that were constructed in the early 1970's and have commercial uses on the street level and apartments above them. The original goal of the applicant was to split off the liquor store area so it could be sold as an individual tax parcel. Before the county would authorize the split of the existing parcel, the City would have to either require platting or approve the waiver of plat process. Staff recommended platting since the liquor store lot has been developed to its maximum potential. However, upon further review and with legal counsel agreement, staff is recommending that only the liquor store lot be platted at this time and that a new meets -and -bounds survey be submitted for the remaining area. This will separate the ownership of the liquor store from the partnership that controls the residential/commercial building. Since the land use is not changing and no expansion or site modifications are proposed, no site improvements have been requested. However, at the time changes are proposed, the City would look to upgrade the site conditions and bring the area up to current code requirements. IZ 9 CONDITIONS 1.) All applicable standard plat conditions shall be adhered to. 2) A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3) Cross ingress/egress and parking easements shall be submitted with the final plat. A /3d LOCATION ZONING GUIDE- PLAN /3 a/eie•tvr Aom of: STRYKER ADDITION wtrr M epYe eVMWY ee�WCl N\*'r IL ftl N � TOTAL RAT AREA : 1••.O•• •O.ft. 1 2.992 nn.. Let • bee : 99.640 •WFL 10.646 a .0 pe01ee1M eee0 MM •T.•Oe eaFL 10.964 Send wtrr M epYe eVMWY ee�WCl Z _ STORM SEWER LATERA L_- Lum? SLM 1 : .hw i� TOTAL 010T AREA 1 200.00E §a.lL 1 0.00E 00106 1 l01 1 A a : ND10 §11.11L (2.102 0IMI) Lot 2 400: 1111.000 §all 40.040 00a01 DEalo ol11E 1b00 §m : ETJOO §ail IOJ11E 001001 pra& my Pw of: STRYKER ADDITION w1w1 N arorr auror0tiw0 14 moms SANITAR%l SEWER LATERAL — Z(o8 F.F. � WATER LATERAL — LUMP SUM L :e �J Y� I! 1ti�n �J TOTAL PLAT Olo[s t 160 -COB 941.ml. ( O.00m owes ) LY I 1 : OO.eeO "Fl. I2.122 meemm) Ln a Jams : 96.640 SAM lO.msm seem.) Deal- loess lone : ST.M "PL IOlmm .em) Probe& y PW or: STRYKER ADDITION mMYw mVM M 4 TOTAL FLAT AREA 169.098 110.71. 1 9.11011 0IM98 to , A,,,e :OLD" lWLVL 111.1112 11nM1 Lot 2 Ama : 26.849 BAPI. 40.846 4W10S) D,dlcmWd Mod WIT : 9T.284 ftfflL 40A84 A l Prokr*mwy Pw of. STRYKER ADDITION STORM SEWER -MuAV, UPGRADE 3.03 ACRES •b� L GAN ASIDEIL A—d % :y \:5.4 :•A-1 ip..F:':e�ieiii'• ,y 795.5 a i' •m '` �^ 1 -y, �i,)f —���•.�ECAR.�� i ;i .i 1 } ,_, t.•.. - , l%�^H SIT ' :uwr'!L -`: 1 SAA!' B> -�_a`'T�• --T—_ -� NIuH a 8760c'�l £. iR44 T! },.; '.: ..... SUBJECT PARCEL FIGO 1 city of eaga6 STORM SEWER approved: standard PUBLIC plate •: WORKS MASTER PLAN DEPARTME /36 r- ri. ! j Inte�c,epto ' • X411 y _ J,�i. i At imsvllle '=• ' �� '.aLL 5 terceptor `. ;� L 6611 10 N � 12W 2! EENT city of eagah PUBLIC , WORKS DEPARTME SUBJECT PARCEL FIG*2 SANITARY SEWER approved: plate tand0: MASTER PLAN 07 city of gaol PUBLIC LWWORKS DEPART 'i~•`}h`N`: •,: SUBJECT PARCEL WATER MASTER PLAN FIG * 3 approved: Standard plate 0: V. S 1�1A 1� t V�r.�r.rr TOTAL FLAT A11[A : 168.090 56.F1. ( /./1! Mae$ 1 NI 1 AMA 1 VLO" M.FL I2.1a2 A ) LAI ! M•• : $9.848 taFL 10.040 Aswl Mok-bo ll••! NO : ST -204 MYL to -884 FM pmkrily) Plot of: STRYKER ADDITION a..=Tr WATER 'TRUNK / waTER AVAAL Rs«t-Tj C%NRGE FOR a. is ACRES aqY . DATEMay 19, 1989' MEMO TO:'JIM STURM, CITY PLANNER FROM: GERALD R WOBSCHALL, CPA FINANCIAL CONSULTANT SUBJECT.:FINANCIAL OBLIGATION STUDY STRYKER ADDITION THE PROPERTIES UNDER CON IN THE FOLLOWING MANNER: IMPROVEMENT SANITARY SEWER TRUNK WATERTRUNK WATER AVAILABILITY CHARGE ;!STORM SEWER TRUNK RAHN ROAD BEAU DE RUE DR LATERAL BENEFIT WATER TRUNK STORM SEWER LATERAL FOR THIS PLAT HAVE BEEN CHARGED PROJECT# USAGE 4 LEVEL 112A LEVEL 112A CI 24A MF 2 COST 139A CI 24'A CI 139A PARTIAL THE CITY IS AWAITING COLLECTION FOR THE FOLLOWING IMPROVEMENTS: IMPROVEMENT NONE FINANCIAL OBLIGATION PROJ USE RATE QUANTITY AMOUNT' $' O BASED UPON THE 'STUDY OF THE FINANCIAL OBLIGATIONS COLLECTED IN THE PAST AND THE USES PROPOSED FOR THE PROPERTY THE FOLLOWING CHARGES ARE PROPOSED. THE CHARGES ARE COMPUTED USING THE CITY'S EXISTING FEE SCHEDULE AND CONNECTIONS PROPOSED TO BE MADE TO THE CITY'S UTILSTY SYSTEM BASED ON THE SUBMITTED.PLANS. IMPROVEMENT PROD USE RATE STORM SEWER TRUNK.UPGRADE 24A CI .013/SF STORM SEWER LATERAL 139A 16.94/FF TOTAL /�o QUANTITY AMOUNT 36846 SF $ 479 173 FF. 2932 $3411 CC:E. J. VANOVERBERE CPA FINANCE DIRECTOR /r. P R oPosE o C F+ o P4'G E J I v f o rr o% e!t wt r !a sir r. / 17 3 %�. 5 YIa 9 3 Z7 0 f;eMv7 Floc Of: STRYKER ADDITION r r..rr rxr w. r u rr.r..rr � �SI{�O '.:..a:wva• w.M.e F .^-e'er er... ey! �l _1- .IT M � TOTAL PLATA: TM.M0 00.01. 1 LM! *"05 t "AM: LM T MAY gan. Mist I Lel t An0 : 28.040 OLn. 10.446 Mreet r r� Oodl MM 0ee0 0M : 0T.1M 00n. 10.064 Mree1 �SI{�O '.:..a:wva• w.M.e F .^-e'er er... ey! r V 0 7-3 J J j e H Ile 7 O vs to k fee 1300 loo j Page 7/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES May 23, 1989 D.C.R. COMPANY - STRYKER ADDITION Chairman Pawlenty convened the public hearing regarding a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19. City Planner Jim Sturm introduced the application to the Commission. City Attorney Mike Dougherty informed the Commission that the property was divided north and south and owned by separate entities. He stated the platting ramifications had not fully been investigated and that staff would work with the developer prior to the Council review. Dave Grannis (attorney for applicant) reported there was no need for a cross parking easement, that only ingress and egress easements were necessary. Mr. Sturm agreed. Commissionmember Miller suggested the addition of a condition requiring the applicant to meet current standards. Mr. Dougherty stated it was a clean-up process. Chairman Pawlenty asked if expansion would ever occur. Commissionmember Miller stated the City should take advantage of the opportunity. Mr. Sturm stated a condition could be added to require an upgrade if the use changed. Commissionmember Trygg commented that the new owner would then bear the expense. Chairman Pawlenty asked what type of changes would be needed. Mr. Sturm responded curb, gutterandlandscaping would be required. Commissionmember Miller suggested continuing the matter to allow the developer to propose changes that were feasible. Mr. Grannis pointed out that the property was presently developed and that space was limited. He further stated the developer was willing to listen to alternatives but had no suggestions. He reported there was no objection to a continuance to the next meeting to allow the developer to work with the staff. Commissionmember Voracek was in favor of a continuance. Commissionmember Gorman asked if only the liquor store could have additional conditions. Mr. Sturm responded that staff would investigate the matter. There was further discussion regarding platting versus waiver of plat. Voracek moved, Gorman seconded, the motion to close the public hearing and to continue to the June 27, 1989, Advisory Planning Commission meeting a preliminary plat request consisting of 'two lots on 3.88 Community Shopping Center zoned acres with existing builoings located at the south intersection of Beau D'Rue Drive and Rahn Road /4 Page 8/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES May 23, 1989 in the northeast quarter of Section 19, as requested by D.C.R. Company for the Stryker Addition, to allow further investigation by the developer and staff regarding the plat conditions. All voted in favor. CONDITIONAL USE PERMIT - XAVIER'S RESTAURANT Chairman Pawlenty announced that the motion previously approved at the meeting should be amended to state "Malt liquor and wine". Miller moved, Trygg seconded, the motion to reconsider the motion regarding a conditional use permit to allow on -sale beer and wine for Xavier's Restaurant. All voted in favor. Miller moved, Trygg seconded, the motion to approve a conditional use permit to allow on -sale malt liquor and wine in a Community Shopping Center/Planned Development district located on Lot 3, Block 1, Town Centre 100 Sixth Addition at the southeast corner of Town Centre Drive and Denmark Avenue in the northwest quarter of Section 15. All voted in favor. PLANNED DEVELOPMENT AGREEMENT - ROBERT AND GRACE O'NEIL Community Development Director Dale Runkle updated the Commission regarding the Planned Development amendment. He stated the ordinance was being reviewed at the staff level and should be near completion in thirty days. He pointed out that the Metropolitan Council would be involved. Chairman Pawlenty asked how long the Metropolitan Council process would take. Mr. Runkle responded a minimum of 90 days. Carl Olson (Lenz Company) had concerns regarding accessibility to his 10 acres. Mr. Runkle informed him an access would be provideo to his land. Chairman Pawlenty requested a clarification of the freeway zoning proposal. Mr. Runkle stated that it would affect the undeveloped property. ADJOURNMENT Miller moved, Gorman seconded, the motion to adjourn the meeting of the May 23, 1989, Advisory Planning Commission at 9:00 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 27, 1989 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 27, 1989, at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Voracek, Trygg, Graves, Merkley, Gorman and Hoeft. Also present were Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney Mike Dougherty. AGENDA Chairman Pawlenty informed the Commission that Item E. under New Business of the agenda (Poppler Homestead No. 2 - Lawrence Poppler) would be continued at the applicant's request. Trygg moved, Merkley seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES May 23, 1989. Chairman Pawlenty requested a correction on page 5, the last sentence on the page should read "Mr. Kyllo stated it was a private preserve." Voracek moved, Trygg seconded, the motion to approve the May 23, 1989 Advisory Planning Commission minutes as amended. All voted in favor. STRYKER ADDITION - D C R COMPANY Chairman Pawlenty opened the first public hearing for the evening regarding a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19. City Planner Jim Sturm summarized the application and the background for the Commission. The applicant was represented by its attorney, Mr. Grannis. Commissionmember Voracek pointed out that the staff report was generously worded. He stated the curbing was movable and felt that the lot needed resurfacing. He also pointed out that the weeds should be killed, that the shrubs were growing wild and that some were dead, and that grass should be planted. l/EAGAN ADVISORY PLANNING June 27, 1989 Chairman Pawlenty stated it was a good opportunity for the City to act. He stated the setback could be an exception and questioned if it was a hardship. Commissionmember Voracek remarked the parking surface should be brought back into the property line and out of the right-of-way. Commissionmember Merkley reported that the parking is not very abundant in that area. Chairman Pawlenty stated the Commission could approve the application with conditions. He questioned how the City could enforce the permit on an on-going basis. City Planner Jim Sturm explained the City's procedure for monitoring compliance. Attorney Grannis stated that the City already had ordinances to cover the conditions. He reported that the liquor store was subject to a long term lease and that the owner did not have control but rather the tenant did. He objected to the discussed conditions. He stated the ground was fully developed. Commissionmember Merkley responded that the owner should have control over its tenants. Commissionmember Graves commented that the property should look decent. Chairman Pawlenty reported that the objections of the developer were noted. Commissionmember Hoeft asked how the cross parking easement would work on the site. Mr. Sturm explained. Voracek moved, Hoeft seconded, the motion to close the public hearing and approve a preliminary plat consisting of two lots on 3.88 Community Shopping Center zoned acres with existing buildings located at the south intersection of Beau D'Rue Drive and Rahn Road in the northeast quarter of Section 19 (Stryker Addition), as requested by D C R Company, subject to the following conditions: 1. All applicable standard plat conditions shall be adhered to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress/egress and parking easements shall be submitted with the final plat. 4. The parking lot shall have a 20 foot setback along the public streets and shall be resurfaced and striped and shall have concrete curbs. 5. The current overgrown shrubbery shall be trimmed, removed or replaced. Understory trees and shrubs should be planted to screen the parking area. /� 1 Page 3/EAGAN ADVISORY PLANNING COMMISSION MEETING MINUTES June 27, 1989 6. The trash containers should be enclosed in a structure attached to the building and constructed of similar materials as the building. The back wall and the air conditioning units should be covered and the ice cooler should be removed. 7. The liquor store lot should be cleaned, the weeds removed and it should be either seeded or sodded. B. The adjoining parking lot should be resurfaced and striped. All voted in favor. Attorney Grannis requested specific standards for the requirements. Chairman Pawlenty informed Mr. Grannis that staff would provide the standards. DUCKWOOD CROSSINGS, INC. - DUCKWOOD CROSSINGS Chairman Pawlenty convened the next public hearing regarding a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business, a Planned Development amendment to specify uses for Lots 2, 3, and 4 of the Pondview Planned Development Agreement, a preliminary plat consisting of three lots on 5.1 Planned Development zoned acres, a conditional use permit for a pylon sign and motor fuel sales and variances for parking lot setbacks located along the west side of Pilot Knob Road, south of Duckwood Drive in the east half of Section 16. City Planner Jim Sturm briefed the Commission regarding the applications and stated that a light grey brick was proposed. Mike Kesack (Coldwell Banker) introduced the representatives for Duckwood Crossings and informed the Commission they were available for questions. Commissionmember Voracek asked for the parking requirements and also if cross easements were necessary. City Planner Jim Sturm responded that a condition should be added regarding cross easements. Commissionmember Trygg asked if the request was to amend the Comprehensive Guide Plan to General Business. Mr. Sturm responded the request was to amend the Planned Development Agreement. Trygg stated there was no need to change the agreement to include motor fuel stations as she did not support the proposal. Chairman Pawlenty stated that the Comprehensive Guide Plan should not be changed. City Attorney Mike Dougherty pointed out that the Comprehensive Guide Plan should be amended to reflect General Business uses. There was further discussion regarding the Comprehensive Guide Plan. lyb Agenda Information Memo August 1, 1989 City Council Meeting SENECA WASTEWATER TREATMENT PLANT/BETTY BASSETT C. Request by Betty Bassett to Further Discuss Seneca Wastewater Treatment Plant --Betty Bassett has requested time on the City Council Agenda under Old Business to present concerns regarding the Seneca Plant expansion to the City Council. Enclosed on page LSD is a copy of her letter making this request. Kristy Marnin, Planner I in the Department of Community Development, has been acting as a Committee Chair for the Seneca Odor Control Advisory Group. This Committee has been meeting on a regular monthly basis since the City Council adopted the Seneca Plant Development Agreement which established the Commission since February of this ye Kristy as prepared a memo, copy is enclosed on pages -through /5(o, that addresses problems the Committee is experiencing in establishing a specific direction and ^focus. The Seneca Plant Development Agreement provides a forum for •informational exchanges regarding the plant expansion, operations and odor issues. As Kristy states in her memo, the Committee has attempted through its own interest to expand discussions topics beyond the established forum adopted by the agreement. Also discussed in the attached memo is a response to the issues raised in Betty Bassett's letter. Since this is not an action item but addresses a development agreement that is a matter of record between the City and the MWCC, it is suggested that the presentation be limited to the five (5) points raised in Ms. Bassett's letter. Kristy's letter will be shared by Ms. Bassett prior to the meeting, and if her concerns are resolved, this item will be removed or reduced to the number of issues that are of concern to Ms. Bassett. There is no action required in this item. 14/ auiy,lY, 1YcY City of Eagan, We wish to be placed on the City Council Agenda under old business on August 1, 1989. Our concern is the Seneca plant. The plans for the lift -station acid the metering station have been cut back because the bids were too high. The chemicals whichwere being put in the pipeline are not being put in because a drill broke. Last week our neighborhood stunk. Who is watching- the MWCC to protect/ the residents of Eagan? Last'week the neighbors received a letter from Minn. Public radio, informing us they have an option on the Peterson land to build four radio towers. The site plan showed most of the scenic F easement being -used by them. A closer readint of the scenic easement shows that by agreement the city and the MWCC can at any time vacate the easement for any purpose. What kind of protection is this ror hiss' In the agreements with the ci-ty.one of the statements whic}r pleased the neighbore,was was that the sludge being brought in from Blue Lake would be reduced after the new plant was built.. This we assumed would reduce the smell of burning sludge, however, it seems that Blue Lake sludge will be reduced because the plant will be accepting the sewer waste from the new Bloomington Mega Mall. Across the river,they are already 'laying new sewer pipes to bring their sludge to Eagan. It~ seems Blue Lake sludge will be cut back, because the new plant will be operating at capacity with the Bloomington sludge.. The neighbors wells are being affected by the dewatering 9 �Uwells put in for the construction of Senaca. There will be uaeermanent dewatering wells after Seneca is built. The DNR has to o to the legislature to get permission to exceed the diversion and consumption in excess of 2,.000,000 gallons of water per day average in a 30 day period -This is Eagan groundwater,0urPipes are at times sucking air. 16'0 /3e,1lz�__`" TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: July 25, 1989 SUBJECT: Seneca Odor Control Advisory Committee August 1, 1989 City Council Agenda (Request by Betty Bassett) The Seneca Odor Control Advisory Committee, consisting of area residents, Metropolitan Waste Control Commission (MWCC) representatives and City of Eagan representatives, has been meeting monthly since February 1989. This committee was established under the Seneca Plant Development Agreement to provide a forum for informational exchanges regarding the plant expansion, operations and odor issues. At times, this committee has been less than constructive. In my opinion, there are several factors which create conflict in this committee, including the following. Long history (15± years) of disputes between the residents in the neighborhood of the Seneca Plant and the MWCC. Past problems have tended to permeate present issues. * No tangible powers for the committee. The area residents have frequently expressed frustration with their lack of authority to directly influence plant expansion activities and plant operations. * Complexity of the expansion project and plant operations. The expansion project involves many components, ranging from platting, to grading, to construction, to sludge management, to odor control. The variety of activities taking place, and the inter -relationships of these activities, often makes it difficult to sort out the actual issues of concern to those involved with the committee. * Numerous agencies, including the City, MWCC, Dakota County, MN Department of Natural Resources (DNR), and MN Pollution Control Agency (MPGA), are involved with the Seneca Plant expansion and operations. Various required permits and regulations are individually administered by these different agencies. However, representatives from each of these organizations have not been available to attend the committee meetings. Also, the City does not have a full-time representative with the background to evaluate the technical environmental science issues involved in this project. 1461 Tom Hedges July 25, 1989 Page Two * Regional nature of the project. The Seneca Plant receives and treats wastewater from Eagan, Bloomington, Burnsville, and parts of other adjacent communities. However, the plant itself is physically located within Eagan. This situation has often lead to a feeling of "why should 'we' treat 'their' sewage". At the most recent committee meeting, several issues were raised which Betty Bassett, area resident, has requested for discussion before the City Council. Ms. Bassett submitted her request for placement on the August 1, 1989, City Council agenda to City administration on July 20, 1989. Ms. Bassett has also discussed this request with me. Five main issues were noted in Ms. Bassett's letter. To provide additional background information, following is a description of discussions at committee meetings and between Ms. Bassett and me regarding these issues as noted in this letter. 1) Cut back in plans for the Nichols Road lift and meter stations because of MWCC budget constraints. (first sentence, second paragraph). Apparently, the original plan for improvements to the Nichols Road lift and meter stations called for an expansion of the building along with installation of odor control equipment. At the June 14, 1989, committee meeting, Harold Voth (MWCC staff) indicated that this project was re -designed to eliminate the expansion plans because the odor control equipment will fit within the existing meter station structure. At the July 12, 1989, committee meeting, Ms. Bassett questioned the motive for this change in plans for the improvements to the Nichols Road lift and meter stations. Mr. Voth indicated that because of MWCC budget constraints and rules, the MWCC had to re-evaluate the original improvement plans. Mr. Voth indicated that the alternative plan which will allow installation of the odor control equipment in the existing meter station structure (without expansion) will be as effective as the original plan and will allow the MWCC to meet the completion deadline (specified in the development agreement). Ms. Bassett indicated to me that she feels that, by this change in plans for the Nichols Road lift and meter stations improvements, the MWCC is reneging on the development agreement. �7Y Tom Hedges July 25, 1989 Page Three On review of the development agreement, I noted that Section 3.2(c) refers to improvements to the Nichols Road lift and meter stations. This section reads as follows: "As soon as possible, but no later that October 1, 1989, MWCC shall design, construct or otherwise provide and make fully operational necessary additional odor control equipment for the Nichols Road pump and meter stations." It appears that the development agreement does not specify the method for improvements to the Nichols Road lift and meter stations; rather, the agreement generally requires that improvements related to odor control be made to the lift and meter stations. It may be beneficial to have the City Attorney review this matter for an official interpretation. 2) Stop of the injection of chemicals into the lines at the meter station because of a broken pump. (second sentence, second paragraph). Karla Eggink (MWCC staff) had been operating a chemical test feed program for odor control. This program involves the injection of sodium hypochlorite upstream from the meter station. At the July 14, 1989, committee meeting, Ms. Eggink indicated that she was not currently injecting the chemical because the shaft inside the pump she uses to put the chemicals into the line had broken. Ms. Eggink also noted that she was putting together the substantiation for continuing this chemical test feed program. My understanding (subject to individual interpretation) of the discussion that took place at the committee meeting was that the MWCC intends to continue this chemical test feed program for odor control (provided that it proves effective), and that it was not currently being run simply because of equipment breakdown. I am unsure of the requirements for this specific odor control measure (if any) under the development agreement. 3) Scenic easement - lack of protection for the neighbors. (third paragraph). Minnesota Public Radio (MPR) representatives have approached City staff regarding placement of radio antenna towers within the Seneca Plant Scenic Easement and surrounding property (not within the easement). MPR has a copy of the signed scenic easement agreement, and City staff has indicated to MPR that no excavation, motorized vehicles or cutting/harvesting of trees or other vegetation (i.e. basically no construction of /I�3 Tom Hedges July 25, 1989 Page Four any type) is allowed within the scenic easement without City Council approval. MPR has also been informed that a conditional use permit and variance approval would also be necessary. To date, MPR has not applied for any type of approval for installation of the radio antenna towers. The committee has been informed of the above. However, it is my impression from speaking with Ms. Bassett that the neighbors have the impression that location of the MPR radio towers in the scenic easement is a "done deal". 4) Receiving of wastewater from the Bloomington Megamall. (fourth paragraph). on several occasions, Ms. Bassett has discussed her concern with the Seneca Plant receiving wastewater and sludge (generated by treatment of wastewater) from Bloomington. Section 3.3 of the development agreement deals with sludge management. Specifically, Section 3.3(c) reads as follows: "To the extent of the MWCC's authority under law or regulation, the sludge incineration capacity at the Seneca plant shall not be increased except to accommodate sludge generated from the Seneca plant and provided that only sludge generated at the Seneca plant is being incinerated at the Seneca plant." Apparently, sludge from the Blue Lake plant is currently trucked to the Seneca Plant for incineration. MWCC staff has indicated at committee meetings that one reason for this is that sludge incineration is more efficient when the incinerator is operated at a level closer to capacity. Currently, sludge generated at the Seneca Plant is not at the capacity of the sludge incinerator, so Blue Lake sludge is brought in to make up the difference. As the communities which are served by the Seneca Plant (and for which the Seneca Plant was constructed) grow, the amount of wastewater received by the Seneca Plant increases. As the amount of wastewater received increases, the amount of sludge generated at the Seneca Plant increases. Consequently, less and less sludge from Blue Lake will be brought to the Seneca Plant. Section 3.3(c) of the development agreement indicates that the sludge incineration capacity can only be increased to accommodate sludge generated at the Seneca Plant (i.e. the sludge incineration capacity cannot be increased to accommodate sludge from Blue Lake or other plants). 14/ Tom Hedges July 25, 1989 Page Five However, Ms. Bassett has expressed concern over the increase in sludge generated at the Seneca Plant because of wastewater which will be generated by the Mall of America (Megamall) development in Bloomington. Ms. Bassett has been informed that the Seneca Plant has (since its beginning) and will continue to serve the wastewater treatment needs of not only Eagan, but also Bloomington, Burnsville, and parts of other surrounding communities. 5) Effects of dewatering activities on the area residents' wells. (fifth paragraph). At the July 12, 1989, committee meeting, Ms. Bassett indicated that she and the Istads (area residents) have been having severe problems with their wells ranging from the well motors running continuously for several days to the well not bringing up water. Also, two tests of the water from the area residents' wells have been conducted. The results of the first test indicated that two wells did have some pollution; however, the source of this pollution has not been determined. The results of the second test were not yet available at the July committee meeting. Ron Spong, Dakota County Public Health Department, attended the July committee meeting. He provided some insight into the complexities of well water/groundwater testing and pollution. No conclusive information was provided to indicate the cause of the well problems or the source of the groundwater pollution. It should also be noted that dewatering is an activity common to many construction projects. Ms. Bassett requested that I prepare a verbatim transcript from the July 12, 1989, committee meeting for the discussions which took place regarding issues 1 and 2 above. Ms. Bassett also requested that copies of this transcript be provided to each of the City Council members. I informed Ms. Bassett that I would be unable to provide this transcript; however, I would prepare minutes of this meeting in the usual form (summary) for distribution to the City Council members prior to the August 1, 1989 City Council meeting. In addition, I informed Ms. Bassett that she was welcome to listen to the tape recording of the July committee meeting and take notes for her own use. Ms. Bassett came to City Hall and recorded her own copy of the portions relating to issues 1 and 2 above from the tape made at the July committee meeting. /5-,05" Tom Hedges July 25, 1989 Page Six I am preparing the minutes from the July 12, 1989, committee meeting and intend to have these available for distribution with the City Council packet on Friday, July 28, 1989. The Seneca Plant expansion project involves many complex issues. I would appreciate any ideas which may help,in the administration of this project and the odor control advisory committee. If you have any questions regarding the information provided in this+mem0., or would like additional clarification, please advise. Cc': Dale Runkle Jim Sturm Agenda Information Memo August 1, 1989 City Council Meeting SPECIAL USE PERMIT/RELIANCE REAL ESTATE FOR TEMPORARY ADVERTISING SIGN A. Special Use Permit, Reliance Real Estate, Temporary Advertising Sign Located South of Highway 13 in the General Area of Silver Bell Road --Two (2) separate applications have been submitted by Reliance Real Estate requesting special use permits to allow temporary advertising signs. The City Council may wish to consider -both Items A and B of New Business together for discussion purposes. The sign is a Real Estate For Sale sign located upon the premises. For additional information on this item, refer to a report pre a d by the Community Development Department enclosed on pages through T. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Reliance Real Estate for a temporary advertising sign located at the Northeast h of Section 19. /57 CITY OF EAGAN SUBJECT: SPECIAL USE PERMIT APPLICANT: RELIANCE REAL ESTATE LOCATION: 10-01900-011-02F SECTION 19 LOCATED NORTH AND SOUTH OF HIGHWAY 13 EXISTING ZONING: I1 - LIMITED INDUSTRIAL DATE OF PUBLIC HEARING: AUGUST 1, 1989 DATE OF REPORT: JULY 25, 1969 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY Separate applications have been submitted by Reliance Real Estate requesting two Special Use Permits to allow two temporary advertising signs. The signs are real estate for -sale signs located upon the premises for sale. Special Use Permits are required for signs over seven feet in height. The proposed sign height is 10' for each of the signs. The 8' x 8' (64 square foot) signs meet the 100 square foot maximum allowed by City Code. CONDITIONS 1. The signs shall be subject to a one-time sign permit fee of $2.50 per square foot. 2. Both signs shall meet setback requirements. 3. The temporary advertising, signs shall be permitted for one year from the date of approval. ^� 0 4 v 4Is o y fit) "�•'' \ a•« 4. 9 (et fed �\ .f°' `' [��� 1.1• ', 1pt. „ DEV F ro P e' r w r. 0e 1.,•• • b«dvn � 1t + �{• �• � ,171 •'� ,d I 11 i •e iu 2ND ts I i ° 4 y Q 00 1+ a i a, J If i/ �. , '• .•• ' p.1e09°S+ps 1. Cool/ .O. 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P / 1 y. , , \ P� Alp, rr i � . ., G 7 n' !_ a .•;,• .>e ,�� ,r J� � •r d�OI,.. .v V �� (Iy 051-06 f 020- 10 Agenda Information Memo August 1, 1989 City Council Meeting SPECIAL USE PERMIT/RELIANCE REAL ESTATE FOR TEMPORARY ADVERTISING SIGN B. Special Use Permit for Reliance Real Estate Temporary Advertising sign Located North of Highway 13 --For a copy of the report on this item, refer to the Department of Community Development report that was enclosed as support information for New Business Item A. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Reliance Real Estate, temporary advertising sign located North of Highway 13 and Section 19. /0 Agenda Information Memo August 1, 1989 City Council Meeting CONDITIONAL USE PERMIT/FAIRVIEW DEVELOPMENT COMPANY FOR PYLON SIGN C. Conditional Use Permit for Fairview Development Company to Allow a Pylon Sign in a PD District Located on Lot It Block i of Pondview Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by the Fairview Development Company requesting a conditional use permit for a freeway pylon sign to be located adjacent to I -35E in the Southwest corner of the lot. The APC is recommending approval. For a copyof a report that was prepared by the Department of Community Development, refer to pages ,Zf through For a copy of the APC action on this item, refer to minutes enclosed on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for a freeway pylon sign as requested by Fairview Development Company to be located adjacent to I -35E in the Southwest corner of the lot. SUBJECT: USE PERMIT APPLICANT: ALAN L LINOFF, FAIRVIEW DEVELOPMENT CO. LOCATION: LOT 1/ BLOCK 1p PONDVIEW ADDITION EKISTINa'SONINa: (PD) PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: JULY 25F 1969 DATE OF REPORT: JULY 3# 1959 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT a. APPLICATION SUMMARY: Fairview Development Company is requesting a Conditional Use Permit for a freeway pylon sign to be located adjacent to I -35E in the southwest corner of the lot. The 80 square foot sign (approx.), as proposed, meets the height, size, and setback requirements. 'Phe applicants are requesting the pylon for exposure of the clinic building from the highway. The copy on the sign reads, nEagan Medical Center - Eagan Orthopedic and Sports Medicine Center." If approved, the Conditional Use Permit shall be subject to the following conditions: 1. The sign shall be subject to a one time sign fee of $2.50 per square foot. STREET MAP • 141 Y .�.I40.a •jll 1 11 /.l /. 1II 1`RIII IMQ. I.TfC11i !! I• "' PAYS r •\ li I;/ •111 �, M1 /,II . 1 '1 R-1 ZONING MAP { Nom_ Eagan Medical `- Center .vv ^LVM. sieaH rAce.5 w( r -vireD cr.. ry - aA[XF.i w ( qi," WHrm ACRYLIC, p _� I'LA:-CSG HT LAMPS. O Eagan Orthopedic j� and Sports Medicine Center O T -10' ALUM. rcLE C.0 V r.L-, F/1IHT E'k. LIsNZE 6 SOVAM STEEL TvI:•E .SIS' IJALL Iz; v ELEC. Sepv(-E by cnw.f-s, X144rte. R -EG? APPFOX. LOAD 10.5 PHe_. j n i ELEvATiOH - R/E SIC;H 35c.a � .a' = I -.C' 7 u cmonc F?,IgviEw Scale M � Rehslats IAddms This dremns a the prepe'ry,of WORMQOIST K1 p N P.l.• SIGN I.O INC SweWera7' 312 M lake St eer Cietorna Approd De1e 1 jt FiA4AM S� H. Dile MN 55108 4 Stec MH It -7-M, 6128237291 m {=AII EW Url0t" I L. Mne P-AGAO, MI�� 15CMAKID 14IMMAW AAMC IMT9 (D P�w0 SIGN 40 O T O )1ANT 4OO =F 1 1 1 uRe�NT 1 oAsRT9 1 CAM 1 MEo1C�HH 1 SWOsF 1 .3ouosf 1 Fm STAFF PARK►NG PARK►NCi LV. -MW4NT DP*M9 aboosF putt( woo p 1 1 The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. 14-, 5' Agenda Information Memo August 1, 1989 City Council Meeting CONDITIONAL USE PERMIT/HOOVESTAL TO ALLOW TRUCK AND TRAILER SALES D. Conditional Use Permit for Hoovestal, Inc. to Allow Truck and Trailer Sales in the LI District Located on Lots 3 and 4 of Eagandals Center Industrial Park #2--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by the Hoovestal Company requesting a conditional use permit to allow truck and trailer sales in the LI district located on Lots 3 and 4 of Eagandale Center Industrial Park #2. The APC is recommending approval of trucks only. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages through /7 for your review. .n For a copy of the APC action on this item, refer to minutes enclosed on page(s) /.7/ ACTION TO BE CONSIDERED ON THIS ITEM: conditional use permit to allow the sale and trailers as a secondary use on Lots Industrial Park #2. 164 To approve or deny a and lease of used trucks 3 and 4, Eagandale Center SUBJECT: USE PERMIT APPLICANT: HOOVESTOL� INC. LOCATION: 2950 LONE OAR CIRCLE ALL OF LOTS 3 i 4v EAGANDALE CENTER INDUSTRIAL PARR +2 EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 25� 1989 DATE OF REPORT: JULY 3# 1989 COMPILED BY: DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow the sale and lease of used trucks and trailers as a secondary use to the primary use of contract mail !Haulers. The site is located east of Lone Oak Circle, just north of Lone Oak Road. COMMENTS: The applicant currently leases space from Roadway Inc. and runs a contract hauling trucking firm. Roadway Inc. has previously been granted a Conditional Use Permit to operate a truck and freight terminal at this site. 95% of Hoovestol's business is hauling mail, while the remaining 5% of the business operation is the sales and leasing of trailers and trucks. The Conditional Use Permit is being sought so the applicant can get a dealers license from the State of Minnesota, primarily for leasing trailers. The used trucks and trailers that will be available for sales and leasing come from the applicant's fleet as newer vehicles are acquired by the company. The leasing and sales activity, as proposed, will not include the general public, but instead will be geared to other trucking companies and/or professional truckers. The. applicant has also stated that the average number of sale and lease items on site at one time will be up to seven. The contract hauling operation has been in Eagan since 1978 and at the current site for approximately two years. ' If approved, this permit shall be subject to the following conditions: 1. No more than eight items for sale and lease shall be on-site at time. A qeof41NC= 6 u i nc P[..Ae%%A m 15 0 r r=-- ' NW NE k • I� 4[YIMI �j PO //� B.K. McKEE F F O 1011 7 '1'u,. 9 6 7 6 6 4 3 2 •_ 6 7 0 •• z.,.r 10 r s P 3M COMPANY s r � x' ERVICE BAIL ` U,21< 5ER 6 ECONOMICS Iwk v es o a a ,v.....10 LABORATORY 1 i.r,r rr=;16 7 18 54 7 2 ' ^r '. .1 F 14-215 Ill CORPORATE E 10 THE DONALDSON COMPANY NATIONAL 1 x \\\519 1` -V14 1 mn wC = +a 17 Og w. 20 --21 23 N2 w w 23 24 21 E'Z AIR r.nrlr., R4RK F LEXINGTON STANDARD VILLAUME BOX '& 0 4� LUMBER 9i - '— SHELARD CARSON PIRIEWAREHOUSE — ,nuns OT .t. SCT ROADWAY EXPRESS LIUMARALLUL \\ 13 12 2 1 F F O 1011 7 '1'u,. 9 6 7 6 6 4 3 2 •_ 6 7 0 •• z.,.r 10 r s P 3M COMPANY s r � x' ERVICE BAIL ` U,21< 5ER 6 ECONOMICS Iwk v es o a a ,v.....10 LABORATORY 1 i.r,r rr=;16 7 18 54 7 2 ' ^r '. .1 F 14-215 Ill CORPORATE E 10 THE DONALDSON COMPANY NATIONAL 1 x \\\519 1` -V14 1 mn wC = +a 17 Og w. 20 --21 23 N2 w w 23 24 21 a ° qo '�� Q.7 I 4a . OG4-00 A'. i i • r� c I 4 ` ` law.: x I -oo ''°. L ~ e oe \\_ 0 1 -jr I Ix :,:: t .... llma r� 111111 Niel 11 11 1 1 iQ IP — nI r•.. ;o UTY F I !1111 ; EAGAN FI E � dTAT10N 0. I M•, Or L[�lSE� R1( HOOVES7OLM -� The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. �7/ Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/WEBTPUBLISHING 3RD ADDITION E. Preliminary Plat for West Publishing 3rd Addition/West Publishing Company of 14.5 LI and Acres for Office Building Use Located North of Wescott Road and West of Highvay 149--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider an application submitted by West Publishing Company for a preliminary plat containing approximately 25.,4 acres of LI zoning district located North of their existing facility along Wescott Road and Highway 149. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Community Development Department referenced as pages 1�3 through . aFor a co y of the APC action on this item, refer to page(s) ACTION TO BE CONSIDERED preliminary plat of 14.5 building use as submitted of Wescott Road and West 4 ON THIS ITEM: To approve or deny a light industrial Dy West Publishing f Highway 149. icy acres for an office Company located North SUBJECT: PRELIMINARY PLAT (WEST ADDITION) APPLICANT: WEST LOCATION: SE 1/4 OF SECTION 13 EXISTING ZONING: LI (LIGHT, INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 250 1989 DATE OF REPORT: JULY 19p 1989 COMPILED BY: COMMUNITY 3RD APPLICATION SUMMARY: An application has been submitted by West Publishing Inc. requesting a Preliminary Plat containing approximately 14.5 acres in an LI (Light Industrial) zoning district located immediately north of the existing facility along lRescott Road and Highway 149. BACKGROUND: The initial 400,000 square foot West Publishing Development began in 1977 and has increased to more than 1,000,000 square feet. With the original application, an EAW (Environmental Assessment Worksheet) was processed. No amendments are necessary as a result of this application. In 1987, West Publishing purchased all of the Gopher Smelting property southeast of Yankee Doodle Road and Elrene Road, except for the 20 -acre concrete recycling area approved by the City in July 1989. West Publishing is currently in the process of developing an overall master plan for the future development of this area and it is anticipated that this plan/platting process will be reviewed by the Advisory Commissions and City Council in late 1989 or early 1990. Staff has been, and will continue to work with the applicant on these plans as they develop. This plat incorporates Light Industrial zoned property within the Gopher Eagan Planned Development. Agricultural zoned land owned by West Publishing immediately south of the building site will be used as a parking area only. City staff and West Publishing have agreed to rezone and plat this area Light Industrial with the overall development plans since the newly acquired area may also need additional Planned Development Amendments (Rezonings). The Planned Development primarily consists of Light Industrial zoning, with smaller areas of (RB) Roadside Business., R-4 (Multiple), R-2 (Double), and PF (Public Facilities) districts. This may also include a transfer of City parkland in exchange for land that would provide a direct access from Wescott Station Park to Elrene Road. EXISTING CONDITIONS: Currently, there is a house on the Agricultural zoned property immediately to the south that will be surrounded by the parking area for both buildings. The home is occupied by a West Publishing security person and will stay in its present location for the time being, however it may be relocated on/off site with future development. The area consists primarily of open grassland and becomes wooded along the west property line. Only City parkland and property owned by West Publishing are within 350' of the subject site. BITE PLAN: The proposed two-story 145,000 sq. ft. Professional Center will contain a "back up" type computer system to the one in downtown St. Paul. The goal West Publishing Company has is to always have one system operational, even in the time of an emergency. Both will carry an approximate 50% load of the total computer needs of the company. Access will be provided from the existing parking lot, with 180 parking stalls along the northeast corner of the building. Only 60-70 employees will be located in the building initially. The building itself will be constructed of a combination of brick and glass, similar in scale to the office building addition on the north side of the main building that was completed in 1988. The landscape plan was nicely prepared and demonstrates a good mixture of overstory, understory, and coniferous material. 1!Y GRADING/DRAINAGE/EROSION CONTROL: The proposed site is hilly and will require cuts of up to 14' to meet design grades. Staff anticipates no problems with the grading. No erosion and sediment control plan was s-ubmitted for staff review and comments. Erosion control measures will be required in accordance with the City's erosion control manual. Storm water drainage is proposed to be directed to Pond JP -18 which does not have an outlet. Development around the pond has continued over the past 5 years with no indication that an outlet is required due to flooding conditions. Staff continues to recommend that an outlet not be constructed at this time and monitoring of the pond be continued to verify that flooding conditions are not developing. Further development in the area will necessitate the pond outlet construction. UTILITIES: Water main for the site is proposed to be connected to the existing internal private lines within the existing West Publishing site and to the water main on the easterly side of TH 149 installed in 1971 under City Project No. 5874. The water lines are proposed to be private. Any water line which loops the City system is considered a public line and requires the appropriate easement. Two alternatives are proposed for sanitary sewer. Alternate A would involve construction of a gravity line east across TH 149 to an existing sanitary sewer that was constructed in 1977 under City Project No. 196. This alternate would involve construction of both private and public lines since the const -ruction would be across private property that is not a part of this plat. The second alternate would involve construction of a private lift station within the plat. The lift station would outlet into existing private sanitary sewer lines within the plat. STREETS/ACCESS/CIRCULATION: Access to this plat will be from existing West Publishing private streets and parking lots which have access from TH 149. EASEMENTS/PERMITS/RIGHTS-OF-WAY: Standard 10' drainage and utility easements will be required around the plat. In addition, an easement to the HWL of Pond JP -18 will be required. If. alternative A for providing sanitary sewer service is selected, an easement will be required over private land to the east of TH- 149. Permits from Minnesota Department of Health and Pollution Control Agency will be required for water main and sanitary sewer construction. Permits from Minnesota Department of Transportation will be required for any utility crossing of TH- 149. � 7 tD OBLIGATION: Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. IMPROVEMENT PROJ RATE QUANTITY AMOUNT Storm Sewer Trunk Future $.083/SF 631620 SF $52424 Lateral Benefit Water Trunk 58 22.70/FF 1150 FF 26105 TOTAL $ 64455 WEST PUBLISHING 3RD ADDITION 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4,, Cl, C2, C4, C5, D1, El, and G1. 2.. All trash shall be either contained within the building or enclosed in an attached structure constructed of the 'same material. 3. All rooftop mechanical equipment shall be suitably screened. M A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 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 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. 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. I�� STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 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 release until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall. fulfill 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: PLATAPPR.CON ITS #1 6/12/89 J71 (.oc&PoN i!ON/NG : u o /ti� n tl.Sl ewILL�SW� I SE AIC` I reNDL PIxO Lol J �/VS RILL V [xloc[' I N q9 O 0 \L�IM-N1 SE I NUTOii JM C s4 �'CS[OTT TP_ aOep P SOS* � o , -rNl NW i \ NE LELeq-- ., STSC[T : u o /ti� n tl.Sl ewILL�SW� I SE AIC` I reNDL PIxO Lol J �/VS RILL V [xloc[' I N q9 O 0 NVId 3JA _ NOLLWOdtlW BOdGZ — VNIN47Bnd 153M . '� $1 17, H MPI r m A Z. ,'-; / / `/ ` •'� f` Ili px.m 1: IXMT tl.WEET IYEIIEIWIG COYNEI• I1 -'{ r% I c$p Y._ 1 1•. 11.L mE.m • i : r- .J ii � 1 _ _�.' .�• 1.1 \I \ \t I .. -.. , - ........ ..... ----------- __ 1 \ _ .• .. _ _ _ • _ f ............ )rl - \.�,'1 \I; ! ,''\_ `.����-'O?x.. _;4_C -i:., IIS"• �• s.r ... a _• __ _ •1: 7 l •__=� •.— �%''• a, '' ' � = �•.�' } ��i'°''til; '�' -. ...� .. • f E �. •'.. ,.-. . 1,, 'jlarl� .�.�r. .a �r .r rr7 lci r - _ WEST PUBUSNING _ faYw 1p. J L ® OPUS CORPORATION k� LOCATION PRELIMINARY RAT OP I- WEsT PUBLISHING COMPANY 3RD ADDITION /NIGH / P► /TE / sfA / vIL/ M• j60 / apt 1 „ yrs ✓ 7 0 G K `� NTh dN14•.. ?.iS• i _.. �i . 0 a 0 Q •...v 1 IfHN ; I;I ill I I fill •j' 0 0 z IYESCO-P;i- - -- -. . ROIO v f vim � 1.}:y STORM SEWER TRUNK 631,620 S.F. R LATERAL BENEFIT WATER TRUNK 530 FF / R j• �I 4F ♦ C',`' V I !,v t I, O II \ 1\ ^J JI WD ADDITION r+• YL'Ui:iTFFI. ihi% :Y I �'r : [_ (: fa.CilTllp7 i_ _ I1t F_r P. n F..l r •r !,i •I ..Ii I Itll, I lw 0 lk PLAY OF. WEST p1OLISHING� 3RD ADDITION LATERAL BENEFIT WATER TRUNK 1,150 FF / 8 4-V 1 II ` ".f o D w;rc,TRE' _- 2K;L' G i 0 a The Advisory Planning Commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. Agenda Information Memo August 1, 1989 City Council Meeting PRELIMINARY PLAT/PEACEFUL EEIGHTS 2ND ADDITION R. Preliminary Plat for Peaceful Heights tad Addition/Peace Reformed Church Consisting of 12.68 PF Acres for a Church Expansion --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on July 25, 1989 to consider a preliminary plat application submitted by Peace Reformed Church that consists of 12.68 PF acres and is proposed for a church expansion. The APC is recommending approval. For a copy of Community Development and Engineering report, refer to pages 4 0L. through��. For a copy of the APC action on this item, refer to a copy of those minutes enclosed on page(s) -2,07— ,ACTION 0Z ,ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 'preliminary plat consisting of 12.68 public facility acres for a church located along Gloria Drive, West of Nichols Road entitled Peace Heights 2nd Addition as requested by Peace Reformed Church. SUBJECT: (REPLAT)- PEACEFUL HEIGHTS 2ND ADDITION APPLICANT: PEACE REFORMED CHURCH LOCATION: 2180 GLORY DRIVE PEACEFUL HEIGHTS ADDITION EXISTING ZONING: PF (PUBLIC FACILITIES) DATE OF PUBLIC HEARING: JULY 25, 1989 DATE OF REPORT: JULY 18, 1989 COMPILED BY: PLANNING i ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Replat for Peaceful Heights Addition to combine Outlot A and Lot 1, Block 1, creating Peaceful Heights 2nd Addition. XXISTING CONDITIONS: The 12.68 -acre site is located south of the proposed Kennealy Addition, west of Nicols Road, north of Cedar Ridge 1st and 2nd Additions and' abuts Cedar Avenue (T,.H. #77) on the west. Access to this development is gained from Glory Drive, off Nicols Road. The church is located south of Glory Drive with approximately 150-160 parking spaces. Outlot A is located on the north side of Glory Drive and is primarily an open grassy field. BACKGROUND: Peace Reformed Church was completed in 1985 and has approximately 820 members (including children) with an average Sunday congregation of 600. The church is currently applying for a building permit to construct a 21,000 square foot addition to be used for classrooms and a gymnasium. The sanctuary will remain the same size. COMMENTS: Plans to increase the number of parking spaces necessitate the need to plat Outlot A. The project is being phased; Phase II of the development is the 21,000 square foot addition to the building and 95 parking spaces. The two-level building addition will have a full-sized gymnasium on the lower level surrounded by classrooms and a nursery. The top level has an open area and classrooms around the perimeter. The.21,000- square-foot addition will match the existing structures ---brown face brick, gabled roof, and shingles. The architects, plan to submit the building permit application the week of July 24, 1989 and would like to schedule work for the first week in August. Phase III is the addition of 68 parking spaces currently in Outlot A. To do this, Outlot A requires platting. 4:CJ1'451.'{�.'r:r .9 Qi WF�}:•. GRADING/DRAINAGE/EROSION CONTROL: The proposed grading for the development conforms to City standards and does not adversely modify storm water drainage patterns. The proposed storm water management of the development consists of lateral storm sewer discharging into a pond created for storage of the site generated storm water runoff. The design concept represents good storm water management practices and benefits the overall drainage of the area. Based upon a hydraulic analysis of the drainage system, it is recommended that the discharge from the.pond be controlled by a 6" orifice. This would result in a high water level of approximately 887.0 (0.8' higher than proposed), however, this has no apparent adverse impact on the proposed development. No erosion and sediment control plan was submitted for staff review and comment. No negative water quality impacts are expected since all downstream water bodies have preliminary water body classifications as storm water basins or sediment basins. UTILITIES: No sanitary sewer or water main is proposed as a part of the development. A review of the hydrant coverage indicates that a portion of the proposed development would not be covered by ithe hydrant presently at the end of Glory Drive. This issue must be reviewed by the Fire Marshall, and additional hydrant installation may be required. STREETS/ACCESS/CIRCULATION: Improved public street access is presently available from Glory Drive. Traffic circulation through the proposed parking area appears to be adequate for the intended use. EASEMENTS/RIGHTS-OF-WAY/PERMITS: In addition to the 10' wide drainage and utility easements required along all property lines and adjacent to public right-of-way, a ponding easement will be required for the proposed ponding area. An easement on the proposed ponding area guarantees that the development will not fill in the proposed pond which in turn would overburden the downstream City storm sewer system. Sufficient right-of-way for Glory Drive has been dedicated. I/ FINANCIAL OBLIGATIONS Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule. IMPROVEMENT PROJ RATE QUANTITY AMOUNT Lateral Benefit Water Trunk .64 $13.75/FF 134.99 FF $ 1856 Lateral Benefit Storm Sewer 198/ 24.75/FF 284.99 FF 7053 227/186 Trail 4,60A 8.10/FF 520..99 FF 4220 TOTAL $13129 l ( y PEACEFUL BEIGHT8 2ND ADDITION 1. 2. These standard condi-tions Council action on September A1, B1, B2, B4, Cl, C2, C4, of plat approval as adopted by 15, 1987 shall be complied with: C5, D1, El, F1, and G1. All conifers must be 6' tall and additional landscaping along the highway and also along the south property line must be provided. 3. All trash shall be contained within the building or the enclosure shall be attached to the building and constructed of the same materials as the building. 4. 5. 6. The proposed ponding area is limited to a 1.4 cfs outlet. The development is required to provide a ponding easement for a high. water level of 887.0. The development will be required to provide additional hydrant coverage as required by the Fire Marshall. / /3 A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Basements and Rights -of -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 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. 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. STANDARD CONDITIONS OF PLAT APPROVAL. PAGE TWO 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 release .until one year after the date of installation. 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 .n the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. Ge 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: PLATAPPR.CON LTS #1 6/12/89 / �6 Peaceful Heights Second Addition 1989 STREET MAP 1987 ZONING MAP 1988 LAND USE GUIDE PLAN MAP / 70 PRELIMINARY PLAT OF PEACEFUL HEIGHTS SECOND ,i yam. Y.aaro•-n ' Y\\ _iGLDRY t gRIVE• N ' 'w\Oo' fYFif l t 1. .. J ADDITION C ,• I IJ I l 4\IT.r1 w11111 wlrw. n. wlb ww: pI •� 1 � a 1 ` r..l�lr �r.\.rwrr r wnlnb Iw n.l. •o It r.ul.n la Ymlr rw n r Y•\w .1 �I..Yb \,\Ilanlw I� ... ntn �IYI .Ew.lw rO6 Y� IY ww llb w 1. M w In V. n.w N rnY a. ra.wr. qr� n I. . Proposed Kennealp Addition .I ; c S' Future I a Parking Phase GUIRY DRIVE Phase II - i M� O I ,_ Rtum Padciry x F Cedar Ridge second Addn. e Cedar Ridge First Addn. Lai." i! ,W.M 33N3U .$ I� S3 " IICIL1X lGtlLq� IIOIfOtl7 I wiloov 1 MJ Nw1 anions 30" bvb _. ^^ _ I ^ r —_•:r 4w dw 'rr 1 N"m1 comas ELMMII Ift"W" ."McJ." . ,P:lw �) I PRELIMINARY PLAT OF 1PEACEFUL HEIGHTS SECOND ADDITION 11mmou TRAIL 520.99 FF LATERAL BENEFIT STORM SEWER TRUNK 284.99 FF LATERAL BENEFIT WATER TRUNK 134.99 FF ------------------------------- LANE 'tib �,-LGLDRY qRIVE vol At A ---------- --------- L RE 112 -,md,0 b, I" I— L—a 1W !nr RwhdenWer The Advisory Planning Commission minutes for this item were not received in time to be Printed with the packet. The minutes will be included with Additional Information distributed on Monday. Z0 -7- Agenda Information Memo August 1, 1989 City Council Meeting a. Ordinance Amendment, City of Sagan, to the Subdivision Ordinance to Allow for Trail Dedication Requirements --As a part of the City Administrator's direction to revise the special assessment policy, the method of assessment for park and trail improvements was reviewed during the months of May and June, and an ordinance was prepared for consideration by the Advisory Planning Commission and is submitted to the City Council for consideration. The Advisory Planning Commission held a public hearing at their July 25 meeting to consider the Ordinance Amendment due to the requirement to change certain regulations within the Subdivision Chapter of the City Code. The APC is recommending approval of the Ordinance Amendment. For additional information on the proposed amendment and a copy of 'an ordin c as prepared by the City Attorney's office, refer to pages through Ij--P For a copy of the APC action on this 'item, refer to a copy of those minutes enclosed on page(q) y leo ACTION TO HE CONSIDERED ON THIS ITEM: To approve or deny the amendment to the City Code, Chapter 13 for adoption of the Park and Trail Dedication policy. 7,03 1MENDMENT TO CITY CODE CHAPTER 13 PARK AND TRAIL DEDICATION POLICY July 25, 1989 Section 13.20, Subdivision 8 of the City Code, establishes subdivision regulations for park and trail dedication. Policies outlining the amount of dedication and/or cash contribution required have been determined by Council resolution. Currently, there is one adopted policy document governing both parkland and trail dedication. This policy requires park dedication by all developments at specified rates. (See Attachment 2 for current rates). Trail dedication, however, is provided only by developments abutting or incorporating trails identified in the City's adopted Park System Plan. Since a coordinated trail system is a city-wide benefit, the current policy places a disproportionate burden on those developments abutting such identified trails. To provide a more equitable dedication system and to ensure completion of the trail as planned, an amendment to chapter 13 of the City Code and revisions to the Park and Trail Dedication Policy are being proposed. PROPOSAL The proposal consists of three components: an ordinance amendment to Chapter 13, a Park Dedication Policy,, and a Trail Dedication Policy. The ordinance amendment (see Attachment 1) establishes a separate land dedication and/or cash contribution process for trails in addition to that required for parkland dedication. The proposed Park Dedication Policy (see Attachment 2) sets rates and standards for dedication of parkland in accordance with Section 13.20, Subdivision 8A.2. of the City Code. It revises the current adopted policy to eliminate sections concerning park trails (which will be addressed in the Trail Dedication Policy described below) and to establish two additional required improvements. No changes in required rates are being proposed. The Trail Dedication Policy (see Attachment 3) is a new policy proposed to establish separate rates and requirements for trail land dedication. The purpose of this policy is to distribute the cost of remaining trail construction equitably and consistently to all future development benefitted by such trails and to ensure an adequate mechanism to pay for remaining trail construction. The proposed rates for trail dedication are $100 per residential unit and $859 per acre for commercial/ industrial development. These rates were determined by comparing the amount of potential future development with costs for remaining trail construction. The Parks and Recreation Department estimates that approximately 62 miles of trails identified in the Trails Systems Plan have yet to be constructed. Construction costs are estimated at approximately 3.5 million dollars, based on a cost of $10.75 per lineal foot of 20 construction. Remaining future de been estimated at approxii commercial/industrial property and residential development. Dividing tl by the amount of future development lopment within the City has Lely 2,000 acres of )proximately 18,000 units of estimated construction costs ielded the proposed rates. Under these policies, total fees for park and trail dedication would become $625 for single family residential ($100 - trail, $525 - park) and $3,037 per acre for commercial/industrial ($859/acre - trail, $2,,178/acre - park..) while this represents an increase for some developments, the fees for others, previously responsible for trails abutting or within their developments,, may decrease or increase only slightly. The combined park and trail dedication rates are consistent with the range of fees required in surrounding jurisdictions and will ensure adequate revenue to complete the trail system. It should be noted that the Council may adjust the required rates in the future should construction costs increase. The proposed amendment to Chapter 13 of the City Code requires a public hearing process before the Advisory Planning Commission and the City Council, with action being taken by the Council upon recommendation of the Planning Commission. The Park Dedication Policy and the Trail Dedication Policy can be adopted by resolution of the City Council. This process provides more flexibility for periodic revisions which may be needed to accommodate possible fluctuations in construction costs and development potential. Although.the Planning Commission will be making a recommendation only on the Code amendment, the policy documents to be adopted by Council resolution have also been included for informational purposes. 1. Proposed Ordinance Amendments 2. Proposed Park Dedication Policy 3. Proposed Trail Dedication Policy 4. Trail Plan Map Dpp(fp� i ORDINANCE N0. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13, ENTITLED ''SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.20 REGARDING PUBLIC USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE, CHAPTER 1. The City Council of the City of Eagan does ordain: Section 1. Section 13.20 is hereby amended by adding Subdivision 8.A.8 to read as follows: Section 13.201 Subd. 8.A.8 Park Trail Dedication. As a prerequisite to plat approval and/or a waiver of plat approval, the applicant shall dedicate land required to complete the City's Trail Plan and/or shall make a cash contribution to the City's Park Trail Fund, at the City's option. Land dedication shall be in an amount as determined by the Council as reasonably necessary to complete the City's Trail Plan in accordance with the City's Trail Dedication Policy. The cash contribution shall be based on a rate schedule established by resolution of the Council, from time to time. For residential property, the cash contribution shall be made at the time of approval of the final plat or approval of the waiver of plat in the amount as determined by the rate schedule in effect at the time of the approval. with respect to commercial, industrial, or public facility property, the cash contribution shall be made at the time of the issuance by the City of a building permit in the amount as determined by the rate schedule in effect at the time of the. issuance of the permit. Section 2. Eagan City Code Chapter I'entitled 'General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" is hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 20l ATTACHMENT 1 MMIN �I CITY OF EAGAN PARR DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OFrLAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARR OR RECREATION PURPOSES OR WITH RESPECT TO WHICH CASHIS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION OF THE CITY CODE. 1. PURPOSE. The City Council recognizes it is essential to the health, safety and welfare of the residents of Eagan and persons working in Eagan, that the character and quality of the environment be considered to be of major importance in the planning and r development of the City. In this regard, the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial/ industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today; but also be insightful to the needs of our future citizens. It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, ,playground and public open space. To disregard this principle is to inevitably over -tax existing facilities and thus, diminish the quality of the environment for all. The City's Park Systems Plan Study has established minimum community criteria for meeting the needs of the residents of Eagan. In order to meet the community needs for parks and open space, 15 acres of park shall be required for each 1,000, residents, of which 12 acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. it is the policy of Eagan that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land 7- 0 7 ATTACHMENT 2 within the City shall be directly related to the density and intensity of each subdivision and development. The amount of land to be dedicated by a developer shall be based on the gross area of the propose subdivision, proposed type of dwelling unit and density. Census .data for 1985 of 3.5 residents for single family, 2.8 for duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Eagan residents. The formula for land dedication: The greater of 1) proposed units per acre of 2) zoned density. DWELLING UNITS LAND TO BE DEDICATED 0 - 1.9 units per acre 88 1.9 - 3.5 units per acre 108 3.5 - 5.9 units per acre 128 6 - 10 units per acre 148 10 + units per acre Add .58 for each unit over 10 3. STANDARDS ono ACCEPTING PURPOSES DEDICATION OF LAND FOR PUBLIC PARR A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Park Systems Plan, and Comprehensive Guide Plan. and Trails Plan. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages,' liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and/or payment of fees -in -lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus soil is strictly forbidden without the written approval of the Director of Parks & Recreation. To i -2- E. Grading and utility plans, which may affect or impact the proposed park dedication,' shall be, reviewed and approved by the Parks and Recreation Director prior to dedication, or at such time as is reasonably determined. F. To be.eligible for park dedication credit, land dedicated is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 128 or are unsuitable for parks development shall be considered for partial dedication. Where ponding has been determined to have a park function, credit will be given at a rate of 508 of the pond and adjoining land area below the high water level; a minimum of 708 of land above the high water mark shall be dedicated before pond credit is granted. Other City park dedication policies relating to pond dedication must also be complied with. In those cases where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball courts, ball fields, etc., within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation, such amenities significantly reduce the demand s for public recreational facilities to serve the development, the Director may recommend to the Advisory Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 258 of the amount calculated under paragraph 2 above. G. The City, upon ,review, may determine that the developer shall create and maintain some form of on-site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. If, at the option of the City, it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Advisory Parks and Recreation Commission, shall annually determine by resolution the park cash dedication fee per residential unit. Said, fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre, which shall provide the equivalency of twelve acres per thousand population. Said cash dedication, effective January 1, 1989.shall be: CASH EQ. PER HOUSING AVERAGE UNITS PER RESIDENTIAL TYPE MARKET VALUE 100 POP, UNIT Single family $11,000 per acre 28 $525.00 Duplex 13,000 per acre 35 488.00 To,Jnhouse/ quad. 1.5,0-00 per acre 47 414,.00 Apts/ multiple 17,000 per acre 52 427.00 Cash dedication shall be determined/computed at the rate in effect at the time of final plat. Subdividers and developers of commercial/industrial land, including commercial/. industrial portions of Planned Developments, shall be required at the time the site plan is approved and building' permits are issued to dedicate to the City for park, playground, and public open space purposes, an amount of land up to 7.58 of the net land area within the development as determined by the City. In those cases where the City does not require park or open space within such developments, the City shall require payment of fees in ,lieu of such land 'dedication in an amount equal to $.05 per square foot of net land area, or such amount as determined by the City Council. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval., as determined by the City. The fee dedication requirement for all commercial/industrial plats which have received site plan approval prior to January 1, 1983, but have not been issued building permit approval, the City shall be in an amount equal to $0.2 per sq. ft. of net land which shall be contributed at the time of building permit approval. A credit of up to 258 of the -required dedication may be allowed by the City Council for on-site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The, City Council, upon review and recommendation of the Advisory Parks and Recreation Commission, may annually review and determine by resolution an adjustment to the industrial/commercial fee based upon the City's estimate of the average value.of undeveloped commercial/industrial land in the City. Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contract or site plan approval responsibilities. Landscape screening, shall be in accordance with 'City Policy. i=S�=3i�=�4C=.:G=am— B.-BzEstablish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. C. -Fr. -Provide sufficient public road access of no less than 300 ft. for neighborhood parks, and additional frontage for community parks. The State of Minnesota has recognized the importance of providing for parks and open -space in M.S.A. 462.358, subdivision 2 (b) which clearly gives the right to Cities in it's subdivisions regulations to require reasonable portions for -5- public use. The City of Eagan has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting the public needs. CITY OF SAGAN TRAIL DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR TRAIL PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. 1. Pnrnose. The City Council recognizes that in the best interest of the health, safety and welfare of the residents of Eagan, that a standard be adopted to complete the Park Trail System as set forth in the Eagan Comprehensive Guide Plan. The Eagan trail system is designed to provide links between the various points of interest and public facilities which exist and are planned within the community. To more adequately assure the timeliness and priority of the completion of segments of the trail system, the Council has resolved that as a prerequisite to plat approval, subdividers shall dedicate land for trails and/or shall make cash contribution to the City's park trail fund as provided by this section. a. Land to be dedicated shall be reasonably suited for its intended use and shall be at a location identified upon the City of Eagan's Trail Plan. b. The Park and Recreation Advisory Committee shall recommend to the City Council the trail land dedication and/or cash contribution requirements for proposed subdivisions. C. Changes in density of plats shall be reviewed by the Parks and Recreation Advisory Committee for reconsideration of trail land dedication and cash contribution requirements. d. When a proposed trail has been indicated in the City's official map or Comprehensive Plan, and it is located in whole or in part within the proposed plat, it shall be designated as such on the plat and shall be dedicated to the City of Eagan. If the subdivider elects not to dedicate an area in excess of the land required hereinunder for such a proposed trail, the City may consider acquiring the trail land through purchase or condemnation. z!3 ATTACHMENT 3 e. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City zoning ordinance. a. In lieu of trail land dedication as set forth on the City's Trail Plan, the City may require the following cash donations: Residential Dwelling Units $ per dwelling unit Commercial/Industrial/Public $ per Facility acre b. The City may elect to receive a combination of cash and land for trail use. The fair market value of the land the City requires for its trail system shall be subtracted from the cash contribution requirement set forth in paragraph 3(a). The remainder shall be a cash contribution requirement. C. The fair market value shall be determined as of the time of preliminary plat approval in accordance with the following: 1. The City and' the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the MAI or equivalent real estate appraisal societies. 3. If the City disputes such appraisal, the City may, at the subdivider's expense, obtain a second appraisal of the property by an appraiser who is a member of the MAI or equivalent real estate appraisal societies. The second appraisal shall be conclusive evidence of the fair market value of the land. d. Planned Developments with mixed land uses shall make cash and/or trail land contributions in accordance with this section based upon the percentage of land devoted to the various uses. e. Cash for trail contributions are to be calculated at the time of final plat approval. With respect to a cash dedication for residential units, payment shall be required prior to the City releasing the final plat for recording 2t2 purposes. With respect to commercial/industrial/public facility property, payment for the cash dedication shall be made at the time of the application for the building permit. f. Cash contributions for the trail dedication shall be deposited in the City's Park and Recreation Trail Development Fund and shall only be used for trail planning, acquisition or development. The Advisory Planning commission minutes for this item were not received in time to be printed with the packet. The minutes will be included with Additional Information distributed on Monday. %lo Agenda Information Memo August 1, 1989, City Council Meeting REQUEST FOR COST PARTICIPATION/FAIRWAY HILLS. H. Request For Cost Participation, Fairway._gills let E 2nd Additions - Frontage Road --Enclosed on pages i/X through 22�3 is a letter submitted by the developers of the Fairway Hills 1st and 2nd Additions requesting Council consideration of City and/or County financial participation in the reimbursement of the existing retaining wall, easement acquisitions and utility relocations necessary to construct the Pilot Knob Road frontage road from Camelback Drive to Interlachen Drive along the east side of Pilot Knob Road within the Fairway Hills 1st and 2nd Additions. The City and County staff have held extensive meetings with Mr. Hermann regarding this issue. It is the opinion of the City and County that it is the developer's responsibility to construct the frontage road in accordance with previously approved development agreements and current engineering standards. While the right -of - ,way for this frontage road was technically platted with the Fairway Hills 1st Addition, its construction was specifically deleted until the second phase development to ensure that its location, elevation, setback and other design criteria was compatible with the pending Pilot Knob Road improvement. It appears that the current location and elevations of the rough grading for this frontage road are not compatible with the final Pilot Knob Road design. The City staff contends that with the developer's option to design and construct this roadway privately, they assume the responsibility to ensure that the design is compatible with the adjacent Pilot Knob Road improvement and that they assume their financial obligations for 100% of the cost in accordance with the development agreement for the Fairway Hills lst and 2nd Additions. Enclosed on pages through is a letter from the Public Works Director to the developer forwarning them of the need to coordinate designa construction scheduling. Enclosed on pages ZZa through 2- is City and County staffs' response to the specific items addr ssed in the development's request. Due to the extensive volume of the referenced attachments to the developer's submittal, it will be presented and made available at the Council meeting on August 1, 1989. If any individual would like a copy of any specific attachment or all of them prior to the meeting, please contact the Director of Public Works. The developer is appealing the staff's position to the City Council requesting that the City and/or County financially participate in the construction of this frontage road. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the developer's request for City/County financial participation for the Fairway Hills frontage road along Pilot Knob Road between Camelback Drive and Interlachen Boulevard. C2/7 I' BRZDLEWILDE JOINT VENTURE/DMS INVESTMENTS 7 /7, Mike Foertsch Assistant City Engineer City of Eagan Dear Mike: In compliance with your request of last week and with the understanding that there will be no more delays in either the resolution.of the Service Drive and/,or scheduling of DMS/Bridlewilde Joint Venture on the agenda for the next City Council Meeting, I hereby present the facts and ou3f request to the Engineering Staff and City Council of Eagan: Occurrence Date Letter from Larry Figgins to the City indicating 3-25-86 items to be addressed for County approval. These 1.4 changes were made in the DMS/Probe Engineering design for Phase I and II of,Fairway Hills. Letter from Larry Figgins/County granting access 4-3-86 to Pilot Knob Road and temporary access until completion of Pilot Knob Project at Camelback Drive and Pilot Knob. Also indicated basic approval by the County of the proposed DMS plat at that date. Permit granted to DMS for construction by County, 6-26-86 authorization number 3177 for first 11000 feet in Southerly direction on East side of Pilot Knob Road. This includes the area of the retaining wall and Camelback Drive Service Road intersection in question. Letter from Enron requiring that the Service Road 8-29-86 be set at specific height along Pilot Knob Road, as well as other previous communications•. County sends out plan showing DMS Road and showing Trailways that City requires, but shows no concern for grade change between Camelback/Service Drive intersection and/or Service Drive all the way to then proposed Interlachen Drive. But most importantly no _need for retaining walls is mentioned on either side of Pilot knob Road. 2�� Plans for Phase I approved for DMS by Mike 4-87 Foertsch,. DMS instructed to plat Phase I and outlot three lots only. Service DRive in question was platted at that time. City then requested that DMS not construct the service drive until Enron lowered the,pipe- line in conjunction with Pilot KNob Project. DMS did as requested. However, DMS was instructed by the city staff to install questioned manhole5at Camelback Drive intersection point according to approved grade at service drive intersection. Fairway Hills plat approved and filed 6-2-87 Construction Started Spring 87 Construction completed. Catch basin at 8-87 intersection of Camelback Drive and Service Drive installed.per plan previously approved and accepted by City Staff and County permit N 3177 granting easement rights and letter dated 4-3-86 from Larry Figgins basically approving the plan. It should be noted at this time that the City Engineering staff, as well as the City consulting engineers, Bonestroo and Rosene had inspected and approved the installation in accordance with the plan. Letter from County saying Pilot Knob now 12-22=87 designed. It was obvious from the plan that their design did not meet up well with what DMS previously submitted to them platted and constructed. Quite obviously an error in their design existed_ No mention of a retaining wall and/or guard rail or elevations existed. In the same letter they asked for easements and excess fill which we promptly indicated we would give free of charge in Phase II development. Letter from Eagan staff to Don Patton, then 1-8-88 Project Coordinator for DMS in Phase I of Fairway Hills. The letter states that significant changes are evident between our constructed manholes and intersection of Camelback Drive and Service Drive. In the same letter the staff agrees to reduce the Service Drive width from Thirty Four feet to Thirty feet and asks us to redesign the plan because of the City need for Trailways. Bridlewilde agreed to redesign the plan and ask for approval. County Engineer basically approving plat for 2-23-88 second phase after redesign. Grading permit requested of the City for Phase 3-17-88 II in accordance with the asked for redesign including the questioned area. Gas line letter setting minimum clearances 4-26-88 as they exist today in the Service Road area along lots between Phase I and II. Letter from Roger Derrick to the City 4-26-88 recapping past occurrences. Permit from the County on second phase for 4-29-88 redesigned plan. In the permit the County makes special notation that no grading is to take place in their right of way without their contractor's approval. City signs off and approves Phase II grading 5-4-88 plan and Phase I service road outlot. Grading completed to approved plans. Prior to final plat approval staff requests 6-17-88 inclusion of possible retaining wall to be constructed at Camelback Drive/Service Road intersection. No where in the development agreement or on the plans does it indicate who is to construct the possibly needed retaining wall. I•t is obvious by this time that the County has, in their plan, had to consider elevation changes and a retaining wall on the West side of Pilot Knob as well as along Cliff Road East of Pilot Knob. Yet no inclusions on the County grading plan discuss retaining wall needs at the questioned intersection that was approved, platted and constructed by DMS the year before. Letter from Mike Foertsch giving permission 6-28-88 to proceed with Phase 1 -II under his sign off, saying that we have all the needed City and County approvals of the plan. Phase II is constructed today according to this approved plan. County begins construction of Pilot Knob and 7-15-88 Cliff Road Project. County contractor grades Service Road from Came16ack Drive/Service Road intersection to approved and completed grade of Interlachen Drive. During construction of course, the County had to take into consid- eration the approved intersection and the man- hole in question. Upon completion of Cliff Road/Pilot Knob Project the County subcontractor installed retaining walls,, guard rails and _ adjusted road elevations as needed in all areas necessary except in Fairway Hills in the area of the Service Road and Camelback intersection. Letter from Don Patton to the County discussing 9-28-88 the grade changes made by the County which are even more different than originally thought or expected in the redesigned plan and called for by the plan in the questioned area. Bridlewilde Joint Venture provides and pays 10-88 for a cross section of Pilot Knob Road and Camelback Drive/Service Road area to show how possible walls could be constructed. Because of County/City Pilot Knob Road changes, Walls could not physically be constructed at that late date. We also felt that it was not our responsibility and decided to give it over the winter in the hope the matter would be settled by spring. DMS/Bridlewilde Joint Venture Started no other action because we wanted to find out the full result of construction and the intentions of the City and/or County. We certainly didn't want to have a dispute if men of common sense would realize and correct their mistakes. Craig Knutson of the City of Eagan okays and 5-89 approves construction of a retaining wall by DMS Investments "as per approved cross sections", but verbally indicates that nothing should happen unless done in accordance with County instructions and standards. Probe Engineering requested and got County on site to direct and inspect retaining wall construction. At this time the County changed the entire wall construction from previously verbally approved and agreed upon cross sections submitted in 1988 by Probe and Bridlewilde Joint Venture. Said changes were constructed and verbally approved by the County. El 0 Alexander Construction attempts to install 6-89 curb and gutter in Service Drive and Camel - back Drive intersection. At this time Alexander Construction requests City inspection. Project was halted by the City staff because of unsafe conditions. To digress for a moment„ in May of 1989 the City staff instructed us to follow County direction. They gave instructions and we followed them. They then stopped the project stating that what the County had directed for the installed retaining wall left an unsafe intersection. They have since requested that DMS/Bridlewilde redesign again, acquire necessary easements from Lot 14, 'Block 5 which we do not own, move the 1987 installed utilities, install safety guard rail and continue their previously stated position that this should all be at our expense. •M1 Mike, it should be understood that the County physically graded and removed oux temporary entrance at Camelback Drive by removingone hundred plus feet of blacktop and made a cut of more than twelve feet from the previously approved elevations that have still not been addressed in County plans. the retaining wall, guard rail, road and manhole moving and needed lot easement have all come about because, quite obviously, the County either forgot about previously platted, approved and constructed areas, errored in calculations or had other ulterior motives. Bridlewilde had a set a County plans picked up in June of 1989 and retaining walls elsewhere and pathways had all of a sudden appeared except in the area of the approved and constructed Camelback Service Drive,. It is our request of the City Council of Eagan to include in the Cliff Road and Pilot Knob Road project overall assessment all costs of Bridlewilde, DMS, City of Eagan and the County to insure a safe and proper design for this area. Obviously, Mike, we tried our best to satisfy alot of different parties. At some points we felt that we stood on our heads, but we feel that the problem that exists is not our fault and that we should not have to pay for it in any way, shape or form. Again, I reiterate that we were there first, approved, platted and constructed. It has always been my understanding that when a County project takes place existing structures and approved plats must be taken into consideration and costs incurred are normally seen as part of the project. Mike, to this point everything has gone very well and we at Bridlewilde have felt very comfortable developing in the City of Eagan. We do not want this to develop into a bigger problem than it already is. We hope that you will agree and provide the help needed to have all the costs included in the Pilot Knob Project, as should have been done from the beginning. Sincerely. Rogerrrick Amt, DMS Investments , Partner Bridlewilde Joint Venture 'ice-. Trustee, Al Herrmann Construction Benefit Pension Fund Trust Partner, Brildewilde Joint Venture Inc. cc: Probe Engineering Tom Hedges ';Zq?,3 OF ea 31130 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-BICO January 8, 1988 MR DON PATTON DERRICK COMPANIES' 11095 VIKING DRIVE EDEN PRAIRIE MN 55344 RECEIVED JAN 1 i Igo Re: Fairway Bills 1st Addition Completion of Subdivision Improvements (Detention Pond & Frontage Road) Contract 86-W ,Dear Mr. Patton: As you recall, the requirement for the construction of the detention ponding area in the northwest corner and the construction of the Camel Back Drive frontage road along the east side of Pilot Knob Road had to be constructed in a time sequence compatible with the proposed upgrading of County Road 32 (Cliff Road) and County Road 31 (Pilot Knob Road) by the County. The following is additional information and details that the City would like to clarify at this time to provide adequate timing to ensure this work is properly coordinated with this county road improvement. DETENTION POND BASIN (NORTHWEST CORNER) During the initial preliminary plat and final grading plan reviews, it was, determined that a detention ponding area was required in the southeast quadrant of the intersection of Cliff and Pilot Knob Roads to detain excess runoff generated from your development. During the early phases of the grading permit and subsequent final plat, the completion of this detention ponding area could not be accomplished due to the existance of a single family house at this corner. This house was to be acquired by the county as a part of the county road improvements. Subsequently, an interim ponding plan was designed to accommodate excess runoff from this subdivision until such time that ,the permanent detention ponding basin could be constructed. As of last month, the county has completed its acquisition and removal process of this residential structure which now provides for the completion of this required detention basin. THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MR DON PATTON JANUARY 8, 1988 PAGE 2 Presently, the county is completing detailed plans for the reconstruction of these county roads adjacent to your development: A revised grading plan for this required detention basin based on the final county design is enclosed for your information. You will note that the construction of this ponding area requires the extension of your existing storm sewer outfall and adjustment of an existing sanitary sewer manhole. In order to minimize any potential adverse impact to the future construction activity of the county improvement, it will be necessary to have the proposed drainage basin, storm sewer extension and related berming completed by the end of April, 1988. The enclosed grading plan for this detention ponding basin also shows an additional 30' drainage easement in the northeast corner of Lot 15, Block 2, at the southern end of this drainage basin to incorporate the high water elevation of 972.•0. The appropriate easement document to be executed is also enclosed with this letter. Because a portion of' this drainage basin construction is located within existing county road right-of-way, I encourage you to contact Mr. Larry Figgins of the Dakota County Highway Department (431-1150) to determine what permits, if any, are necessary to initiate and complete this detention drainage basin construction. Also, the temporary ponding area construction should be removed and property restored to its proposed final contours with the a propriate erosion control measures and restoration implemented. CAMEL BACK DRIVE FRONTAGE ROAD CONSTRUCTION Because of the significant change in the elevation of Pilot Knob Road associate wi a county improvement, a temporary access for Camel Back.Drive was allowed. However, upon completion of the Pilot Knob Road improvement, this access will have to be eliminated requiring the completion of the frontage road portion of Camel Back Drive southerly to, and incorporating, the Dolores Lane intersection with Pilot Knob Road. It will be necessary for you to contact the County Highway Department to obtain the county road improvement design information to ensure that your frontage road design (elevation, street grades, setback, radii, etc.,) is compatible with the final county design and construction. In preparing your final designs for this frontage road for formal City review and approval, please be informed that the width of this street can be reduced from the original 34' (BB) to 30-' (BB) to provide greater separation between the frontage road and Pilot Knob Road. -2-Z� MR DON PATTEN JANUARY 8, 1988 PAGE'3 Because of the fast approaching contract award for the county road improvements, it is necessary for you to begin, in earnest, compatible scheduling of your responsible improvements to minimize any conflicts with the county road construction. Therefore, I would appreciate a written response indicating a proposed time frame that the City and county can anticipate the above -referenced work to be initiated and completed by. Please work directly with Mike Foertsch, Assistant City Engineer, in the submission of all street and utility plans associated with these improvements to be performed by your development. Your anticipated cooperation and prompt response will be greatly appreciated. Sincerely -64 Thomas A. Colbert, P.E. Director of Public Works TAC/ jj Enclosure CC: Mike Foertsch;, Assistant City Engineer Larry Figgins, County Design Engineer NRSZSB .�?�7c MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: JULY 28, 1989 SUBJECT: FAIRWAY HILLS IST ADDITION REQUEST FOR CITY/COUNTY COST PARTICIPATION FRONTAGE ROAD CONSTRUCTION Staff has received a request from Bridlewilde Joint Venture/DMS Investments for Council consideration for including the cost for the design and construction of the frontage road in the Fairway Hills development which lies east of Pilot Knob Road between Camelback Drive and Interlachen Drive. It appears that the most appropriate way to respond to Mr. Hermann's letter is to reference each date shown in his letter and provide a staff response to each identified occurrence. DATE CITY STAFF RESPONSE 3-25-86 The letter from the County acknowledges a temporary access to Pilot Knob Road until such a time that the Pilot Knob Road upgrade is completed. 4-3-86 Letter from the County simply granting the temporary access road onto Pilot Knob Road. 6-26-8.6 Permit from County allowing grading in the County right-of-way. 8-29-86 As stated by Mr. Hermann'. There was no need for concern by the County for the proposed grades on the frontage road since the Fairway Hills development's willingness to match the proposed Pilot Knob Road reconstructed grades. 3-27-87 This is the date noted on the Pilot Knob Road construction plans. It should be noted that the construction plans for Pi -lot Knob Road included the following note "proposed Fairway Hills by others". 4-87 The issue is not the elevation as much as it is the location which appears to be not fitting Pilot Knob Road. To date, the development has not submitted specific details of the frontage road construction to verify elevation or location of the utility structures constructed under the Fairway Hills,Ist Addition. zy7 Page 2 4-27-87 Permit To Proceed with construction for Fairway Hills 1st Addition. 8-87 Construction of utilities in Fairway Hills 1st Addition complete. 12-22-87 Letter from Jerry Kingrey requesting slope easements and right -of -entry for' Cliff Road. The correspondence makes no reference to the Pilot Knob Road frontage road. 1-8-88 The City staff letter makes no reference to constructed manholes at the intersection of Camelback Drive and the frontage road. The correspondence states that due to the elevation difference between Pilot, Knob Road and the frontage road, the development is advised to obtain pertinent data from the County for the development's design of the frontage road and subsequent construction. The frontage road width was reduced from 34' to 301. 2-23-88 Noted correspondence is the recommendation of the Dakota County Plat Commission to the Dakota County Board of Commissioners for approval of the Fairway Hills 2nd Addition plat. The correspondence makes no reference to any redesign of the frontage road. 2-24-88 This is the date of correspondence to the Development requesting response to City staff letter of 1-8-88. 3-17-88 'Request for grading permit by the developer for the Fairway Hills 2nd Addition. 3-22-88 This is the date of a letter from the Developer to City staff acknowledging the temporary access at Camelback Drive will be closed when the frontage road is constructed. He also states that his engineer has been working with the County and has coordinated the grades of the frontage road to interface with the final grade for Pilot Knob Road. 4-12-88 Letter from City staff again requesting frontage road design information from the Development for staff review and comment. 4-26-88 Letter from the Developer of Fairway Hills 1st Addition addressing the frontage road construction. 4-29-88 Permit from the County to work within the County right-of-way for Fairway Hills 2nd Addition. 7 Zq Page 3 �?,aq Date of the grading permit issued by City staff for 5-4-88 the Fairway Hills 2nd Addition. 6-17-88 The retaining wall along the west side of Pilot Knob been a part of Road south of Cliff Road has always design and construction of the County's plan. The has always been the responsibility the frontage road of the Development and not a part of the Pilot Knob Road improvement. 6-28-88 Authorization to proceed with Fairway Hills 2nd the Development for Addition. The plan submitted by shows a retaining the frontage road construction wall to be constructed if needed. The design, construction, and project coordination 7-15-88 of the road tofeconstruction the City responsibility the Development and not and the County. 9-28-88 Pilot Knob Road has been constructed to the profile shown on the plans and cross section as originally dated 3-27-87. 10-88 Again, the original design for Pilot Knob Road had not been changed with profile and cross section regard to alignment, profile, and cross section. I fail to see where the Development's lack of a City liability pursuing the matter becomes problem. 5-89 There appears to be some misunderstanding on the First of all, the part of the Development. Development did submit cross sections and a proposed retaining wall design for review by the City and the by the County. The proposed design as submitted acceptable to the County. The Development was not City's review of the proposed cross sections and retaining wall construction was to the extent that of the it appears to be adequate to meet the needs be verified by the County. I fail City but has to to where the City has or can be held to 'a verbal see approval of a set of cross sections and a retaining that the wall design when it is clearly said design and retaining wall approval of the is subject to approval by the County. construction Mr. Hermann also states that the cross section and had originally proposed be retaining wall which he constructed was not adequate to serve the needs of the County. Therefore, the City staff response becomes null and void. �?,aq Page 4 6-89 The Development was attempting to install the frontage road in the location as depicted on the proposed construction plans. There appears to be an error in the Development's construction plans because the location and elevation of the frontage road could not be constructed in the location as depicted on the plans. Again, the profile, grade, and location of Pilot Knob Road has not changed from the original plans dated 3-27-87. The County has reviewed the letter submitted by Mr. Hermann. The County's position on the matter is that the developer was ,informed' of the requirements to build the frontage road before any of their construction started. It has been stated from the beginning that the developer's improvements must conform with the approved construction plan for Pilot Knob Road and Cliff Road. The frontage road construction from the beginning has always been the responsibility of the developer. In summary, there appears to have been a number of correspondence items between the development and the City and/or the County which identify the necessity for the development to contact the County to ensure that the frontage road design is compatible with the Pilot Knob Road design. To date, City staff has not received details of'the frontage road construction that would substantiate the Development's claim for compensation. The construction plans from the Developer simply do not provide the level of detail necessary to justify the claim. There simply must be an error in the construction plans submitted by the Development. When the Development attempted to construct the frontage road as shown on his plans, it simply did not fit where the construction plan shows that it should. The Development has always been responsible for the frontage road con ruction and this responsibility has not been shifted to the Cnd the Coun)y by any action or lack thereof of the City. MPF/jj DAKOTA COUNTY July 26., 1989 HIGHWAY DEPARTMENT 7300 WEST 147th STREET, SUITE Mr. Mike Foertsch City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: C 31-21 Fairway Hills Service Road Dear Mike: DAVID L. EVERDS, P.E. COUNTY ENGINEER (612) 431-1150 APPLE VALLEY. MINNESOTA 55124 1 am sending comments by Dave Robley on Al Herrmann's letter to you. The County's position is that the developer was informed of the requirements to build the service road before any of their construction started, that the developer's improvements must conform with the approved construction plan for C 31-21 along Pilot Knob Road and Cliff Road, and that the service road is the responsibility of the developer to construct and at his cost. Dakota County did not approve any plans for Fairway Hills' utilities or service road. The County did approve the plat with a temporary connection for Camelback Drive. The County permitted the Fairway Hills developers to perform work on public right of way that would conform with the .proposed construction of C 31-21. Tom Colbert stated in his January 8, 1988 letter to Don Patton that "it will be necessary for Derrick Companies to contact the County to insure that the frontage road design is compatible with the final County design." On March 22, 1988, Derrick Companies stated that "Probe Engineering coordinated the grades of the service road to interface with the final grade for Pilot Knob Road." Construction plans from Probe Engineering dated 1/27/88 for the Pilot Knob Frontage Road, contain a note stating "a retaining wall will be constructed if necessary." The Pilot Knob Road grades shown on the 1/27/88 plan by Probe Engineering conforms with the approved plan for C 31-21. Eagan approved Probe's plan 6/17/88, which is after the letting date for C 31-21. Based on this information, the developer should perform the construction necessary to conform with C 31-21 construction which is already in place. AN EQUAL OPPORTUNITY EMPLOYER I.f you have any questions, feel free to contact Dave Robley or me. We plan to have someone at the August 1st Council meeting. Let me know the time when this will be discussed,. ncerely, R ...�. David R. Zec , P.E. Administrative Design Engineer DRZ/mjl Encls. cc: Gary Erickson a3 z Comments on Bridlewilde letter to Mike Foertsch 3/25/86 Letter from Bernie Larson to the City regarding the plat of Fairway Hills. This letter specifies that Camelback Drive will have a temporary connection to CSAH 31 until CSAH 31 is rebuilt. At that time, the temporary connection will be closed and must follow the service road southerly. No indication of who is to construct service road (reads as though developer will construct). This letter also specifies that Lot 18, Block 5 will be set aside for the Northern Natural Gas Substation and will be transferred to the County. The County and City ultimately paid for this lot. 7"Am Letter from Don Patton to Northern Natural Gas. Item 2 mentions discussing purchase price of outlot for substation. A condition of final plat approval was the transference of this lot to the TCounty. pQ Letter from Tom Colbert to Don Patton regarding completion of the detention pond and frontage road. This letter clearly states that in order to minimize adverse impacts to the County's construction, the detention pond must be completed by April, 1988. A copy of the County/City designed detention pond was included for his information. This letter also informs the developer of the need to complete the frontage road along CSAH 31. The developer was instructed to contact the County to insure that their frontage road desipn conforms with the final County design. The City allowed a 30 street instead of 34' to make it easier to design and construct. 2/23/88 Letter from Gary Stevenson to city regarding Fairway Hills 2nd Addition plat. Plat will be recommended for approval with the recommendation that the City should verify the status of temporary easements for the CSAH 31 construction. 2/24/88 Letter from Tom Colbert to Roger Derrick requesting response to Tnm'c letter of 1/8/88 to Don Patton. 3/8/88 Letter from Tom Colbert to Don Patton regarding detention pond. It was mutually agreed that the County would construct the pond in exchange for all easements from any lot in Fairway Hills Addition. 3/22/88 Roger Derrick's response to Tom Colbert's letters. Mr. Derrick states that all conditions are met and there is nothing more to do but stay involved., 4/12/88 Letter from Tom Colbert to Roger Derrick. Tom reiterates that the developer needs to extend storm sewer pipe northwest to drainage basin, adjust a sanitary manhole and the frontage road construction will be concurrent with CSAH 31 construction, not phase II of Fairway Hills. 4/26/88 Letter from Roger Derrick to Tom Colbert in response to Tom's letter of 4/12`88.. Mr. Derrick indicates everything is complete and requests Tom to detail any issues that should be addressed. 6/17/88 `Mr. Herman indicates the County must have considered elevation changes because of the retaining walls along the west side of CSAH 31 and the south side of CSAH 32, and no retaining wall for frontage road. The retaining walls on CSAH 31 & 32 were installed to minimize the construction limits, no changes in grade were made. The frontage road design was left up to the developer. 9/28/88 Letter from Don Patton to Dave Zech. Mr. been alarming grade changes and addition feels that since the design of retaining they should be included with the highway Foertsch will indicate later in a letter, frontage road is the responsibility of meet the final design of CSAH 31. '6/23/89 Patton says there have of retaining walls. He walls was only recent, -construction. As Mike the construction of the the developer and will Letter from Al Herman to Mike Foertsch. Al indicates they cannot take responsiblity for damages from rain in their development or in the County R/W because they have tried to install the final frontage road'. 7/6/89 Letter from Mike Foertsch to Al Herman in response to Al's 6/16/89 and 6/23/89 letters. Mike indicates the development is responsible for constructing a frontage road as part of Phase I and if it requires a retaining wall, then there appears to be no alternative. The development agreement specifically states that erosion and sediment control is a responsibility of the development. a3� Agenda Information Memo August 1, 1989 City 'Council Meeting 1. Consider the Issuance of Multi -Family Housing Revenue Refunding Bonds for the Forest Ridge Apartment Project --The City approved multi -family housing revenue bonds for the Forest Ridge Apartment project when it was approved and constructed during the summer of 1985. Specifically, the inducement resolution for the multi -family housing revenue bonds was approved at the August 20, 1985 meeting,. The owner of the project, Forest Ridge Partnership, has an opportunity to refinance the project and reduce the interest by approximately two (2) basis points. The Director of Community Development and City Attorney have been meeting with Holmes and Graven regarding the re -issuance of the bonds for the project. The City Administrator and Director of ?Finance will review all agreements prior to any final ratification. For a copy of the resolution entitled "Authorizing the Issuance of Multi -Family Housing Revenue Refunding Bonds", refer to pages Z3(� through -L34. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution as stated. Z31!!5 CITY OF EAGAN, MINNESOTA RESOLUTION NO. AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, (PHA INSURED MORTGAGE LOAN - FOREST RIDGE APARTMENT PROJECT) SERIES 1989 BE IT RESOLVED by the City Council (the "Council"),of the City of -Eagan, Minnesota (the "City's as follows I. The Council has received a requests from Forest Ridge Partnership, a Minnesota general partnership (the "Company'l that the City undertake to refinance a multifamily rental, housing development as herein described pursuant to Minnesota Statutes, Chapter 462A and 462C (the "Act), through issuanceby the City of its Multifamily Housing Revenue Refunding Bonds (FHA Insured Mortgage Loan - Forest Ridge Apartment Project) Series 1989 in an laggregate principal amount not exceeding E (the "Bonds" ), in accordance with a Bond ,Purchase Agreement (the "Purchase Agreement") between the City, the Company and Piper, Jaffray & Hopwood Incorporated (the "Bond Purchaser"). 2. The City originally financed the Project herein described through the Issuance of Its ;10,905,700 Mortgage Revenue Bonds (FHA Insured Mortgage - Forest Ridge Apartments Project), Series 1985 (the "Prior Bonds"). 3. The Company hes acquired certain real estate and constructed thereon a 252 -unit multifamily rental housing development and related Improvements and equipment (hereinafter referred to as the "Project"). The Project furthers the policies and purposes of the Act and the findings made In the resolution adopted by the Council on August 20, 1985, which findings with respect to the Project are hereby ratified, affirmed and approved. 4. It is proposed that, pursuant to a Financing Agreement dated' August 1, 1989, between the City and the Company (the "Financing Agreement"), the City will loan the proceeds of the Bonds to the Company in order to redeem in advance of maturity the Prior Bonds at a redemption price equal to their par amount plus accrued interest to the date of redemption on or before September 15; 1989 (the. "Redemption Date"). The basic payments to be made by the Company under the PHA -insured mortgage loan provided for in the Financing Agreement are fixed so as to produce revenue sufficient (together with revenues derived from the Investment of funds and accounts relating to the Bonds) to, pay the principal of, premium, If any, and Interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Financing Agreement to First Trust National Association, In St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated August 1, 1989 (the "Indenture"). 5. Prior to the date of issuance of the Prior Bonds, the City approved and submitted to the Minnesota Housing Finance Agency ("MHPA") a "financing program" for the Project as required by Minnesota Statutes, Chapter 462C, and a3(-� .MHPA approved the financing program, and no new or amended financing program need be submitted to MHFA in connection with the issuance of the Bonds.. 6. Forms of the following documents have been submitted. to this Council for. approval: (a) the Financing Agreement; (b) the Indenture; (c) an Amended and Restated Regulatory Agreement, datedas of August 1, 1999 (the "Regulatory Agreement"), between the City and the Company; and (d) the Purchase Agreement. 7. it Is.hereby found, determined and declared that: (a) the Project described In the, Financing Agreement end Indenture referred to above constitutes a multifamily rental.. housing development authorized by the Act; (b) the purpose of the Project is and the effect has been to promote the public welfare by providing additional decent, safe and sanitary rental housing opportunities for low and moderate income persons within the City; (c) the Project Is located within the City limits; (d) the refinancing of the Project, the issuance and sale of the . Bonds, the execution and delivery by the City of the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the indenture and of all other acts and things required under the constitution and. laws of the State of Minnesota to make the Financing Agreement, the Purchase Agreement, the Regulatory ,Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are.authorized by the Act. (e) it is desirable that the Prior Bonds be redeemed and that the Bonds be issued by the_Clty upon the terms set forth in the Indenture;. (f) the basic payments under the FHA insured mortgage loan provided for In the Financing Agreement are fixed to produce revenue sufficient (together with earnings derived from the investment of funds and accounts held pursuant to the Indenture and together with cash deposited by the Company and held by the Trustee) to provide for the prompt payment of principal' of, premium, If any, and interest on the Bonds issued under the Indenture when due,and the Financing Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project,, Including, but without limitation, adequate 2 237 JUL 25 '89 1601 HOLMES & GRAVEN r. Y..l Insurance thereon and insurance against all liability for Injury to persons or property arising from the operation thereof, and all taxes and special assessments levied opon or with respect to the Project premises and payable. during the term of the Financing Agreement and Indenture; (g), under. the provisions of the Act, and as provided in the Financing Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City Is not subject to any liability thereon; no holder of any. Bonds shall ever have the right to compel any exercise by the 'City of its taxing powers to pay any of the Bonds or the Interest or premium thereon, or to enforce payment thereof against any property of the City except the Interests of the City in the;Financing Agreement and FHAAnsured mortgage loan which has been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Financing Agreement and FHA -insured mortgage loan which has been assigned to the Trustee under the Indenture; the Bonds shall 'recite that the Bonds are Issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including Interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall, not constitute a debt of the City within the meaning of any constitutional or statutory limitation. S. Subject to the approval of the City Attorney and the provisions of paragraph 11 hereof, the forms of the Financing Agreement, the Purchase Agreement, the Regulatory Agreement and the Indenture and exhibits thereto are substantially In the form submitted. The Financing Agreement, Purchase Agreement, Regulatory Agreement and Indenture, in substantially the form submitted, are directed to beexecuted in the name and on behalf of the City by the Mayor and City Clerk. Copies of all of the documents necessary to the transaction 'herein described shall be delivered, filed and recorded as provided herein and in said Financing, Agreement, Purchase Agreement, Regulatory Agreement and Indenture. 9. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and at interest rates to be determined following marketing of the Bonds, but in Any event not exceeding a net effective rate of % per annum. The offer of the Bond Purchaser to purchase the Bonds at the price set forth in the Purchase Agreement, including accrued interest to the date of delivery at the interest rate or rates to be specified in the Indenture is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed In the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings, and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall 738 HOLMES constitute representations of the City as to the truth of all statements contained therein. 11. The approval ,hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto by the City Attorney and the5,City officials authorized herein to execute said documents prior to their execution-, said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any Instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the officers specifically named herein, any of the documents authorized by this resolution to be executed may be executed by a person authorized to act in their absence. 12. This Resolution shall be in full force and effect, from and after its passage. Passed: August 1, 1989. Mayor Attest: City Clerk (SEAL) STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that 1 have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City of Eagan duly called and held on the date therein Indicated, insofar as.such minutes relate to the authorization of the issuance of the $ Multifamily Housing Revenue Refunding Bonds (FHA Insured Mortgage Loan - Coventry Court Apartments project), Series 1989. WITNESS my hand and the seal of said City of Eagan this day of August, 1989. (SEAL) 4 z3 City Clerk City of Eagan, Minnesota MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 28, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MWCC UPDATE Enclosed on pages AV through �1/is an update prepared by the MWCC for the plant expansion project. This information relates to the issues Betty Bassett intends to raise during her discussion as an Old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. ARTICLE/GOVERNING MAGAZINE A magazine entitled Governing the States and Localities is a publication of Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts �-f�J from our interya The article is N copied and enclosed on pages through for your review. July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report required by Section 3.2(d) of the City-MWCC Development Agreement. The Plant Expansion project is proceeding on schedule. The Site Preparation contract is projected for completion during August, 1989. The general Plant Expansion contract has been awarded. Construction is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving input from the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building. An engi- neering design contract has been awarded to HDR/OSM, and preliminary design will begin this month. The project is proceeding on schedule. Chemical treatment has been, and will continue to be, used at the Seneca Plant for odor control. Chlorine is being added to the influent wastewater at the Seneca Plant headworks area. Potassium permanganate is being added to the sludge feed to the belt filter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page Two July 24, 1989 Modifications to the carbon scrubber unit at Meter 500 have been made to eliminate short-circuiting of gas. Performance has been excellent since these modifications were made. A chemical scrubber is being installed at Meter 500 to operate in series with the carbon unit. This should further improve odor removal efficiency. These improve- ments will be operational by October 1, 1989. We were notified on Monday, July 24, 1989, that one of the residences in the Wuthering Heights area south of the project site was no longer able to get water from their well. We are currently working to verify that the loss of water is a result of dewatering activities at the Seneca Plant project site. If the loss of water is a result of construction activities at the plant, a service connection to city water will be provided. In the interim, arrangements have been made for bottled drinking water delivery to the residence. A project bulletin has been developed to update interested parties on the status of the plant expansion, odor task force, well testing and other activities at the Seneca Plant. This bulletin will be mailed in early August to local residents, the City of Eagan and other interested individuals and groups. The purpose of the bulletin is to improve communication with area residents and the City of Eagan. If you have any questions, please contact me. Sincerely, T° ' Gordon 0. Voss Chief Administrator GOV:BP:hw CC: W. Haapala, Director of Operations E. DeLaForest, Director of Engineering/Construction D. Madore, Director of Quality Control J. Corcoran, Assistant Director Regional Facilities L. Bartscher, Assistant Director Regional Maintenance J. Wawra, Plant Manager, Seneca W. Moeller, Interceptor Manager J. Matross, Associate General Counsel P. Ferguson, Director of Public 6 Community Relations z�v MWCC PROJECT BULLETIN A Publication From The. Metropolitan Waste Control Commission Seneca Wastewater Treatment Plant Expansion — Summer 1989 229-2100 Expansion includes $4.5 million for odor control Shte preparation is well underway at the Seneca Wastewater Treatment Plant in Eagan as workers by the groundwork for a three-year expansion and upgrade project now estimated to cost $68 million. The expansion and a concurrent solids handling project include $4.5 million in odor control improvements. Doug Warner, project manager for the Metropolitan Waste Control Commis- sion, expects site preparation to be com- plete in August and construction to begin in August or September. All sys- tems are expected to be operating by the fall of 1992. Approximately 700,000 cubic yards of dirt will be moved this summer — enough to bury a football field 500 feet deep — to make room for additional treatment tanks and other improvements. When work is complete, the plant's treatment capacity will increase from 24 to 34 million gallons per day. The expansion and upgrade is necessary to meet growing demands for develop- ment in Eagan, Burnsville and Bloomington, and to comply with ever more strict water and air quality stand- ards. Approximately 700,000 cubic yards of dirt will be moved this summer. "The expansion and upgrade include a number of odor control measures," Warner said. "We'll now be covering and containing odor in the headworks area where the wastewater enters the plant, covering the primary clarifiers, and then collecting and treating the odorous ventilation air from all these areas." The new odor control system includes a wet scrubber followed by two carbon ab- sorption units housed in a separate build- ing that is part of the expansion. Two other significant aspects of the ex- pansion include adding a dechlorina- Odor committee shares concerns Su months after it began, a unique committee comprised of staff mem- bers from the Metropolitan Waste Con- trol Commission, the City of Eagan and Eagan residents is well underway in a combined effort to improve communica- tion and resolve concerns surrounding the Seneca Wastewater Treatment Plant. The Seneca Odor Control Advisory Committee — aptly named after one of the group's goals — resulted from an agreement between the MWCC and the City of Eagan to allow local input on matters of public concern. Continued on reverse eA43 tion unit and "super saturating" the treated wastewater with oxygen. The de- chlorination unit will neutralize residual chlorine added to the wastewater to kill bacteria. "Super saturating" the treated wastewater with oxygen will reduce the treated wastewater's impact on the river, reducing its demand for oxygen from the untreated river water. More odor control measures are planned as part of the concurrent solids handling improvement project. This project also includes the installation of afterburners and wet scrubbers to treat incinerator exhaust. The incinerator improvements were among the recommendations of a con- sultant hired by the MWCC to study oda control. The consultant, Malcolm Pimie, Inc., said the afterburners would further reduce emission odor and that wet scrubbers would further reduce ex - hast particles. As a long range goal, the MWCC is planning to reduce Seneca sludge incineration by more than 50 per- cent by developing marker for land ap- plication of sludge. Advisory committee shares concerns Continued from front Group members estab- lished four principle goals during initial meetings last winter and spring: • to provide for infor- mation exchange and open discussion; • to provide a forum for preview, review and updates of con- struction progress and status; • to review odor com- plaints; and Committee members Include Fagan residents and representatives of the MWCC and City of Eagan. • to resolve potential conflicts and dif- ficulties by more effective com- munication. Bob Polta, MWCC air quality manager and the agency's designated contact on the committee, said, "We've had some wide-ranging discussions, but the com- mittee has certainly provided a forum for residents to raise their concerns and allowed us to actively respond." Other members of the committee in- clude two residents from Eagan's Wuthering Heights neighborhood, one Eagan resident at -large and one repre- sentative from the City of Eagan. Two committee positions that were of- fered to the Silver Bell/Cedarvale busi- ness community have not yet been filled. The MWCC has also been represented by additional support staff from en- gineering, construction, oda control, community relations and from the plant itself. Several officials from the City of Eagan have also attended at times. Karla Eggink, MWCC staff engineer and oda control specialist, pointed out that the MWCC is investing $4.5 mil- lion on odor control equipment in the current expansion and improvement project. "People are comfortable bringing their concerns forward We may not always have a quick answer, but we're com- mitted to finding answers and reporting them back at a later meeting; she said. Call the Odor Response Line The Odor Response Line drew one dozen calls in its fust three months of existence. Community Rela- tions Officer Pauline Langsdorf en- courages residents to use the service. "All the complaints are reviewed; she said. "We need to know where and when the odor is noticed to deter- mine the source. We chart the calls on a cumulative map and study them to see whether adjustments are necessary in the system. We want people to know we're taking steps to improve To report odors, call the MWCC Odor Response Lihe 34 Im.. 'd.n. ••..• 290-6757 the, situation." The Odor Response Line accepts calls 24 hours per day, seven days per week, she pointed out. Well test results due back soon Results are due in late July from a second set of well tests initialed by the Metropolitan Waste Control Com- mission to determine the quality of water in residential wells bordering the Seneca Wastewater Treatment Plant. Residents had requested that their wells be tested before construction began to establish a baseline for monitoring the effects of the plant expansion. The second test was also requested by area residents after a small but detec- table amount of organic material was found in some wells during initial test- ing Iasi spring. "The second test is being conducted to verify the initial results," said Rebecca Flood, MWCC regulatory compliance manager. "It's a goodwill gesture, really, in the ongoing effort to be a responsible neigh- bor. When the second test results are in more information will be available to the Dakota County Environmental Health staff to determine the source of the organics," Flood said. Water samples were drawn June 28 from nine wells near the treatment plant. A second laboratory, PACE Laboratories, is conducting and analyz- ing the tests using the same method ap- plied in the first sample. At the residents' request, results from the lest will be mailed directly from PACE Laboratories to interested' homeowners, the City of Eagan and the Dakota County Department of Health as well as to the MWCC. In a related matter, Flood said the MWCC has installed two sets of obser- vation wells near the Minnesota River to monitor the effect of the plant expan- sion on the groundwater level at Nicols Meadow Fen. The wells are set at depths of 20 feet and 70 feet Data will be studied to as- sure preservation of the fen, a protected wetland. MEMO TO: HONORABLE MAYOR E CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR'HEDGES DATE: JULY 31, 1989 SUBJECT: ADDITIONAL INFORMATION FOR AUGUST 1, 1989,, CITY COUNCIL MEETING PUBLIC HEARINGS' D. Project 572, Lexington Way - Street and Trunk Water Main -- Please include attached page 55A as part of the staff discussion on Project 572. OLD BUSINESS C. Request by Betty Bassett to Further Discuss Seneca Waste Water Treatment Plant--Kristi Marnen, Planner I, prepared minutes from 'the July 12, 1989, Seneca Odor Control Advisory Committee Meeting, and for a copy of those minutes refer to the attachment without page number. For more ease of readership, Kristi has cross- referenced the minutes by identifying a certain issue and number with the same issue and number identified in her report on pages 152 through 155. NEW BUSINESS G. Ordinance Amendment for Trail Dedication Requirements --The ordinance amendment to be considered by the City Council has been thoroughly reviewed by City staff and heard by the Advisory Planning Commission and is in order for review and consideration. This item has not been reviewed by the Developers Task Force and if there is an interest by the City Council to refer the issue to that advisory body, it will be necessary to continue the ordinance .amendment to a September City Council meeting. INFORMATIVE As a .part of the Informative memo, an article from Governing Magazines was to be included. Pages 243 and 244 were erroneously included as the article page numbers; however, both pages were to be included with the MWCC Update item in the first paragraph. We apologize for any inconvenience this may have caused. Enclosed and referenced as pages 245 through 251 is the article from Governing, Magazine. /s/ Thomas L. Hedges PUBLIC HEARINGS D. Project 572, Lexington Way - street & Trunk Water Main --In the consideration of the proposed street improvement for Lexington Avenue, there have been several questions raised as to whether Lexington Way should be upgraded as proposed with a connection to Lexington Avenue or whether it should end in a cul-de-sac on the north end. This issue was first raised at the Council meeting on December 16, 1986, during discussion of the final plat approval for the Lexington Hills Addition apartment complex located on the east side of Lexington Avenue. Due to the apartment's proposed access on to Lexington Avenue, there was a requirement with support from staff and the City Council to cul-de-sac the north end of Lexington Way with development of the church property on the east side currently being processed as the Eagan Evangelical Covenant Church Addition which was formally reviewed by the Planning Commission on July 25 with Council consideration to occur on August 15, 1989. With the provision of this cul-de-sac, there are references to the developer (Jim Curry) committing to a financial participation of $15,000 for its construction and a requirement for an east/west 'street or semi-public access between Lexington Way and Lexington Avenue through the proposed Evangelical Church development. With the preliminary plat of the Evangelical Covenant Church being considered on August 15, it may be appropriate to continue this public hearing until that same meeting to discuss both issues concurrently. In the meantime, staff will try to research the status of the escrow and the County's current position regarding the cul-de-sac and church access on to Lexington Way. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 31, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MACC UPDATE Enclosed on pages 2-L throughis an update prepared by the MWCC for the plant expansion projec . This information relates to the issues Betty Bassett intends to raise during her discussion as an old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. A magazine entitled Governing the States and Localities is a publication of, Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts our interview. The article is copied and enclosed on pages through_ / for your review. /S/ Thomas L. Hedges City Administrator July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Pau), Mini;d%ta 55101 612 222-8423 =ra Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report i•equire'd by Section 3.2(d) of the City-MWCC Development Agreement. I 'r The Plant Expansion project is proceeding on schedule:-" -The bite Preparation contract is projected for completion during August, 5989. The general Plant Expansion contract has been awarded. Constrdcttion is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving=input'4rom the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building:`- Ati-eligi- neering design contract has been awarded to HDR/OSM, andA pielimiAary design will begin this month. The project is proceeding on schedule. a Chemical treatment has been, and will continue to be, used at tthe Seneca Plant for odor control. Chlorine is being added to'rthe influent wastewater at the Seneca Plant headworks area.-;''=gotas'hum permanganate is being added to the sludge feed to the b23t f -1 -ter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER GOVERNING How WE SPENrI, THE 19806: A PRE -CENSUS LOOK AT A CHANGING AMERICA Immigration, inner city decline and an aging population create issues that will preoccupy local policy makers for years. By Rob Gurwitt On the edge of downlou-n St. Paul, Minnesota, a half mile from the marble dome of the stale capitol, stands one of the most striking outposts of demographic change anysyhere in America. it hardly seems remarkable at first: a public housing project with a single brick high-rise and a collection of box}' apartments in tired browns and greens, scattered over a small hillside. On a warn day in late spring, young children play in the tiny yards that border the apartments, and an old woman stands watching the occasional car pass by. A few hundred yards away, traffic shuffles into a freeway construction zone. This is nn ordinary urban backwater, though. Most of the children who cone spilling out of the school buses that pull up in mid-afternoon are the first in their families to go to school—any kind of school. Few of the people driving through the neighborhood had even well a car 10 Yeats ago. The old women, with cloth coils resting on their heads and delicately traced traditional clothing oil their backs, could have stepped out of a Southeast Asian village. Which, in fact, they did. There are almost 300 families living at Mount Airy Homes, as this project is called, and more than 90 percent of them are limong refugees from the hills of Laos. They are part of a small flood of llmong M-110 have arrived in St. Paul over the course of this decade. They represent a single piece of compelling evidence about how dramatically the face of America has changed in the nine years since the last census. During the 1980s, the United States has become more deeply multi-ethnic and culturally diverse, as Asians of all nationalities have moved into Fresno and Sall Lake City, Chicago. Los Angeles and Seattle, Honolulu and Provi- dence, while from the south Mexicans, Haitians, Salva- dorans and other Central Americans have streamed, legally and illegally, over the border. That tidal wave of immigrants is only, the runs[ dramatic manifestation of how unsettled this counlry's human landscape is. The landscape has also been shifting in oliler, subtler ways over the past 10 years, even in a cnmparn- lively placid corner of the Midwest. A few miles west of Mount Airy Homes, in Minneapolis, race relations and racial issues have taken on new currency as the cilds minority population grows beyond its traditionally minus- cule dimensions. Older suburbs along Minneapolis' borders, unrried about the aging of their populations, are struggling In attract young farnilies just when the nonhers of vnung people moving into the housing market mac be declining, Meamyhile, to [lie south, 10 miles dorl'n the freeway that passes by Mount Airy Ifomes, a tier of new suburbs mound the tmvn of Eagan tries to come to terms with storming growth. Similar shifts are changing the character of central cities and their suburbs all across the counlrl. And as they do, they are creating issues that will preoccupy local policy makers for years to come. The first chance In gauge these .changes fully and accurately won't come until well after next year's decennial census is taken. Although sonic preliminary numbers should be not by the end mf 1990, detailed results will not be avallable until 1991 or 1992. Still, even before the census is completed, -it's possible to answer some crucial questions. The U.S. Census Bureau's Current Population Survey gives generally reliable infor- mation about population shifts at the national and regional levels. Local and slate officials who want to follow their changing communities use birth and death statistics, school enrollment information, driver's license transfers for people moving into the state, construction permits and occasional surveys to gel a notion of whal's happening on their lurf. Listening M them, looking around It a Variety of neighborhoods and communities, one can piece ingelher 26 GOVERNING Auguel 1989 7�� AA.A, a,n ilhwwmn GOVERNING America Crows Slates ianIced by population size, 1986 and 1990, and by percentage change. 1986 Rank/§Ae logo Rank/Siale Percentage Change 1986.1990 I- California 1. California 1. Arizona 13.1 2, New York 2- New York 2. Nevada 11,7 3, Texas 3. Texas 3, New Hampshire 11,2 4. Pennsvlvanla 4. Florida 4. Neu• Mexico 104 5. Flnrida S. Pennsylvania 5. Florida 9.R 6. Illinois 6, Illinois 6. Georgia 9.2 i. Ohio 7. Ohio 7. Alaska 8.0 9. Michigan 8, Michigan 8. Callfnrnia 7.9 9. New Jersey 9. New Jersey 9. Hawaii 7.4 10. North Carolina 10. North Carolina 10. Utah 6. i .�ll Georgia 11, Georgia 11. Virghlin 64 12. Massachusetts 12. Virginia 12. Texas 6-2 13. Vlsglnia 13. Massachusetts 13. Maryland 5.9 14. lndlant 14. Indiana 14. North Carolina 5,6 15, Missouri 15. Missouri 15. Delaware 5,2 I6. Tennessee 16. Tennessee 16. Cnlnrado 5.1 17. Wisconsin 17. Wisconsin 17, South Carolina 5.1 18, Louisiana 18. Maryland 18. Washinglon 4.4 19. Maryland 19. Washington 19. Vermont 3.9 20, Washington 20. Louisiana 20. Ne., Jersey 3.7 21. Minnesota 21. Minnesota 21. Tennessee 3.5 22 Alabama 22. Alabama 22. Maine 3.3 27, Kentucky 23. Arlwna 27. Alabama 3,2 24. South Carolina 24. kentucky 24. Mississippi 2.8 25. Arizona 25. South Carolina 25. Connecticut 2.8 26 Oklahoma 26. Colorado 26. Rhode. island 2,8 27, Colorado 27. Oklahoma 27. Minnesota 2.6 28. Connecticut 28. Connecticut 28. Oregon 2.5 29. Iowa 29, Oregon 29. Missouri 2.5 30. Oregon 30. IowA 30. Arkansas 2.3 31. 1,11nlsslppl 31. Mlsslsslppl 31, Michigan 1.6 32. Kansas 32. Kansas 32, Idaho 1.4 31 Arkansas 35. Arkansas 33- Kansas 1.3 34. West Virginia 34, West Virginia 34. Indiana 0.8 35. Utah 35 titab 35. Massachusetts 0.8 36. Nebraska 36. New Mexico 36. Illinois 0,5 37, New Medco 37, Nebraski 37, Wisconsin 0,5 38. Malne 38. Maine 38. Kentucky 0,4 39. Itawall 39, New Hampshire 39. Ohio 0.4 40, New' Hampshlre 40, Hawall 40. Loulslana 03 41. Idaho 41, Nevada 41. New York 0,0 42. Rhode Island 42. Idaho 42, South Dakota 0.0 43, Nevada 43. Rhode Island 43. PenisyNanla -0.5 44, Monlani 44. Montana 44. Nebraska -0.6 45. South Dakola 45. South Dakota 45. Oklahoma 46 46. North Dakota 46. Delaware 46- Wyoming .1.1 47. Delaware 47. North Dakota 47- Montana -1.7 48. Vermont 48. AlaskA 48, North Dakota -2.8 49. Alaska 49. Vermont 49, West Virginia a,2 50- Wyoming 50. Wyoming 50. Iowa -3.2 Soars': U.S. Bureau of the Census esOmdes and protection$ 28 GOVERNING August 1989 �(/J- clues Irl %%tial the cruses is like]) hl r(•v('al. For those purlx)ses, Ile A1inneapolis-SI. I'aul arca is a goal place In start-1wrausr it isn't uni(pm, curl has been changing at about the same pace as the country as a whale. l'he areas eslimiled 9.3 percent gmuth between 1980 and 1987 pal it smack in the middle of [lie 25 largest metropolitan areas in the cnnnlry. That is onu-here near I'ho• nix's dramatic 29.8 percent population bard, bill also quite a contrast to Pittsburgh's 5.2 1wreenl decline. Equally important, more is known about Ihr Twin Cities in Ibis decade than alloul most places, I)ecause the Minnesota demographers office and the Metropolitan Council in SL Paul are among the most knowledgeable agencies in the cnnnlry alBml their men eilizrns. AI the time of Ibe 1980 eellsus, the Illoollg were a minor curiosity in SL Paul, Although Ihey end started to arrive in the cite a 0111pIC of years Intfore, they were still a sidelight In lhr somewhat heavier, and Iwtler publicized, influx of Vietnamese and Canrl"lian refugees that had begun in 1975. In all, Ile last census turned np allow 5,3(10 Asians and Pacific Islanders living in the cily, a bare 2 perecnl of the populatinn. Ili the intervening nine years, the Ilnlong leave fallen full weight oil the cit) 's cnnsciansness, According to the stale refugee assistance division, there nre now 9,5(X) Ilmong living in S1. Paull and surrounding Ramsey County, with another 5,5(X) elsewhere in the stale- Southeast Asians as a whole faun an estimated 5.5 percent of the city's papula- tion. Asian children, most of 16cn1 Ilmong, have become the St. Paul school system's largest single minority group, making up 16.4 percent of its student body, Thnl proportion is likely to rise One of every four kindergarlocrs in the puhlic sch(ads next year, says Ceorge Latimer, SL Paul's mayol, will be Ilmong. The arrival of the Ilmnng in Minnesota is purl of a broader expansion of American cullural diversity during the 1980%. In a one-year period during 1986-87, Southeast Asians accrnuded fnr more than 60 percent of the counlry's legal immigrants, and between 1975 and 1986 some 846,000 entered the country. The 1980 census counted some 3.5 million Asian Americans; accord- ing to the Population Reference Bureau, a privale research group in Washington, D.C., next year's head count will find upwards of 6.5 million. And recent projections of the Hispanic population show it climbing to 21 million, from the. 15 million counted by the last census_ If there is one particular target for lwople arriving from abroad, it is California. In 1986 Bud 1987 alone, according to the U.S. Immigration nod Naturalization Service, that slate drew 130,(XX) legal immigrants, followed by Nese York with 224,(XX), Texas with 84,0(10 and Illinois with 52,(XX)- At the GOVERNING Inunlg ha.c had to adjust to Sl. PWII, and it I'll aua la nup+s -..-._..__ _._ public Iusing to, could steam rice, and pr+duced a I I lnnng-Innguage ridellni c m ml housecleaning. lisle of till. 1980 census, California was 19 lieFcent Ilispwlic and 7 percent Asian. Next year, Il,(- slate's I'npnlalion Research Vuit forecasts, the stale will he 25 p ereenl I lispaaic and 10 percent Asian. Gdifurnia's formidable gnlw•th is fueled in large part by people arriving from abroad. Each year, according to the 1'apulatu'll Ilewarcb hail, the stale eels $IMI,INNI migrants, of wborll 21MI,I1IMI are legal or illegal inulligrauls. l'he rest curve frons elsewhere in the Llniled Slates. A decade agn, the stream was split evenly between domestic and foreign migrants; 20 years ago) 'when sunk 250,000 Ileoplc Were moving inin the slate, 70 parecnl of Ihcnl came from Other stales in Il,e United Slates. In hliunesldo's case, I+ecauu the stale has llcen so Iborongbly while and elbnically European—whiles made up 96 li percent of the pllpulatioo in 1980—ille large tonnliers of Ilmong are Ixnuul to have a significant effccl. Tile uCnnuYs and values brought by Norwegians, Swedes, Ccrmans and Poles worked their way fairly easily tnlo the Al1lCrlc'a11 nlaiustrcanl. That has not been the case will, a p-ople arriving from the secluded hills of 1'305 w'bo have had little co llact with Isle West, lel alone will, cilics, 111411 ell, l'nllvelllellt'e5 lir w'1I11Cr. silkily, lilt. Ilmong presence Inas leen muted among the puldir• it large. To be slue, the telephone• Ixlrlk has taken ,,it a nave musical grlality, wilt the coluuuls of I'cdersous and Jensens jtlined by names such as filing Ying Xiong and Alai %,ang—aluug will, 169 olher Xiongs and 292 other Vangs. But 911 percent of St. Pant's Ilmong live in traditional public housing complexes. As a result, says Amy Crasefnrd, Mayor Latimer's liaison 10 the Southeast Asian connnanity, •lhey're self-contained, and not integrated into homes in lite neighlwrhoods in the way Thal other financially disadvaolaged or peaple of color are.-' Ilmong make up more Ilion three-fourths of the residents of St. Pauls four public housing projects. Where the impact of the 1111nong has unquestionably been fell is among lite public officials who have l,4 ileal with thein. English language programs for schad-age children as well as adults Imve become a staple of the public scblxd curriculum. A Leavy percentage of the fltnong Ilopulation is dependent on public funds, ill the form of refugee and general assistance, along with Aid to Families with Dependent Children. The city's police force now has six Ilmong officers. This influx of people from a radically different back- ground, many unable to speak English, has poised an unfamiliar set of challenges for the city. Latimer Wallis Sl. Paul In approach them with a sort of institutionalized hlidwestenl good will: "We need to Beal directly with that comtinnlity un their terms, Ilimugh their organizations and cldlute." he says. "We. need In upgrade all of our Ideal ��� GOVENNINO August 1989 29 s,.,. it,."I rLmp p4.w.11A GOVERNING Art Trend,, ell. a count' human ser%ices planner in St. 11nul. nn s john and educational opportunities ncenunt for much of the Rromb of the block populntion there. services to respond to collural differences. -- For city employees who deal directly with the Ilmnng, the concerns are more down In earth. The cityhousing autlinriiv, for example, insists on good housekreping by its lvnants; it even inspects the homes of applicants. Erik -Paul Sallmen, the anlhnrilv's rental administrator, points out that Ilmnng notions of cleanliness don't abeays measure up, "We know about Alr. Clean and scruh bruslos and vncuam cbenners." he says. "In Lans, )nu cap do quite well %with a hrnnnn." Since that docs not meet Sl. Paul slandards, the city has produced a Illnng-language xideolape on hrost-clenning, American style. The mikenver of the city's public housing populatirnt did tint, of comae, happen overnight, nor was it painless. Blacks, Indinns, I'lispnnics and poor whites liver) in the projects before the Ilmrnng arrived, and the groMh of the Ilmnng,populalinn aronsed tension among old-timers, who began to accuse the city of playing favorites. -'There's a tremendous difference between the %way blacks and Asians are perceived," says Art Treadwell, a human services planner far Ramsey County. "Blacks are more aggressive, overt and demmnslrathe in their behav- ior patterns, %which generally is mel %%'ith a low tolerance level. Southeast Asians are the opposite: They're very protective of the famih', they're quiet. In a public housing sitnatinn, where you ha%'e several groups vying for space, %%hen the fingers gel pointed, they don't get pointed at the people who are minding their own business,'- Sallmen, althrnngh he calls the Ilmnng "a boom" to the housing authority, denies that there was any official policy to stuff the projects %%ilh them at the expense of blacks. "B% their silver volume, they hasically look over the waiting list," Ile as%'S. 311 COVERNINr7 Aninest 19A9 c %/J Sfill, it raises the ques- tion of what hap- pened to the blacks who used to make up a majority of the residents at Mount Airy and similar pul. lie projects. Some, suggests Treadwell, 1%01111(1 up on the streets; others may have found different publicly fi- nanced hn nsing, Still others moved to Minneapolis. Certainly that city, like St. Paul, is losing its overwhelmingly while com- plexion. In Minneapolis, though, many of the inuni- grants_ are black, and come from within the United Stales. In 1980, the cih' %vas 7.6 percent black. Though there are no reliable figures for the city's current racial makeup, its public schools gained about 3.5W black students between 1980 and 1987, pulling the propor- lion of blacks in the system from 19 percent at for leginning of the decade to 28.4 percent in 1987. The rice in Minneapolis' black population has sparked a drhale over where the new residents are mining front, and %why. Dick Ileath, the city's acting planning director, puts it this sexy: "There's a host of reasons why %we've seen grn%wlh in the minority poor, and the one von pick tends to be a sign of your political philosophy. If you re lilernl, )nu say it s for a job; if you're conservative, Ws for the welfare benefits." Mail) reports that the city -s AFDC population grr%%' aloof 4 percent a year between 1982 and M6. School board statistics on entries into the system shn%% contingents coming from Chicago, Gary, Sl. Louis and Fast St. Louis, all of them Midwestern cities with large concentrations of prior blacks. In the first half of the 1988-89 school year, a fall fifth of the transfers into the Minneapolis public schools came from those four cities. On the other hand, Chicago and St. Lnuis Neve large white populations; some of the people moving to Minnea- polis from those cities in the past decade. clearly were while_ But if the notion of poor blacks migrating from faded inner cities to less bleak communities is plausible to many, it contradicts experts' wisdom about the migration patterns of the poor. "The common assumption is that the underclass in inner city areas is non-mobile," says Reynolds Farley of the Census Bureau. "They lack the skills to get greed jobs, and are reluctant to move if they're already getting transfer payments At the same time, Farley has used 1980 census data to document the movement of educated blacks from one region of .the country' to another in response to the urgings of the job market. Blacks may be corning to Minneapolis seer, nn,;rr;..... e,�mp pds,nv pb GOVERNING for the sane reason. That is the TO a gre interpretation that Ramsey (booty's Art Treadwell and the decline others attach to the increase in Center' the black population of lire Twin Cities. "'I'lie black raid- stock can dle class )here] is growing," the agl Treadwell says, "and of [be growth in the absolute numbers homeowner of blacks in the last 10 years, a significant portion isasa resell of jobs and otter educational opportunities. ' If there -has Leen a shift of inner city blacks from older Ilust Ilett cities to less traditionally black areas, it might he expected to show up in other cities besides Minneapolis. It has. ktihvaukee is another place where the black popn]a[ion has grown. A special census taken in 1985 showed that since 1980, its black population had increased by 5 percent (to 153,M)), while the while population had dropped by 27,M)13111 it's not clear how much of the ;lack growth was due to natural increase and Low much to migration. Even so, the increase has touched off a debate as to whether one of the causes of the growth is l4tisconsin's re.lalive]y generous welfare benefits. Elscwliem, there is mixed evidence for black migralion to heavily while Midwestern cilics. In Omaha, a 1985 city-phuuring study showed a 41 percent growth in the area's minority population since 1980, bill its results are looked on rvith sono suspicion by other planners. In Des Moines, public school enrollment Inas consistently leen a lillle inure than I I percent black IhrougLont lbe decade_ S be ng s T IIe 1980s have marked a decade of cautioned growth for metropolitan America in general. The lost census hinted that such grmwl6 might be leveling off, as rural areas actually grew faster Ilan metropolilan areas during the 1970s, 9'Le 1980s have reversed Ila[ shun -lived trend. Metropolitan popnlaliun grew 8.5 percent belween 1980 and 1987, according to Census Boman estimates, compared with an increase of un])' 4.1 percent in non -metropolitan areas. But [Ire metropolitan growth has leen virtually all suburban; mast central cities, especially in the Northeast and Hlidwesl, have Leen fortunate to hold even. Since its peak. in 1950, Minneapolis has been losing papolalinn, from 521,) that year to 371,000 in 1980. According to Heath, the rale of loss slackened after 1978, but "there's a little uuc;isiness as to whel6er it hasn't begun to steepen again in the last few years," Nationally, the most recent ('.ensue Bureau survey showed central cities losing about a million people altogether between early 1986 and early 1987, and Midwestern cities. as a whole lost 1-4 percent of Ihcir population between 1980 and 1986. Western and Sondherm cities, on the other hand, grew faster [Lan lite national population groswth rale, in part through annexations. Officials in bulb Minneapolis and Sl. Pan] are worried that the people wbn are moving out are disprnporlionalcly white and comfortably off. The census that will Le ,taken in 1990, says Ken Ford of the St. Paul Planning Office, ..will probably slow [flat we extent, still have a solid middle class, Brooklyn bill a larger population below the poverty level and greater housing polarization inn income between the city and the suburbs, as traced to well as within the city." of the Just outside the borders of Minneapolis, in the.city's inner themselves. suburbs that were settled just after World War 11, there is a m- different problePlanners there are not concerned aboul people leaving. What they worry about is too many people staying. III Brooklyn (,enter, a city of 30,000 that sits astride Minneapolis' northwest corner, a recoil survey of residents found lie median age to be 43.9 years, well above the national figure of about 33 and somewhat higher than in other inner ring communities. As newer suburbs fill up with young condos who have moved out from the city, Older towns like Brrmklym Center and its neighbors are finding that the housing slack that might help them compete for this fresh blood isn't emptying cod as fast as they would like.M -"Must (If the issues we're facing now are about redevelopment," says City Manager Jerry Splinter. It's IIIc older section of lows, in the southeast, that most concerns Splinter and otburs. This is a neigbborbowd of close]y spaced, World War 11 -era duplexes all(] somewhat newer ramblers, with sinall lawns, Lilly gardens and flags flying front poles ower the front doors. Aluminum fishing boals with shall outboard molors sit on trailers in the driveways, and on a few garages there are worn basketball backboards missing Iotli hoop and net, a sure sign of children grown r111) and moved out here and there, tiny garages with peeling sea -foam green or chalk -blue paint lean crazily, next to almost equally ramshackle houses. "Those are the kind of structures that should be removed," says Phil Cohen, a former Brooklyn (,enter mayor, on a drive through the southeast neigbi-mboxxl. 'rhe city has embarked on an ambitious program tet IT), to keep up its Olde- IInnsiug suck tbrongh strict enforcement of maintenance codes or, if all else fails, buying liouses and either rehabilitating them or knocking them down and starting afresh. "if we did notbillg, 10 years from now we'd have a deteriorating community that we could do nothing aloul , says Callen. To a great extent, [lie decline in Brooklyn Center's housing stock call le traced to the aging of the homeown- ers themselves. "We're poking at the possibility that as 'enrply nesters' get older, they can't lake care of their Lnoses as well," says Splinter. Moreover, adds development coordinator Brad Iloffman, a concentration of older residents in a large section of a city can have other consequences: "As those people dominate a neighborhood, d, it leads to the death of the school district," he says. All of this makes it increasingly difficult for the city to attract new home buyers and businesses, bill Brooklyn (:enter is determined not to lose out in the metropolitan area competition for butte. its solution has leen to find at in ,Z 6 GOVERNING August 1989 31 GOVERNING ways to finance new condo- Ea miniums and apartments for �- senior citizens along the edges pto fgur fd. of the oneighborhood, giving OI service a place to move where upkeep isn't an issue and the If 3 000 familiar comforts of home— churches, doctors, stores and can the clubs—don't have to change. Snow 9'lie strategy seems to be work- ing, lounger families are mm ing into some of the vacated homes, attracted by low prices that, in the older parts of Brooklyn Center, average around $70,000 a (muse, which is roughly $5,000 to $15,000 less Than prices farther not. But ore demographic fact may staff such plans, in Brooklyn Center and elsewhere. As file general lopulalion grows Older, the number of young couples looking for The slarler homes that the Brooklyn Centers of the country have to offer is going to drop. That may he happening already in St, Paul, where the rale of absentee owners renting out their houses is rising. There is some speculation that they are homeowners wbr have traded up to larger hooses bill' are having trnuble finding young couples to buy their old houses. gan is t eoutw it must people city still in 10 II is rel Post Brooklyn Cenler and Sl. Paul that me aging, of cnurse: it is the country as a whole In 1980, according to the Census Bureau, the U.S median age was 30 years. In 1990, i1 will he 334. And as that number continues to go up, it will force some difficult problems cot the commnnilies that are growing older. In (lie suburb of Prairie Village, Kansas, a part of the Kansas City metropolitan area. City Manager Barbara Vernon is confronting the comhiilalion of age and afflu- euce. Prairie Village is a community with a strong cohort of wealthy, well-educaled and aging citizens. It has a strong hnusing tole enforcement program and rising pmperl)' taxes, Iss'in pressures that Vernon worries may prone loo mach of a burden for some elderly' residenls. The lone retirement facility proposed for the connionity is expelled In Ilace an entry fee of more than $100,0)0 and monthly charges of between $1,200 and $2,000, which will pill it out of the reach of all bot the rich. A county nutrition prograrn for the elderly and a city -administered grant designed to help senior citizens maintain their properly will lake sante of the pressure off, but it is not clear low' much tile)' will help in the long run. "AI this loiol, it does not appear that we are forcing seniors not of their homes," says Vernon. But she adds that the future is uncertain. A thousand miles cast, in the lush bomnghs of the Main Line outside Philadelphia, the elderly' population is getting larger with each passing year. "People are living out their lives in what ).Oil and 1 would call mansions and estates," says Clarks Cotlenplan, director of planning for Lower Merlon To\4TSInp, which lakes in a sizable number of Main Lille communities. Those u'ho leave home are moving into well-appointed "life -carr' communities in the area. For Cultenplan and his colleagues, the concern is not so 32 GOVERNING AORust 1989 �,6,6 tying much the well -In -do as it is the middle-income elderly, of hat level whom the area has a large number as well These people maintain. have too much money to qual- move In, ify for the township's one low- income. project, and, as a result, remove a special task force has pro - hours? posed several options, including zoning changes that woold al- low parts of houses to be con- verted to apartments for elderly family members, While Brooklyn Cenler and many of its contemporaries are worrying about how to attract new home bit hers, Eagan and the communities around it are trying to figure out what to (In with them all. In 1980, afoul 20,7M people lived in this suburb on the Twin cities' southern edge Its population has more than doubled since then, and it is expected to have almost 48,000 residents by the beginning of next year, This is instant]), familiar territory to anyone who has lived no the fringes of a metropolitan area. Fertile, rolling land with patches of forest separates coiled subdivisions of subdued homes in lan and gray. Swimming pools fill up the backyards, and (our -wheel -drives and boats—bigger atld newer than in Brooklyn Center—sit in the driveways. If there is a lown Miller, it's the giant slopping stall silting near the north-SOUth bighwa), that opened the area up for gro iii. Locnliot and suburban amenities have made Eagnn one of the fastest -grnscing communities in the metropolitan area. Eagao's attractiveness to residents at the higher end of the ihcome scale is only going In intensify in the ncar future. "Once a community gets hot, then everyone else x%anls In build there," says City Manager Ton Iledges. "It's Income so expensive, %chat with ]]all(] prices, that on one can afford to build starters." So while the median house price in the area is afoul $98,(X)0, lite houses being built now' lend to gn for upwards of $20f1,M). Regardless of who moves in, tete city has to scramble to provide services. It is trying to figure out what lewd of service it must maintain to do its job properly. "if vou've consistently been providing snow removal xvilhin 10 hours, and [lien 3,0M people move into new homes, can yn o still do it all within 10 hours?" asks fledges - AI the beginning of the decade, a hnre handful Of softball learns used a scattering of municipal parks and ball fields in Fagan. Now there are 18.5 softball Ieanis for adulls and another 220 youth learns of various soils for which the city has to provide space. "Every time we sec a green space, we look it over and ask ourselves whether we could get a soccer field or a ball field in there," says Ken Vraa. Eagan's director of parks and recreation. Probably the greatest impact is being fell in the local schools. There are between 1,100 and 1,2(X) additinoal students each year entering the Rosemount distriel, which takes in about a third of Eagan and a spin",] of olber booming suburban towns. That about equals one new high school's worth of pupils a year, and the district has been struggling to keep up. It is opening a nes% middle school GOVERNING and a new high school in the fall, and will soon break ground un two more elementary schools. "I don't know Ilnw long this can continue," says JoAnne Ellison, the schotd district's demographer. "Even opening the two elementaries, that'll only last us about two years." This is a fertile area in more than one sense. The Iluggies cartons piled at the end of driveways on trash day are le5linunty to the fact that the district is going 10 have to keep building schools for a while. There are some 180)0 children spread throughout the school system, and already another 9,3(10 pre-schoolers who will be entering it in the next four or five years. Demographics will only compound the situation in the 1990s. Ellison las found in her surveys that, contrary to now. The Denver area grew rapidly between 1980 and 1985, bill in the past few years the rate has dropped dramatically, hampered by a recession caused by the collapse of the oil and gas industries, a shakeout in high-technology businesses, and agricultural problems. The drop in the rale of growth comes despite Denver's attractiveness as a location. The twin blessings of sunshine and mountains had given local boosters a deep-seated faith that people would flock there no matter what. But as one Colorado official puts it, "In the last few years, a lot more people have left Denver than moved here. Now, the mountains haven't moved farther away, and the sun isn't shining any less; it has to do with the ability of a metropolitan area to support its people." Denver's situation is a reminder that the grand sweep of numbers measur- ing growth and decline over a decade can hide Ilse most interesting local sto- ries. The 1990 census will show, for example, that sub- urban Aurora, just east of Denver, grew al an as- tounding pace during the 1980s. What it will not show is that in the past year or so, Aurora may actually have lost population. By the same token, knowing that metropolitan San Diego grew 23 percent between 1980 and 1987 may be less important than knowing that the northern part of the county was attracting middle-class home buyers from more expensive Or- ange and Riverside coun- ties, while the south was drawing Hispanic and Asian immigrants who couldn't afford to live anywhere else in the area. The demographer's art—and the policy maker's burden— lies in discerning the subtleties behind the big numbers. It is an art, because the demographer who pursues the numbers imaginatively creates meaning. it is a burden, because every change affects the community in which it occurs, and public officials have to deal with the results. Streams of Hmong displace others in need of public housing. A rising black population forces officials in what used to be an overwhelmingly while city to deal with racial tension for the first time. Older people who elect to hold on to their houses as long as possible may bring about the decline of a school district. The most important point is sometimes buried in the statistical tables: Demographics is ultimately about politics. Or, as St. Paul Planning Director Peggy Reichert puts it, "The minute you start talking about l u alters, it's good news or bad news to some- one." ❑ The Rosemount school district hired demogrupher JoAnne ewson to netp n p,,.,, .o. the community's growth. 'I don't know how long thiscan continue,' she says. what she had expected, the starter homes in the area are bringing iu.few children; instead, childless young couples are buying those houses, using two incomes to pay the mortgage and po stpouiug children for a while. The houses attracting families with children are in the higher price range. And since those are the ones now being built in the areas ole n to development, the school-age population may increase at an even faster rate in the 1990s. It is tempting in the face of such numbers to think of groxlh as a community destiny. Certainly Eagan expects to keep growing: Hedges believes that it has the potential to reach between 80,000 and 100,0()0 residents by the end of the century, although the planning department anticipates that it will peak at around 70,(N)0. But where growth is based on an expanding economy, Ihcry is nmlhing inevitable alout it, as Houston discovered earlier this decade and Denver appears to be finding out ct,,, n'.„rr„tea. c:,,aaan rd„r,ce•,.Pl C' 6 / GOVERNING August 1989 33 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 26, 1989 SUBJECT: INFORMATIVE PROGRESS REPORT/MWCC UPDATE Enclosed on pages AziWIL through �1/is an update prepared by the MWCC for the plant expansion project. This information relates to the issues Betty Bassett intends to raise during her discussion as an Old Business item. BLACRHAWR TRAFFIC SURVEY The Police Department has concluded speed surveys on Blackhawk Road near the Hanson residence, and their findings show there is heavy traffic in the area and some speeds are running 10 to 12 miles an 'hour over the posted 35 mile an hour speed limit. The Police Department will continue to monitor the Blackhawk Road area and contact Mrs. Hanson with the results and action the police will be taking. ARTICLE/GOVERNING MAGAZINE A magazine entitled Governing the States and Localities is a publication of Congressional Quarterly, Inc. that carries a nationwide distribution. Approximately six (6) weeks ago, the City Administrator was interviewed by Rob Gurwitt, a staff writer for Governing magazine, for an article he was writing about the change in demographics as a prelude to the next federal census. A copy of the magazine was received today and the article entitled "How We Spent the 19801s: A Pre -Census Look At A Changing America" was written and includes excerpts from our intery a The article is copied and enclosed on pages .� 3 through for your review. /S/ Thomas L. Hedges City Administrator ago Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 July 24, 1989 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Subject: Progress Report Required by City-MWCC Development Agreement Dear Mr. Hedges: This letter is intended to serve as the progress report required by Section 3.2(d) of the City-MWCC Development Agreement. The Plant Expansion project is proceeding on schedule. The Site Preparation contract is projected for completion during August, 1989. The general Plant Expansion contract has been awarded. Construction is projected to commence approximately when the site preparation has been completed. The Residual Solids Management Report has been completed and its recommended plan has been adopted by MWCC after receiving input from the City and interested citizens. The project includes odor control for the sludge incinerators and Solids Processing Building. An engi- neering design contract has been awarded to HDR/OSM, and preliminary design will begin this month. The project is proceeding on schedule. Chemical treatment has been, and will continue to be, used at the Seneca Plant for odor control. Chlorine is being added to the influent wastewater at the Seneca Plant headworks area. Potassium permanganate is being added to the sludge feed to the belt filter press in the Solids Processing Building. In addition, on an experi- mental basis, grit tank off -gas is being treated by a leased chemical scrubber. Chemical (sodium hypochlorite, i.e. bleach) addition is being used at Meter 500 on an experimental basis to determine its effectiveness as an interim or temporary supplement to the odor control system at Meter 500. Due to equipment (pump) failure, additional time is needed to gather enough data upon which to evaluate the benefits of chemical addition. Pump repairs are being made, and temporary gravity feed of chemical is being attempted. 741 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Page Two July 24, 1989 Modifications to the carbon scrubber unit at Meter 500 have been made to eliminate short-circuiting of gas. Performance has been excellent since these modifications were made. A chemical scrubber is being installed at Meter 500 to operate in series with the carbon unit. This should further improve odor removal efficiency. These improve- ments will be operational by October 1, 1989. We were notified on Monday, July 24, 1989, that one of the residences in the Wuthering Heights area south of the project site was no longer able to get water from their well. We are currently working to verify that the loss of water is a result of dewatering activities at the Seneca Plant project site. If the loss of water is a result of construction activities at the plant, a service connection to city water will be provided. In the interim, arrangements have been made for bottled drinking water delivery to the residence. A project bulletin has been developed to update interested parties on the status of the plant expansion, odor task force, well testing and other activities at the Seneca Plant. This bulletin will be mailed in early August to local residents, the City of Eagan and other interested individuals and groups. The purpose of the bulletin is to improve communication with area residents and the City of Eagan. If you have any questions, please contact me. Sincerely, 7 " " Gordon 0. Voss Chief Administrator GOV:BP: hw cc: W. Haapala, Director of Operations E. DeLaForest, Director of Engineering/Construction D. Madore, Director of Quality Control J. Corcoran, Assistant Director Regional Facilities L. Bartscher, Assistant Director Regional Maintenance J. Wawra, Plant Manager, Seneca W. Moeller, Interceptor Manager J. Matross, Associate General Counsel P. Ferguson, Director of Public & Community Relations Z�v MWCC PROJECT BULLETIN A Publication From The Metropolitan Waste Control Commission Seneca Wastewater Treatment Plant Expansion — Summer 1989 229-2100 Expansion includes $4.5 million for odor control Stae preparation is well underway at the Seneca Wastewater Treatment Plant in Fagan as workers lay the groundwork for a three-year expansion and upgrade project now estimated to cost $68 million. The expansion and a concurrent solids handling project include $4.5 million in oda control improvements. Doug Warner, project manager for the Metropolitan Waste Control Commis- sion, expects site preparation to be com- plete in August and construction to begin in August or September. All sys- tems are expected to be operating by the fall of 1992. Approximately 700,000 cubic yards of dirt will be moved this summer - enough to bury a football field 500 feet deep - to make room for additional treatment tanks and other improvements. When work is complete, the plant's treatment capacity will increase from 24 to 34 million gallons per day. The expansion and upgrade is necessary to meet growing demands for develop- ment in Eagan, Burnsville and Bloomington, and to comply with ever more strict water and air quality stand- ards. Approximately 7110,1100 cubic yards of dirt will be moved this summer. "The expansion and upgrade include a number of odor control measures," Warner said. "We'll now be covering and containing odor in the headworks area where the wastewater enters the plant, covering the primary clarifiers, and then collecting and treating the odorous ventilation air from all these areas." The new odor control system includes a wet scrubber followed by two carbon ab- sorption units housed in a separate build- ing that is part of the expansion. Two other significant aspects of the ex- pansion include adding a dechlorina- Odor committee shares concerns Su months after it began, a unique committee comprised of staff mem- bers from the Metropolitan Waste Con- trol Commission, the City of Eagan and Eagan residents is well underway in a combined effort to improve communica- tion and resolve concerns surrounding the Seneca Wastewater Treatment Plant. The Seneca Odor Control Advisory Committee - aptly named after one of the group's goals - resulted from an agreement between the MWCC and the City of Fagan to allow local input on matters of public concern. Continued on reverse A43 lion unit and "super saturating" the treated wastewater with oxygen. The de- chlorination unit will neutralize residual chlorine added to the wastewater to kill bacteria. "Super saturating" the treated wastewater with oxygen will reduce the treated wastewater's impact on the river, reducing its demand for oxygen from the untreated river water. More odor control measures are planned as part of the concurrent solids handling improvement project. This project also includes the installation of afterburners and wet scrubbers to treat incinerator exhaust. The incinerator improvements were among the recommendations of a con- sultant hired by the MWCC to study oda control. The consultant, Malcolm Pirnie, Inc., said the afterburners would further reduce emission odor and that wet scrubbers would further reduce ex - hast particles. As a long range goal, the MWCC is planning to reduce Seneca sludge incineration by more than 50 per- cent by developing market for lard ap- plication of sludge. Advisory committee shares concerns Continued from front Group members estab- lished four principle goals during initial meetings last winter and spring: • to provide for infor- mation exchange and open discussion; • to provide a forum for preview, review and updates of con- struction progress and status; • to review odor com- plaints; and Committee members Include Eagan residents and representatives of the MWCC and City of Eagan. • to resolve potential conflicts and dif- ficulties by more effective com- munication. Bob Polta, MWCC air quality manager and the agency's designated contact on the committee, said, "We've had some wide-ranging discussions, but the com- mittee has certainly provided a forum for residents to raise their concerns and allowed us to actively respond." Other members of the committee in- clude two residents from Eagan's Wuthering Heights neighborhood, one Eagan resident at -large and one repre- sentative from the City of Eagan. Two committee positions that were of- fered to the Silver Be0/Cedarvale busi- ness community have not yet been filled. The MWCC has also been represented by additional support staff from en- gineering, construction, odor control, community relations and from the plant itself. Several officials from the City of Eagan have also attended at times. Karla Eggink, MWCC staff engineer and odor control specialist, pointed out that the MWCC is investing $4.5 mil- lion on odor control equipment in the current expansion and improvement Project. "People are comfortable bringing their concerns forward We may not always have a quick answer, but we're com- mitted to finding answers and reporting them back at a later meeting," she said. Call the Odor Response Line The Odor Response Line drew one dozen calls in its fust three months of existence. Community Rela- tions Officer Pauline Langsdorf en- courages residents to ,use the service. "All the complaints are reviewed," she said. "We need to know where and when the odor is noticed to deter- mine the source. We chart the calls on a cumulative map and study them to see whether adjustments are necessary in the system. We want people to know we're taking steps to improve -to report odors, call the MWCC Odor Response Line }1 hours w.• &0. •.•h 290-6757 the situation." The Odor Response Line accepts calls 24 hours per day, seven days per week, she pointed out. 5 Well test results dile back soon Results are due in late July from a second set of well tests initiated by the Metropolitan Waste Control Com- mission to determine the quality of water in residential wells bordering the Seneca Wastewater Treatment Plant Residents had requested that their wells be tested before construction began to establish a baseline for monitoring the effects of the plant expansion. The second test was also requested by area residents after a small but detec- table amount of organic material was found in some wells during initial test- ing last spring. "'Ihe second test is being conducted to verify the initial results; said Rebecca Flood, MWCC regulatory compliance manager. "It's a goodwill gesture, really, in the ongoing effort to be a responsible neigh- bor. When the second test results are in more information will be available to the Dakota County Environmental Health staff to determine the source of the organics," Flood said. Water samples were drawn June 28 from nine wells near the treatment plant. A second laboratory, PACE Laboratories, is conducting and analyz- ing the tests using the same method ap- plied in the fust sample. Al the residents' request, results from the test will be mailed directly from PACE Laboratories to interested' homeowners, the City of Eagan and the Dakota County Department of Health as well as to the MWCC. In a related matter, Flood said the MWCC has installed two sets of obser- vation wells near the Minnesota River to monitor the effect of the plant expan- sion on the groundwater level at Nicols Meadow Fen. 'The wells are set at depths of 20 feet and 70 feet Data will be studied to as- sure preservation of the fen, a protected wedand. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBERE DATE: JULY 26, 1989 SUBJECT: SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT - HOLZ Ella and Otto Holz of 4665 Robert Trail South have applied for a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition. The applicants meet all conditions as defined in the City Code and I am, therefore, recommending approval of this application by the City Council. Attached for your information are the following: 1. Application 2. Income Tax Information 3. Special Assessment Search 4. Appropriate Section of the City Code Please let me know if you would like any additional information. Financ Director/City Clerk EJV/kf APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD LAWS 1974, CHAPTER 206 STATE OF MINNESOTA) COUNTY OF DAKOTA ) DATE J I& 30 19jL? TO: County Auditor, Dakota County, Minnesota I, the undersigned, declare under penalties of perjury: That I reside at fF,,5 ,4 Tiai jay _ EWAdAf AV _S'.S- That I am not less than 65 years of age and that the date of my birth is IYe V. 2S /4d6. That I am the owner of the property legally described as: &,4^4 3L Tm ai > > Aa.. V , Property I.dentification No. /,a 0 4AB& Gln Q. That my interest in the 'ownership of the above property was squired on r JIM - 1 -9.11 -and is as follows: kT 1. Sole ownership (Enter Yes, if applicable) �f•. 2. Joint tenancy, held with ELLA /./ ei Z 3. OTHER undivided interest (Specify) AfQA66 That on January 2, 1929 or June 1, 19_k.I owned and occupied the above property as my homestead and such occupancy began on y 192 That the installments for improvements on the SPECIAL ASSESSMENTS duly adopted in ordin- ance by the C Z:r fi.�. daps of OF OF AS OF JA& is 19!x% which have been alloca ed a ainst the subject property would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such in- stallments be so deferred for the years 19JTto11�StV AVft,!A41J ge It, e., ,..f .ir�iri• SIGNED: C-LLI fN L Z (� OWNER - - - - - - - - - - - '- - ) - - - SPOUSE - - - - - - - - - - - - - - - I, Clerk of the OF IN County, State of Minnesota, do hereby certify that the application of above named, has been duly reviewed and that in aceordance with the minutes of official record in said chambers was duly : APPROVED or DENIED as of 19 That in accordance with approval granted, the SPECIAL ASSESSMENTS listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. ASSESSMENT D/P NO. TOTAL AMOUNT YEARS INTEREST RATE Project 520 1867 3670.00 15 9% DATED 19 Clerk or Authorized Deputy (over) ALL APPLICANTS 17. DONATION TO NONGAME WILDLIFE FUND: ::.- .::::.........[ n]$ - 18. PROPERTY 1AX REFUND......................................[18l$ 350. I DECLARE THAT THIS APPLICATION-I6-GORREGT-4iND-69MPLETE--TO-THE BEST OF MY KNOW- LEDGE AND BELIEF. YOUR SIGNATURE SPOUSE'S SIGNATURE DATE DAYTTME PHONI --------------------------------------------------------- PAID PREPARER'S SIGNATURE - - -MN-TAX-ID-OR SOC/SECT NUM.-- DATE DAYTIME PHONC 472-22-0809 423-2457 ------------------------------------------------------------------------------- BL SUPE TO ATTACH YOUR CRP OR PROPERTY TAX STATEMENT MAIL TO: MINNESOTA PROPERTY TAX REFUND, ST. PAUL, MN 55145-0020 L FORM 11 IPR TAX REFUND ------------ ---------------... POOR -------------------1988-MINNESOTA-PROPERTY FIRST NAME, MI LAST NAME SOC. SEC. ri --OTTO J HOLZ - - -----470-42 3476 -- STATE CAMPAIGN FUND SPOUSE'S FIRST NAME, MI LAST NAME SOC. SEC:. # r-ELLA HOLZ 473 66 0394 IF YOU WANT $5 TO AIIi PRESENT HOME ADDRESS (STREET, APARTMENT NUMBER. ROUTE) STATE CANDIDATES THEE! --4665 SO ROBERT TRAIL CHECK ONE BOX. DOING: CITY OR TOWN STATE ZIP CODE COUNTY SO WON'T AFFECT TAXE:: --EAGAN. MN 55123 - - -..-DAKOTA ------------ ..----------------------------------------- IR DFL GCI CHECK BOXES THAT APPLY [ ] RENTER [X] HOMEOWNER YOU: [ ] [ ] [ ] -------------------------------------------------------------------------------- - ---- SPOUSE: [ ] [ 1 [ ] 1. FEDERAL ADJUSTED GROSS INCOME FROM -LINE -31; -FORM 1040:::..[1]$ 'x,780. 2. SOCIAL SECURITY PAYMENTS OR RRTA NOT INCLUDED IN LINE 1...[2]$ 4,220. 3. PAYMENTS TO IRA, KEOGH, OR SEP............................[3]$ 4. WELFARE PAYMENTS NOT INCLUDED IN LINE 1 . :.:::::::::.:..:...[4]$ 5. ADDITIONAL 1TEMS YOU MUST INCLUDE IN INCOME...............[5]$ 6. ADD LINES 1 THROUGH 5 ................................. 6.$ 14.000. RENTERS 7. AMOUNT FROM WORKSHEET. NUMBER OF DEPENDENTS-[ 0]......::..[7]$ CHECK IF YOU ARE: 65 OR OLDER [X] DISABLED [ ] B. SUBTRACT LINE 7 FROM LINE 12.050- 9. RENTER'S SHARE OF PROPERTY TAX (LINE 3 OF CRP) ............ [9]$ 10. AMOU141FROM IABLE IN THE INSTRUCTIONS ....................[10]$ HOMEOWNERS - - - --- - - - - 11. AMOUNT FROM LINE 1 OF PROPERTY TAX STATEMENT PAYABLE '89.[11]$ 1,721. 12. AMOUNT FROM TABLE IN THE INSTRUCTIONS ................. 12.$ 1,075. 13. AMOUNT FROM LINE 2 OF PROPERTY TAX -STATEMENT --PAYABLE '89.[13]$ 725- 14. SUBTRACT LINE 13 FROM LINE 12 ......................... 14.$ 350. 15. SPECIAL PROPERTY TAX REFUND FROM LINE 40 .................[15]$ 16. ADD LINES 14 AND 15.:.::._: _ _ ::.:� ::--,-,-­ . , :.:. 16.$ 350. ALL APPLICANTS 17. DONATION TO NONGAME WILDLIFE FUND: ::.- .::::.........[ n]$ - 18. PROPERTY 1AX REFUND......................................[18l$ 350. I DECLARE THAT THIS APPLICATION-I6-GORREGT-4iND-69MPLETE--TO-THE BEST OF MY KNOW- LEDGE AND BELIEF. YOUR SIGNATURE SPOUSE'S SIGNATURE DATE DAYTTME PHONI --------------------------------------------------------- PAID PREPARER'S SIGNATURE - - -MN-TAX-ID-OR SOC/SECT NUM.-- DATE DAYTIME PHONC 472-22-0809 423-2457 ------------------------------------------------------------------------------- BL SUPE TO ATTACH YOUR CRP OR PROPERTY TAX STATEMENT MAIL TO: MINNESOTA PROPERTY TAX REFUND, ST. PAUL, MN 55145-0020 L TRZANS;ACT'ILIN 1D: R768 SPECIAL.. ASSE'SSMF-N'TS SPECIAL. ASSESSMENTS SEARCH SUMMARY PROPERTY I.D. TODAYS DATE: 07/03/84 ---SPECIAL FLAGS ------ 1-2-3-4-5-6-7-8-9-1.0 10-03600-020-04 S.A.# ASSESSMENT DESCR. YR YRS RATE 'TOTAL ANN.PRIN. PAYOFF COMMENT 100914 SS -TRF: 83 15 14.0(7% ?.56.1...00 .00 .00 CL -USED (00515 S ---TRK 83 1.5 10.06% 2557.00 .00 .00 CLOSED 101.067 WTK 520 89 15 4.00% 3670.00 244.67 3670.00 SUMMARY OF ACTIVE 3670. 00 244.67 3670.00 *K*x�rr THIS YEAR'S TOT P&I .00 restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Sec- tion limit any right or power possessed by the City over existing franchises. SEC. 2.73. ABSENTEE BALLOT COUNTING BOARD. The Council hereby authorizes an Absentee Ballot Counting Board and further authorizes the election judges of such Board to receive, examine, and validate absentee ballots. The further duties of such board shall be those provided by statute. SEC. 2.74. SPECIAL ASSESSMENT POLICY. The Council may, by resolution, adopt, from time -to -time amend, or repeal a special assessment policy. SEC. 2.75. DEFERMENT OF SPECIAL ASSESSMENTS. Subd. 1. The Council may defer the payment of any special assessment on homestead property owned by a person who is 65 years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk - Treasurer is hereby authorized to record the deferment of special assessments where the following conditions are met: A. The applicant must apply for the defer- ment not later than ninety days after the assessment is adopted by the Council B. The applicant must be 65 years of age, or older, or retired by virtue of permanent and total disability. C. The applicant must be the owner of the property. D. The applicant must occupy the property as his principal place of residence. E. The average annual payment for all assessments levied against the subject property exceeds 1% of the adjusted gross income of the applicant as evidenced by the applicant's most recent Federal income tax return. The average annual payment of an assessment shall be the total cost of the assessment divided by the number of years over which it is spread. Subd. 2. The deferment shall be granted for as long a period of time as the hardship exists and the condi- tions as aforementioned have been met. However, it shall be the duty of the applicant to notify the City Clerk -Treasurer of any change In his status that would affect eligibility for deferment. Subd. 3. The entire amount of deferred special assessments shall be due withinsixtydays after loss of eligibility by the applicant. If the special assessment is (1-1-83) 24 not paid within sixty days, the City Clerk -Treasurer shall add thereto Interest at 81 per annum from the due date through December 21 of.the following year and the total amount of principal and Interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue finan- cial hardship, the Council may order that the applicant pay within sixty days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subd. 4. The option to defer the payment of special assessments shall terminate and all amounts accumu- lated plus applicable Interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is eligible for deferment. B. The as le, transfer or subdivision of all or any part of the property. C. Loss of homestead status on the property. D. Determination by the Council for any reason that there would be no hardship to require immediate - or partial payment. SEC. 2.76. PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS. Subd. 1. Scope. Partial prepayment of assess- ments in connection with any assessments adopted by the Council and certified to the County Auditor for collection may be made at any time. Subd. 2. Payment. The owner of a6 property so assessed may, within 30 days of adoption of the assessment roll by the Council, prepay any or all of his assessment to the City. No interest will be charged on any portion of the assessment paid within said 30 days. The remaining unpaid balance of the assessment shall be spread at the same rate of interest and for the same term of years as the original assessment. SEC. 2.77. EMERGENCY PREPAREDNESS PLAN. The Council may, by resolution, adopt, from time -to -time amend, or repeal an emergency preparedness plan for the City. . 25 (1-1-83) ADMINfiSTRATIVE AGENDA :i REGULAR CITY COUNCIL MEETING AUGUST 1, 1989 EAGAN, MINNESOTA CITY ATTORNEY CITY ADMINISTRATOR Item 1. Sale of 1977 Corvette Item 2. Request by Business Ink Magazine for City of Eagan Ad item 3. Resolution Rescinding Waiver of Plat Granted January 4, 1977, Lot 14, Treffle Acres INFORMATIONAL, 7& MEMO TO: MAYOR i CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 310 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to time. The City Council Session if advised by a necessity to discuss CITY ADMINISTRATOR be considered under City Attorney at this reserves the right to schedule an Executive the City Attorney or City Administrator of any pending litigation. Item 1. Sale of 1977 Corvette --On Friday, July 28, bids were received for the sale of the 1977 Corvette that was impounded "approximately three (3) years ago as Police evidence. There were twenty-seven (27) bids received and the low bidder is Bill Pluta in the amount of $5,009. The bids ranged from $50 to the high bidder of $5,.009. For a list of all 27 bidders, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the 1977 Corvette that was declared surplus property in previous action by the City Council to the high bidder, Mr. Bill Pluta, in the amount of $5,009. Item 2. Request by Business Ink Magazine for City of Eagan Ad -- The City of Eagan will be featured in the September edition of Business Ink, a business magazine serving Dakota County. Enclosed on page aS�j is a letter from Audrey Luhrs, Co -Publisher and Director of Advertising for Business Ink Magazine, requesting that th eCity of Eagan consider a full-page ad in the magazine. The City did, budget some general advertising funds within the Economic Development portion of the operating budget for 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an advertisement in Business Ink magazine in the amount of $550 for a black and white ad. SPECIAL 'NOTE: If the City Council approves this request, the motion can be modified to add color which is an additional $150. Item 3. Resolution Rescinding Waiver of Plat Granted January 4, 1977, Lot 14, Treffle Acres --On January 4, 1977, an application was received from the Derrick Land Company regarding a waiver of plat A4 for a portion of Lot 9, Section 4:, to be combined with Lot 14, Tref fle Acres. As part of the agreement, no further building permits could be granted on said property. The property discribed above is now part of the approved plat for the Prettyman Heights development (see map on page ZOO ) . In order that the title for this property be cleared, it is necessary to rescind the 1977 resolution. Enclosed on page_.? eis a copy of the abstract explaining this encumbrance and on page ;R— is a copy of the resolution rescinding the original, action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution rescinding Document 483435, the January 4, 1977, action of the City Council as regards building permits for Lot 14, Treffle Acres. INFORMATIONAL TOLLEFSON BUILDERS Mr. James O'Neill, legal counsel with the firm Faegre and Benson representing Tollefson Builders, addressed a letter to Mayor Ellison, City Councilmember Egan and members of the City staff, Placing the City on official notice that the Tollefson case will be not be appealed and further, "barring further words from the plantiffs, I plan to close my file." Also enclosed, for informational purposes, enclosed is a copy of a letter with some attachments from Leo Murphy concerning his property. Mayor Ellison, the City Administrator and Director of Parks and Recreation met with Leo last week to discuss the road access to Blackhawk Park. There are several engineering questions which have been addressed by Jerry Bourdon of Bonestroo, Rosene, Anderlik and .Associates, and his findings to many of Leo's questions will be represented by the Director of Public Works in a meeting on August 8 with Leo. Many of the questions in this letter are the .same questions that have been addressed by Public Works. DAKOTA COUNTY YARD WASTE BAN Dakota County begins implementation of its ban which precludes yard waste from land fills on Tuesday, August 1, '1989. This ban will entail certain minimal changes for residents who bag their yard waste and dispose of it through their haulers. A memo explaining the ban and its affects prepared by Assistant to tY} City Administrator Hohenstein is enclosed on pages) - 5 for your review. /s/ Thomas L. Hedges City Administrator -2,'17 1977 Corvette Bid Opening 4:00 p.m. July 28, 1989 Bidder Amount 1. Monte DeLong $50.00 2.. Ronald Gjorvad 500.00 3. Jim Schmitz 502.00 4. Mike Finnegan 503.00 5. Steve Hadden 555.00 6. Kevin Kooiman 870.00 r.7. Thomas Cooper 888.88 8. Jim Eckel 1,000.00 9. Grant Tentis 1,026.00 10. Rick Torgerson 1,200.00 11. Dale Brule 1,201,00 12.. Richard Pfeifer 1,,210.00 13. David Senechal 1,577.00 14. Dale Brule 1,706.50 15. Michael Demprey 2,100.10 16, Noreen Hondo 2,257.00 17. Kevin Cook 2,,389.00 18. Keith Gilmore 2,550.00 19. Steve Tschida 2,750.00 20. Mark Simpson 2,850.00 21. Alan Fredrickson 2,997.80 22. Scott Peterson 3,030.00 23. Douglas Andresen 3,,226.00 24. Michael Neisius 3,600.00 25. Andy Parker 4,200.00 26. Gary Vorwerk 4,852.80 27. Bill Pluta 5,009.00 ,a A BUSINESS MAGAZINE SERVING DAKOTA COUNTY 201 N. Concord Exchange • Suite 106. South St. Paul, MN 55075 • 455.2728 July 24, 1989 Dear Mayor and members of the City Council, My name is Audrey Luhrs. I am co -publisher and director of advertising for Business Ink magazine. Margaret Peck is co -publisher and editor. In September, we plan to feature Eagan and have a beautiful, four color cover of "The Waters" development center. It is our intention to have coverage of some new and some long established members of your business community, including Signal Bank's new location, Drover's Bank, Cliff Lake Center and others. In the past we have featured the cities of Burnsville, Apple Valley, South St. Paul, West St. Paul and Hastings. We made a proposal at the council meeting and in each case, the councils approved purchase of a full page advertisement for the city to lead off the special section. I ask that you consider and approve the same for Eagan by voting to place on full page ad in black and white at a cost of S550.00. If you wish to addcolor, add S150.00. Thank you for your consideration. I will bring samples to the meeting if you wish to see them. Sincerely, Audrey Luhrs 2 1y Robert J.Gannaway iwf.Janet W.rDeed (Joint Tenancy) dated July 14, L.Gsllaway, 2971.Recorded July 27,1971 as Doc. 115 to No. 386535. John J.Jurewicz iwf. Conveys.: Lot 14 Treffle Acres,,including. Karen A.Jurewicz. _ and subject to an Easement for driveway purposed dated June 9,1971 executed by Don I. Prettyman and wf.Kathleen M.Prettyman, owners of Lot 15 Treffle Acres. Robert J,.Gannaway and Janet L. Gannaway,husband and wife, owners of property conveyed herewith. Free from all incumbrances, Except a Mortgage shown at No.109, which Mortgage was assigned by Assignment shown at No.110, which mortgage the second parties agree to assume and pay according to its terms. City of Eagan- Eagan CC of Resolution, dated .... City Council, Recorded Feb.8.,1977 as DoC.NO... 483435. 116 to WHEREAS, Derrick Land Company and The Public. Allied Properties,.Znc., submitted an City of Eagan covering pro Application for Waiver of Plat to the perty described as: The East 200 feet of the S# of the Ns of Government Lot 9 in Section 4 Township 27 Range 23,and WHEREAS, the Advisory Planning Commission of the City of Ragan at a regular meeting held on Dec.28,1976 adopted a resolution recommending to the Eagan City Council that the Application for Waiver of Plat be approved pursuant to Eagan Ordinance No.10 and No.52 covering said parcel with the understanding provided,however,that said parcel will be combined with Lot 14 Treffle Acres and that no further building permits be granted on the property described above,including Lot 14,Traffle Acres; and WHEREAS, The Eagsn City Council considered the application and the recommendation of the Advisory Planning Commission at its regular meeting on Jan.4,1977; NOW THEREFORE, upon motion duly made by Mayor Polzin, seconded by Councilman Wachter,those voting in favor being P612in,Waehter,Smith, Rydrych and Rahn and those voting against were none, it was RESOLVED, AS FOLLOWS: That the application for. Waiver of Plat covering property described as the East 200 feet of the SJ of N} of Government Lot 9 in section 4 -Township 27 Range 23 , be and it hereby is, approved', provided, however, that no further building permits will be granted by the City of Eagan on said parcel or on Lot 14 Treffle Acres, it being understood' that said two parcels will be combined under one ownership. The Travelers Insurance Assignment of Mortgage at No.109, Company,a Connecticut dated April 21.,1983.Recorded June 20, 117 Corporation, 1983 as DOC.No.626413. to � American Savings Banka 20"d mz",-L• Ol SHXIA Z. 110! fs• •IZ38d441e90:9L 68f.7-8'.-lll R 8 8 0 L O T I O N 11. WHEREAS, the Eagan City Council adopted a Resolution, dated and filed February 8, 1977, as Document No. 483435 with the Dakota County Recorders and WHEREAS, said Resolution provided that the application for waiver of plat covering property described as the East 200 feet of i the South Half (Sl/2) of the North Half (Nl/2) of Government Lot 9 in Section 4, Township 27, Range 23, be approved, provided, however, + that no further building permits will be granted by the City of Eagan on said parcel or on Lot 14, Treffle Acres, it being understood that said two parcels will be combined under one ownership; and 1 WHEREAS, the Eagan City Council has now approved the plat for Prettyman Heights, which subdivision includes all of the property described above; and WHEREAS, in order to terminate the Resolution, it is necessary that the City Council adopt a Resolution rescinding said action; NOW, THEREFORE, upon motion by , seconded by , it was RESOLVED that the Resolution of the Eagan City Council dated z&IA 6%61' and recorded February 8, 1977, as Document No. 483435 be, and it hereby is, rescinded and the I City Clerk is directed to submit a certified copy of this Resolucion to the Dakota County Recorder. Those voting in favor: Those voting against; City Clerk a�� MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 31, 1989 SUBJECT: DAKOTA COUNTY YARD WASTE BAN This memo shall serve as an update on Dakota County waste abatement issues, specifically the yard waste ban which takes affect on August 1. Fortunately this sounds more ominous than it is. Homeowners should still be able to dispose of their yard wastes through their respective haulers, but it must be set out separately from the regular waste just as recyclables currently are. BACKGROUND State legislation will ban yardwaste from landfills beginning January 1, 1990. As much as 208 of the waste stream is yardwaste and compostible material so a ban has a substantial waste abatement -impact. In an effort to achieve higher abatement volumes in 1989, Dakota County moved the effective date up to August 1, 1989. This will divert much of the fall leaves from landfill disposal. The basic requirements of the County ordinance make it illegal for landfills to accept yardwaste or mixed municipal solid waste which includes yardwaste. My reading of the ordinance is that it also makes it illegal for a hauler knowingly to mix ordinary waste and'yardwaste in the same load. It is further illegal for those disposing of wastes to mix ordinary waste and yardwaste. I believe that all of these actions are misdemeanors. Obviously it will be difficult to enforce any of these provisions except at the landfill gate. Therefore, it will be necessary for the haulers to attempt to communicate with their customers and use means to encourage them to comply. The City can and will support this communication with information pieces of our own, DISCUSSION Staff has discussed this ordinance with various haulers and all have indicated that they intend to continue to accept yardwaste. To comply with the ordinance, however„ it will be necessary for them to collect such material on a separate route.. This may imply additional cost to the consumer.. As a consequence, I believe we will see an increase in the activity at our City compost site and increased interest in backyard composting. As you may recall, we rather quietly removed the City's previous prohibition of backyard composting when the solid waste ordinance was amended last year. Staff has not strongly encouraged such activity to date, but we have provided information to those requesting it on appropriate composting techniques if they choose to do it. The issue we are facing is the potential for substantially higher waste disposal costs as tipping fees increase and as state mandates require a segmentation of the waste stream. Until the industry innovates to provide for a variety of materials on a single vehicle, additional materials will require additional trips down each haulers routes. Even if a combined vehicle were developed, the location of disposal and recycling facilities throughout the county may make it cost effective for haulers to continue to use individual units for each type of material. c25"3 The operational change for customers is minimal. Yardwastes must be kept separate from other waste, but they will still be collected. If the cost of hauler disposal is perceived to be too high, however, more may choose to drop off materials at the compost site. While staff is attempting to make provision for this additional use, including identifying possible alternative sites for additional capacity, the Council may get calls about this matter because it entails change. CONCLUSION The County yardwaste ban will not eliminate yardwaste disposal service for residents. As long as people are willing to pay for separate disposal, someone will provide it. The additional cost associated with it will encourage some people to not bag their clippings or to use backyard or centralized composting alternatives. If you have any questions in this regard, please let me know. �L A istant to the City Administrator MINUTES OF REGULAR MU-.TTNG OF THt:t-AGAN CITY COUNCIL EAGAN'-'i*.:"'��A July 18, 1989 A regular meeting of the Eagan City Council was held on Tuesday, July 18, 1989, at Eagan municipal Center. Present were Mayor -­Odd"MW;bilmembers Wachter, Egan, Gustafson and McCrea. Also prq*enr v?.eTe City Administrator Tom Hedges, Public Works Director T6ffi Colbdit, Community Development Director Dale Runkle anA: City:;:# torney James Sheldon. There were no additions to the agenda. � McCrea moved, Gustafson seconded, the motion to approve the agenda. All voted in favor. July 5, 1989. Councilmember. correction on Page 8, Paragraph quested the ick" to "Notvik". Wachter moved, Egan secoii664:1 . .:::::the motion to approve the Minutes for the July 5, 1989 ti�g. q . ular Council Meeting as amended. All voted in favor. KEVIN SHEA/MULTI-FAMILY HOUSING Councilmember McCrea provided the .................... X ....... .. ........... 0' names of the parties he was 1-.'ty Administrator Tom Hedges responded that he had -not received Apy information from Mr. Shea. DEPARTMENT BEAD BUSINtgg/Fln:*'::"l')EPARTVnDTT BUDGET ADJUSTMENT/REFURBISHING OF 19S0 PUMPER TRUCK City Administrator Tom Hedges introduced the matter to the Council. Councilmember Egan commented that the 1988 funds had been reallocated and felt that an adjustment wool* cause a $15,000.00 shortfall. He felt the request needed justification and that approval would set a bad precedent. ... Fire Chief Southorn inforfaedi CoihCl that $30,000.00 had been carried over for several years. Councilmember Wachter.stated that the funds should still be available. l� or Ellison remarked that the next budget year was unpredictabld"'And that the money was in the fund balance. Councilmember Egan felt it was a misnomer to say the money was available in the fund balance as the money had Page 2/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 been reallocated. Councilmemki6x.McCrea r,j* . onded that the fund balance was not all reallocat�64�::-:--ci.ty. AO-M"histrator Tom Hedges explained the fund balance leve", Councilmember Gustafson requested clarification. Councilmember Egan stated he felt the contingency fund was preferable as the fund balance was too low already. Mayor Ellison agreed with Councilmember Egan. there was no need to X access the contingency fund aR*'::the"::":"*"**.'.'., . )s Y. .:.was .:.was not spent in 1988 and was put into the general fund. Councilmember Gustafson requeaftod th.4,:15reakdown of the available $50,000.00. Mayor Ejkj '84D'* ' . - .... i::the City should spend the current year's budget .:histrator Tom Hedges had no preference as to which furid'should %i;e'used. Councilmember Wachter stated the Council would not be depleting either fund and that the City would be receiving a lot for the money. Councilmember McCrea stated she was in favor of the contingency fund. Councilmemkii'k1:::Zgan felt it was a more appropriate fund. McCrea moved, Wachter second0d thd'motion to approve the complete refurbishment and upgra ".."ng.. No. 13 and, as a condition of the authorization,..iA � ti: -:--the 1989 budget by ............... P.'6 . allocating a part of the contj�i.qo.ncy account for the expenditure. All voted in favor. DEPARTMENT HEAD BUSINESS/CABLE City Administrator Tom Hedges informed the Council that Mike Reardon was available for queft .......... ".ft ...... 11 -member Egan said that Burnsville had great equipmen*--':::-'2th3:::-q2- t30`66d how it was working. Mr. Reardon invited all interested p4X..ties::;t:.o the Cable Commission Meeting. He also explaine4-:::the �;6*chnical aspects of the Burnsville System and stated that h6:�j o .... .:.ul&::;t'nvestigate the possibility of reducing the light the Eagan City meetings. .... CONSENT AGENDA A Personnel Items. 1. Assistant Utility Billi4g..qlerX..Tymist. .......... X` It was recommended to appt­-6Vd-::-:... : : of Enda Asleson ... as assistant utility billing clerk typist.:::... -.-.- 2. Season Park Maintenance Workers.:':':':: • Page 3/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 It was recommended to agove the hiring of Duane Barton, Jeffrey Goodrich, Tamera Johni'6h.;... Joe1.,K3;-Zi, and Michael Marxer as seasonal park mainteiaewp ers. 3. Ratification of Collective Bargaining Agreement. It was recommended to approve the ratification of the Collective Bargaining Agreemept;.; =s;:petwaen the City of Eagan and the Police Dispatchers' Unit .. iz i ....... ieatt :: 989, 1990 and 1991. 4. Seasonal Utility Maintenance Woikers (informational). The Council was informed ,.q#.,:t:hxiq` of Steven Wilke and James Price as seasonal utilr;:}itaintiejaiic2 workers. 5. Seasonal Park Maintenance Worker (informational). ' The Council was informed of the hiring of Steve Schroeder as a seasonal park maintenance worker. B. Plumbers Licenses A'n' , 4te.r Softener License. It was recommended to approve the`§even plumber's licenses and one water softener license as or"ented::::<:;::::>: C. i Hotel. It was recommended to approve Mr. Kevin McPherson as the holder of a liquor license at the Compri Hotel. D. Designation of Business Representative Seneca Odor Committee. It was recommended to appoint John We$t:ley as the business representative to the Seneca Odor Control Advisory Committee. E. Receive Resignation of Caridfce GikF y as a Member of the Economic Development Commission. "" Councilmember Gustafson asked if a replacement had been found. City Administrator Tom Hedges stated staff was looking for direction from the Council and pointed out;::that usually a replacement was found by category. Councilpiniber Gustafson directed the staff to take the appropriate action td'Yeplace Candice Garry as a member of the Econc!!!, 13®veki? rit Commission. It was recommended to accept the resignation of Candice Garry of the Economic Development Commissii�ift; Page 4/EAGAN CITY COUNCIL MEETING MINU'T'ES July 18, 1989 F. It was recommended to receiW:?tie`"Feasibility Report for Project 575 (James Court - Street Lights) and schedule a public hearing to be held on August 15, 1989. It was recommended to approve;. a pl"s and specifications for Contract 89-16 (Sterns Addition •an4>:'Coven t Pass) and authorize the advertisement for a bid oiti'zig 't4:::::field at 10:30 a.m. , Friday, August 11, 1989. H. It was recommended to receive the bids for Contract 89-09 (Johnny Cake Ridge Road - stYCS:ignd. trailways (to the lowest responsible bidder and authorize"''t3ie:;:Ulaypx and City Clerk to execute all related documents. I. Park Clif Rate. Councilmember Wachter requested item I be pulled from the Consent Agenda for further discussion by the Council. J. No. It was recommended t 88-28 (Fire Station No. 1 and City Clerk to execute R. C - Streets). o approve Change Or - Parking ?dot) aM all relate;3:docuYp er No. 1 to Contract authorize the Mayor Councilmember Egan requested clarification regarding Change Order No. 1. Public Works Director Tom Co13?ert informed the Council that the Developer was concerned regarding.-'jhe access aesthetics. He stated that the funds would have come from the trunk fund anyway. Mayor Ellison asked i ;g;;t4tXc mat could be used instead. Public Works Director`•:+EEuit::CA�:13CiYti:::replied that it had been tried previously and it did not work. He stated the matter could be investigated if necessary. It was recommended to approve Change Order No. 1 to Contract 89-02 (Clearview Addition - Streets) for a bituminous access Page 5/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 drive to the Woodlands Storm':tPwer Lift.Sttion and authorize the Mayor and City Clerk to execu'8.:::d...re3ae3 documents. L. Project 416, Receive Fiffii-l"19sessment Roll/Order Public Hearing (O'Neill Drive - Streets). It was recommended to receive the final assessment roll for Project 416 (O'Neill Drive-;S:treet&)...-and:::schedule a final assessment hearing to be 1989. M. It was recommended to ag6 Eve a >YO.Vol�ution requesting MN DOT Cost Participation for Project 543R (Sibley Hills Drive Frontage Road). .' N. Project 557, Receive Assessment Roll/Schedule Public Hearing (Mallard Park 3rd Addition). It was recommended to re6 ve;:::-he...final assessment roll for Project 557 (Mallard Park 3rd A�"ditYat::*:S.treet Lights) and schedule a public hearing to be hold oiY August 15, 1989. 0. It was recommended to receive the final assessment roll for Project 427 (Yankee Doodle Road - Streets) and schedule a final assessment hearing to be held on August 15, 1989. P. It was recommended to receive thb finial assessment roll for Project 349 (East Blue Gentian Road: .?:Streeits) and schedule a final assessment hearing to be held'rs3i% AuglSi 15, 1989. Wachter moved, Gustafson seconded, the motion to approve the Consent Agenda items (except Item I - Park Cliff Storm Sewer to Adjust Supplemental Assessment Rate) as presented, and authorized their implementation. All voted in favor. ::... PARR CLIFF STORM SEWER/ADJUST AS89SSMENT RATE City Administrator Tom He, gas.:. -n. brtii4'the Council that either option presented to the Council was accepta)ale. Councilmember Egan commented that the property owners did beni°X�t by at least $2,500.00. Mayor Ellison stated that option -:':2 was the option that was adopted. Councilmember Gustafson stated he was in favor of option 1 and agreed with Mr. VanOverbeke's recommendation. City Page 6/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 Administrator Tom Hedges remazked that thQ're had been benefit to the properties and that staff:::valuated::ifased upon the original motion. Mayor Ellison pointed osy:;:::e City had incurred legal costs. He felt that option 2 was fa -Ir''" Egan moved, Wachter seconded, the motion to approve option 2 as outlined in the memo dated July 11, 1989, as prepared by the Director of Finance regarding:.adl.U,s.tmept:;.nf.; the supplemental assessment rate for the Park:'.. tr 1?."' m Iver improvements. Wachter, Ellison, Egan and McCrea'vfiCed its?:;favor; Gustafson voted against. VACATE PUBLIC RIGA.T :0Y::' AY/]?32if>T KNOB ROAD FRONTAGE iS}lA : f�A2tA'f ::#tILLS ) City Administrator Tom Hedges updated the Council on the matter. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve th�,.::::Vacation of a portion of public right of way for Pilot Knob Reiad::ptontage Road (Fairway Hills) and authorize the Mayor and CityC1erTcQ::::pteaute all related documents subject to the retention of underlying iitlkty easement rights. All voted in favor. PROJECT 570/CLIFF:RIFSGE"ADDITION/STORM SEWER City Administrator Tom Hedges summarized the background information for the Council and distributed a letter dated July 17, 1989, which he had received from the developer requesting private installation. Jerry Bourdon (Bonestroo):}areae . :dfails of Project 570 - Storm Sewer. He informed the Counoi:l that: -:the total project costs were approximately $110,000.00. In cOwiparisim, he stated that the developer's cost would be approximat y $61�000.00 if improvements were installed only in the developer?* area":' "::':He further stated that the trunk fund would have a deficit of $48;dd0.00. Public Works Director Tom Colbert recommended allowing the developer to install its own improvements. Councilmember Egan asked if the project was 50% assessable. Mr. Colbert responded yes. Egan asked if the developer would assume the total financial cost. Mr. Colbert responded it was his understanding`t'hat the developer would assume the total financial:convenience factors. Councilmember Wachter had conaerris:::egarc3rig'the developer meeting the required specifications. Mr. Colbert stated that City staff would monitor, inspect and review the impr6V.'0`ments. Tom Tweeten, 4550 Oak Chase, was pleasantly surprised with the quality of the work. He asked if the developer would use its Page 7/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 ............................. ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. ................. ..... ........... .... ..... ..... plans or the City consultant 1�k plans. Pu�bj--i c Works Director Tom Colbert stated that the devell*�&r,...woujO.L:446d. to conform to the feasibility report. Mr. Tweetdii:J-'i�t.6r�4:ihe Council that speed in the installation of the impr6 it"in"i6ii was important. Tim Louie, 4538 Oak Chase, had concerns with the placement of the utilities. He requested the lines be moved ten to fifteen feet in order to save his . ............. .......if .... : ............ ..... Councilmember McCrea asked if:::t wer ' ii:::�possible to move the line ten to fifteen feet. Public Works. Diib"Ittor Tom Colbert stated that the developer would have to cdikur with the move. McCrea commented that the City shoula.e=TYthe moving of the utility lines. McCrea moved, Egan seconded, the motion to close the public hearing and deny Project 570 (Cliff Ridge Addition - Storm sewer), whft:h denial was at the developer's request, as it will privately construct the improvements. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted::::against. Councilmember McCrea infoxmik:�:,it­­ hat strong direction should be given to the developer:::to alt6f.the location of the utility lines to save the trees 6ti property. City Administrator Tom Hedges stated.$��:j. ii-1-d"s'end a letter to the developer with the Council's :r.1666ii6haations. PROJECT 564/RAHNCLIFF SECOND ADDITION - STREET AND UTILITIES City Administrator Tom Hedges introduced the matter to the Council. Jim Bulberg (SEH) presented the project report to the Council. He also presented thek:-:VX.o 0004-:-:azzessments and the revenue - :: .......... impact. He recommended Lake as a change order. He informed the Council that::t-)ae woX.X on the project would begin on July 19, 1989. Jeff Lindgren (owns Outlot F as ..:-:& par'.t.&r) stated he felt that all benefited users were not being asg­tissed. He commented that the traffic was being generated by the land to the east. He questioned the proposed striping and road widening. Mr. Eulberg stated the widening was only a couple of feet. Mr. Lindgren objected to the assessment as he felt there -:-.,was no benefit to the property. Mayor Ellison asked why was not included and further asked why there was a ::t -ex* nft- Public Works Director Tom Colbert responded that Rahncli-ff First should be included, but that they had not been noti6z"d'`:- He recommended continuing the meeting to provide proper notice. He pointed out that the properties generate equal traffic and that there was no Page 8/EAGAN CITY COUNCIL MEETING MINUTES July 18, 1989 differentiating between properties that.Ati6 commercial. Councilmember Egan recapped a'::- :1 --story ot':::t'he land in the area. John Perioti (for Cedar Ridge:':CfiY'istian Church) objected to the assessments. He stated the church had not benefited from the improvements and that the road was used by the church only on Sundays. He further pointed out that the church could not afford the amount of the Councilmember Wachter stated t in:'::'he past the Council had not made exceptions for churchs. Cou1ficilm6t6er Egan stated that commercial property was assessed ag:A groU.,p::and pointed out that it was not an assessment hearing..;::.:;;::::;':;::,. McCrea moved, Gustafson seconded;`'�Ke motion to continue to the August 15, 1989 City Council Meeting, Project 564 (Rahncliff 2nd Addition - Streets and Utilities) to allow proper noO.fication to all benefited property owners. All voted in favor. PROJECT 443/E7TiiAL. ASSESSMENT HEARING O' NEIL PONDINO::FP3!IENT ACQUISITION City Administrator Tom Hedges suiivaarzgd the background information for the Council. CouiWilmembe�:tgan questioned if it were fair to redistribute the assessme-n-ts: Mr. Colbert replied affirmatively, stating that it:::i'h-:>1)Aen analyzed to make certain the property could handle the:':as'sessment. He pointed out that proper records for assessments should be kept and recommended the adoption of the final assessment roll as presented and then an authorization to reallocate. Gustafson moved Wachter::: ' ' �E?id.;;;Cn;:.motion to close the public hearing and approve the':iia3 assetssh#ent roll for Project 443 (O'Neil Ponding Easement.Acquisi;t;ion) and authorize the certification to Dakota County. All :Cited iii: favor. Gustafson moved, Wachter seconded, the::Motion to approve the reallocation of the financial obligations as'requested by the Petitioner. All voted in favor. RECONSIDERATION/STOP SIGN/MALLARD DRIVE AND MALLARD CIRCLE City Administrator Tom Hedges presente4#:background information for the Council. Kirk Reilly (representatiX46:::' ot.:'rie3i)ft;6rhood), 1634 Mallard recapped the history of the Petition;, He informed the Council that there was a speeding problem i.i the neighborhood. Public Works Director Tom Colbert reported::Aat 55 vehicles had been observed by the Police Department; that 3 had been stopped and two had been ticketed. Mr. Reilly requested the stop signs to Page 21/EAGAN CITY COUNCIL MEETING MINUTES •- July 18, 1989 City Administrator Tom Diffley Road would be closed November 1st. Public Works Director Tom C Avenue bids would be received on no road construction would occur Councilmember Wachter recp! ordinance regarding air condit2li Colbert stated that staff would information. There was further i and the well project. Councilmen a restriction of private wells,; Church matter was a unique situ', s informed the Council that 20th of.;:uly and reopened on 1b t'stated that .the Lexington August 15th and predicted that this year. o propose a water use Works Director Tom Council with the garding the water use ,n stated he agreed with All Saints Lutheran Wachter moved, Gustafson seconded, the motion to approve a study regarding a water use policy. All voted in favor. Councilmember Gustafson stated Council decisions in the recet► ;:pas that he felt the Williams Pipelii: issue from the church application."' feelings regarding the Tesseract::,9.c interfering with a decision by the discussion regarding the Tessera!#>: he had concerns regarding some .. As an example he pointed out gilled wells were a separate fe::aSq•.stated he felt personal Loot "marketing were :ouacl:>'i'here was further Mayor Ellison informed tt Council that the Governor Task Force would be meeting on Thursday, July 20, 1989. CHECKLISTS Councilmember Wachter had:::.i$u�iSti�s::.:Zeq.arding the bills for the television, shade tree and Fi ke-:patb City Administrator Tom Hedges stated staff would investigate the matter. Wachter moved, Gustafson seconded, the:motion to approve the checklist dated July 18, 1989, in the amou#Lt:of $1,234,933.45. All voted in favor. ADJOURNMENT Wachter moved, McCrea seconded, the mat -Jon to adjourn the July 18, 1989 City Council Meeting at 11:05 p.m+: "THE MORNING AFTER" "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on August 1, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. l DEPARTMENT HEAD BUSINESS Direction was given to further negotiate an acquisition of Lot 3, Block 2 of Kensington Addition, a one-half acre parcel on the north side of Cambridge Court from First Financial Corporation. Action was given to the selection of Schwart/Weber Architects to perform design/construction of certain park shelter buildings in 1990 and authorization of a time line and RFP architectural process to select a new architectural firm for Blackhawk Park project. The General and Workers Compensation Insurance renewal for July 1, 1989 through June 30, 1990 was approved. CONSENT AGENDA The hiring of David Stubstad as a police officer effective September 1, 1989 was approved. The hiring of a receptionist yet to be named was approved, subject to successful completion of the City's physical examination requirement. The gambling license renewal application submitted by Eagan Lions Club for sale of pull -tabs at Cedarvale Lanes was approved. Approval was given to the resolution approving and authorizing the execution of a second supplemental trust indenture - $20,460,000 Single Family Mortgage Revenue Bonds Series 1980. The 1989 General Fund Budget Adjustments were approved. Approval was given to a senior citizen deferment on Project 520 which installed the trunk utility improvements in the Manor Lake Addition for Ella and Otto Holz of 4665 Robert Trail South. The final payment of $11,311 for Contract 88-18 to Astleford Construction, Inc. was approved. A one year extension of an agreement providing janitorial and general clean-up within city parks by Dakota Inc. on an as -needed basis was approved. The final plat for Cray 2nd Addition was continued until the August 15 meeting. -tL 13. The seventh and final payment of Contract 68-31 (Well No. 12) in the amount of $19,153.70 to Keys Well Drilling, Inc. was approved and the project was accepted for perpetual maintenance subject to contractual warranty provisions. 14. The 1990 Budget for the Blackdog Lake Watershed Management Organization was approved. 15. The Petition for Project 582 (Manor Lake 3rd & 4th Addition -Trunk Utilities) was received and authorization given to prepare a feasibility 18. The final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) was received and a public hearing scheduled for September 5. 19. The feasibility report for Project 577 (Rustin Road -Street Improvement) was received and a public hearing scheduled for September 5. 20. Contract 88-S was accepted subject to appropriate contract warranty provisions. 21. Bids for Contract 89-01 (1989 Sealcoating) were received and a modified contract awarded to Astech Inc. for the alternate bid not to exceed $150,000. 22. The specs for Vehicle #136 (Street Maintenance Crack Sealer/Melter/Appli- cator) were approved and authorization given for bids to open Friday, August 25 at 10:00 a.m. PUBLIC HEARINGS 23. The public hearing was closed and the utility easement within the Kingswood 2nd Addition was vacated. 24. The public hearing for vacating a portion of Cedarvale Boulevard was continued to August 15. 25. The public hearing for Project 571 (Cray Addition -Storm Sewer) was continued to August 15. 26. The public hearing was closed and approval given to Project 572 (Lexington Way -Street 6 Trunk Water Main) with a cul-de-sac on the North end. 27. The public hearing to consider the vacation of abandoned County right-of- way (Diffley frontage road -west of Pilot Knob Rd) was continued to September 5. report. 16. The final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets 6 Utilities) was received and a public hearing scheduled for September 5. 17. The final assessment roll for Project 512R (Cutter's Ridge Addition - Utilities) was received and a public hearing scheduled for September 5. 18. The final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) was received and a public hearing scheduled for September 5. 19. The feasibility report for Project 577 (Rustin Road -Street Improvement) was received and a public hearing scheduled for September 5. 20. Contract 88-S was accepted subject to appropriate contract warranty provisions. 21. Bids for Contract 89-01 (1989 Sealcoating) were received and a modified contract awarded to Astech Inc. for the alternate bid not to exceed $150,000. 22. The specs for Vehicle #136 (Street Maintenance Crack Sealer/Melter/Appli- cator) were approved and authorization given for bids to open Friday, August 25 at 10:00 a.m. PUBLIC HEARINGS 23. The public hearing was closed and the utility easement within the Kingswood 2nd Addition was vacated. 24. The public hearing for vacating a portion of Cedarvale Boulevard was continued to August 15. 25. The public hearing for Project 571 (Cray Addition -Storm Sewer) was continued to August 15. 26. The public hearing was closed and approval given to Project 572 (Lexington Way -Street 6 Trunk Water Main) with a cul-de-sac on the North end. 27. The public hearing to consider the vacation of abandoned County right-of- way (Diffley frontage road -west of Pilot Knob Rd) was continued to September 5. OLD BUSINESS 28. Action for the Bark Center Addition was taken to continue until the August 15 City Council meeting, 1) Comprehensive Guide Plan Amendment changing the land use designation from D -III to CPD, 2) rezoning from AG to a PD, 3) a preliminary plat consisting of six lots and 4) a conditional use permit for pylon signs located along the North side of Cliff Road. 29. The preliminary plat entitled Stryker Addition consisting of 2 lots on 3.88 CSC zoned acres with existing buildings to be located at the South intersection of Beau D'Rue Drive and Rahn Road was approved. 30. Betty Bassett addressed the City Council regarding concerns due to the Seneca Plant expansion and action was taken for City staff to address the many issues raised by the citizens. NEW BUSINESS n 31. A motion to support the scenic easement (HWCC Seneca site) was denied to allow processing of an application by HER for the same location. 32. A special use permit for Reliance Real Estate for a temporary advertising sign located at the Northeast k of Section 19 was approved. 33. A special use permit for Reliance Real Estate for a temporary advertising sign located North of Highway 13 and Section 19 was approved. 34. A conditional use permit for a freeway pylon sign as requested by Fairview Development Company to be located adjacent to I -35E in the Southwest corner of the lot was approved. / 35. A conditional use permit requested by Hoovestal, Inc. to allow the sale and lease of used trucks and cars as a secondary use on Lots 3 and 4, Eagandale Center Industrial Park #2 was approved. 36. A preliminary plat for 14.5 light industrial acres for an office building use as submitted by West Publishing Company located North of Wescott Road and West of Highway 149 was approved. 37. A preliminary plat consisting of 12.68 public facility acres for a church located along Gloria Drive, West of Nichols Road entitled Peaceful Heights 2nd Addition as requested by Peace Reformed Church was approved. 38. The amendment to the City Code, Chapter 13 for adoption of the Park and Trail Dedication policy was continued for reviewal by the Development Task .Force until the September 19 meeting. 39. The developer's request for City/County financial participation for the Fairway Hills frontage road along Pilot Knob: Road between Camelback Drive and Interlachen Boulevard was presented and referred back to City staff with recommendation scheduled by the City Council at the September 5 meeting. D24t, 40. The resolution for the re -issuance of multi -family housing revenue bonds to refinance the Forest Ridge Apartment Project was approved. *FW_ 41 42 43 n.� 44 ADMINISTRATIVE AGENDA Approval was given to the sale of the 1977 Corvette that was declared surplus property to the high bidder, Mr. Bill ..Pliita,'in the amount of $5,009. Denial was given for a black and white ad to be placed in Business Ink magazine. A resolution rescinding Document 483435, the January 4, 1977 action of the City Council regarding building permits for Lot 14, Treffle Acres was approved. A request by Joe Miller Homes to allow model homes for the Cliff Ridge development was presented, however, no action was taken. All bills were approved and ordered paid. ,/r