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09/05/1989 - City Council Regular"THE MORNING AFTER" September 5, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on September 5, 1989. There are no details reported in this account; however, the action taken by the City Council on each of, the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS 1. A request to Dakota County to reinstate "No Parking" signs on Cliff Road 1264— adjacent to Holland Park and designate a no parking area on the north side of Cliff Road approximately mid -way between Oak Chase Road and Lexington Avenue was approved. 2. The petition was received and the request denied for stop signs at the intersection of Deer Hills Trail and Eagle Crest Drive. 3. Direction was given to the City Administrator and Director of Parks and •�^� Recreation to prepare a purchase agreement for the purchase of Lot 3, Block 2, Kensington Place located within the proposed Lexington/Diffley proposed athletic complex to be purchased from First Financial Corporation. CONSENT AGENDA SL4. Approval was given to the hiring of Daniel Mason as a Community Service Officer for the Police Department upon successful completion of the City's psychological examination requirement. 5. Approval was given to the hiring of Kimberly Eggers as a Planning Intern for the Community Development Department. . 6. Approval was given to plumbers licenses for the following: City View Plumbing & Heating Dave Dempsey Plumbing Donahue Mechanical Inc. Gorman-Oien Mechanical Inc. Peterson 6 Pinney Hardware Co., Inc. St. Paul Plumbing 6, Heating Bill George Plumbing 7. The non -intoxicating malt liquor license for Donald Naderman for the new Pizza Hut at 2130 Cliff Road was approved. 8. The final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition -Utilities) was received and a public hearing scheduled for October 3. 9. The final assessment roll for Project 529 (Cliff Lake Center -Streets 6 Utilities) was received and a public hearing scheduled for October 3. 10. Bids were received for Unit #136 (Cracksealer Melter) and authorization •ice was given for the acquisition of a demonstration unit from McQueen Equipment, Inc. in the amount of $14,075. �e 11. The final assessment roll for Project 536 (South Oaks Addition-Streets & Utilities) was received and a public hearing scheduled for October 3. 12. The final assessment roll for Project 463 (East Cliff Road -Streets) was received and a public hearing scheduled for October 3. 13. The final assessment roll was received for Project 525 (Woodlands Addition- Trunk Storm Sewer) and a public hearing scheduled for October 3. 14. Change Order for Contract 89-01 for the sealcoating of certain City owned parking lots was approved. INY 15. Change Order #1 to Contract 89-12 in the amount of $6,500 for the installation of drain tile at the tennis courts at Northview Park was approved. 16. Plans and specs for Contract 89-20 (hockey rink lighting at Bridle Ridge •••��+rJr�''i� +' Park and advertisement for bids) were approved. 0177N 17. The resignation of Corey Cleveland as a member of the Economic Development ww^^ Commission was accepted and direction was given to the City Administrator for an appointment to fill the vacancy. 18. The final plat for Kingswood 4th Addition was approved as presented. 19. The final plat for Woodlands 3rd Addition was approved as presented. . 20. The final plat for Manor lake 2nd Addition was continued to the September 19, 1989 City Council meeting. 21. The final for Sterns Addition plat was approved as presented. 22. Approval was given to the extension of the preliminary plat for Country Hollow 2nd Addition until November 30, 1989. �. 23. The final plat for Suncrest Addition was approved as presented: 24. Change Order #1 to Contract 89-04 (Timberline & Well #1 -Repairs) was approved. 25. The 7th and final pay request for Contract 88-29 (Well #13) was approved and acceptance for perpetual maintenance subject to warranty provisions was authorized. 26. The petition was received and authorization given to prepare a feasibility report for Project 583 (Park Center -Streets 6 Utilities). w w w w w 27. Action was taken to approve a resolution authorizing, the use of Optical Scan Voting equipment. Lalair 28. Action was taken to approve an extension for recording the final plat of Kingswood 2nd Addition until the September 30 City Council meeting. 29. Action was taken to initiate the condemnation for certain easements to ii9" allow public improvements in the Sterns Addition. PUBLIC HEARINGS 30. The public hearing was closed and approval given to the final assessment roll for Project 495 (Dallas Development 2nd Addition -Streets & Utilities). 31. The public hearing was closed and approval given to the final assessment roll for Project 512R (Cutter's Ridge 2nd Addition -Sanitary and Storm Sewer) . ( _ 32. The public hearing was closed and approval given to the final assessment �Pr roll for Project 554 (General Electric Supply Company -Storm Sewer). 33. The public hearing was closed and Project 577 (Austen Road -Street Improvements) was approved. 34. The public hearing was closed and approval given to vacate the abandoned County Road 30 right-of-way for the Diffley Road frontage road -west of Pilot Knob Road. 35. The public hearing was closed and approval given to vacate the drainage and utility easements within the Cray lst Addition. 36. The public hearing was closed and approval given to Project 571 (Cray Addition -Storm Sewer). Authorization was given to prepare detailed plans and specs. 37. The public hearing was closed and the final assessment roll for Project 427 (Yankee Doodle Road -Streets & Utilities) was approved except for paracel 10-41300-121-01. 38. The public hearing to vacate a portion of Cedarvale Boulevard was continued to October 3rd. / ( 39. The public hearing was closed and approval given to vacate the access P� easement across Lots 12 and 13, Block 1, Blackhawk Ponds Addition. 40. The public hearing for the vacation of drainage and utility easements within the Pondview Addition was continued until September 19. OLD BUSINESS 41. A storm water ponding requirement for the Kennealy Addition preliminary plat application was determined at 5.2 acre feet. o 42. Consideration was given to a request by the developer of Fairway Hills lst and 2nd Addition -Frontage Road for cost participation by the City/County for improvements. 43 Jt ®• 44 45 46 NEW BUSINESS A request by Dan Dolan, representing the Eagan 40 Limited Partnership, to abate assessments levied under Waiver 220, referenced as Stratford Oaks Project, was denied, however, interest and penalties were waived. A request by Dan Dolan, representing the Eagan 40 Limited Partnership, to abate assessments levied against Waiver 263 was approved with the condition that a reassessment be considered with subsequent development proposals. The ordinance amendment to City Code'Chapter 11 that allows for interim use permits was approved. Brittany Estates, Inc. was declared in default of the Development Agreement for the Brittany 10th Addition and City staff was authorized to proceed with appropriate action. Action was taken to. consider the use of T.I.F. for the U.S. Memories proposal if and when an application is received to develop within the City. Action was taken to remove the Burger King sign. All bills were approved and ordered paid. AGENDA REGULAR MEETING KAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 5, 1989 6:30 P.M. I. 6:30 - ROLL CALL 3 PLEDGE OF ALLEGIANCE ,(BLUE) 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES.(BLUE), 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) POLICE DEPARTMENT No Parking on Cliff Road near Holland Park PUBLIC WORKS DEPARTMENT Stop Sign Petition (Deer Hills Trail 6 Eagle Crest Drive) PARKS & RECREATION DEPARTMENT Authorize Purchase of Parkland from First Financial Corporation Within Lexington/Diffley Site, Lot 3, Block 2, Kensington Place 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS LICENSES, Plumbers LICENSE, On -Sale Beer for Pizza Hut, 2130 Cliff Road (Formerly Rocky Rococos) PROJECT 539, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 10th - Utilities) PROJECT 529, Receive Final Assessment Roll/Order Public Hearing (Cliff Lake Center - Streets and Utilities) VEHICLE #136, Receive Bids/Authorize Purchase (Public Works Maintenance - Cracksealer Melter) PROJECT 536, Receive Final Assessment Roll/Order Public Hearing (South Oaks Addition - Streets & Utilities) PROJECT 463, Receive Final Assessment Roll/Order Public Hearing (East Cliff Road - Streets) PROJECT 525, Receive Final Assessment Roll/Order Public Hearing (Woodlands Trunk Storm Sewer) CONTRACT 89-01, Approve Change Order, Sealcoating of Trails CONTRACT 89-12, Approve Change Order #1, Tennis Court - Northview Park Field Fencing CONTRACT 89-20, Approve Plans and Specifications/Authorize Advertisement for Bids, Hockey Rink Lighting RESIGNATION, Corey Cleveland, Economic Development Commission FINAL PLAT, Kingswood 4th Addition FINAL PLAT, Woodlands 3rd Addition FINAL PLAT, Manor Lake 2nd Addition FINAL PLAT, Sterns Addition EXTENSION of Preliminary Plat/Final Plat, Country Hollow 2nd Addition FINAL PIAT, Suncrest Addition CONTRACT 89-04, Approve Change Order #1 (Timberline 6 Well #1 - Repairs) CONTRACT 89-29, Final Payment/Acceptance (Well #13) PROJECT 583, Receive Petition/Authorize Feasibility Report (Park Center) V. 7:00 - PUBLIC HEARINGS (SALMON) 44A. PROJECT 495, Final Assessment Roll, Dallas Development 2nd - Streets and Utilities ?14(.# B. PROJECT 512R, Cutter's Ridge -Utilities q gC. PROJECT 554, Final Assessment Roll, General Electric Supply Company - Storm Sewer S� D PROJECT 577, Rustin Road P O� E. VACATE Abandoned County Right-of-Way - Diffley Road West of Pilot Knob Road F. VACATE Utility Easement, Cray Addition a G. PROJECT 571, Cray Research - Storm Sewer P�0 H. PROJECT 427, Final Assessment Roll, Yankee Doodle Road - Streets ,�, I. VACATE a Portion of Public Right-of-Way - Cedarvale Boulevard g( J. VACATE Access Easement for Lots 12 6 13, Block 1, Blackhawk Pond Addition 3 K. VACATE Drainage and Utility Easement on Lot 1, Block 2, Pondview, Addition VI. OLD BUSINESS (ORCHID) 1' $SQA. REQUEST for Cost Participation, Fairway Hills lst and 2nd Additions - Frontage Road CISB. KENNEALLY ADDITION, Preliminary Plat Storm Sewer Ponding Requirements P VII. NEW BUSINESS (TAN) \oa A REQUEST Special Assessment Abatement, Stratford Oaks OM B. ORDINANCE AMENDMENT, City of Eagan, to Chapter ll/Zoning Ordinance to Allow for f ((jInterim Use Permits CC DECLARATION of Default of Development Agreement, Brittany 10th Addition VIII. ADDITIONAL ITEMS (GOLD) I%. ADMINISTRATIVE AGENDA (GREEN) B. VISITORS TO BE HEARD (for those persons not on agenda) %I. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1l 1989 SUBJECT: AGENDA INFORMATION FOR MEETING 5p 1989 CITY COUNCIL After approval is given to the September 5, 1989 agenda and regular meeting minutes for the August 15, 1989 meeting, the following items are in order for consideration. A. POLICE DEPARTMENT Item 1. No Parking on Cliff Road Near Holland Park -The City Administrator received a letter from the Dakota County Park Director addressing the number and location of No Parking signs on Cliff Road adjacent to Holland Lake. The letter, a copy is attached on page, was referred to Chief of Police Geagan for his review. The Police Department see the attached memo from Chief Geagan referenced as page LCL, is requesting the City Council to require "No Parking" signs on Cliff Road near Holland Park and further that the no parking area be expanded on the north side of Cliff Road to approximately mid -way between Oak Chase Road and Lexington Avenue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request to Dakota County to reinstate "No Parking" signs on Cliff Road adjacent to Holland Park and further that the County designate a no parking area on the north side of Cliff Road to approximately mid -way between Oak Chase Road and Lexington Avenue. DAKOTA COUNTY PARKS DEPARTMENT 16127,437 66M 8500 127TH STREET EAST - HASTINGS, MINNESOTA 55033 July 12, 1989, �7 ^ Mr. Thomas L. Hedges City Administrator Municipal Building 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: Each summer there is a large number of people who bring inflatable devices to Holland Lake and float on the water to order to keep cool. This has been,especially true during the hot summer of 1988 and during the very hot days of 1989. Holland Lake is not designated a swimming lake byy the County and we do not encourage this activity, but do not attempt to stop it either. We have a small (30 car) gravel parking lot for the picnic area which quickly becomes full and overflowing out onto Cliff Road when swimmers descend upon the area. Parking on Cliff Road actually becomes.a traffic hazard. Approximately 4years ago Eagan requested that the County place No Parking signs on the .north side of Cliff Road, adjacent to Holland Lake. This was completed by the Dakota County Highway Department. Placement of the signs made it possible for the Eagan Police Department to tag and tow vehicles parked in the No Parking area, thereby reducing a traffic hazard. Some of the No Parkingtsigns have been removed and/or lost due to one reason or another over the past few years. Officers of the Eagan Police Department have requested that the missing signs be replaced and if possible, that the arca to be signed be expanded on the north side of Cliff road, westerly, Past Lexington Avenue. 1 have made this request known to Mr. Pete Sorenson, the Dakota County Traffic Engineer. Pete said he would replace the missing signs, however, he cannot expand the signed area without a request to do so from the Eagan City Council. If Eagan is desirous of the expansion of the No Parking Zone along the north side of Cliff Road; please ask your City Council to make such a request. Any such request could be sent to me and I will see that it goes to the affected department. Yours ruly, Charles Lowery, Direc �r Dakota County Park§ epartment CL/sw cc: Gary Erickson, Physical Development Director Sgt. Ken Aszmann, Eagan Police Department Pete Sorenson, County Traffic Engineer AN EQUAL OPPORTUNITY EMPLOYER ®F police dp KR44EM D. ASiMANN Omalb CaPlaln 3830. Pilot Knob Rood VK: ELLISON M� Eagan, Minnesota 55122 Phone: (612) 454-3900 THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Co fl Membea THOMAS HEDGES UIV Ac N Rola EUGENE VAN OVERBEKE Clly Clap August 18, 1989 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLIO SUBJECT: NO PARKING ON CLIFF ROAD NEAR HOLLAND PARR The Eagan Police Department would like the Eagan City Council to request the 'No Parking' signs on Cliff Road near Holland Park that had been removed by vandals over the past few years be replaced. Because of the hazards existing in that area, with the use of Holland Lake,, we are also requesting the no parking area be expanded on the North side of Cliff Road to approximately midway between Oak Chase Road and Lexington. Patrick J. Geagan Chief of Police PJG:lb Attachment 3 THE LONE OAK TREE.. AHE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Packet September 5, 1989 City Council Meeting B. PUBLIC WORKS Item 1. stop sign Pet on (Deerhills Trail 8 Eagle Crest Drive)- -Enclosed on page is a petition received from 30 property owners requesting the installation of an "all way" stop at the intersection of Deerhills Trail and Eagle Crest Drive in the Meadowlands development just west of Blackhawk Road. Enclosed on page —4- is a map showing the petitioning property owners in relation to the referenced intersection. . In response to this petition, the following issues were investigated to determine if this petitioned stop sign was warranted in accordance with the Manual On Uniform Traffic Control Devices (MUTCD) as adopted by the City for evaluating the merits and necessity of stop sign installations at various locations: 1. An accident analysis was performed resulting in no record of any accidents occurring at this intersection. (See attached memo from Police Department on page 2. A speed study was performed with an unmarked squad car on August 14, 15 and 16 during the morning and evening rush hours. Results of this speed survey indicate that of the 19.1 vehicles observed, only S exceeded the 30 mph speed limit with the highest being recorded at 35 mph. This does not indicate that a speed problem exists n this area (See memo from Police Chief on pages through Z.) 3. On August 14-16, 1989, traffic counts were taken for this intersection indicating that the majority of the traffic uses Deerhills Trail with Eagle Crest Drive being the minor street at this intersection. These traffic volumes do not meet any warrants necessitating the installation of a stop sign to allow traffic to progress through this intersection. 4. A visual inspection was performed to determine the extent of clear site distances. The configuration of the intersecting streets provide good site distance in all directions allowing adequate time for motorists to observe and react to any obstacle in the roadway. As a result of this analysis, the staff cannot find any warrant that could be met to justify the installation of stop signs at this intersection. Therefore, it is recommended that this petition be received and the request be denied. Enclosed on pages _J_L and if- is a letter sent to the initiator of the petition further explaining staff's position and notifying them of scheduled Council consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and deny the request for stop signs at the intersection of Deerhills Trail and Eagle Crest Drive. IFA PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on A -U, NU4 M (5-u") at the intersection with I/We, request this installation for the following reasons: -,�Uv aAws —TYO-i �s -the WWI &5bz&— adt L 0- 2. �k a+D, N161 l l d '(CALLC-9- -(:k - tyc rve+EbM1 y huDCL. 3. _'�LnCjt this ayeo- ctom YCt have std-tvji9-1',s OJUX �, LK." On -t�-J 4htClam. 4. I-rj ojtp CL4-Y\- NULLICk I for *1V tjU1dkfYL nq I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. F -W- F A� PAL FA �%Al2V j2W M - CC ail►G\�n�� aQv�\y, Z r orae`°J^ / �/� \0 __1ine or 1/2 of 0O°Kayo of SWestee.29 T 27. R 23 NE /4 NO -23'!59'W (East line of E 1/2 of' NW 1/d / of 5ec. 29.727 14' 14 40--00 6a°° + ` 711 kI �u I noa A ---1s 3i �3 yo.aDe.ei u u � 7 6mL iits a-A_N :17 -u i�000j 1'�sasr r f H; T ;� a\•\ W N —s 293612-e EM � Y o m �24-65 I e 0 a 70--� +� 65oom1 +1 s.►'MI".o\ 11N`':`` :::d�:. m ��., �� w� TA�.�/ n \� �. J3 RESIDENTS PETITIONING FOR STOP SIGNS A 48 HR. COUNT '1029 B 48 HR. COUNT 1431) C 48 HR. COUNT -970,' T z4 i O• Il• S2'34" - i I Ik I ()N! .3 jC�;� I� I �• �u x I r f l IN r I IZ ------ i_60_}IJ LG 1 2�I I• 1 �^y`, �ss.0o� 460.00 ! yo jC�;� I� I �• �u x 'K LS CYgC Illlh police department PATRICK J. GFAC-•NJ Chief ofKENNIETH Fblm opera" "Ccoah 4NN 3830 Pilot Knob Road vK: aUSON Eogon. Minnesota 55171 Mao1 Plane: (612)..454-3900 - THOMAS ELAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cau it Al� THOMAS HEDGES EUGENE VAN OVERBEKE Cx1,Gen AUGUST 23, 1989 TO: STAN, ENGINEERING DEPARTMENT FROM: LYNN, EAGAN P.D. RECORDS RE: ACCIDENTS AT DEER HILLS TRAIL AND EAGLE CREST THIS MEMO IS TO ADVISE YOU THAT THE EAGAN P.D. HAS NO RECORD OF ANY ACCIDENTS AT ABOVE INTERSECTION. (OUR COMPUTERIZED RECORDS SYSTEM GOES BACK TO 1/1/87. PRIOR TO THAT TIME, WE HAVE NO WAY TO FIND OUT IF ANY OCCURRED AT THAT EXACT LOCATION.) l THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN -OUR COMMUNITY Equal Opportunity/Affirmative Action Employer OF 3830 Pilot Knob Rood Eagan, MUinesoto 55122 Mom (612) 454-3900 August 18, 1989 TO: TOM,COLBERT', DIRECTOR OF PUBLIC WORKS FROM: PAT GEAGAN., CHIEF OF POLI police department PATRICK J. GEAGAN ChIM of Poke TBNETH D. AS&~ OPwa b<Cap+oin VIC E1160N M1 THOMAS ELAN DAVID KGUSIAFSON .PAMELA MCCREA THEODORE WACHTER CAXA-a wafft e THOMAS HEDGES CIry A&r& tab EHGENE VAN OVERBEKE Ce/ Cb SUBJECT: TRAFFIC SURVEY —DEER HILLS TRAIL AND EAGLE CREST DRIVE The Eagan Police Department conducted eight separate radar surveys in the area of Deer Hills Trail and Eagle Crest Drive with an unmarked squad car. The attached data indicates a speed problem does not exist in that area. If we can be of any further assistance in this matter, please let us know. Patrick J. Geagan Chief of Police PJG:lb Attachment 2 THE LONE OAK TREE ... THE•SYMTKX I STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer M LOCATION 9 KILLS 'fR a START I Jja DIRECTIONt,-fSTBtt„b DATEI2I--)L�-� FALL CXLSl (�2. CLEARED I6 30Z NIGH 3C) LOWIrl_AVERAGE S't may. =�-mm mm- ' m -mm----- mm-m-mmmmmmm mm -m • -mm----- m • / -m mm----- mmmmmmm ,. ----- mm-mm------m- CLEARED I6 30Z NIGH 3C) LOWIrl_AVERAGE S't may. 0 CAGAN P.D. SPEED SURVEY LOCATIONprFQ 1AILL5 tR d- START t732, DIRECTIONCg5r6[V,,D DATE by-ly-tdq F gC�LE,UtGS7 /�R. CLEARED I J 3� NIGR 30 LOW_AVERAGE CAGAN P.D. SPEED SURVEY LOCATION '.U��CCresFD( 4Zvll, START D/U() DIRECTION i I/V DATE T 6 CLEARED 073 a IIIGII IM LOW l0 AVERAGE_ Au. of TitE VEeKLLS r-eb L-A nL �� ASC ergDENT- fri wh*_4 -:t7 06SQvCb ctnrE aur or- .DP-1vnV"S tri kim t +rrr� WEee N% vr-mceps wnc�H utmc ow or- �c c.eesr D�e�vc on/✓a ecz2 d7cZs �v LOCATION b( (Nv, lf, Q START 1514 DIRECTION Q5%XUN0 DATE pjj (S'fS9 EAcc�- ecFss �� • CLEARED I_/&? HIGH -31 _LOW j_AVERAGE N M•lk4 r9 (.iYZ uJ n'� a.A,0-0- Q U-- ..n...... LOCATION b( (Nv, lf, Q START 1514 DIRECTION Q5%XUN0 DATE pjj (S'fS9 EAcc�- ecFss �� • CLEARED I_/&? HIGH -31 _LOW j_AVERAGE N M•lk4 r9 (.iYZ uJ n'� a.A,0-0- Q ,i. �. . ......... .. LOCATION Ui�� kJLV7 J( • START JUDI_DIRECTIONbfgg op DATE CLEARED RIGII �j�j LOW % AVERAGE U a�.�s'L`c�d1 C.-e•Z wo•a .�w.v-eJ� LOCATION. _i%.. START('- '',� '-I /',' DATE DIRECTION.,� CLEARED HIGH LOW YAVERAGt� LOCATION START "—DIRECTION DATE ,� e� LOCATION .Atrr I{ -'IIS Tom. of START /b:y/ DIRECTION DATE 8/l. -fry M��Mm �M=��Mmm mmmummmmmmmmm mmmmmmmmmmmmm ��m�CCCCImmmmmmmmm��Mm CLEARED )%:µI HIGH 3-J- LOW Ib AVERAGE 2L -MC city of eagan 3830 %LOT KNOB ROAD vlc l W SON M+c w EAGAN. MINNESOTA 55122-1897 PHONE: (612) 454-8100 THOMAS EGAN FAX. (612) 454-8363 DAVID K. GUSTAFSON .PAMELA McCREA August 29, 1989 THEODORE WACHTER coup wee„ THOMAS HEDGES CW, Atlml ishdq EUGENE VAN OVE%FKE - MR MICHAEL MORAN CIN CWk 1857 DEERHILLS TRAIL EAGAN MN 55123 Re: Petition For A Stop Biqa (Deerhills Trail 8 Eagle Crest Drive) Dear Mr. Moran: The City is in receipt of a petition initiated by you and your neighbors requesting the installation of stop signs at the above - referenced intersection. This letter is to inform you that this item will be considered by the City Council at their September 5 meeting at City Hall at 6:30 p.m. Enclosed you will also find the background information that is being forwarded to the City Council for their review in considering your petition. As you can see, after extensive evaluation of this intersection by the Engineering and Police Departments, we cannot find any warrants that would justify the installation of this stop sign. Subsequently, staff is recommending that your petition be denied. It is necessary that specific warrants be met before stop signs are installed. Otherwise, they intend to be disregarded creating more of a hazardous situation due to the reliance that people in the area will place on a stop sign that has greater tendencies for violation by the travelling public. Our traffic counts indicate that the traffic on Deerhills Trail is not considered "heavy" for a typical residential subdivision. The result of the speed study indicates that there is not excessive speeding presently occurring. In addition, studies have shown where stop signs are placed for speed control, they tend to create greater speeding problems beyond the stop sign from people accelerating to make up for time lost having to stop at an unwarranted location. in THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 If you and your neighbors feel a sidewalk would be beneficial for the children in your area, the City would be happy to respond to a petition of the neighborhood requesting the installation of such a public improvement. However, the location must be satisfactory to all affected property owners and the cost of such an improvement would be assessed against all property owners who have frontage to the street along which the sidewalk is installed irregardless of which side of the street the sidewalk is located. While the City has every concern regarding the safety of the children in your neighborhood, we hope that the parents would recognize the inherent dangers accompanied with children playing in a street that was designed to accommodate traffic. Since you were the apparent initiator of the petition, we would request that you would inform all other petitioners of the staff'''s recommendation and scheduled Council action regarding your collective request. If you would like additional information or discussion regarding this issue, please feel free to contact me at your convenience. Sincerely, Nomas A. Colbert, P.E. Director of Public Works TAC/jj Enclosure cc: Pat Geagan, Chief of Police l8 Agenda Information Memo September 5, 1989 City Council Meeting C. PARKS & RECREATION DEPARTMENT Item 1. Authorise Purchase of Parkland from First Financial Corporation Within Lexington/Diffley Site, Lot 3, Block 2, Kensington Place -At the August 1 City Council meeting, direction was given to the City Administration and Director of Parks & Recreation to present a counteroffer to First Financial Corporation for the City's desire to purchase Lot 3, Block 2, Kensington Place, a. half acre of property located within the Lexington/Diffley proposed athletic complex. Staff has been in contact with First Financial to attempt to reach a settlement. After discussion with representatives from First Financial Corporation, it appears the City has reached an agreement for the purchase of the parcel at $7,500, plus accumulated taxes to date with the seller responsible to pay off all assessments. This is essentially the direction that was provided by the City Council. Assuming the board of First Financial approves, the City will enter into a purchase agreement and close on the parcel at the earliest possible opportunity. The actual dollar amount paid for the parcel will be determined when a formal purchase agreement is entered into and an update on assessments/taxes is received. To date,, formal action has given staff direction to negotiate, however, there is action required to formalize a purchase agreement. ACTION TO BE 'CONSIDERED ON THIS ITEM: To direct the City Administrator and Director of Parks & Recreation to prepare a purchase agreement for Lot 3, Block 2, Kensington Place under the conditions as presented. l`\ Agenda Information Memo September 5, 1989 City Council Meeting There are twenty - two (22) 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 disucssion required is brief. A. PERSONNEL ITEMS Item 1. Community Service Officer -- Following the screening of approximately sixty-five applications for this position, twenty candidates were invited to the Municipal Center for a written exercise, a physical fitness test and an interview. The interview panels included the Chief of Police, the Police Captain, one Lieutenant, two Sergeants and the Assistant to the City Administrator/Personnel Director. Following the interviews, thorough background investigations were conducted on four finalists. It is the recommendation of all personnel involved that Daniel Mason be hired for the position, subject to successful completion of the City's psychological examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Daniel Mason as a Community Service Officer for the Police Department, subject to successful completion of the City's psychological examination requirement. Item 2. Planning Intern -- Following the screening of approximately sixteen applications for this position, eight candidates were invited to the Municipal Center for an interview conducted by City Planner Sturm and Planner I Marnin. It is their recommendation that Kimberly Eggers be hired for this temporary position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kimberly Eggers as a Planning Intern for the Community Development Department. ME Agenda Information Memo September 5, 1989 City Council Meeting e PLUMBERS LICENSES H. Plumbers Licenses -There are seven (7) plumbers licenses that are in order for consideration. All seven (7) of the licenses meet City Code regulations pertaining to the plumbing license requirements. Applications were received from the following: 1. City View Plumbing & Heating 2. Dave Dempsey Plumbing 3. Donahue Mechanical Inc. 4'. Gorman-Oien Mechanical Inc. 5.. Peterson & Pinney Hardware Co., Inc. 6. St. Paul Plumbing & Heating 7. Bill George Plumbing ACTION TO BE CONSIDERED ON THIS ITEM: To approve all seven (7) plumbers licenses as presented. ON -SALE BEER/PIZZA HUT C. License for On -Sale Beer for Pizza Hut -Pizza Hut has purchased the Rocky Rococo Restaurant at 2130 Cliff. Road. Mr. Donald Naderman is the manager and applicant for the non -intoxicating malt liquor license. This item appeared on the August 15 agenda,, however, in the absence of a complete background investigation by the Police Department, the item was continued to the September 5 City Council meeting. The Police Department has completed its investigation and finds the applicant to be in order for Council consideration. Information on Mr. Naderman and Pizza Hut non -intoxicating malt liquor license were distributed without page number as a part of the August 15 Council meeting packet. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the non - intoxicating malt liquor license for Donald Naderman for the new Pizza Hut at 2130 Cliff Road. Agenda Information Memo September S. 1989, City Council Meeting FINAL ASSMT ROLL/PUBLIC HEARING/EAGANDALE CTR INDUS PK 10 ADDN D. Project 539, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 10th Addition - Utilities --The installation of utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL/PUBLIC HEARING/CLIFF LAKE CENTER E. Project 529, Receive Final Assessment Roll/Order Public Hearing (Cliff Lake Center - Streets & Utilities --The installation of streets and utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 529 (Cliff Lake Center - Streets & Utilities) and schedule a public hearing to be held on October 3, 1989. VEHICLE #136/BIDS/AUTHORIZE PURCHASE F. Vehicle #136, Receive Bids/Authorise Purchase (Public Works Maintenance - Cracksealer Molter) --At 10:00 a.m. on August 25, the City received bids for the purchase of a 250 gallon melter/applicator for, our street maintenance crack sealing program. Enclosed on page is a tabulation of the bids received with a comparison to the 1989 approved budget amount. In evaluating the bids submitted in comparison to the bid specification requirements, one of the three bids did not meet the specifications. of the two remaining bids submitted, one is for the purchase of a newly manufactured unit with the second (demo) for a used piece of equipment refurbished and carrying the same warranty as a new manufactured unit. The noncompliant bidder was not able to meet City requirements in the following critical area: 17?CP?—. Agenda,Information Memo September S. 1989, City Council Meeting 1. Does not provide for a flush free system for cleaning pump and sealant lines after use. 2. Did not have a double logger for better horizontal circulation of the melted sealant. 3. Did not provide for the motor control valve necessary to allow the operator to stop or run the pump at a constant speed regardless of engine rpm. 4. Its melting capacity was only 1,350 lbs. per 'hour as compared to the desired 2,000 lbs. per hour to allow higher efficiency usage. Although the budgeted allocation for 1989 would provide for the purchase of the ,newly manufactured unit from McQueen Equipment, a potential cost savings of $8:,.925'through the purchase of the demo unit (which meets all City specifications) would be recommended. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Unit #136 (Cracksealer Melter) and authorize the acquisition of a demonstration unit from,McQueeen Equipment; Inc., in the amount of $14,075. c23 BID OPENING - FRIDAY, AUGUST 2'5, 1989 BID TIME - 10:00 A.M. BID RESULTS ONE (1) CRACK SEALER/MELTER/APPLICATOR UNIT 136 VENDOR AMOUNT BID r,Mac Queen Equipment $'23,000 Stepp Manufacturing $ 16,685 * Mac Queen Equipment (Demo) e $ 1'4,075 * bid meeting specifications Budget Amount - $25,000 a� Agenda Information Memo September 50 19891 City Council Meeting FINAL ASSMT ROLL/PUBLIC HEARING/SOUTH OARS ADDN G. Project 536, Receive Final Assessment Roll/Order Public Hearing (South Oaks Addn. - Streets & Utilities) --The installation of utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 536 (South Oaks Addition - Streets & Utilities) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL PUBLIC HEARING EAST CLIFF ROAD H. Project 463, Receive Final Assessment Roll/Order Public Hearing (East Cliff Road - Streets) --The installation of streets for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 463 (East Cliff Road - Streets) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL/PUBLIC HEARING/WOODLANDS ADDN I. Project 525, Receive Final Assessment Roll/Order Public Hearing (Woodlands Addition - Trunk Storm Sewer) --The installation of trunk storm sewer for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 525 (Woodlands Addition- Trunk Storm Sewer) and schedule a public hearing to be held on October 3, 1989. aS Agenda Information Memo September 5, 1989 City Council Meeting CONTRACT 89-01 J. Contract 89-01, Approve Change Order for 8ealaoating of Trails -Included in the 1989 Operating Budget for Parks & Recreation was an appropriation for sealcoating certain trails throughout the community. As a cost efficiency it is recommended that authorization be given to a change order that would allow for the sealcoating of trails as an addition to .the contract the City has for the sealcoating of streets. It is anticipated that the amount for the trails will be approximately $17,000 to $18,000., which is less than the approved budget amount for 1989. Agenda Information Memo' September 5, 1989 City Council Meeting For additional information on this item and a reference to the specific trails to be sealcoated, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order for Contract 89-01 for the sealcoating of several City trails. MW 0 MEMORANDUM TO:, TOM HEDGES, CITY ADMINISTRATOR FROM: J KEN VRAA, DIRECTOR OF PARKS b RECREATION DATE: AUGUST 16, 1989 RE: CHANGE ORDER FOR CONTRACT 89-01 - SEAL COATING OF TRAILS I have previously provided you with several memos on the bituminous maintenance program, and in particular the trails maintenance/seal coating of park related trails. More recently, we discussed the impact of adding those trails that were previously part of the Streets Department, i.e., trails along streets, to the maintenance program. As part of the 1989 program, several park trails were previously identified for seal coating. However, with the addition of the "new trails" from the Streets Division, it has been determined that several of these trails have higher priority and needs for repair maintenance and seal coating. Recently, the City received bids for seal coating of City streets. As much as the seal coating product for streets is similar to that for trails, staff has requested approval to initiate a change order to Contract 89-01 to allow for seal coating of these new trails. The funding would be provided from the 1989 budget previously appropriated and no new funds are requested for this work. The contractor agreed to hold to the square foot cost provided for streets and extend this to the trails. Trails to be seal coated, not previously identified include: Johnny Cake Ridge Road, from Cliff south to Apple Va11ey; Wilderness Run Road Trail, from Pilot Knob to Lexington Avenue; Cliff Road from Johnny Cake to Nichols; Berry Ridge Road Trail and the 494 River Crossing. Several other trail links are currently being reviewed for addition to this list. Staff will notify residents whose driveways cross the trails prior to the seal coating process, so that they are aware of the work and any inconvenience that may be incurred as a result of this work. FOR COUNCIL ACTION To approve Change Order to Contract 89-01 to allow for seal coating of trails. (Note: It is anticipated the amount will be between $17,000 - $18,000). KV/b)s Agenda Information Memo September 5, 1989 City Council Meeting CONTRACT 89-12/Approve Chance Order #1 for Tennis Court K. Contract 89-12, Approve Change order #1 for Tennis Court at Northviev Park Field Fencing -During the construction process for the tennis courts in Northview, subsurface moisture was encountered to the south of the tennis courts. It was determined that this moisture was a result of water being transmitted along a variation in sub -soils from higher ground to the south. According to the Director of Parks & Recreation, drainage tile will be necessary to intercept this moisture in order to insure that there will not be frost heaving beneath the tennis courts. Cost to install the drain tile is $6.35 per lineal foot or approximately $6,500. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 89-12 in the amount of $6,500 for the installation of drain tile. CONTRACT 89-20/HOCKEY RINK LIGHTING L. Contract 89-20, Approve Plans and Specifications/Authorize Advertisement for Bids for Hockey Rink Lighting -Plans and specifications for the lighting of two (2) hockey rinks at Bridle Ridge Park have been prepared. At a neighborhood informational meeting on August 17, the Parks & Recreation Department staff reviewed the light plans and other issues relative to the installation of lights in the park. With the specifications, staff is recommending the installation of "Level 8" glare and light spillage control. This is a relatively new advancement in light technology and is designed to reduce the amount of "spill" light. Hopefully, this innovation in light technology will reduce the impact on the adjacent neighborhood. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications for Contract 89-20, hockey rink lighting and advertisement for bids. M. Resignation, Corey Cleveland from Economic Development Commission -The City Administrator received a letter from Corey Cleveland, member of the Economic Development Commission, informing him that due to a new position he has accepted as Senior Vice President at Community National Bank in Grand Forks, North Dakota, he will no longer be serving a member of the Commission. Enclosed on page _o is a copy of Mr. Cleveland's letter of resignation. Mr. Cleveland has represented the banking industry category as a member of the Economic Development Commission. If it is the desire of the City Council to appoint someone with Agenda Information Memo September 5, 1989 City Council Meeting banking experience, the ,City Administrator could send,a letter to each of the banks that are located within the City of Eagan announcing the vacancy if it is the City Council's desire to appoint someone prior to the January organizational meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Corey Cleveland as a member of the Economic Development Commission and provide the appropriate direction to the City Administrator for an appointment to fill the vacancy. M August 17, 1989 Tom,Hedges„ City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Tom, I have accepted the position of Senior Vice President at Community National Bank in Grand Forks', ND. My last day at Norwest 'Bank is August 25th and I begin work in my new position on September lst. As you may recall, East Grand Forks, MN is my hometown. I am looking forward to returning there and the position provides me with a significant increase in compensation and responsibilities. It is with sadness that I must bid farewell to the friends I've made over the years in the Cities. I must also resign as a member of the City's Economic Development Commission. I have enjoyed serving on the Commission with individuals who are truly committed to Eagan's continued success. I wish you and Debbie the best and please look us up if you are ever in the Grand Forks area. Sincerely, Corey Clevel'.d CC:krb (4646W) 3a Agenda Information Memo September 5, 1989 City Council. Meeting FINAL PLAT/RINGSWOOD 4TH ADDITION N. Final Plat for Eingovood 4th Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the. Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed on page *3'2. is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat. for Kingswood 4th Addition as presented. 51 4 N KINGS i' O 6O 0 6MFMQMMM� / A;1, I�I I. rte.. rr .nFS. rFrlii p w,4rM(.rFO fM n a�YS 'rrESSN Z "y „.a 1 t — - �tC EST 1 I I I 1 I _ 9 11 nE.an: err .a .,:,^"rcrr r.arr LOCATION SKETC!{, N �a 1 O P SEC. 21 , T W c 2T. RfrE. 23 4TH ADDITION ........... .. pam��l 1r «r .IM r•N•.V .irai..f .r.« I. I. IaP ,N .WTa..eavretY av m rwvr«J V.. —r EI! N �rrn wI L.N I.a N 1pMr.. ...anwirr�i. rrr.n.VVm:,p~ 4"I�rin .v l9. Nvw.r ul.l Ila rr.a ....l n..lN. ....a .... r' y'a .. - w'., r .r L. i. .... r "',,.'.., rrNa rr. r. r is r. .ram. xaa eawa�r �.na Mc COMBS FRANK ROOS ASSOCIATES. INC. n�.rt aPn w.w. Mryr mrr11 Ihr 1 r.. .rsJ a M.r .� a.r.... nww eul�..r•eu. a .�..n m�.r .n .na o .r .rry fid L'�. 1.4 Oi..n.r.. l.. .:.. IMP r�m�fiBTE•Iw..iiP feail �,•La r.... .r.... w. Inru. w a. r1 rwrtl fYw�.'.Irneu wnvrd flu .. 1 E. r.11 NRr1�N.�rN r e. Nr 4^9 w p..mI11P laln .n rn In Nr F: � emu —Y1 n.i l� ..nTq.0. y�rr rrr �� IrrM r. rY Nlie e r laV err was. �i .rrr Agenda Information Memo September 5., 1989 City Council Meeting FINAL PLAT/WOODLANDS 3RD ADDITION O. Final Plat for Woodlands 3rd Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. .Enclosed on page � is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Woodlands 3rd Addition as presented. EXHIBIT "An THE WOODLANDS THIRD ADDITION AREA SUMMARY .Exf V K.. iZr.'9] ] r 29A noire •. �T4 5 A•.9'es. nccD1N ..-_._- .'_... 1 � ------ • .x l• r- // 11 � ', \\ yi •pis ir-_'i e.•_. a\\a] of � � KiM ]r / i / I : ,d 19 i :• ��\ S ' ia.a 11 • � a.T]f1 I. OQ a^ \i• °.23]. r, � za %G // % / .I � ° j .`� n,.]r � \ 31 'f / I 32 I w� @ — .ytJ 30 r ----=------'y ova . 25 // • 26v .i / epi :�i •�1 �`_`•,•••\�/ ;e�y _f I G -1• x . _ --- • • -/ II1•e_27 le al . 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SHEET 2 OF 2 SHEETS Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAT/MANOR LAKE 2ND ADDITION P. ;Final Plat, for Manor Lake 2nd Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant' and the Department of Community Development. Assuming :the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed on page .34P is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Manor Lake 2nd Addition as presented. 3,1' MANOR LAKE SECOND ADDITION. r PETUS. PAIGE &'SAMSON LAND SURVEYONS. LTO. �r�.wi—omi evw. .mn. nrwmr F W r). N, r A w XJ r Y sr rr r.9 SCALE rr .+w:ar��rr N. r•.uM n....rr t PETUS. PAIGE &'SAMSON LAND SURVEYONS. LTO. �r�.wi—omi evw. .mn. nrwmr F W r). N, r A w XJ r Y sr rr r.9 SCALE nArs: � B A ip M 3AiFFT 2OF2 Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAWSTERNS ADDITION Q. Final Plat for Sterns Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting.. Enclosed on page 3.L is a.copy of the final plat as it appears for signature and'recordng at Dakota County,. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat :for SternsAddition as presented. 37 DMW :. ll• . v �0rl K e�o i ivF A=D 8 e 9 'a q '• . a STERNS ADDITION L:". .�..�... �.. wu�a.w.nw. w wnT n... .. � Y a�wh� b.�... w. �-•n. n.. 3 m SEG25 727 R23••.••�_.••••—••r —_ r .-w..r. ......w .1 Mr^r 11 11— 1 1 ' ^/LQ@ 1111.. 9 DMW :. ll• . v �0rl K e�o i ivF A=D 8 e 9 'a q '• . a STERNS ADDITION L:". .�..�... �.. wu�a.w.nw. w wnT n... .. � Y a�wh� b.�... w. �-•n. n.. 3 m SEG25 727 R23••.••�_.••••—••r —_ r .-w..r. ......w .1 Mr^r 11 11— 1 1 ' ^/LQ@ Agenda Information Memo September 5, 1989 City Council Meeting EXTENSION OF PRELIMINARY PLAT FINAL PLAWCOUNTRY HOLLOW 2ND ADDITION R. Extension of Preliminary Plat/Final Plat for Country Hollow 2nd Addition --The City Council gave approval to the preliminary plat to Country Hollow 2nd Addition at the April 19, 1988 ;meeting. The final plat was to be processed and approved this spring, however, due the satisfactory acquisition of :an easement, processing of the final plat has been delayed. In order for Community Development to process the final plat application it is necessary for the City Council to consider extension of the preliminary plat. It was recommended by the Director of Community Development that the preliminary plat be extended for Country Hollow 2nd Addition to November 30, 1989. It is anticipated that the final plat will be presented to the City for consideration during October/November. ACTION TO HE CONSIDERED ON THIS ITEM: To approve the extension of the preliminary plat for Country Hollow 2nd Addition until November 30•, 1989. 301 Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAWOUNCREST ADDITION S. Final Plat for Buncrest.Addi•tion--All.. documents relative to the final plat, including the development agreement, have ,been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed,on pagei Lif is a copy of the final plat as it appears for signature, and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Suncrest Addition as presented. 4(3 it 1J q l 1 Till— .;A i Ij \S ! I . ° I r± • i /oy ' '.j, RO.9 11 lTI :H,ap I K ROpf _✓•1 , 15. 00 J-SO.00 n... 1'1 '1.. S� I .`. �,\„•.v � i //O At�b-\iiJ:_. I I. -nw i ...; -41 rs L._ y .. J' � .♦d1. •J••. ` �M � a/1 A �F�I I Ic m T 9VNWO�r 00,6, •°'\:ten•>�:/ -I : s X co �D �•, X153 � -I r d 21 it 1J q l 1 Till— .;A i Ij \S ! I . ° I r± • i /oy ' '.j, RO.9 11 lTI :H,ap I K ROpf _✓•1 , 15. 00 J-SO.00 n... 1'1 '1.. S� I .`. �,\„•.v � i //O At�b-\iiJ:_. I I. -nw i ...; -41 rs L._ y .. J' � .♦d1. •J••. ` �M � a/1 A �F�I I Ic m T 9VNWO�r 00,6, •°'\:ten•>�:/ -I : s X co �D Agenda Information Memo September S. 1989, City Council Meeting CHANGE ORDER #1 TIMBERLINE & WELL ti REPAIRS T. Contract 89-040 Approve Chanage Order#1 (Timberline E Well $1 - Repairs) --The original contract provided for the removal and inspection of these two wells. The results of this evaluation indicated the need to perform the following additional improvements to the base contract: 1. Rebuild existing submersible motor for Timberline Well (Add $4,404) 2. Revise cooling unit drain line (Add $297) 3. Repair back stop for -.high service pump #3 (Add $515:.50) 4. Remetalize head shaft for Well #1 (Add $148) All costs associated with this change order will be the responsibility of the Utility Enterprise Renewal and Replacement Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change order #1 to Contract 89-04 (Timberline & well #1 - Repairs) and authorize the Mayor and City Clerk to execute all related documents. FINAL PYMT/ACCEPTANCE/WELL 813 U. Contract 89-29, Final Payment/Acceptance (Well #13) --The staff has received a, request for ,final payment along with a certification of compliance to City approved 'plans and specifications for the. development of Well #13 under the above -referenced contract. Although the alignment of this well shaft met industry standards, it did not technically meet the City's contract specifications,. Subsequently, Subsequently, on August 15, the Council approved an Addendum to the contract providing for an extended warranty for the first seven Years of this well. After reviewing all information, it is staff's recommendation that the Council approve this final payment and accept the well for perpetual maintenance subject to appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final pay request for Contract 88-29 (Well #13') and authorize acceptance for perpetual maintenance subject to related warranty provisions. 4 Z Agenda Information Nemo September 5, 1989, City Council Meeting PETITION/AUTHORIZE FEASIBILITY REPT/PR CENTER V. Project 583, Receive Petition/Authorize Feasibility Report (Park Center --Streets a Utilities,) --The staff has received a petition from Federal Land Company requesting the preparation of a feasibility report for the installation of streets and utilities within the proposed Park Center Addition located in the northwest corner of Cliff Road and Cliff Lake Drive, With the petition incorporating the appropriate guarantee of costs if the .project should not be approved at the time of the public hearing, it is recommended that the Council receive this petition and authorize the preparation of said report. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 583 (Park Center - Streets & Utilities). 4,3 Agenda Information Memo September 5, 1989 City Council Meeting iBLtCBLRT1iG' A. Project 495, Final Assessment Roll - (Dallas Development 2nd - Streets & Utilities) --On August 1, the final assessment roll for the above -referenced project was presented to the City Council with a formal public hearing being scheduled for September 5. This project provided for the extension of Kennebec Drive to Silver Bell Road through the Dallas Development 2nd Addition and all related utilities. Enclosed on page -i;V is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report originally presented at the public hearing held on July 21, 1987. All notices have been 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 the final assessment roll for Project 495 (.Dallas Development 2nd' Addition - Streets & Utilities) and authorize its certification to Dakota County for collection. Z/V FINAL ASSESSMENT HEARING PROJECT NO: 495 SUBDIVISION/AREA: DALLAS DEVELOPMENT 2nd FINAL ASSESSMENT HEARING: SEPT. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. HATER RATES RATES ' Area Laterals $21.33Jff $20.7:5/ff Service $6353.03/svc. 1445/svc.. F Lat. Benefit/ Trunk STORM . C/I $.079/'sf C/Ii$.079/sf ElArca MF $.067/sf MF $.067/sf ® Lateral 19.17/FF 9R_1R/ff SANITARY ❑Area MLaterals MService �Lat. Benefit/ Trunk STREETS NUMBER OF PARCELS AFFECTED: 8 FINAL F.R. RATFS RATES e ee Gravel Base SIv. Bell & Seneca $16.60/ff $13.97./ff ®Surfacing Kenngbpr 142,241f 554.161ff r7Res. Equiv. NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $496,655.01 (F.R. $523,899.-00) TOTAL AMOUNT CITY FINANCED: $ 63,245.66 (F.R. $ 12„161.00) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JULY 21, 1987 q Ir 87-38 A Agenda Information Memo September S. 1989, City Council Meeting FINAL ASSMT HEARING/CUTTERIS RIDGE B. Project 512R, Final Assessment Hearing (Cutter's Ridge 2nd Addition —sanitary A Storm Sewer) --On August 1, the City Council received the final assessment roll for the above -referenced project and ached led a public hearing to be held on September 5. Enclosed on page 447 is a summary tabulation of the final assessment rates associated with these storm and sanitary sewer improvements as compared to those estimated in the feasibility report presented at the original public hearing held on January 19, 1988. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO HE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roil for Project 512R (Cutter's Ridge 2nd Addition - Sanitary and Storm. Sewer) and authorize its certi-fication to the County for collection. FINAL ASSESSMENT HEARING PROJECT NO: 512R SUBDIVISION/AREA: CUTTERS R-IDGE 1ST, 2ND, 3RD 6 KINGS WOOD 2ND (-Proposed) FINAL ASSESSMENT HEARING: SEPTEMBER 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER 13 Area FINAL F. R. RATES RATES' Q Laterals $ 9,.47/11 $ 7.52/ff Service 15,104.56/ls 14,680/ls MLac. Benefit/ Trunk STORM . Area QLa reraI $2,927..75/ac $2586/ac SANITARY Area QR Laterals 13Service MLac. Benefit/ Trunk STREETS QCrave'l Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 51 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: C TOTAL AMOUNT ASSESSED: $161,656.94 TOTAL AMOUNT CITY FINANCED: MIA CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-37 PUBLIC HEARING DATE: January 19, 1988 41 FINAL F. R. RATES RATES $16`.83/ff $18,.62/ff Agenda Information Memo September 5, 19890 City Council Meeting FINAL ASSMT HEARING/GENERAL.ELECTRIC sDPPLY COMPANY C. Project 554, Final Assessment Hearing (General Electric Supply Company - Storm Sever) --On August 1, the City Council received the final assessment roll for the above -referenced project and scheduled the final assessmen public hearing to be held on September 5. Enclosed on page is a summary tabulation of the final assessment costs associated with the installation of storm sewer facilities to service the General Electric Supply Company facility recently constructed within the Eagandale Center Industrial Park along the west frontage road. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and authorize its certification to Dakota County. • FINAL ASSESSMENYt HEARING PROJECT NO: 554 SUBDIVISION/AREA: GENERAL ELECTRIC SUPPLY CO. FINAL ASSESSMENT HEARING:, SEPT. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals ❑.Service ❑,Lat. Benefit/ Trunk STORM . ❑ Area ®'Lateral NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 98 SANITARY Area Laterals Service QLat. Benefit/ Trunk STREETS Cravel Base Surfacing Miles. Equiv. FINAL I F.R. RATES RATES TOTAL AMOUNT ASSESSED: $55,016.65 (F.R. $ 72,372.00,) TOTAL AMOUNT CITY FINANCED: m CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-37 PUBLIC HEARING DATE: October 18, 1988 qc� Agenda Information Memo September S. 1989, City Council Meeting RUSTEN RD/ST IMPROVEMENTS D. Project 577, Rusten Road (Street Improvements) --In response to a petition submitted by several affected property owners, the Council authorized the preparation of a feasibility report for the upgrading of Rusten Road to City standards. This feasibility report was presented to the City Council on August 1 with the ub}ic hearing b i g scheduled for September 5. Enclosed on pages p i through 1, is a copy of that feasibility report for the Council's information and review during the public hearing presentation by City staff and related property owners' comments. All notices have been published in the legal newspaper and sent to a 11 potentially affected property owners informing them of this public hearing. As of this date, staff is not aware of any objections to .this proposed improvement. ACTION TOME CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 577 (Rusten Road —Street Improvements) So REPORT FOR RUSTEN'ROAD (from Storland Road approximately 550 L.F. North), UTILITY AND STREET IMPROVEMENTS PROJECT NO. 577 EAGAN,'MN. AUGUST, 1989 51 F�. 11111 38330 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE:. (612) 454-8100 FAX (612) 454-8363 Auqust 11, 1989 HONORABLE MAYOR AND COUNCIL CITY OF EAGAN 3830 PILOT KNOB ROAD EAGANo MN. 55122 RE: City Project No. 577 Rusten Road Utility and Street Improvements Dear Mayor and City Council: VAC ELLISON Mq THOMAS EGAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Councu Member THOMAS HEDGES City AtlmW Wv EUGENE VAN OVERBEKE coy CSA Enclosed is the feasibility report for the Rusten Road - Utility and Street Improvements. Included is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. KThael y yours., MiP. Foertsch, P.E. Assistant City Engineer Enclosures MPF/jf I hereby certify that the attached plan, specification, or report was prepared bg,,Y me or under my direct supervision and that I am a dulyr s ev1d Professional Engineer under the -laws of the State of M' neso a'�� /N Date: IF— (( —OCL Reg. No. (e 1 13 CL Sy THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer REPORT FOR RUSTEN ROAD (Storland Road North approximately 550 l.f.) Utility and Street Improvements PROJECT NO. 577 Eagan, Minnesota 1989 scope: This project provides for constructing Rusten Road approximately 550 L.F. north from Storland Road. Whispering Woods 2nd Addition and Slaters Acres abuts Rusten Road on the west side and Norvin Oaks and the proposed Thomas. G. Slater Addition abuts on,the east side. The property abutting Rusten Road is all zoned single family. Feasibility and Recommendation: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. UTILITIES: Sanitary Sewer: Sanitary sewer proposed includes reconstruction of the existing sanitary manholes and providing sanitary sewer services to parcels 010-56 and 013-51. All other property abutting 37.3 Rusten Road is presently adequately served. Proposed sewer services will connect to the existing 8" sewer main constructed in 1985 under City Project #419•. Watermain: Watermain proposed includes constructing water services to parcels 010-56 and 013-51 and lowering approximately 200 L.F. of the existing watermain. All other abutting property has previously been served from the existing 6" watermain located in Rusten Road right-of-way. This area is located in the high pressure zone and will experience static pressure in the range of 88 p.s.i. Storm Sewer: Storm sewer proposed includes constructing catch basins at the proposed low ,point in the street and connecting to the existing storm sewer system. The existing storm sewer drains from Storland Road north along Rusten Road then northeasterly along the common lot line of Lot 1 and Lot 2, Block 1, Norvin Oaks, then outlets into Pond AP -34. Pond AP -34 is a designated ponding area in the City Comprehensive Storm Sewer Plan. Street: Street construction -proposed includes constructing Rusten Road to a 28' (F -F) urban section which includes grading, aggregate base, bituminous surfacing, concrete curb and gutter and boulevard restoration. It is proposed to construct a cul-de-sac at the north end within the proposed Thomas G. Slater Addition which received preliminary plat approval in November, 1988. To date, no final plat application has been received by City staff. If this project is approved, it is recommended that no contract be awarded until this final plat is approved and recorded at the County. S(/ Assessment Area SW 4 Section 31 Parcel 013-51 Parcel 010-56 Norvin Oaks Lot 1,, Block 1 Lot 2, Block 1 Lot 3, Block 1 Whisperina.Woods - 2nd Lot 13, Block 1 Lot 14, Block 1 Lot 15, Block 1 construction Area SW 4 Section 31 Parcel 013-51 Parcel 010-56 Norvin Oaks Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Slater's Acres Lot 7, Block 1 Lot 8, Block 1 Cost Estimate: A detailed cost estimate is presented in Appendix A located at the back of this report. A summary of these costs is as follows: Item Estimated Cost A. Sanitary Sewer 858 B. Watermain 3432 C. San. Sewer and Water Services 7708 D Storm Sewer 2883 E. Street - Rusten Road 42..293. TOTAL57 174 * Includes 10% contingencies and 30B estimate for legal„ engineering, administration and bond interest. SS Assessments: Assessments are proposed to be levied against benefitting properties as shown on the attached drawings. A preliminary assessment roll is included at the back of this report in Appendix B. All costs will be revised based on final costs. These assessments will be spread over 10 years at an interest rate based on the bond sale financing this project. Services: It is proposed that the total cost of water and sanitary sewer services be assessed to the abutting lots they serve. Sanitary Sewer ,and Watermain: The costs for adjusting and reconstructing the existing sanitary sewer manholes and adjustments to the existing watermain system are considered part of the street construction cost and are proposed to be assessed to the benefitting properties on a lot equivalent basis. Storm Sewer: It is proposed that the total cost be included with the street cost and be assessed to the benefitting properties on a lot equivalent basis. Street: The total street costs are proposed to be assessed on a lot equivalent basis to the benefitting properties it serves. In summary, the costs of the sanitary sewer and.water services are assessed to the parcels and lots they serve. The costs for sanitary sewer and watermain adjustments, storm sewer, and street construction are spread on a lot equivalent basis. The following table identifies proposed lot equivalents: S( Parcel Swh Section 31 013-51 010-56 Norvin oaks Lot, 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Total # of Lot Ecuivalents 1 2 �e Revenues A portion of the anticipated costs for upgrading Rusten Road was previously allocated to Lots 13, 14 and 15, Block 1, Whispering Woods 2nd Addition. The previously assessed amount of $9,636.14 is credited to the estimated street construction cost. The revenue sources to finance the project are as follows:. Revenue Item Project Cost Sanitary Sewer. '$ 858 Watermain 3,432 Services 7,708 Previously Assess Proposed Assess -0- $ 858 -0- 3,432 -0- 7,708 Storm Sewer 2,883 -0- 21883 Balance -0- -0- Street 42.293 9..636 32,657 -0- Total $ 57,174 $ 9,636 $ 47,538 -0- It is anticipated that the total cost of the project be financed through previously levied and proposed assessments to the benefitting properties. S? Rroject,ocbedule Present Feasibility Report 8-1-89 Public Hearing 9-5-89 Approve Plans and Specs. 9-19-89 Hid Date 9-29-89 Award Contract 10-3-89 Construction Complete June, 1990 Final Assessment Hearing July, 1990 First Payment Due - Real Estate Taxes 1991 APPENDIX "All Preliminary Cost Estimate Rusten.Road (etorland Road north and including Cul-de-sac) Utility and Street Improvements Project No. 577 A. sanitary Bever 4 L.F. M.H. Reconstruct @ 100/L.F. 400.00 2 ea. Adjust M.H. @ 100 ea. 200,.00 $600.00 101 contingencies 60.00 $660.00 30% Legal, Engineering., Administration, Bond Int. 198.00 TOTAL $858.00 B. Watermain 200 L.F. Lowering Watermain @ 5.00 $1,000.00 3 ea. Hyd. Add. @ 400.00 1,200.00 2 ea. G.V. Adj. @ 100.00 200.00 $2x400.00 10% contingencies 240.00 $2,640.00 30$ Legal, Engineering, Administration, Bond. Int. 792.00 TOTAL $30432.00 s9 C. Sanitary and Water services 230 L.F: 4" PVC Sanitary Sewer Service (SDR -26) @12.00/L.,F. 3 ea. 4" Service Tap ,(incl. WYE) @100.00/ea. 3 ea. 4" Service clean-out @ 50.00/ea. 220 L.F. 1" Type "K°Copper @ 8•.00/L.F., 3 ea. 1" Corporation Stop, @ 60.00/ea. 3 ea. 1" Curb Stop & Box @ 80.00/.ea. 10% contingencies 30% Legal, Engineering, Administration, Bond Int. TOTAL D. Storm Sewer 281L.F. 12" RCP @22.00 1 ea. C.B. @ 800.00 1 ea. Reconstruct CB MH @ 600.00 TOTAL. 10% Contingencies 30% Legal, Engineering, Administration, Bond Int. 2,760.00 300.00 150.00 1,760.00 180.00 240.00 $5,390.00 539.00 $5,929.00 $1.779.00. $7,708.60 616.00 800.00 600.00 $2,016.00 20Z. 00 $2,218..00 665'. 00 $2,683.00 H. streets 1400 C.Y. Common Excavation @350.00 C.Y. $ 4,900.00 4 ea., Clear and grub trees @200.00 ea. 800.00 825 Tom Agg- Base CL.5.100% crushed @6.00/ton 4,950..00 250 Ton Bit_,. Base Course 2331 @11.00/Ton 2,750.00 130 Ton Bit. Wear Course 2341@12.00/Ton 1,560.00 22 Ton Bit. 'Material for Mixture @ 150.00/Ton 3,300.00 150 Gal. Bit.. Material for Tack Coat @1.50/gal. 225.00 1240 L.Y. Concrete Curb & Gutter (mountable) @ 6.00/L.F. 7,440.00 100 L.F. Reinforcing for Conc. C '& G @.50/L.F. 50.00 3.00 L.Y. Topsoil Borrow @ 7.00/C.Y. 2,;100.00 500 S.Y. Sod @ 1.50/S.Y. 750.00 0.50 ac. Seeding & Mulch @ 1500.00/.ac. 750.00 $29,,575.•00 10% contingencies 2.958.00 $32,533.00 3'0% Legal, Engineering, Administration; Bond Int. 9:760.00 TOTAL $42,293.00 PARCEL LOT SERVICES EQUIVALENTS NATER &SAM. SEVER COSTIEQ. COST L^ SM 1/4-S. 31 013-51 1 010>56 2 NORVIN OARS Lot 1, Block 1 1 Lot 2, flock 1 1 Lot 3, flock 1 1 AP.PENDIX'O PRELININARY ASSESSMENT. ROLL CITY PROJECT NO. 577 RUSTEN ROAD UTILI.T:Y ANDSTREETIMPROVEMENTS VATERNAIN COST/EQ. COST SANITARY SEWER COST/E0. COST f 2,569 f 2,569 f 572 f 572 $ 143 f 143 2,569 5,139 572 1,144 143 266 STREET/STORM SEVER COST/EO. COST TOTAL S 5,923 f 5,923 It 9,207 11,847 18,476 16,416 -0- -0- 572 572 143 143 5,923 5,923 6,630 -0- -0- 572 572 143 143 5,923 5,923 60630 •0• -0- 572 572 143 143 5,923 5,923 6,638. $7,708 $3,432 f 050 $35,539 *47,337 1 013-51 7 0i PROPOSED THOMAS G. SLAT'EWADD. / * 010✓56 2N I I2 qOp II M a ,2 * 13 96 * I *I 2 10 �* y + 14 I. i �5 * 9 # 15 * i 3 !* i * * * 50 O 100 — EXISTING CURB B GUTTER Boor EXISTING WATERMAIN a PROPOSED WATER --- PROPOSED CURB d GUTTER EXISTING STORM SEWER SERVICE • EXISTING SEWER SERVICE ° PROPOSED SEWER 4'4 • EXISTING SANITARY SEWER a EXISTING WATER SERVICE SERVICE city of ea an approved: : standard PUBLIC RUSTEN ROAD -14-89 plate WORKS UTILITY, STREET LOCATION DEPARTMEN CITY PROJECT N577 Agenda Information Memo September s, 1989 City Council Meeting VACATE ABANDONED COUNTY RIGHT-OF-WAY (DIFFLEY ROAD FRONTAGE ROAD -WEST OF PILOT KNOB ROAD) E. Vacate Abandoned County Right -of -Way (Diffley Road Frontage Road -West of Pilot Knob Road) --As a part of the reconstruction and upgrading of Diffley Road (County Road 30) and Pilot Knob Road (County Road 31), the intersection of these two County roads was relocated approximately 85' north of its previous location. Subsequently, a portion of the old alignment of County Road 30 west of Pilot Knob Road was abandoned and converted into a. private access road for the five existing single.family homeowners along that stretch. Enclosed on page is a copy of the proposed Excess Public Right -of -Way to be vada ed. With the abandonment of. this right-of-way by Dakota County, it falls under the jurisdiction of the City of Eagan. Subsequently, it was deemed appropriate to vacate this excess public right-of-way back to the adjacent benefitting property owners. However., along with vacating this public right-of-way, it was beneficial to assist the property owners in entering into a mutual maintenance/cross-easement agreement for the proposed private service road. The status of the private maintenance agreement will be discussed at the time of the public hearing. All notices have been published in the legal newspaper and sent to all potentially affected, property owners informing them of this public hearing. As of this date, the staff has not received any objections to the proposed vacation subject to the execution of the appropriate private maintenance/cross-easement agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the abandoned County Road 30 right-of- way for the Diffley Road frontage road - west of Pilot Knob Road and if approved, authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. r Ee 1/4 SEC.28,T2.7,..R.23 .GLT.L7.l _'. ' STATE """ y AID PARCEL r �r HIGHWAY"""' .! ... .......; 'e .............AP....:!. .;7wM01A COU � .D_. IGHT._Qf_.WAC.AIAP..... 134. s• 'W2 0 110 1 012W o�� _ _ 1�� ;- �I° • a b i-00 0�� p21- T Y rlm 00 Y P t oil 00 / a F /23''a..lyl.ab' 90+. 1184.. w la 15 II • 1• 8 11 :g 10 • = e 1 • y y 111 ! .1 L C r Z � •' q ,.ia•Iy G �1) Y . CLEMSEM0 Ojv +� p�, _ "' Right-of-way to be vacated for street purposes is described as 4r • COUR1 All of parcel 2B as shown on Dakota Count Road P Y Irl Hyl 141ry _r. LLa (County Road 30 - Diffley Road), according to the •� thereof, Dakota '• 8 1 ell ', � e.r i Mw 'rVNLL• U ♦ t W �b 0. Www. Is 14 _ S a Q b b Yr.y.w..•� Irlw �b m yrr•IY� �b b b � .8 • 'gyyb•r ��gg ryr i 11 a SIGFRID aIy STREET - •r''•'r e •77/ya. >e _:: n u. W » w w I Y . CLEMSEM0 Ojv +� p�, _ "' Right-of-way to be vacated for street purposes is described as follows: • COUR1 All of parcel 2B as shown on Dakota Count Road P Y Right -of -Way g Y Plat Ma No. 26 P ly �,,;b•r,y�. (County Road 30 - Diffley Road), according to the recorded plat thereof, Dakota '• 8 County, Minnesota. . y s 17 Is 14 Agenda Information Memo September S., 1989 City Council Meeting VACATE DRAINAGE AND UTILITY EASEMENTS (CRAY ADDITION) F. vacate Drainage and Utility Easements (Cray Addition) --With the replat of the Cray Development from the 1st to the 2nd Addition, several of the original underlying drainage and utility easements were no longer appropriate and should be vacated as shown by the map enclosed on page Adequate replacement easements have been dedicated with the - cording of the final plat for the Cray 2nd'Addition. 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 staff has not received any objections to the proposed easement vacations. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the drainage and utility easements within the Cray 1st Addition and authorize the Mayor and City Clerk to execute all related documents for recording at Dakota County. (J7 m Z-xhihit (-; EASEMENT VACATION EXHIBIT ! \ rC J \ � eo, \'r ERlllRlf B DESCRIPTION Or EASFHFIIIS l0 RE VACATED the DRAINAGE AIN UTILITY EASFMENIS and the UTILITY EASEMENTS, as donated and dedicated In the plat of CRAY 1100111011, flied In the office of 19BB, as County Recorder In and For Dakota County. Minnesota nn January 15, Ooc,annt Number 827591, and the DRAINAGE AND UI_IL11E EASEMENT filed In the office of the County Recorder In irr-d Ior NWa CO- Ey, AlaneaAte on rebluary 16 1988, as Document Number 827010, end the FORDING AND UIILIIY EASEMENI flied In the office of the County Aecorder In and 5FF 6Fali F,nnnly. Mlnnesnla on February 16, 1988 as Dr,anent Number 877011. —e—� atWn, 'r•r w zrav' wa,enu m w••r. won. � g • sumo Tore nw..•.•w.r rose M\,r � CRAY ADDITION E ) a•P �e-t ��• - --- ____ MATCH LIN E MATCH LINE •..a.°r),- S. -----°=- /- _ SEE SHEET 2 OF 3 SHEETS /SEE SHEET 2 OF 3 SHEETS\ )..''W OUTLOT w1 --_—�� •. C•'- .o OUTLOT O B .t: PROPOSED VACATION L . Se • ..8 OUTLOT F� \w 4 BLOCK� I rI ane. loot V� A K GI �I OUTLOT I ! \ rC J \ � eo, \'r ERlllRlf B DESCRIPTION Or EASFHFIIIS l0 RE VACATED the DRAINAGE AIN UTILITY EASFMENIS and the UTILITY EASEMENTS, as donated and dedicated In the plat of CRAY 1100111011, flied In the office of 19BB, as County Recorder In and For Dakota County. Minnesota nn January 15, Ooc,annt Number 827591, and the DRAINAGE AND UI_IL11E EASEMENT filed In the office of the County Recorder In irr-d Ior NWa CO- Ey, AlaneaAte on rebluary 16 1988, as Document Number 827010, end the FORDING AND UIILIIY EASEMENI flied In the office of the County Aecorder In and 5FF 6Fali F,nnnly. Mlnnesnla on February 16, 1988 as Dr,anent Number 877011. —e—� atWn, 'r•r w zrav' wa,enu m w••r. won. � g • sumo Tore nw..•.•w.r rose al\ —e --raze oa- - RIGA �i) aarz�•o'w (moi ryE rr i.n SHEET 3 OF 3 SHEETS M\,r � E ) a•P �e-t ��• 4rna''S OJ j S. OUTLOT .o OUTLOT O B . Se • 4 I rI �! A K GI �I OUTLOT I s1 it I�I U `SEE moa — • rrt rte.. ae..r,r..ns..n al\ —e --raze oa- - RIGA �i) aarz�•o'w (moi ryE rr i.n SHEET 3 OF 3 SHEETS Agenda Information Memo September 5, 1989, City Council Meeting CRAY ADDN/STORM SEWER G. Project 571, Cray Addition (Storm Sewer) --On August 1.,-a public hearing was held to discuss the proposed installation of a trunk storm sewer outlet from Pond GP -12 located within the Cole property north of Lone Oak Road recently acquired by Cray development. That public hearing was continued until August 15 at the request of Cray Addition for further review and evaluation. On August 15, the public hearing was opened and Cray stated their objection to the proposed improvement as being premature in relationship to their development schedule. They also expressed objection to the proposed assessments associated with the project. Subsequently,, the City Council continued the ,public hearing until September 5 to allow the applicant and staff to meet and review these concerns. This meeting was held on Thursday, August 31. At that meeting, the staff explained in further detail the rationale and benefits for proposing the project at this time. Subsequently, representatives of Cray indicated that they would not be pursuing their previous objections. E Council's add' conal information and review, enclosed on pages through is a copy of the feasibility report as previously presented. ACTION TO BE CONSIDERED ON THIS ITEM: .To close the public hearing, approve Project 571 (Cray Addition - Storm Sewer) and authorize the preparation of detail plans and specifications. Ue 69 Report for Cray Addition (Pond GP -12 Outlet) Trunk Storm Sewer Project No. 571 Eagan, Minnesota June 1989 File No. 4949`5 JABonestrob Rosene NEW 3. Associates Engineers IG Architects St. Caul, Minnesota JAP" Sonestroo Rosene -� Anderlik & l i 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: poo G. Bmremoo. P.E. Rahert W llso e. P.E. Joseph C. Andel k, PE. B adlord A xmoil RE, Rmhard E. Tsrnmr. P.E. James C. Olson RE, Gknn R. Cook PE. Thomas. E. Noyes. P.E. RaCen G-SdhuhichL PE. Marvin L. Sorrala, RE. Kekh A. Gordon. RE. ROvid W Romer. PE. Donald C Surgardr. RE. Jerry A Bourdon,P.E. Mark A. Hanson PE. T'W K Fidel. RE. Michael T Rawer ann. P.E. Roost R. PMlede P.E. DaviEA. LosKrna PE, Thomas W'Peterson. PE. 'Michael C. Lynch. P.E. James R. Maland. RE. Kenneth P. A rson.,PE. MOM A Bachmann FE. Will, R Rotls RE. R m C Russek.J IA. Thomas E. Argus PE. Howard A, Sanford PE, Dallo J. Edgerton., P.E. Mark A. Seip RE. Philip J Casw ll..P.E. Mdm.D Walls, RE, Thomas AndeRon., ALA. Wry F Rytandc. PE, Charles A Erickson lro'M Paeelsky Harlan M Olson Susan M EheNn. C.P.A. Transmitted herewith is our report for Cray Addition Trunk Storm Sewer. 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, ANDERLIR 6 ASSOCIATES, INC. Mark Hanson MAH:li Approve 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 !jkatg/of Minnesota. RPT49495 Mark A. Hanson e 28, 1989 Reg. No. 14260 2335 West Highway 36 is, St. Paul, Minnesota 55113 111 612-636-4600 SCOPE: This project provides for the construction of trunk storm sewer 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 -12. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the objectives established in the Com- prehensive Storm Sewer Plan. The project can best be carried out as one contract. It ;should be noted the 1984 Comprehensive Storm Sewer Plan proposed the storm sewer 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 -7, 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 sewer 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 121 and 18'" diameter storm sewer to serve as the outlet for Pond GP -12. The alignment is shown on the attached drawing. It is proposed the storm sewer 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 RPT49'495 Page 1. trunk storm sever in Lone Oak Road will connect to an existing 24' storm sever in Lone Oak Drive. The existing 24'0 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 HWL Area NWL H4i1 Area Storage Outflow Pond GP -12 35 Ac. 880 885.5 3.6 Ac. 10.9 Ac.Ft. 1 cfs COST ESTIMATESt 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 T SE 1/4, SECTION 1 CRAY ADDITION Parce1.,014-75 Outlot I Parcel 015-75 SE 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 SO years at an interest rate 'based on the bond sale financing this project. STORM SEWER: 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 drawing. The trunk area RPT49495 Page 2. 01 3 storm sewer rate is $0.056/sq.ft. which is the residential/agricultural sate. In the future,, if these parcels are developed to a higher use their trunk area storm ,sewer assessment will be upgraded at that time. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sewer ProjectCostRevenue Balance Trunk $78,250 Trunk Assessment $71,020 TOTAL $78,250 $71,020 -$7,230 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 Public Hearing Approve Plans and Specifications open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes Page 3. RPT49495 July 5, 1989 August 1, 1989 Summer 1989 Summer 1989 Fall 1989 Winter, 1990 may. 1991 APPENDIX A PRELIMINARY COST ESTIMATE CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT NO., 571 Item 18'" RCP 'Storm Sever, 0'-15' deep 12" RCP Storm Sever, 15'-25' deep 12" RCP Storm Sever, 0'-15' deep Manhole v/casting Manhole depth greater than 8' deep 12" RCP Apron v/trash guard Rip rap Clear and grub trees Connect to existing MH Improved pipe foundation Mechanical trench compaction Seed v/mulch 6 fertilizer RPT49495 Unit L.F. L.F. L.F. Ea. L.F. Ea. C.Y. L.S. Ea. L.F. L.F. Ac. Total +52 Contingencies Quantity 570 690 420 5 30 1 8 1 1 200 1,680 2.0 Unit Price $ 26.00 28.00 20.00 1,000.00 80.00 600.00 50.00 800.00 500.00 2.00 1.00 1,500.00 +30Z Legal, Engrng., Admin. E Bond Interest TOTALTRUNK STORM SEWER .................... Page 4. Total Cost $14,820 19,320 8;400 5,000 2,400 600 400 800 500 . 400 1,680 3.000 $57,320 2.870 $60,,190 18.060 $78,250 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROJECT NO. 571 TRUNK AREA Parcel Total Description Area SE 1/4, SECTION 1 Parcel 014-75 1,449,660 Parcel 015-75 217,500 0 RPT49495 Assessable Credit Area Street (20x) 1,050,820 Pond (2.5 Ac.) Total Rate Assessment $0.056/s.f. $58c846 --- 217,500 0.056/s.f. 12.380 TOTAL ................. $71,020 Page 5. I OUTLOT I OUTLOT G 15"s;rORv SEW BY OTHERS PROPOSED CRAY TRUNK STORM1SEWER IT C i e 12' RCP LONE I OAK ROAD 00 0 zoo SCALE w EEEr 014-75 DRAINAGE AREA TRIBUTARY TO 18' l 24' STORM SEWER POND GP -12 NWL = 880.0 HWL = 885.5 (C.SAK No. 26) 'n' E.yln..r.4ltrcf,H.l-1. CRAY ADDITION 1 ` Roseneroc EAGAN, MINNESOTA (POND. GP -12 OUTLET) Anderlik A TRUNK STORM SEWER q VVVV �1 Associate! 51. P.aL Mlnn.wl. . DATE: JULY 89 COMM:4e4e5 PROJECT No. 571 LEGEND Trunk Assessment Area DRAINAGE BOUNDARY TRIBUTARY TO POND G NO SCALE Out lot F 1 � i \555o�G01\75 �Zlt1G� 014-75 Oudot S ND GP -12_ PO/� I NWL =88. HWL = 88 5.5 CRAY ADDITION N- &free (POND GP -12 OUTLET) Floeme TRUNK STORM SEWER mil:: PROJECT No. 571 Dote: duLr as FA[,AN MINNFCffTA Comm. 40406 ff ftb r 1 YrtlN4 Fig. 'No. 2 S. H. No 26 LONE OAK R D CRAY ADDITION N- &free (POND GP -12 OUTLET) Floeme TRUNK STORM SEWER mil:: PROJECT No. 571 Dote: duLr as FA[,AN MINNFCffTA Comm. 40406 ff ftb r 1 YrtlN4 Fig. 'No. 2 Agenda Information Memo September 3, 1989, City Council Meeting FINAL ASSMT HEARING/YANKEE DOODLE RD H. Project 427, Final Assessment Hearing (Yankee Doodle Road - Streets & Utilities) --On .August 1, the final assessment roll was presented to the City Council for consideration of scheduling a formal public hearing for the improvements associated with upgrading Yankee Doodle Road (Co ty Road '28) from T.H. 13 to Federal Drive. Enclosed on page is a tabulation of the final assessment rates with a comparison to the estimate contained in the feasibility report originally presented at the public hearing held on October 15, 1985. All notices'have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. On August 30, an informal neighborhood meeting, was held to review these assessment figures with any interested property owners. Any specific issue raised at the informational meeting that cannot be satisfactorily addressed before September 5 will be discussed at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close and approve/modify the ,final assessment roll (Yankee Doodle Road - Streets & Utilities) certification to Dakota County for collection. 1'1 the public hearing for Project 4'27 and authorize its FINAL ASSESSMENT HEARING PROJECT NO;. 427. SUBDIVISION/AREA: COUNTY ROAD 28 FINAL ASSESSMENT HEARING: SEPT,. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals QService $3,585_Ri/��, t E]Lat. Benefit/ Trunk SANITARY Area Laterals C]Service r7Lat. Benefit/ Trunk FINAL F.R. RATES RATES STORK. 9% STREETS ❑X Area TOTAL AMOUNT ASSESSED: $769,087.78 Trail 11Cravei Base 11.36/ff $ 11.36/ff .061/sf .061/s ❑X Lateralc/I $19.88/ff $19:76/ff Surfacing MF SF 16.27/ff 8.67/ff 16.17/ff 8.61/ff C/I []Rea. Equiv.m 75.43/if 74.43/ff 60.92/ff 60.92/ff SF 4.34/ff 4.31/ff SF 32.45/ff 32.45/ff } 5F 16.23/ff 16.23/ff NUMBER OF PARCELS AFFECTED: 190 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $769,087.78 (F.R. $747,267.12) TOTAL AMOUNT CI -TY FINANCED: $334,135. 3.6 (F.R. $ 84,468.18) CONSTRUCTED UNDER THE FOLLOWINC CONTRACTS: County Contract #C-28-07 PUBLIC HEARINC DATE': October 15, 1985 Agenda Information Memo September 5, 1989 City Council Meeting VACATE A PORTION OF RIGHT-OF-WAY CEDARVALE BOULEVARD I. vacate a Portion of Right -of -Way - Cedarvale Boulevard - Continued to 10 -3 -89 --on August 1st, the original public hearing was opened to discuss the vacation of a portion of Cedarvale Boulevard subject to the execution of the appropriate agreement from the management corporation of the Cedarvale Shopping Center Complex. Due to the inability of the petitioner- to execute the agreement by August lst, the item was continued to the August 15th meeting wherein it was again continued to the September 5th meeting. As of this date, the staff has not received an acceptable executed copy of the Maintenance Agreement necessary for the City to give positive consideration to the vacation of this portion of public right-of-way: The applicant has suggested the item be. continued indefinitely as they cannot commit to a time frame of providing the appropriate documents. However, staff feels that an indefinite continuation creates confusion by those who may be interested in this public hearing process as well as keeping track of this matter by City staff. Therefore, staff is recommending that this item be continued until October 5th and, if not in order at that time, the public hearing should be closed and the petition denied. ACTION TO BE CONSIDERED ON THIS ITEM: To continue to October 5th the public hearing to vacate a portion of Cedarvale Boulevard. VACATE ACCESS EASEMENTS (LOTS.12 E 13, BLOCK 1, BLACRHAWR PONDS ADDITION J. Vacate Access Easement for Lots 12 6 13, Block 1, Blackhawk Pond Addition --Due to the inability of the developer to provide a development grading plan allowing physical accessibility by our maintenance vehicles;, this access easement is rendered useless. Subsequently, a petition was submitted by the developer at the August 15th meeting requesting that this easement be vacated as shown on page -- All notices were published and sent to all potentially affected utility companies informing them of this public hearing on September 5th. As of this.date, the staff has not received any objections to this vacation. The staff has already received fully executed access easements acceptable for City maintenance operations over Lot 14, Block 1 of the Blackhawk Ponds Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the access easement across Lots 12 and 13, Block 1, Blackhawk Ponds Addition and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. SO& : 1 °'g' SD rEe 'Wii,p 7Y,% Mir EASEMENT TO BE VACATED: A 15.00 foot :Easement for Ingress and ]x3r.ess pirposes over and across that part of T:ot, 12 and Lot 13, Block 1, Blackhark Pond ` "'„• -� C ,4/,@4'? _ _ --�.gg keret ` r` Lo!• /3 GF /l�.Biock L \` ? �::•}ir}:•ir:•::�:��r�.:'.":'v_:�{�i:jyriii+�'• Z I EJ/!4^etA f9rrtTEsle�N 1_ ��— nI Ile- Mir EASEMENT TO BE VACATED: A 15.00 foot :Easement for Ingress and ]x3r.ess pirposes over and across that part of T:ot, 12 and Lot 13, Block 1, Blackhark Pond Agenda Information Memo September 5, 1989 City Council Meeting VACATE DRAINAGE AND UTILITY EASEMENT PONDVIEW ADDITION R. Vacate Drainage and Utility Easement on Lot 1, Block 2, Pondview Addition --On August 15th, the City Council received a petition from the developer of the proposed Duckwood Crossing development west of Pilot Knob Road and south of Duckwood Drive requesting a public hearing to vacate a 30+ drainage and utility easement between Crestrid rive and Pilot Knob Road as shown by the map enclosed on pageAll notices were published,in the legal newspaper and sent- Co� all potentially affected utility companies informing them of this public hearing. As of this date, the staff has received comments from U.S. West Telecommunications and People Natural Gas indicating they both have existing utilities within this easement and would object_ to its vacation without commitment by the developer to assume all relocation costs to other acceptable existing easements and/or public right-of-way. Although no response has yet been received, it is thought that Dakota Electric Association may also be located within this easement and share the same concerns. On August 15th, the final plat was approved for the Duckwood Crossing development. With the developer's expressed intent to initiate this development as soon as possible, this vacation will either have to be complete or the plat recorded with its designation to be vacated at a later date. However, its present location would preclude the issuance of a building permit on Lot 2, Block 1., Duckwood Crossing until such time as the vacation public hearing process had been satisfactorily completed. The existing City storm sewer facility within this easement is being reconstructed as a part of the development's site utility improvements at no cost to the City. Therefore, it is recommended that this public hearing be continued until September 19th to allow similar arrangements to be made with other affected utilities before formally approving this vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for the vacation of drainage and utility easements within the Pondview Addition until September 19, 1989. Is ?=L;G ;',NAP, Y R',47 o,` _:JCKWOOD CROSS//VG KNOD ROAD PORTION 7D BEREDOICATED., 1 F I I 5L CK . LO` ie a k: n 4 >u 1 Y Q ,fENT TO BE VACATED LO. 7 I CRSS IDE M V= PORT/ON TO BE REDEDIC4TED I� IIS 1, z utility and Drainage Easement 4o Be Vacated All that Part of the existing 10.0 foot drainage and utility easement lying within the south 10.0 feet of i.ot 1, Block 2, Pond View according to the Plat thereof on record in the office of the Dakota County recorder. Agenda Information Memo September 5, 1989 City Council Meeting REQUEST FOR COST PARTICIPATION FAIRWAY HILLS IST AND 2ND ADDITION A. Request for Cost Participation, Fairway Hills lot and 2nd Additions - Frontage Road --At the August 1 City Council meeting a motion was approved to continue a request by Al Herrmann for City/ County financial participation for the Fairway Hills frontage road along Pilot Knob Road between Camelback Drive and Interlachen Boulevard, to allow the developer to approach the County Commissioners and present its case and to allow staff to analyze the engineering and legal issues. The City Administrator facilitated a meeting on Wednesday, August 23 with the developers Al Herrmann, Roger Derrick, their engineering representatives Bill Maurer and Ralph Wagner, representatives of Dakota County, the Director of Public Works, Assistant City Engineer and Assistant to the City Administrator. Issues that were raised at the City Council meeting were discussed in detail and for a copy of background information, the developers request and a restatement of the issues, refer to a memo prepared by Assistant to the City Administrator Hohenstein from notes that he and the City Administrator compiled during the meeting. Also included in that memo is a set of findings, analysis and conclusions that represent the issues and proceedings as recorded by the City Administrator's office. It is apparent from the issues described that the City's Engineering Department has made a substantial effort to coordinate two adjacent projects as they were being built. While it is apparent that certain frictions arose as a consequence of this effort, it does not appear that the Department's actions were in any way inappropriate, but simply were intended to bring about a timely and well-designed solution to the situation. The developer has operated under certain assumptions that approvals had been granted and acted on his own to grade and install certain improvements on the presumption that his preliminary plans were acceptable. In taking such action, the developer has exposed himself to a certain risk that the costs would not be absorbed by other parties. A detailed discussion of the issues raised and proposed findings concerning these issues are included in a memorandum pre ared by the Administrator's office which is attached on pages through 00) It outlines several courses the Council could take. They include: 1. Developer takes issue to County Board without City recommendation. I Agenda Information Memo September 5, 1989 City Council Meeting 2. Developer responsible for all costs. 3. City/County responsible for 50% of the cost of the retaining wall and guard rail only. 4. City/County responsible for 100% of the cost of the retaining wall and guard rail only. 5. City/County responsible for all or part of all costs. Additional detail and rationale for these options appears in the memo. The Council must first decide whether or not it is appropriate for the City to take a position in the County project decision or to permit County consideration without a recommenda- tion. If the Council chooses to consider a position, it is appropriate to consider one of the other options as outlined in the memorandum. The City Administrator is not recommending alternative #5 for the reasons stated in the memo. Also enclosed for your review on pages d is a copy of the cost estimates submitted by Bridlewilde Joint'Venture in this regard. The total of the costs as submitted is $36,760. ACTION TO BE CONSIDERED ON THIS ITEM: To consider a position on the developers request for City/County financial participation in certain costs for improvements and to submit such recommendation to Dakota County. M1 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: AUGUST 29, 1989 SUBJECT: FAIRWAY HILLS/PILOT KNOB ROAD ISSUES Background This memo is intended to define certain issue areas, present findings and suggest alternative approaches to the Fairway Hills/Pilot Knob Road issues raised by Bridlewilde Development and Probe Engineering. The complexity of this issue is substantial, as might be expected of a multi-million dollar county road project and developments occurring simultaneously around it. That unexpected consequences arose from such a situation is not surprising. The City and County regularly require right of way and set back dedications, financial guaranties and other means by which responsibilities are assigned and contingencies are anticipated. In this case, the developer contends that the City approved certain design features associated with the Fairway Hills service drive and that changes occurred in the County plans for Pilot Knob Road which, when coupled with the grade differentials, caused an undue hardship for the developer in completing this project. Dakota County states that the only change which occurred in this part of Pilot Knob Road between the final design approved on March 27, 1987 and construction was a modification of lane widths which resulted in the use of an additional one foot of right of way on the Fairway Hills side. The City's Engineering Department states that the service road was specifically excluded from the Fairway Hills First Addition construction with direction to the developer to make the final service road design conform with the widened Pilot Knob Road. Discussions were held with the developer, the County and the City's engineering staff both separately and jointly to attempt to define the issues in this matter. In a three hour meeting on Wednesday, August 23, the following people were present: Al Hermann and Roger Derrick of Bridlewilde, Bill Maurer and Ralph Wagner of Probe Engineering, Dave Evards and Dave Zeck of Dakota County and Tom Colbert, Mike Foertsch, you and I from the City. The nature of various approvals, designs and directions were outlined by the parties and an attempt was made to identify points of disagreement. The issues as defined in the joint meeting, the proposed findings and possible outcomes are outlined below. Developer's Request The developer is requesting that the City Council, upon review and analysis by the City Administrator, take a position in support of the developer in his appeal to the County Board for compensation. As this is a County road project, a decision can be made by the County with or without City input. If the City chooses to take a position, it would be stating that it believes certain costs to be directly related to the Pilot Knob Road project and that they are beyond the commitments and obligations of the developer in the ordinary course of completing his development. Ultimately, the County Board will determine whether such costs are a responsibility of the Pilot Knob Road project. Issues At the joint meeting of the developer, County and City representatives, the parties outlined a series of issues to be resolved. These are listed in the order in which they were raised. They are as follows: 1. The construction of Phase I of the Fairway Hills development resulted in certain utilities, namely catch basins, being installed at the end of Camelback Drive. The service road was specifically deleted from Phase I at the end of Camelback Drive. As Pilot Knob Road construction occurred and the developer began to reconsider his preliminary design for the service road, two additional catch basins were added by the developer in the field to collect runoff at a new low point. If the service road is designed to meet City standards for safety, several of these catch basins will have to be relocated. The developer requests compensation for such costs. 2. As a consequence of the final design and construction of Pilot Knob Road, the current terminus of Camelback Drive lies substantially above the County road grade. The developer submitted a plan for the service road location and connection which begins at the Camelback terminus and does not require redesign or modification of Camelback. To maintain a grade for this design, the developer indicated in his second phse plans that "a retaining wall will be constructed if necessary." In consideration of this statement, the Engineering Department approved the second phase plans with the understanding that detailed plans for the retaining wall and its relationship to the service road would be submitted prior to construction. On his own initiative, the developer installed a retaining wall similar to those constructed by the County at other locations along County road projects to support existing grades. The developer maintains that this became necessary because the County's plans for Pilot Knob Road changed from the preliminary design to the final resulting in a substantial encroachment into the grades adjacent to his project. As stated above, the County contends that the developer should have relied on the final plans and that the only change occurring after the final plan design amounted to a one foot shift. Unfortunately, the developer's service road design did not include engineering details for the retaining wall and its relationship to the service road. As Pilot Knob construction occurred, the grade differentials became apparent and the retaining wall was built without detailed plan submittal, review and approval. As a consequence., the service road as originally designed by the developer could not be built as presented. At its current location and height, this retaining wall requires the addition of a guard rail and the relocation of a part of the curve and service road to insure adequate distances from the edge of the street to the guard rail and the retaining wall. While further analysis is reserved for the appropriate section, this issue appears to be one in which a recitation of the facts requires an interpretation of both perspectives. The developer is requesting compensation for engineering costs to redesign the curve and service road to meet City standards. 3. The developer is also requesting compensation for the cost of the Ki7 retaining wall, guard rail and appropriate signage for the reasons stated above. 4. The developer is requesting design guidelines for the service road, guard rails and set backs of the City. City staff has complied with this request with respect to the guard rail and set backs. The design of the road itself remains a responsibility of the developer to be submitted in detail for staff review. 5. The developer must acquire an additional easement from a platted lot to permit any redesign of the Camelback/service road curve. The developer has already acquired this at no cost. 6. The developer asserts that one of the County's subcontractors damaged and removed approximately one hundred feet of roadway during the clearing and grubbing operation. The developer requests compensation for this item. It would appear that some or all of this material would have to be removed to accomplish a redesign as well. 7. The City states that the service road must be completed during this construction season to provide access to certain homes under construction and to prevent additional, future erosion from this site. Such erosion results in deposits at the Pilot Knob/Cliff intersection. The Engineering Department has forwarded a letter to the developer advising him of the need to complete construction of the service road by October 15. To insure this completion date, the letter also requires proof of commencement of construction by September 11. While the resolution of this issue places these dates in doubt, the developer states that such construction can be completed this year, if the matters above are resolved. Findings and Analysis Certain of the issues raised are matters of fact. Others involve interpretation of City and County policy and the application of standards of practice. Some general findings are outlined below: 1. Dakota County's final plan for Pilot Knob Road is dated March 27, 1987. The Fairway Hills First Addition plat was recorded in June, 1987. Other Fairway Hills plans were recorded still later. While various changes occurred and details were added between the preliminary County plan and the final one, the County states that the only change occurring after the final plan completion was a widening of certain lanes resulting in an additional one foot shift to the east. 2. Deletion of the service road from Fairway Hills' first phase was for the expressed purpose of requiring the development to match the ultimate Pilot Knob Road configuration. 3. Approval of the first phase of Fairway Hills extended only to the end of Camelback Drive and not through the service road curve. Approval of the service road as a part of the second phase of Fairway Hills was subject to the submission of additional detailed plans to make the service road and its connection to Camelback compatible with Pilot Knob Road. Possible deficiencies in the developer's preliminary design for the service road and curve were raised by staff during the second phase review process. These were not incorporated into the second phase design. Instead, the reference to the potential for a retaining wall was inserted. City staff agreed to this conditional design with the expressed direction that additional detailed plans would be submitted if the retaining wall were necessary. No detailed plans were submitted prior to the beginning of the current discussion. While it is particularly sharp, the curve from Camelback to the service road may have met the City's design standards if topography were no issue. Only upon review of the grade differentials and the construction of the retaining wall did it become apparent that the curve was unsafe and could not be constructed as originally designed. 4. City policy places responsibility on the developer to engineer and design connections between original and subsequent phases of projects even if such design implies the removal or relocation of previously approved utilities. S. Certain improvements - grading of the service road, installation of additional catch basins, construction of the retaining wall - were performed without official Engineering Department review and approval, but in the presence of field inspectors or other City or County personnel. While the developer may have interpreted this as official approval, it obviously did not follow ordinary channels of design review and approval, thus contributing to the circumstances surrounding this matter. Grading plans do not imply anything about road design and no engineering details were submitted for either the additional catch basins or the retaining wall. 6. In designing the service road, the developer's engineer should have placed more reliance on the final County plan. Instead, the road alignment which the developer must now redesign is substantially the same as that submitted with the original Fairway Hills plat. If the final County plans had been used, the developer could have incorporated tolerances sufficient to absorb the one foot shift resulting from the lane modifications. Incorporating the final County plans appears to have been precisely the reason that this portion of the plan was originally deleted. 7. While it is the obligation of the developer to design the service road to fit the ultimate design of Pilot Knob Road and while the developer has only received approval for the service road and the curve connecting it to Camelback Drive upon submission of additional detailed plans, the developer's preliminary plans were well enough known that a depiction of the service road appears on the County's final plan of March 27, 1987. While it was incorrect for the developer to presume any design significance from this depiction, it may have contributed to the belief that the design was acceptable and adequate. aS In considering these findings, it is apparent that the issues arise from an attempt to facilitate two projects at once. If Fairway Hills had developed substantially before Pilot Knob Road, it may have become a preexisting condition with clear implications for the road project. If Fairway Hills had been designed later, there would have been no question that the project would have to conform to the final County road designs with all costs falling to the developer. It is also apparent that the purpose of the deletion of the service road from earlier construction was to place the responsibility to make it compatible with Pilot Knob Road on the developer. It is also clear that in order to get certain things accomplished in a prompt manner, the developer made certain decisions individually and without the usual approvals. Thus costs were .incurred without any certainty that the improvements could be approved by the City or County. To this extent, the developer has created his own,exposure to certain costs. City policy is relatively straight -forward with respect to the costs of design, redesign; construction and reconstruction of public improvements, especially as it pertains to connections between phases of projects. It is clearly the developer's responsibility to ,make such connections work at his own cost. The developer asserts that retaining walls and barricades are project costs of the County at other locations along County road projects. In fact, the County did build the substantial retaining walls along the ,north side of Fairway Hills. While the purpose for these retaining may vary, walls as project costs are not without precedent. Conclusions At the joint meeting, several issues were resolved which should permit the project to proceed, contingent upon a determination of the cost issues above. The City has provided standards to the developer with respect to guard rail design and set backs from the retaining wall. Staff also indicated that the City would consider a variance to the boulevard set back on the lot or lots affected by a realigned service road. The City has already permitted the developer to design the service -road at a thirty foot width, with one section possibly shrinking to twenty-eight feet, if necessary. The developer has directed his engineer to begin detailed design work for the service road with a modified curve to connect it with Camelback'. At the same time, he will submit an as -built design for the retaining wall to be certain that it meets City standards. With the design considerations above, the developer's engineer will attempt to align the frontage road such that the retaining wall bears no direct weight from the road surface. In,general, it would appear that the design issues were resolved in concept as a result of these discussions. Final plans must still be submitted for detailed review and construction must be expedited to insure completion by the end of the construction season. The cost issues remain and possible courses of action appear below. 1. Developer takes issue to County Board without City recommendation - As the determination of County project costs lies, with the County. It could be determined that this is a matter between the developer and the County and that no City recommendation is appropriate. ch 2. Developer responsible for all costs - Because the developer was given the responsibility to match the gradelines for the County road and no substantial changes occurred from final design to construction, it could be argued that no hardship has occurred. 3. City/County responsible for 508 of the cost of the retaining wall and guard rail only - Due to the construction of homes which has occurred along the installed portion of Camelback and the grade differential between the completed Pilot Knob Road and the Camelback terminus, it could be determined that the responsibility to insure grade compatibility be shared for those improvements unique to this project and not typically part of connecting subsequent phases of projects. Such costs should be based on what the County would have paid for construction of the same improvements if they had been predetermined to be project costs. 4. City/County responsible for 1008 of the cost of the retaining wall and guard rail only - The Council may find that the existence of a plat in progress implies a sufficient preexisting condition to justify treatment of the retaining wall and guard rail as ordinary project related costs, as the term applies to other completed subdivisions. 5. City/County responsible for all or part of all costs - This finding would require the Council to determine that the City's approval of the first phase of Fairway Hills constituted an obligation on the part of the City to guarantee approvals for designs of subsequent phases. It would further require that the Council find sufficient hardship in the developer's situation to warrant such a remedy despite long standing City policies to the contrary. I do not believe it prudent to recommend this alternative. Certainly this analysis condenses a substantial amount of information. It may be that there are additional details which the developer or City or County representatives wish to present. I believe, however, that the facts pertinent to this decision have been summarized above. If you have any questions in this regard, please let me know. Ass is nt to the City Administrator Bridlewilde Joint Venture August 29, 1989 Tom Hedges City Manager City of Eagan Dear Tom, Please find, detailed below, the cost to date as well as anti- cipated cost for correcting -the service road and Camelback Drive issue as discussed kn,our morning meeting of August 23, 1989. Engineering meetings, redesign drawing to date for ,service road... .......................... ..$ 3,320:00 Drawing, engineering, site supervision, re- taining wall to date ................ 1,454.00 Retaining wall .................... 12,893.00 Estimated engineer to complete redesign ............. 1,800.00 Estimated engineer to do retaining, wall asbuilt.......... .........................,...... 400.00 Estimated rip out and replace 100 ft. of street on Camelback Drive..,............. 3,20,0.00 to il 3,500.00 Estimated remove, hall away, old curb and asphalt from 100 ft.. of Camelback Drive ..................... 700.00 Estimated moving storm sewer catch basins........... 4,800.00 Legal fees spent by Bridlewilde to obtain easement letter from Valley National Bank and represent our interest in this matter, to date, est ............... 2,333.00 Light and electric moving, estimated ................ 1,000.00 Bridlewilde project manager expenses, actual and future estimated...... ..... 2,400.00 Guard rail and install estimated....... 2,160.00 Tom, we are asking, with this letter, again, for the city of Eagan to support our petition to the County for these costs to be included in the overall assessment of the Pilot Knob Road,project. As agreed in our Wednesday morning meeting, we have postponed our August 8, 1989 meeting with the County Commissioners so as to determine the cities position in this matter.. In our meeting, as you are aware, RJ 5'35 Stone Road Mendota Heights Minnesota 55120 891-1100 ('2.) we have requested of the county through their engineer., to be placed on the next possibie,meeting after the city council has rendered their decision. Probe engineering has been given the go ahead to,start the redesign as agreed to this morning. sincerely, Rog Derrick, partner Bridlewilde Joint Venture CN Agenda Information Packet September 5, 1989 City Council Meeting KENNEALY ADDITION=PRELIM. PLAT STORM SEWER PONDING REQUIREMENTS B. Kenealy Addition -Preliminary Plat Storm Sewer Ponding Requirements --On June 6th, Mr. Dick Kennealy approached the City Council under Visitors To Be Heard requesting the City Council to take specific action regarding storm water ponding designation commitments and/or acquisition. At that time, staff informed the Council and Mr. Kennealy that specific evaluation of the needs for his property and the immediate drainage district could not be determined until an application for development of the property had been submitted. Subsequently, Mr. Kennealy made an application for preliminary plat approval for the Kennealy Addition which was reviewed by the Planning Commission at their July 25th meeting. The Planning Commission continued consideration of this preliminary plat application to their August 22nd APC meeting and requested that the City Council specifically address the ponding requirements prior to further consideration by the Planning Commission. In the interim, the City staff has met with Mr. Kennealy, his appraiser and his attorney to discuss the various ponding requirements specifically associated with his plat application. Due to the fact that these discussions were not completed in time for Council consideration prior to the August 22nd APC meeting, it has been subsequently continued to the September 26th APC meeting with a specific request by Mr. Kennealy that this item be considered by the City Council on September 5th so that he may proceed with his plat application process. Enclosed on pages - and � is a letter submitted from Mr. Kennealy's most rece attorney pecifically requesting certain conditions be met in consideration of complying with the City ponding requirements identified by staff in response to his most recent application for platting and development. The following information will provide additional clarification and background regarding this issue. 1. Grading Plan "A" of the Kennealy Addition preliminary plat incorporates 0.78 acres which is adequate to accommodate 2.6 acre feet of storage necessary to handle the increased runoff associated with the development of this property. 2. The proposed grading plan blocks existing natural overland drainage from adjacent property to the existing wetland within the Kennealy property. 3. In order to accommodate runoff from the existing natural drainage tributary area, 0.92 acres would be required to accommodate 5.6 acre feet of storage capacity necessary to handle the development of the natural drainage tributary area. 9.<' Agenda Information Packet September 5, 1989 City Council Meeting 4. The City presently is bypassing this ponding area and does not discharge any storm water onto the Kennealy property. A ponding easement does not exist for this present wetland. 5. Ultimately, approximately 14.9 acre feet of storage capacity will be required along Nicols Road south of Diffley Road to accommodate not only the Kennealy property but also other property within the drainage district as well as upstream storm water runoff through the City's trunk system. The Public Works Department and City Attorney's office have informed Mr. Kennealy of the minimum requirement to dedicate sufficient land area to accommodate 5.2 acre feet of storage capacity with a minimum elevation of 869.3 and a maximum elevation of 875.5. It is felt by staff that this dedication requirement is reasonable in consideration of development of the property and assessments previously levied for trunk area storm sewer. All in accordance to the recent amendment of Minnesota Statutes 1988, Sec. 462.358, Subd. 2b which allows City to "require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use... storm water drainage and holding areas or ponds and similar utilities and improvements." The staff feels that 11% dedication requirement for this ponding area is not unreasonable and should be placed as a condition of preliminary plat approval. In response to the specific conditions addressed in Mr. Kennealy's attorney's letter of August 23, 1989, the following responses are proposed: 1. To be addressed and reviewed at a later date as it may pertain to a particular land use application. 2. The staff recommends that this property be responsible for its normal park dedication requirements irregardless of the ponding dedication issue. 3. The staff does not have objections as long as the previously referenced elevations are also complied with. Presently, the City does not require the fencing of any ponding areas. The City should not assume the responsibility for other agency requirements. The staff does not recommend acceptance of fee title to a ponding area, especially if it is used for density calculations of development proposals. The staff recommends that the dedication of the ponding area as referenced be as a condition of plat and development approval and at no cost to the City. Agenda Information Packet September 5, 1989 City Council Meeting By defining the ponding area requirements for development of this property, we feel that the "cloud" no longer exists. The Public Works .Director and City Attorney will be happy to address any questions or issues regarding this discussion. ACTION TO BE CONSIDERED ON THIS ITEM: To determine an appropriate storm water ponding requirement for the Kennealy Addition preliminary plat application. oil EDWARD M. CHRISTIAN LOREN GROSS JAMES M. EEMPAINEN August 23, 1989 CHRISTIAN AND GROSS ATTORNEYS AT LAW C; 6609 LYNDALE AVENUE 80. lgq, MINNEAPOLIS. MINNESOTA 55430 '4Y TELEPHONE aa1-Sa3a T0: Mayor and Members of City Council City of Eagan 2830 Pilot Knob Road Eagan, MN 55122 JCean-0A.//y Qdd-Pra/.A. Pl.-t Dear Members of the Council: Patio AP -0 We represent Richard Kennealy, owner of property lying in the southeast quadrant of Diffley Road and Nichols Road in the City of Eagan. In that capacity, we have met with members of the Eagan city staff in an attempt to resolve problems which have arisen because of the city's storm sewer capacity in that area and the fact the storm sewer system was evidently designed to require that a portion of Mr. Kennealy's property be used as a ponding area for storm water. Mr. Kennealy has 595.6 feet of frontage on Nichols Road and he has been specially assessed for that street for all of that frontage at the applicable commercial rate of $90.32 per front foot. In addition, his property was subjected to a storm sewer area assessment of 3.9 cents per square foot. In the assessment for storm sewer, he was given a credit for 1.6 acres. Although his property has been committed to drainage ponding use since 1978 (see Mr. McMenomy's letter to Paul Hauge dated April 10, 1978. At that time Mr. McMenomy was Mr. Kennealy's attorney), no compensation has ever been paid to Mr. Kennealy for any ponding easement. City staff's current proposal is that Mr. Kennealy should dedicate .92 acres of his remaining 7.65 acres of land for ponding purposes. This required dedication constitutes a taking of 128 of his land, an amount in excess of the normal dedication associated with platting. In addition, he would be required to dedicate .6 acres for right-of-way for Nichols Road. However, we have not included that acreage in the above computations and leave no objection to that dedication. Mayor and Members of City Council August 23, 1989 Page 2 In an attempt to make peace with the City of Eagan and to have the ponding "cloud" on his property resolved once and for all, Mr. Kennealy is willing to dedicate the requested .92 acres (40,075 feet) to provide 5.2 acre feet of storm water storage on the following conditions: 1. Mr. Kennealy or his successors in title will always be allowed by the City to use the entire 7.65 acres for any and all density requirements. 2. The City of Eagan agrees that the .92 acres for ponding easement and the .6 acre for Nichols Road fulfill all dedication requirements for the entire 7.65 acres including, but not limited to, park dedications. 3. The landowner shall have the right to locate the pond and to grade the pond to any configuration so long as 5.2 acre feet of storage are provided. Any excess fill from the gr;ad'ing, may be used by landowner in balancing the grading on the site. 4,. In the event fencing is required by the City or any other agency, the City shall be responsible for erecting and maintaining said fence. Further, the City shall assume all responsibility arising from the maintenance of water on the property including, if deemed necessary by the landowner, acceptance of fee title to real estate eventually put into the ponding area. 5. The City of Eagan shall pay to Mr. Kennealy the sum of $20,000.00 cash in exchange for the easement granted.. These conditions are requested in order that all parties may hereafter know exactly what is requested with regard to this property. The "cloud" raised.by this indefinite ponding requirement has already caused Mr. Kennealy the loss of two sales of the subject property. He would like very much to be able to sell it for development which would be to the mutual advantage of the City and the new landowner. Until this matter is resolved, his property is unsaleable. Thank you for your consideration. .1 Yo rs^ ver tfuly, Loren Gross LG/ar CC: Richard Kennealy Ray Connelly Agenda Information Memo September 5., 1989 City Council Meeting REQUEST SPECIAL ASSESSMENT ABATEMENT STRATFORD OARS A. Request Special Assessment Abatement for Stratford Oaks --The City has received a request from Dan Dolan, representing the Eagan 40 Limited Partnership, that certain assessments against two (2) parcels referenced as the Stratford Oaks project be abated by the City Council and reconsidered with subsequent development proposals. With the approval of the Stratford Oaks final plat on September 19', 1988, the City certified to the County Auditor for collection of various assessments related to the property. Unfortunately, Dan Gustafson did not record the final plat at the County and the first installment of the assessments due and payable in 1989 is now levied against the two underlying parcels. For an additional review of the request, refer to pages through tCj1, A copy of the map and the City Attorney's memo are attached to the Finance Director's memo. ACTION TO HE CONSIDERED ON THIS ITEM•: To approve or deny a request by Dan Dolan to abate assessments that are now levied against two underlying ,parcels within the, Eagan 40 Limited Partnership and, further, that the reassessment be considered with subsequent development proposals. t 0 a MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK DATE: AUGUST 28, 1989 SUBJECT: STRATFORD OAKS ASSESSMENTS With the approval of the Stratford Oaks final plat on September 19, 1988, the City certified to the County Auditor for collection numerous assessments related to that property. Unfortunately, Dan Gustafson did not record the final plat at the County and the first installment of the assessments due and payable in 1989 is now levied against the two underlying parcels. Dan Dolan, representing the Eagan 40 Limited Partnership, is requesting that these assessments, including interest and penalties, be abated by the City Council and be reconsidered with subsequent development proposals. One of the two underlying parcels is split by Thomas Lake Road with a 2.2 acre piece being east of the road. Assessments at various levels have been proposed at various times against that 2.2 acre piece of property. However, in 1987, an appraisal was performed and agreement was reached that $35,000 was the proper amount to be levied for the 2.2 acres. In April of 1988, Mr. Dolan signed a waiver of hearing for that amount and the assessments were then certified for collection. In spite of the fact that he signed the waiver, Mr. Dolan is now requesting that those assessments be abated and recertified with subsequent development. From the City's perspective, it is unreasonable to agree on a dollar amount based on an appraisal and then not certify the amount until some point in the future when an appraisal would certainly be higher. We already have a figure determined in 1987 with the first installment due in 1989. In spite of the complications caused by the split parcel, I do not feel it would be appropriate to abate this portion of the assessments in question. In regard to the second piece (the balance of the split parcel and one additional tax parcel), Mr. Gustafson, as a condition of plat approval, signed the waiver of hearing for assessments totaling $231,163.88. That amount was also certified for collection upon approval of the Stratford Oaks final plat. Since he did not own the property when he signed the waiver and the final plat was not recorded, Mr. Gustafson cannot obligate the property for these assessments and they should be abated as requested. Attached to this memo is a quarter section map showing the 2.2 acre parcel (Waiver 220 - $35,000) and two maps showing the Stratford Oaks plat (Waiver 263 - $231,163.88). Also attached is a copy of a memo from Joe Early of the City Attorney's office recommending that the assessments related to Project 549 (the Gustafson waiver) be abated. ko \ It should be noted that no pending, assessments are currently listed on these parcels. All pending :assessments were removed upon execution of the waivers. I have suggested to Mr. Dolan that he be present at the City Council meeting on September 5 to further clarify this request as necessary.. Please let meknow if you would like to discuss this matter or if you would like any additional information. 1�w FinanERr Director/Cty'Clerk Attachments cc: Tom Colbert Jim Sheldon EJV/vmd A"lC 9�/ % • ; WAIVER OF HEARING � -3D /'� Special Assessment Authorization I/Ile hereby request and authorize the City of Eagan, MN (Dakota Co.) to assess the following described property owned by me/us: for the benefit received from the following improvementst ITEM QUANTITY RATE AMOUNT PROJECT Lump Sum Assessment' $35,000 Various 1� TOTAL $35,000 to be spread over 15 years at an annual interest rateof 9 % against any remaining, •. unpaid balances. --- The undersigned, for themselves, their heirs, executors,_administrators successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments -made pursuant to this agreement. Dated:' January 8, 1988 STATE OF ;; f I, J',, ) SS COUNTY OF ;.,,.,,-.�, •) Eagan 40 Limited Partnership - on this.�,_r'day of ( before me a Notary 'Public within and for said County, personally a pca d _X: L __ to me personally known to be the person described in and who executed the foreg"oing instrument and acknowledged that`, executed the same ash free act and deed. Public This Document Drafted By: Notary BONNIE MILVERSTEDT Hauge, Smith,, Eidc f, Kehler, P.A. pPPROVG RI,"j xolnnrvueut wasenalonce way 3908 Sibley Memorial Highway ""`"m"°°°"E'"l"Jun 12.lm Eagan, Minnesota 55122 j/J/ (612) 454-4324 Egan clic Works D rector -- Revised: 8-30-82 d. 4n7cC — itic:JC fivl c C•60✓( OH /vlr v6)i. 1ed47,1✓ SECe 28 T. 27 SW 1/4 SEC 21, T. 27, R �3 N .R23 "-n •• MI+ "-a BERNARD M. LARSON 0 kOTA CUOYMTY�YIYM. SEPT..lor? RE Ay i EXHIBIT D WAIVER OF HEARING 00263 Special Assessment Authorization I/We hereby request and authorize the City of Eagan, MN (Dakota County) to assess the following described property owned by me/us: Lot One (1), Block One (1) and Lot One (1), Block Two (2), STRATFORD OARS Addition to be assessed equally on a per lot basis. ($231,163.88 divided by 2 equals $115,181.94 per lot.) for the benefit received from the following improvements: ITEM QUANTITY Lateral Benefit from Trunk Watermain 827.43(1) (Diffley Rd) Lin.Ft. Lateral Benefit from Trunk ?'aterma-i'n Upgrade 1064.52 (Thomas Lk Rd) Lin.Ft. Storm Sewer 1,1183,912 Trunk Area Sq.Ft. Thomas Lake Road Upgrade 360 Lin.Ft. Diffley Road 902.43 Lin.Ft.(,2) PROJECT RATE AMOUNT NUMBER Wi- r/ 21.,60/F.F. $ 17,872.49 B6 /� Zb,9y0.�1 8,.50/F.F.(3) 91048.42 237 SSTK $0.07/Sq.Ft. 82,873.84 257 17�I sr 42..15/F.F.(3) 15,174.00 237 Sr 90.20/F.F. 81,399.,19 sJ422533 195. Trailway - Diffley Road and Thomas 1,907.38 TCL Lake Road Lin.Ft. (2) $13.00/F.F. 24.795944 -9-nS33 163. TOTAL S231,8,8 11 5 y (1) 150' corner lot credit given. (2) 75' corner lot credit given. (3) Difference between the single family rate and the multi -family rate. to be spread over five (15) years at an annual interest rate of 9% 3yninst any remaining unpaid balances. Ion The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. DATED: `� .A STRATFORD OAKS OF E'AGAN PARTNERSHIP lvifftf a Minnesota general partnership i i/L(!f Xy-, cX/Ci / STATE OF MINN1ESOTA ) -_� /C .-4,4 BS*Hy: ldf, I COUNTY OF Dannie H. Gustafson Its: General Part'her On this T+—ti c day of :ZX� `L4t , 1988,, before me a Notary Public withn an4 for said County, personally appeared Dannie H. Gustafson to merd`igbn'kly known, who, being by me duly sworn to be a partner of the Partnership named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said partnership and that said instrument was signed and sealed on behalf of said Partnership by said Dannie H. Gustafson and _he acknowledged said instrument to be .the free act and deed of the Partnership. SALLY 8. MEDIN WTARY KNJG • ►ONNEJO►A - - DAKOTTAA COUNTYNotary ubl is W48 1 APPROVED Eagan Public Works Director \`O(o -2- e--� 0 F* . . . . ....... 7'Z EXHIBIT STRATFORD" OAKS AREA TABULATION 150' CORNER LOT CREOIT 0 -T� . 30 N, 5AN * * * LATERAL BENEFIT FROM TRUNK WATERMAIN LATERAL BENEFIT FROM TRUNK WATERMAIN UPGRADE STORM SEWER TRUNK AREA pRost ENGINHAING INC. EXHIBIT °D" STRATFORD OAKS . AREA TABULATION lT , .IR. 1 •.U.•.0 rt. r... r• , u_ur iL . L/. �.� �• l01 . AOCII . N. �r,tl lt. •...n ,. •.,..t, tl I\. ' -- --- 75' CORNEFt LOT CREDIT s•.ue vvrr . } 1`—* iF iC1•5}wyllX K rt if* 0* ? I ��__._= r. etlr rw. un..v w.•t. 11aaa�aaal�a�a�a�aal�l' :I lwr:':'!- 1t • f : .' ! I • J •'V .•-\. �� : `. lid r � all :i 'li r� ., i/ :,• . � r..r.wvwrsr vow _:. �wJ '•/ �I �� P-� •' .J � ,r on•wv,r v.rm w.nas irl VjCWrV MAP •� 17 L'•'••••a i � ,w.ev.ran vvnaa vc,avr � If... v 1 �.i .'i',,i :: -..• •i #* � �.�.. a,vnr +sts rrnveme.m 2.. �,. .vim .. I I : IJ •- i•yyV F'fl.ir r.V.Y I mass f COMIRNr, Inc. A nF A cNFFTC ■ -+••THOMAS LAKE ROAD UPGRADE ��■ DIFFLEY ROAD - STREET MULTIPLE FAMILY :QUIVALENT +: *JTRAII.WAY - nIFF1 FY ROAD AND THOMAS L'SKE ROAD 395 P02 AUG 30 '89 08:05 MRS M'E140RAN DU'M TO: Sane VanOverbeke, Eagan Finance. Director Attorney Assis FROM: Joe Earley, tant City DATE: August 29, 1989 RE: Stratford Oaks Assessments Our File No.: 206-5501 This memorandum is to confirm our conversation of August 28, 1989. -pared for the tion Of ary A feasibility e sibilsewereinrtheaStratford Oaks devel pmenta(ProjectsNoit549). an o forward with the Subsequently, the developers decided not to g development and the utility improvements were never made. in the meantime, however., the developers had signed assessment waivers and the proposed costs of project No. 54'9 were certified against the property and sent to the County - The property is now being sold and the owners wish to have this assessment removed. I. have discusses this matter that then Jim with Sheldon and Mike Dougherty lthe u assessment should be caddnot incur thesetcostses were never installed and the City if any public improvements are made in the future, a new public hearing would be required. further questions or concerns. please contact us with any CC; Tom Hedges, Eagan city Administrator �0 1 Agenda Information Memo September 5, 1989 City Council Meeting ORDINANCE AMENDMENT/CHAPTER 11 TO ALLOW INTERIM USE PERMITS B. Ordinance Amendment, City of Eagan to Chapter 11/Zoning Ordinance to Allov for Interim Use Permits --A public hearing, was held by the Advisory Planning Commission at their last regular meeting held on August 22„ 1989 to consider a proposed amendment to the City Code Chapter 11 that allows for interim use permits. The APC is recommending approval. The interim use is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it as provided in the definition of the proposed City Code change,. For additional information on this item, refer to a copy of the memo and ordinance amendment as pented by the. ity Attorney's office and referenced as pages through . For a copy of the APC action on this item, refer to page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment to City Code Chapter 11 that allows for interim use permits. oko M E M O R A N D U M TO: Jim Sturm, City Planner FROM; Joe Earley, Assistant City Attorney DATE: August 17, 1989 RE: Interim Use Permit ordinance Our File No.: 206-7541 In the most recent legislative session, the legislature revised Minnesota Statutes 4'62.3597 to allow for interim uses of property. An interim use is defined as a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. A good example of an interim use would be the Tri -Land golf driving range. A use such as this would be an appropriate temporary use but would not be an appropriate permanent or long term use. The state statute also sets forth requirements which must be met prior to the issuance of an interim use permit. Attached for your review and comment is a,proposed amendment to the City Zoning Ordinance giving the City the ability to issue these interim use permits. It should be noted that interim use permits would not be applicable to uses which are already allowed under the current zoning ordinance as permitted or conditional uses. Please contact me with any questions or concerns regarding .this ordinance revision. JPE CC. Tom Hedges, Eagan City Administrator ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN., MINNESOTA AMENDING'RAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY ADDING SECTION 11.22 REGARDING INTERIM USE PERMITS; AND BY ADOPTING' BY REFERENCE RAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.22 to read as follows:. Section 11.22 Interim Use Permits.. Subd. 1 Definition. "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Subd. 2 Conditions. The City Council may issue interim use permits for an interim use of property if:: A. The use is not already a permitted or conditional use under the'zoning regulations. B. The date or event that will terminate the use can be identified with certainty. C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and, D. The user agrees to any conditions that the council deems appropriate for permission of the use. Subd. 3 Termination. Any interim use may be terminated by a change in zoning.regulations. 1Iz Subd. 4 Public Hearings. public hearings on the granting of interim use permits shall be in the manner provided in Minnesota Statutes Section 462.357 Subd. 3. Section 2.. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the entire City Code including "penalty for violation"" and Section 11.99 entitled "violation a misdemeanor" are hereby adopt in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This Ordinance shall take affect upon its adoption and publication according to law. ATTEST: By: E.J. VanOverbeke Its: 'Clerk Date Ordinance Adopted: CITY OF EAGAN CITY CWNCIL By: Victor L. Ellison Its: Mayor Date Ordinance Published in the Legal Newspaper: -j13 Agenda Information Memo September S. 1989, City Council Meeting DECLARATION OF DEFAULT OF DEVELOPMENT AGMT/BRITTANY 10TH ADDN C. Declaration of Default of Development Agreement (Brittany 10th Addition), --The City staff has been unsuccessful in getting the developer of the Brittany 10th Addition to comply with the conditions and schedule of the Development Agreement for the required subdivision improvement. Unfortunately, staff feels it is now necessary to proceed with a formal Declaration of Default so that this work can be performed by the City and financed through the existi financial security and Letters of' Credit. Enclosed on pages throughis a Summary Resolution and Findings of Fact as prepared by th�gineering Division and City Attorney's office. This information was forwarded to the developer informing him that this item would be placed on the September 5 Council agenda in accordance with the terms of the Development Agreement. Also, we have been contacted by contractors and their attorneys indicating concerns over nonpayment by the developer for work already performed. The staff and City Attorney have explained to these individuals that the City cannot guarantee payment for privately installed improvements as the only security the City requires is to ensure the improvements are installed in accordance with City standards. Enclosed on pages 1" through is a listing of all issues that need to be corrected and/or ompleted. City staff has received three written quotations from contractors indicating the estimated cost will range from approximately $75,000 to $82;,100. In addition to this estimated construction cost, there are additional costs continuing to be incurred by our consulting engineer, City Attorney and staff personnel in trying to resolve this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To declare Brittany Estates, Inc., in default of the Development Agreement for the Brittany 10th Addition and authorize the City staff to proceed with appropriate action. pir Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 22, 1989 Assistant City Engineer Mike Foertsch informed the Commission that staff had examined the matter and pointed out that the number of. approvals must be made prior to the project commencement. ORDINANCE AMENDMENT/CHAPTER ll/ZONING'- INTERIM USE PERMITS Chairman Pawlenty convened the public hearing regarding the proposed amendment to the Eagan City Code, Chapter ll,, by amending the zoning ordinance to allow for interim use permits. Assistant City Attorney Joe Earley introduced the item and explained the proposed amendment. Trygg moved, Miller seconded, the motion to approve the ordinance amendment to Eagan City Code, Chapter 11, by amending the zoning ordinance to allow for interim use permits,. All voted in favor. ADJOURNMENT Voracek moved, Miller seconded, the motion to adjourn the meeting of the August 22, 1989, Advisory Planning Commission.at 10:25 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission CITY OF EAGAN RESOLUTION IN RE: BRITTANY LOTH ADDITION WHEREAS, by DEVELOPMENT CONTRACT dated September 15, 1987 the CITY OF EAGAN and BRITTANY ESTATES, INC. (hereinafter referred to as "DEVELOPER") agreed that DEVELOPER would develop that subdivision known as BRITTANY 10TH ADDITION within EAGAN; and, WHEREAS, DEVELOPER's improvements in said subdivision were to be completed in 1987 and 1988; and, WHEREAS, DEVELOPER has failed and refused to complete the improvements and the subdivision and various disputes have arisen; NOW THEREFORE, EAGAN hereby makes and adopts the following FINDINGS OF FACT 1. EAGAN and DEVELOPER entered the DEVELOPMENT CONTRACT governing the BRITTANY 10TH ADDITION on the 18th day of September, 1987. 2. Pursuant to Paragraph 5 of the DEVELOPMENT CONTRACT, the following critical completion dates were specified': DATE ACTIVITY July 30,1987 Site grading including the ponding area September 30, 1987 Utilities (sanitary, water and storm sewer) November 1, 1987 Boulevardrestoration July 15, 1988 Wear course completed 3. To this date, none of the above completion dates have been complied with and none of the above specified items, among others, have been completed by the DEVELOPER. 4. On or about May 23, 1989 the City's Consulting Engineer, Bonestroo, Rosene, Anderlik & Associates, Inc., submitted a punch list and work order of defective and/or incomplete work to DEVELOPER and, to date, DEVELOPER has failed and refused to correct and/or complete those punch list/work order items. 5. By certified letter dated July 20, 1989, the City's Engineering Technician, Craig E. Knudsen, sent DEVELOPER, via Carl Tollefson, another punch list and advised DEVELOPER that the items on that list and those previously addressed in the May 23, 1989 Bonestroo punch list were still not completed. This letter further stated that as the contractually specified completion date for the subdivision was August 15, 1988, EAGAN demanded that all of the punch list and incomplete items be completed not later than August 15, 1989 or DEVELOPER would be held in default. 6. As of 5:00 p.m. on August 28, 1989 none of the incomplete or deficient items had been remedied, and DEVELOPER and/or Carl Tollefson had made no arrangements with the CITY regarding this matter. 7. At approximately 10:00 a.m. on August 29, 1989, Mr. Tollefson discussed this matter with Engineering Technician Knudsen and advised Mr. Knudsen that Erickson Contractors would go to the subdivision "next week" to finish the project and do the remedial work. B. At approximately 10:30 a.m. on August 29, 1989, Mr. Knudsen had a telephone conversation with Erickson Construction regarding its completion of the project and remedial work. In that conversation, Erickson would not confirm to Mr. Knudsen that it would, in fact, be on the job site the "next week" as previously represented to Mr. Knudsen by Mr. Tollefson. 9. In addition to the incomplete and defective improvements, under the DEVELOPMENT CONTRACT, DEVELOPER is required to maintain an escrow for the CITY's costs incurred in the Development. 10. By the Knudsen letter of July 20, 1989, DEVELOPER was advised of, and was sent an invoice for, DEVELOPER's negative balance on its escrow account in the amount of ;7;899.84. The Knudsen letter further demanded that DEVELOPER reimburse EAGAN this $7,899.84 within thirty days. 11. As of August 29, 1989, DEVELOPER has not reimbursed the CITY for its negative escrow balance. 12. Paragraph 9 of the DEVELOPMENT CONTRACT allows the CITY to place a DEVELOPER in default for a breach of the DEVELOPMENT CONTRACT. 13. As a condition to entering the DEVELOPMENT CONTRACT, the DEVELOPER was required to post a Letter of Credit with EAGAN to insure its timely, full and proper completion of its obligations under the DEVELOPMENT CONTRACT. 14. To comply with this precondition, DEVELOPER posted IRREVOCABLE LETTER OF CREDIT NO. 4513 issued by Builders Development and Finance, Inc. with EAGAN. Based upon the foregoing FINDINGS OF FACT, the City Council of the CITY OF EAGAN hereby adopts the following resolution: BE IT RESOLVED, that BRITTANY ESTATES, INC. is hereby declared to be in default of its obligations to the CITY under the DEVELOPMENT CONTRACT dated September 15, 1987; and, BE IT FURTHER RESOLVED, that the City Administrator, acting through his delegates, is hereby directed to make the appropriate arrangements and contracts for the completion and repair of the defective,and/or incomplete improvement work at the BRITTANY TENTH ADDITION and that all of the costs of such work,, (specifically including not only the direct construction costs but also all of the CITY's reasonable extra engineering, administrative and legal expenses incurred in this matter, all as authorized by Paragraph ik8 11 of the DEVELOPMENT CONTRACT) be charged against the Letter of Credit previously posted with the CITY by DEVELOPER; and, BE IT FURTHER RESOLVED, that the City Administrator, -acting through his delegates, is hereby authorized and directed to draw on said Letter of Credit to defray all of the CITY's foregoing construction costs and other expenses, all as is authorized by the subject DEVELOPMENT CONTRACT. Dated: CITY OF EAGAN ATTEST: By: E.J. VanOverbeke Its: City Clerk By: Victor L. Ellison Its: Mayor PROPOSAL FOR COMPLETION OF CONSTRUCTION BRITTANY 10TH ADDITION EA'GAN, MINNESOTA PROJECT NO. 87BB FILE NO. 4987BB SITE GRADING AND EROSION CONTROL 1 Each Excavate for pond and dispose of material off site @ DOLLARS CENTS $ /each $ 1 Each Regrade, place topsoil, seed, provide erosion control on storm sever easement to Pond.LP-6 @ DOLLARS CENTS $ /each $ 1 Each Remove debris from .area of future road 6 dispose of off site @ DOLLARS CENTS $ /each $ 1.5 Acres Provide topsoil 6 seed along boulevards where needed @ DOLLARS CENTS_$ /acre $ 1 Each Provide seeding 6 erosion control along storm sever ease- ment west from Vestminister Circle @ DOLLARS CENTS .$ /each $ LUMP SUM Clean all sanitary sever lines (3,170 ft.) @ DOLLARS CENTS LUMP SUM $ 403 Lin.ft. Televise sanitary sewer @ DOLLARS CENTS $ /lin.ft. $ 10 Hours Provide crew & equipment to excavate 6 repair sanitary sewer lines @ DOLLARS CENTS $ /hour $ 1 Each Repair storm sewer, restore yard @ DOLLARS CENTS $ /each $ 1 Each Furnish 6 install barricade @ DOLLARS CENTS '$ /each $ 20 Each Uncover curb boxes 5 place fence post next to curb box $ DOLLARS CENTS $ /each $ 6 Each Furnish E install structure markers @ DOLLARS CENTS $ /each $ Page 1. MISC ,ZC� 1 Each Clean all storm sever lines @ DOLLARS CENTS $ /each $ 1,000 Ton 2341 Bituminous wear including oil @ DOLLARS CENTS $ /ton $ 600 Gals_ Tack @ _ DOLLARS CENTS $ /gal. $ 18 Each Adjust manholes @ DOLLARS CENTS $ /each $ 8 Each Adjust gate valves @ DOLLARS CENTS $ /each. $ TOTAL SITE GRADING AND EROSION CONTROL ........ $ Respectfully submitted, (A Corporation•) (An Individual) Name of Bidder (A Partnership) By. Title Printed Name of Signer Address City, State 6 Zip Code Telephone No.. Page 2. MISC MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1, 1989 SUBJECT: INFORMATIVE AIRPORT INFORMATION Attached on pages you will find a memorandum from Assistant to the City Administrator Hohenstein concerning several recent developments in the airport relations area. The memo concerns the dramatic shift in the traffic mix toward departures for the Eagan/ Mendota Heights area in July, the schedule for the Runway Use System public hearings, information concerning a proposed permanent noise monitoring system to be installed by the MAC and the Northwest Airlines Stage III fleet mix. Please review the memo for details in these areas. Please pay special attention to the map on page A;0 which depicts the proposed noise monitor locations around the airport. If any Councilmembers feel strongly that different or additional monitor locations should be suggested to the MAC, such direction should be given to staff. LEXINGTON AVENUE RECONSTRUCTION On August 15, formal bids were received for the reconstruction of Lexington Avenue from Diffley Road to Yankee Doodle Road. The successful bidder was Enebek Construction Company who is the same contractor who performed the Pilot Knob Road, Cliff Road and Diffley Road reconstructions during the past 16 months. On August 29, a preconstruction conference was held at Dakota County. Due to the size of the project and the late start, this project will be broken into two phases. The first phase will start at the south end and continue north through the intersection with Westbury Drive. This work will be scheduled such that it will be reopened to traffic for the winter season. The second phase remainder of the project will be started early in the spring of 1990 with completion by early fall of that same year. Lexington Avenue will be closed to thru traffic south of Wescott Road starting Wednesday, September 6, with a temporary stop sign at the intersection of Wescott Road to remain in effect until the overall completion of the project. There are no signals to be installed at the present time, but provisions are being made for possible future signal installations at the intersection of Duckwood, Wescott and Northview Park Road as the future needs and warrants may dictate. 1989 SEAL COATING PROGRAM The City has recently completed its seal coating street maintenance operations for 1989. Any excess aggregate will be left on the roadway for the next 1-3 weeks to ensure maximum adhesion. After this, the City's Street Maintenance Division will proceed with its street sweeping cleanup operations which should take an additional 1-2 weeks. /S/ Thomas L. Hedges City Administrator 2 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENBTEIN DATE: AUGUST 30t 1989 SUBJECT: AIIGIIBT 22? 1989 MASAC MEETING Several items came up at the most recent MASAC meeting which probably should be shared with the Council. I. Preferential Runvay Use and Complaint Summary - Attached you'll find Runway Use and Complaint Information from July. You will note that 83% of the departures occurred to the southeast in the direction of Eagan and Mendota Heights. While the addition of 18% of the landings result in a total of only 50% of the total traffic, the 4-1 ratio, of departures to arrivals is very unusual. It was indicated that while some of this total is the consequence of strong winds and weather, the predominant reason for the shift was an independent decision by the FAA to focus on the PRS preference to Runway 11 operations. The consequence of this decision is apparent in the complaint summaries where the City of Eagan had 450 complaints, 427 of them for departures. Combined with Mendota Heights and Inver Grove Heights, the area southeast of the airport totalled over 700 complaint in July. In the past, typical summer months have resulted in between 150 and 200 complaints from Eagan and Mendota Heights respectively. While there have been occasional shifts toward departure traffic in the past, the largest shift I can recall is in June of 1988 when approximately 7.5% of the departures occurred over Eagan and Mendota Heights. Because of the FAA's insistence that it was merely following the preferential runway system, it will take several months of information to determine whether or not this is an indication of a systematic change. It is hoped that this is an anachronism and that a resumption ofmore even distributions will occur in the future. A brief review of recent years shows a slight increase in departure traffic to the southeast during the summer months with more even percentages during other parts of the year. Oddly enough, the presence of so many complaints elicited a somewhat hostile response from South Minneapolis representatives who felt that the noise impact from 83% of departures did not translate into a large number of affected people. It is very unfortunate when the Corridor continues to be a liability and residents of one of the most responsibly planned communities are expected to accept impacts for the benefit of Minneapolis. t z.3 II. Runway Use System Public Hearings - The MASAC public hearings on the Runway Use System Test will be held on two evenings, September 26 and October 3 at 6:00 p.m. These meetings will be held in High School auditoriums in Richfield and St. Paul. MASAC will then consider the issue in regular session at its October 24 meeting. Part of their recommendation will be that MAC locate its public hearing in an auditorium in Eagan or Mendota Heights. At the present time, it appears that the Runway Use System is being opposed by all Cities with the exception of Minneapolis, at least as it was flown. It is receiving strong support by the industry side of MASAC, however. III. Permanent Noise Monitoring System - MAC is pursuing the possibility of a permanent noise monitoring system which can be integrated with digital information from the tower to correlate noise events with flight tracks. Attached you will also find information from Harris Miller Miller & Hanson concerning the Airport Noise and Operations Monitoring System (ANOMS). The recommendation of the consultant calls for location of twenty monitors around the airport with two each in Eagan and Mendota Heights. One of the Eagan locations will be in the Avalon and Burnside area of Country Home Heights and the other will be located in the McKee Addition. Staff has recommended that the MAC analyze a third location farther down range, perhaps in the area of the Windtree Addition near Elrene and Wescott. Whether the airport were to add such a location or not, staff could request temporary locations of monitoring stations in various neighborhoods that would have the same capabilities of the permanent locations. A graphic depiction of the suggested locations is included within the attachment. Two additional maps show the types of tracking information which might be available through this integrated system. The system will permit the MAC, within fifteen days of an event, to compile data concerning noise exposure at a particular time and the specific flight tracks occurring in the area during the hours requested. If there are any questions concerning this item from yourself or the Council, please let me know. IV. Northwest Airlines Stage 3 Pleat Mis- At the July meeting of MASAC, a study was distributed by MAC staff which indicated that Northwest had among the lowest percentages of Stage 3 aircraft of any airline in the United States. The total was 30% Stage 3 compared to companies like American Airlines, which has 60% Stage 3. This report was exacerbated by information from South Minneapolis representatives that Northwest was taking delivery on twelve European DC -9's in the near future. No Northwest representatives were present at the July meeting to respond to these issues. lz4 On Tuesday evening, Ben Griggs, a Northwest Airlines Vice President, explained the reason for the low Stage 3 percentage and outlined the company plans for fleet replacement. He stated that before the merger, Northwest Airlines had a very large percentage of Stage 3 aircraft due to their purchase of quiet generation DC -10's and 747's for their international routes. After the merger, the company acquired the smaller, noisier Republic DC -9 fleet which services the domestic portion of their routes. To illustrate, Griggs stated that while only 30% of the aircraft may be Stage 3, that equates to 48% of their seats being on Stage 3 aircraft. He further stated that as a mid-continent hub, Minneapolis/St. Paul will tend to attract smaller, short -haul aircraft than will coastal airports where a larger percentage of the traffic is international, requiring larger planes. Despite, he states that Northwest intends to aggressively replace its 727's and DC -91s as aircraft become available. The availability of Stage 3 aircraft is one of the reasons for the lease of the European DC -9's. Griggs stated that the European planes were being leased for seven years to bridge the gap between current demand and the availability of new planes. He pointed out that airplane manufacturers rarely, if ever, have excess inventories and simply build to meet demand. Right now, all domestic airlines and many international airlines are competing to acquire the newer, quieter, more efficient aircraft. Griggs stated that Northwest currently has a firm order for options on 150 Stage 3 aircraft to be delivered over the next eight years. This is roughly evenly split between firm orders and additional options. while airplanes will be delivered throughout the period, the largest additions to the fleet will occur between 1992 and 1994. In addition, Northwest will begin to replace its smaller DC -9 fleet with approximately 180 smaller Stage 3 aircraft. These will begin to enter the fleet in 1993 and will continue to be added through the year 2000. Beginning in 1992, Northwest will begin releasing its 727 aircraft and have them completely phased out of the fleet by 1997. It will release the DC -91s as replacement aircraft become available between 1994 and the year 2000. This effort will retire approximately 142 short and medium -haul noisy aircraft. Griggs states that this will result in its fleet being approximately 62% Stage 3 by 1995 and 83% Stage 3 by the year 2000 with 100% Stage 3 integration in approximately 2007. Griggs reiterated new owner Al Checchi's plan to enhance the fleet even further. In fact, the recently signed agreement with Northwest pilots links additional jobs with the addition of airplanes. Hopefully, these additional planes will take the form of additional Stage 3 orders rather than extending the life of the older, noisier aircraft. Finally, Griggs stated that the additional Stage 3 aircraft will tend to congregate at Minneapolis/St. Paul due to the high percentage of origination and destination traffic that occurs here. Such traffic, when combined with the hubbing traffic, forces the scheduling of larger aircraft which in the Northwest fleet tend to be newer and quieter. I realize this is a great deal of information, so you should feel free to pass on whatever is appropriate to the Council, but I felt that each of these items at least merit some attention from them. As stant to the C y Administrator Attachments JH/vmd l 2to NOISE COMPLAINT SUMMARY 1988 1989 Hold -Chamberlain 3245 Run -ups; 2 Miscellaneous 29 7MAL 3276 1989 General Aviation wold-Chamberlain 1903 Run -ups 4 Secondaries: Air Freight Airlake 0 Anoka 4 Crystal 2 Plying Claud 8 Lake Elmo 0 St. Paul 16 TUML 1937 Jc u Croeet " ti 12.78 & 74.68 494 FISP Ftt*mY USAGE imy 1989 Minnesota River KEY Approx. I of Scheduled oix-rat ions (carriers arm Comniters 1988 / 1989 Air Carrier 677 635V Cmmuter (3rd 181 184 level) General Aviation 202 139 Military 13 15 Air Freight 54 49 70T11L 1072 1022 (Average Daily Operations) Jc u Croeet " ti 12.78 & 74.68 494 FISP Ftt*mY USAGE imy 1989 Minnesota River KEY Approx. I of Scheduled oix-rat ions (carriers arm Comniters JULY 1989 City (Landing and Takeoff) and Time of Day 0600 City. Landing —U— Takeoff —� p e Valley 286 1600 Bloanington 12 19 Burnsville 0 7 Co an q 1, 23 Prairie 0 Edina .12 13 Fridley 0 1 Golden valley 1 1 Inver Grove Heights 2 38 Lauderdale 1 0 Maplewood 0 Mendota Heights 11 219 Minneapolis 439 Minnetonka 4 1 Montganery 0 1 Plymouth 4 1 Richfield 6 71 Roseville 0 2 Shoreview 0 1 South St. Paul 0 4 St. Louis Park 24 3 St. Paul 31 41v, Sun Fish Lake 0 3 West St. Paul 0 1 7CaAL 571 1332 Time of Day Time Number 2400 - 0559 60 0600 - 1159 682 1200 - 1559 286 1600 - 1959 428 2000 - 2359 481 RC7m 1937 111H 1111'1; thug m �o E'etl MINUTES OF RV4ULAR MEETIM.0 OF THE EAGAN:�:41-1-!rY COUNdi EAGA14'J-':'Jd*k6 &-i AUGUST 1'5":`198 9 A regular meeting of the Eagan City Council was held on Tuesday, August 15, 1989, at the-K-49an-Nunicipal Center. Present UtCter, Egan, Gustafson and were Mayor Ellison and Councl*-J-*:Xiii��zz McCrea. Also present were City Admi :` 'd :i Tom Hedges, Public Works Director Tom Colbert, Community Devii:6pment Director Dale Runkle and City Attorney Michael Do."hertyi.i.i. ... . . . . . .. City Administrator TOM Hedges recommended pulling the Seneca Plant Addition final plat from the Consent Agenda and the Administrative Agenda and having the matter heard as a separate item. He also informed the Council that Independent School District No. 196 requested a permit fd . i,:::.fQotings and foundation for the Pinewood School. Mr. Hedges teo... drdiritnded adding the matter to the agenda. McCrea moved, Wachter second6d,.th.4:.::''''ion to approve the agenda as amended. All voted MINUTES August 1, 1989. Mayor Ellison requested the following revisions: 1. Page 1, paragraph Ellison" with "Public Works Director Tom Col b'eft . 2. Page 14, regarding the Sen-O.ca Was water Treatment motion, the motion should be at the'.i*ti..:d ot:�ll discussion. 3. Page 20, regarding the multi-farr i i iy housing revenue bonds/Forest Ridge Apartment Project, the addition of the conditions to the motion as follows: Restrain the exterior of all buildings. Replace or repair Duckwood. 3. Bring property up the City of Eagan. Install lawn irrigation system. on Denmark and standards for Page 2/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Gustafson saquested a:phange on page 12, paragraph 3, the first sentenCe::;:should.r4iil "Mike Corbet, 2125 Wuthering Heights, had concernsown well going dry." He also requested a change''oh-:-:page 14, paragraph 3, the second sentence should read "The applicant responded the time frame was between 3 and 12 months." Egan moved, Wachter seconded,.. -.;.the motion to approve the minutes for the August 1, 198:::.8gilciciiiiil Meeting as amended. All voted in favor. July 27, 1989. Egan moved, Walter s®cgnded, the motion to approve the minutes for the July, 2:'x;:,989 :special Council Meeting as presented. All voted in favpr;;:; PARKS AND RECREATION DEPARTMENT/CLEAN WATER PARTNERSHIP GRANT APPLICATION City Administrator Tom Hedges introduced the matter to the Council. Parks and Recreation;;pirector Ken Vraa informed the Council the first phase was for:::;d'tagnostic purposes only. Councilmember Wachter asked how 16i(1: -:the- .study would take. Mr. Vraa responded it would take two:year9:f6r'the study. Wachter questioned if the study would be:?'orthwhj1:.::or if education would be better. Mr. Vraa reported that:;::tiir^:::Sttidy would pinpoint the source of contaminants. Counc:i:ltiieist6er 'McCrea felt it was a worthwhile issue and asked hotir.-the' City would match funds. Mr. Vraa responded that 25% of the funds would be a hard match and 25% would be a soft match. Councilmember Gustafson had concerns regarding the dollar amount and the cost of the project. He asked how the $40,000.00 to $50,000.00 figure was computed. Mr. Vraa pointed out it was an estimated::;quess.:....Co4ncilmember Egan felt the cost seemed quite high. Ther4:-:.;r :; i th r::; scussion regarding the study. Councilmember Gustafson remarket3:thaC:the item before the Council was for authorizing the appl catiq}�::for the grant only. Councilmember McCrea encouraged corporate:cttizens to contribute. Egan moved, Gustafson seconded, the motion to approve a' resolution that will allow the City to proceed with the Clean Water Partnership Grant application for the MPCA:•Clean Water Partnership Phase One Project Development &ant for Schwanz Lake. All voted in favor. Page 3/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 PARKS::::W RECREAT.7flN DEPARTMENT} AiiP,}CINGTON./W-!P- 'LEY ATHLETIC CCJ�lP`.Ii:::;A'CATION City Administrator Tom Hedges updated the Council on the matter. Parks and Recreation Director Ken Vraa pointed out the approval would be for a preliminary submittal only. Wachter moved, Egan secoii4j 1 >Li;e gt Qn to approve the adoption of a resolution that prove s" bot3i: and intent and public awareness that the City of Eagan ..kequegting consideration by the State Department of Trade and Economic Deve:iopment to become an applicant for an outdoor recreation:?:grant.:::application for the Lexington/Diffley athletic cin favor. PARKS AND RECREATION DEPARTMENT/TREE ORDINANCE Councilmember Wachter asked for an update regarding the Tree Ordinance. Parks and Recreation Director Ken Vraa stated there were many aspects to consider -;;::but that the matter was progressing. ISD NO. 19'6';?. foQ.A.,._SCHOOL City Administrator Tom Hedges infarmea-:the Council that Independent School District No. Je.,oregub9ted a footings and foundation permit for the Pinewt0.g.:Sclool. He explained that the District was looking at a fa 1:::bf 1990 opening for the school. He pointed out that the final plat was scheduled for the September 5, 1989 City Council Meeting. Eric Linner (Wold & Associates) was available at the meeting for questions. He reparted...tv...the;:.Council that the District was negotiating the easement;:ggttSkts?l$:`:: Egan moved, Wachter seconded, fhe' motion to approve a footings and foundation permit for Independei..hgal District No. 196 for the Pinewood School. All voted in faaQr. DEPARTMENT HEAD BUSINESS Fire Chief Southorn informed the Council that the aerial fire truck had been damaged and that the cast for the damage would be assessed next week. Councilmember McCrea stat re at the model home created a problem because the;'r"'V F�7Ks:::i3G::Eise hydrants. She suggested no further approvals for model home permits without the availability of fire hydrants. Page VEAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 1. Streets/Equipment Maintenance Worker. It was recommended to approve the hiring of Jeffrey Tupy as a street/equipment worker subject to successful completion of the examination requirement. 2. Receptionist/Eagan Munic�-i l Center. The council was of the person hired as the receptionist is Kimberly 3. Temporary Receptionist/Eagan municipal Center. The Council was informed that the City Administrator approved the hiring of Karen Hangebraulzk.as a temporary receptionist. 4. Seasonal Park The Council was informed they the.,:'''':;Administrator (as .V' td ::AA-iing of the following L.::::., authorized by the Council) appro.:, ' persons as seasonal park mairktle'--.n'in"p't'"w'orkers for the remainder of the summer/fall season: Chrid�` e'r Erickson, Robert Ko, Sean Quinn and Joseph Tracy. B. License On -Sale Beer for Pizza Hut, 2130 Cliff Road. It was recommended to contint4c:to:.:.thp,:.:4September 5, 1989 City W""' Council Meeting the non- intox!:'O�ng..,... . 't'-, I"Iquor license for Donald Naderman for the new Pizza Hut 13..O...Cliff Road, to allow the Police Department to complete it0:bacX#aund investigation. C. Plumber's Licenses. It was recommended to approve the five plumber's licenses as presented. D. Lic t. John 9—eun It was recommendedto non -intoxicating . M ' ' malt liquor license for St. J6 'L-%'rch for a church social on September 16, 1989. E. Resignation of Wayne Sames Recreation Commission. Page 5/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to acmpt the resignation of Wayne Sames as a member of the Advisory Pa k;S, and ReCE ition Commission effective immediately. F. Resicmations of William Lesiecki from Airport It was recommended to accept,. Lesiecki as a member of the A;tO. direct the City Administratoi'to"a seeking candidates to fill the une Relations Committee created by the Lesiecki. G. tion of William Committee and a local newspaper on the Airport n of William It was recommended to approve the final plat for Cray Second Addition as presented. H. Final Plat for Duckwood Crossing. It was recommended to approt1ie: final plat for Duckwood Crossing as presented. I. Final Plat for Kingswod.4 Fotut Addition. City Administrator Tomiidges informed the Council that this item should be continued to the September 5, 1989 City Council Meeting. It was recommended to continue the final plat for Kingswood Fourth Addition to the Septenib.cr•.:5,,.,,1.9.89,..City Council Meeting. J. Final Plat for Cliff It was recommended to approve tie fiiig. plat for Cliff Ridge as presented. K. Receive Bids/Award Contract for Fire Department Councilmember Wachter questioned if the refurbishment was in the budget. City Administrator Tom HedgesOinted out that the matter had been dealt with at the previoud:;council Meeting. It was recommended to aw4t..d; Mi ;::COtktr:4 t for the refurbishment and upgrading of one 1980 LS 9000 Ford General Safety Equipment Combination Pump Pumper Fire Truck to Custiciii Fire Apparatus, Inc. in the amount of $41,980.00. Page 6/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 L. It was recommended to receiV&::;Efid"final assessment roll for delinquent weed cutting bills and schedule the public hearing for September 19, 1989. M. Receive Assessment It was recommended to receive -the finAl assessment roll for delinquent utility bills and schedule the: .:public hearing for September 19, 1989. ....... ... N. Vacate Utility Easefddht, ReddiVe Petition/order Public It was recommended to receive the Petition to vacate utility easements within the Cray Addition and schedule the public hearing to be held on Septembez.5, 1989. O. Vacate Utility Easemeft...':::1kd0'a9ve Petition/order Public Hearing (Lot 1, Block 2, Sunset F3.rst'Addition)_. ... ......... .... . It was recommended to recei-400.::the . :�Re_tition to vacate a portion of a drainage and utility easeoi'�'l 1, Block 2, Sunset First Addition) and schedule a publ.i;6 bearing to be held on September 19, 1989. P. Contract 88-29, Approve Addendum (Well No. 13, Warranty Extension). Councilmember Wachter as would be depreciated in seven years. Bob Rosene (Bonestrqo) responded that the well would not be depreciated in seven yqgrs. It was recommended to approve die Add um to Contract 88-29 (Well No. 13 - Warranty Extension) and autMrize the Mayor and City Clerk to execute all related documents. Q. tion Public Works Director Tom Colbert inf6'r"med the Council that an error in the bids had been discovdt:*A ' :-"d-'-:t-hat Ceca was now the lowest bidder in the amount It was recommended to receive the bid'R"':::for Contract 8'9-16 (Stern Addition, Coventry Pass and Country Hollow Second Addition) and award the contract to Ceca Utilities in the amount of $575,388.35. Page 7/KAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 R. It was recommended to apprdVd.-"--_*tb'e':::tlans for Contract 89-08 (Well Nos. 14 and 15 - Pump House and Facilities) and authorize the advertisement for bid opening to be held at 11:30 a.m. Wednesday, September 13, 1989. It was recommended to receive.Oe feap�bility report for Project 581 (Hills of Stonebridge.--ft'cond :A&ition - Trunk Utilities) and schedule a pub be held on September 19, 1989. T. Don Warkentien had concerns regarding the wash out on the property. He requested the the ditch and the sloping on the right-of-way. Public Works 'D :re:c-tQr-...Tom Colbert remarked that " ' ' "ber he was unaware of the problem. Councilme:m " Wachter stated the problem had been going on for 25:: - ears.....public Works Director Colbert stated he felt the correiztx-m.q-:gr06iem was beyond the scope of the street improvement and the cost would be allocated. He pointed outdrainage would be intercepted. Councilmember Wachter pointed . out it was caused by the roads. Mr. Warkentien stated he felt the City was responsible. There was further discussion regarding corrective procedures. Councilmember Egan suggested continuing the item. Public Works Director Colbert pointed out that the construot..�on....ae.aw.n....�tg s short and that the public right-of-way was' :U.xed. He recommended the project continuing as planned and de..Adin"'g... :W-ith the remainder later. It was recommended to approve the pldii;p for Contract 89-18 (Lexington Way - Street and Water Main) a"::authorize the advertisement for bid a opening to be held:'it 11:15 a.m. Wednesday, September 13, 1989. U. It was recommended to approve the fih&l payment for Improvement Contract 88-07 ..... end,:Slater's Acres ......the amount of Park) to Central Landscaping VA 7 - 1 fig - 70. Page 8/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to receive the fiftl assessment roll for Project 528 (Eagandale Center:1-'&u-1:J&rk 9th Addition - Streets and Utilities) and sche4-14 ::;a:: #blic hearing to be held on September 19, 1989. W. Contract 88 -EE, Final Acceptance (Town Centre Seventy 10 Addition - Storm Sewer). Ac It was recommended to appigve::C4i1:::88-EE (Town Centre 70 10th Addition - Storm Sewer) and:�ccept:::the improvements for perpetual City maintenance subject'to appropriate warranty provisions. X. Contact 88 -TT It was recommended to approve Contract 88 -TT (National Computer Service - Storm Sewer and Water Main) for final acceptance and perpetual maintenance, subject to appropriate warranty provision. Y. Final Plat, Seneca Plant 7Cdflitign. Mayor Ellison requested this: item;.;be:::i?ulled from the Consent Agenda. McCrea moved, Egan seconde?I,''the motion to approve the Consent Agenda items as amended, and authorize their implementation. All voted in favor. SENECA PLANT ADDITION/FINAL PLAT City Administrator Tom Hedge&:::upd8tdd:`.the Council regarding the matter. Councilmember McCrea had;:reservations regarding the approval of the agreement since they vere:hot executed. Councilmember Egan had similar concerns arid -::.stated that the agreement could be altered. Communitiy Deve9tpment Director Dale Runkle suggested the Council approve the final plat contingent upon the agreements being executed and unaltered. Councilmember Egan had concerns regarding published notice. Mr. Runkle reported that he had called the neighbors personally to notify them of the agenda item. Councilmember McCrea asked if agreeme$ts had been modified in the past. Mr. Runkle responded::;yed:::::KcC)tda;:;:Stated the agreements should be reviewed before apprritra[1 ::::Cty-:4- iuinistrator Tom Hedges explained to the Council that there was a..,deadline of August 30, 1989 for the MWCC. Bob Isaacson (MWCC) stated that the August 30, 1989 date was in the Consent Decree. He stated there was a need to have the Page 9/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 building permits available. lb6::xeported that the item was passed on the Consent Agenda and executiA:*:':a5 submtikt6d. Mayor Ellison indicated that'-'the:-:-Aqency was In a monetary bind. City Attorney Mike Dougherty emphasized that the matter could be conditionally approved. Councilmember Egan commented that there was a credibility gap between the MWCC and the City. He did not want to cut corners and felt tb.e..:.matter..shou.ld not be approved without adequate safeguards. Betty Basset observed that thd1hatteti.-ishould not have been a Consent Agenda item. She pointed.:*t;t that::all of the neighbors could not be present at the.por anted that the plant was pumping 4,000,000and requested an 'y environmental impact study. Shd*had p6ll'-dtion concerns and explained that the Federal suit was still pending. She emphasized that the plat should not be approved. Public Works Director Tom Colbert explained that the dewatering was dealt with in::.the.' final plat Development ....... �:Dlxector Dale Runkle reported that Agreement. Community Developmftt� ........ the MPCA dealt with the EIS. . . .... Al Ehrans remarked that the:;:'-X'Aeter4mq:�:� station and lift ... . .......*tht-. station were under budgeted and that:�:-'plant plans were being changed. He opposed final plap::::.aigp;r-bv-al and had concerns regarding the dewatering. John Wesley, 1747 Blue Bill, stated that the City should not turn its back on the environment concerns and felt it would be improper approval because the documents were not executed. Councilmember Wachter qdest:b&&-:::t ::alternatives in the matter. City Administrator Tom Hedg".repljed that the Council could either: 1. Approve the plat subject tc doc="""e"nt review, 2. Continue the matter to the August 30, 1989 Special Council Meeting, or 3. Consider a footings and foundat�9.4 permit. He recapped his discussions with Mr.:'V'bss regarding third party agreements. erred option 2. Mr. Isaacson stated he felt it wouu.s ..M66t'1h6::-need . Councilmember Egan still had concerns regarding the dewatering and other issues. Page 10/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, Egan secopcled, the mgtion to continue the final plat for the Seneca Plant Addition to th-4�:bugust 30, 1989 Special Council Meeting. All voted in City Administrator Tom Hedges recommended the third party concept regarding Seneca negotiations. He stated that consultants could be hired and that MWCC would participate in the cost. He asked for direction to staff to.pursue a third party consultant. He mentioned that Becky Comstock:::66.'i be::: ?O sibility. Councilmember Egan reported tkiat„tle::o32azs were allocated in the agreement. Gustafson moved, Wachter second, txi: motion to direct staff to proceed with the selection::::df;: �:: to :irk:; $arty consultant regarding the Seneca Plant, with MWCC paft�icipat ag is the cost. All voted in favor. PROJECT 571/CRAY ADDITION/STORM SEWER Mark Hanson, (Bonestroo}:;presented the project report. He explained that the outlet for::::fhe:;:.pond was debated at staff level. He recommended the building of t2ia:;:;o#tlot. Ron Zamansky (Cray) introdudtd the..;Cr;tk Research team. He explained that Cray Research .� .. nesting the project and disagreed with the staff r.Qpak:ge reminded staff that the studies had not been received::;:an"that the project was not necessary. Bob Wiegert (BRW/with Cray) emphasized that the storm sewer outlet was not necessary at the present time. He outlined the drainage boundary and stated J t..would::not-be needed until the roadway improvements. He desc�:::£te:: features. Councilmember Egan commented tfsat ult-I-Mately the whole area would be developed and Cray ResearA::: vould:;::benefit. Mr. Braman declared that the outlet was needed,,::: udt at the present time. Public Works Director Tom Colbert explaindd::.that the City was trying to anticipate growth and felt it was prudent to anticipate problems. Mr. Zamansky stated that the Kohl parcel had not been platted. He urged delay until the plattincj::cf the Kohl Parcel. Mayor Ellison felt the storm sewer should:bye installed at the present time. Councilmember 8g.,4Ln;;;agreed,,..::Eouncilmember Wachter felt that it was feasible to insta3:3::;:the::;:aa .Y<avefient next year. Egan pointed out that Cray was aggressive in.development. Mr. Zamamsky reiterated that Cray had not see4:::the Lone Oak reports. Page ll/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Gustafson 4$)ced for ttpk.:::completion date of the project. Mark Hanson reported'7�.Xbat the ,qft—letion date was expected in either late fall o;;sgzng. There was further discussion regarding the timing oi`::Kh"e pioject. Mr. Zamansky pointed out that the Cray Parcel would not be the sole beneficiary of the project. Egan moved, Wachtersecoie<tY2ciQtOn to close the public hearing and continue Project 571''('Ctay'A�Aion -Storm Sewer) to the September 5, 1989 City Council meeting:: Page 12/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, McCrea ski.�3nded, the.:M.Otion to close the public hearing and approve the final:"";s.essment�ibll for Project 349 (Blue Gentian Road - Streets and StoM''::*0' '.3.... authorize its certification to the County for 6611'e'a""fion. All voted in favor. PROJECT 427/FINAL ASSESSMENT HEARING/YANKEE DOODLE ROAD/STREET AND UTILITIES Egan moved, Gustafson public hearing for Project Utilities) to the September p.m. All voted in favor. PROJECT 564/RAHNCLIFF ........... ... to continue the ........ 427. jYaWOe6bo' e Road - Streets and 5, 1989:':'tity edtincil Meeting at 7:00 ISTREET IMPROVEMENTS Jim Eulberg (SEH) presented the improvement report and explained the proposed assessments. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 5.-6-4....(Rahncliff Second Addition - Street Improvements). All votfavor. CEDARVALE BOULEVARD/PUBLIC RI=t"OF WAY VACATION Gustafson moved, Wachter seddA,,;do . d:,:::-:tbe motion to continue the public hearing for vacation a '. ton ion of public right-of-way, of Cedarvale Boulevard to the Sq'-Pi;i�er 5, 1989 City Council Meeting. All voted in favor. PARK CENTER ADDITION City Administrator Tom Council regarding the matter. He stated that th hbusi-- ...... e: had been acquired and other agreements had been satisfiedi.::-CommuAity Development Director Dale Runkle updated the Council on t'hb pr6bosal and the various documents. City Attorney Mike Dougeritiy poied out that the resolution regarding the ComprehensiVe GuiAii Plan Amendment had been prepared. .... Mayor Ellison asked for the location of the outlot. Mr. Runkle stated it was a City site. Mayor Ellison asked if staff had been in contact with the County regarding the road...upgrade. Public Works Direct Tom Colbert pointed out that it was'::,:tlot in the five year plan. ...... .. .... Martin Colon (Federal Laad:J::::.wAr. . !:::.t VA -i . liable at the meeting for questions. Councilmember Wachter asked if the matter regarding the storm water storage had been solved. Mr. Runkle responded yes. Mr. Dougherty pointed out that the litigation had been dismissed. Page 13/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Egan moved, Gustafson seftnded, the motion to approve the Comprehensive Guide Plan Amen&iiat, reso1%!t2:on, changing the land use designation from D -III to C 3::a :re' sted by the Federal Land Company for the Park Center'ABd :Mn. All voted in favor. Egan moved, McCrea seconded, the motion to approve a rezoning from agricultural to planned development as requested by Federal Land Company for the Park Cente-r..:.Addit.toTl•.:•:A11 voted in favor. Egan moved, Gustafson seconded:Ft}ie inysioa to approve a preliminary plat consisting of four''Iots a"id two outlots for the Park Center Addition as requested bry;Fede=a', Land Company, subject to the following conditions: 1. These standard conditions of::pl'at 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 and G1. 2. A Planned Development Agreement shall be entered into for a time specified by the City:Council. 3. A determination for the efdet3x.housing site shall be made either on this site or on another ;,ovation. 4. A Pylon Sign Agreement:s#3g t;::he'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 alongte'''eSt:''e3''d# the strip center shall be removed. 8. Special emphasis will be ced'oh 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 conptructed of the same materials. 11. Berming shall be prsarzded:ddtig::t1e 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. Page 14/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 13. The development is t.;*quired to X.Kovide 4.0 acre feet of wet pond storage volume below-::tlze.,.propoaet%: normal water level for Pond AP -50. All voted in favor . Egan moved, Gustafson seconded, the motion to approve a conditional use permit for pyjp4.;signs."located along the north side of Cliff Road/Park Center Add t'a:a '>::....m. sted by Federal Land Company. All voted in favor. Egan moved, Gustafson seconded:;z.the motion to approve the Settlement Agreement as presented::tOgardiiig the Park Center Addition ( Federal Land Company):: ?. -V attic ::>in favor. AMENDMENT/DANGEROUS WEAPONS City Administrator Tom Hedges introduced the matter to the Council. Police Chief Geagan referenced the hunting complaints near residential areas. He pointed out that there are rare locations within the communitj:::::t.a:-hunt. Councilmember McCrea urged the implementation of the ordinan84;:::46gl,ice Chief Geagan informed the Council that the DNR questioned tht-x enefit of hunting for the City of Eagan. Councilmember:tgan.Xemarked that the shot falling on the cars brought the gig efa::t.a'a head. He suggested there could be special hunts.;:;GRtiYicl3iiiember Gustafson suggested having open hunting north of e Highway 13 tracks. Police Chief Geagan stated he had received complaints in the past. John Yanta informed the Council he had been a resident of the City of Eagan for 26 years..He pointed out he respected safety issues and recommended the propgsed;:amendment exclude the area north of the tracks. He reportiaii: tk " ;tutr:;:1{xndred yards is the maximum reach of gun shells. He state. theie;,was no foreseeable development in that area. He explairiegi thati:::he leases 60 acres from the Kenneallys. Councilmember Egan disclosed he favoibd a friendly amendment to exclude the Yanta area on a probationary basis. McCrea pointed out that there may be other 60 acre parcels. Councilmember Wachter pointed out that everyone is impacted and that land owners should post their land. Police Chief Geagan reiterated that the area was a problem and that it was difficult to enfak'ce exceptions. Mayor Ellison felt it should be an all or nothing proposition. Councilmember Gustafson pointed::o?U?C -th4t:;1U:i Yanta could apply under Subdivision E of the Ornaiica::::H::fgvo d;'lred the ordinance amendment. Mr. Yanta reiterated that only,two parcels were available in Eagan for hunting. McCrea staffed that Subdivision E provided flexibility. Page 15/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 McCrea moved, Wachter se g►ded, the.#ration to approve an amendment to the Dangerous Weijp6 p Ordipgb6e, Section 10.10 regarding hunting within the Ellison and Wachter voted in favor; Gustaf sori'"id'-*Egan voted against. The motion carried. THE WATERS/SKEET SHOOT REQUEST City Administrator Tom the application. Rick Burger (The Waters) recapped the:epplication proposal and explained the skeet shoot would:::be for:: -:their grand opening. Councilmember Wachter pointed. out-:t44re "h a school nearby. The applicant stated they would ri4jti€y''t2:sDPdo1 officials regarding the skeet shoot. Gustafson moved, Egan seconded, the motion to approve a special skeet shoot as a promotional event for the The Waters on September 12, 1989. All voted in favor. AIRPORT RELATIONS::. .7TU/RUNWAY USE SYSTEM Assistant to the City Administrator."Sohenstein gave a brief synopsis of the recommendation. C.Qunc,l iAer Egan asked what caused the greater plane traffics kU':;<T{o'henstein reported that the FAA presented new configuxatk4rt$'� Joe Harrison was opposed to the proposal and stated that the traffic would increase by 90%. He stated the traffic would not be within the corridor and he urged City action. Mr. Hohenstein explained that the use would increase traffic, but not by 90%. There was further discussion ?e::;RUS. Councilmember Wachter expressed;:;bis feglings that the surrounding communities of the airport shdiild share the burden. Mayor Ellison endorsed the recommendation:.' the Airport Committee. Egan moved, Wachter seconded, the motion to approve the Airport Relations Commission's findings and recommendations on the 180 -day runway use system (RUS) test study. All voted in favor. LIQUOR SHOPPE, INC./OFF SALE LIQUOR LICENSE City Administrator Tom Hedges presented the matter to the Council. He explained he that the financial guarantees had not Douglas Lee (Applicant) was available::at the meeting 'for questions. He pointed out that the store wore, a "ma and pa" operation. Page 16/KAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember McCrea asked:if it would:require an ordinance ... �":'McCrea.asked if the amendment. Councilmember Egan'::,t.'&sponded...bp Lease was secure. The McCrea had concerns regarding the research and the d6w� - a - y . me - nt. She felt the financial guarantees should be in place. Police Chief Geagan reported that all documentation had been received. Councilmember Wachter...qupst.i.oned-if there was a need for another liquor store in Eagan::Mayticl?stia remarked that Mr. and .......... Mrs. Lee had a right to make ii ... go' `0 . t: Hie''.':felt. the City was giving monopolies by limiting the niit�ber df:::licenses. Councilmember McCrea pointed out that existing bu%inesseg:::should be kept healthy. Police Chief Geagan explained that::��i:4e SBJKVould not act until the license was approved. mcci�"U"'a"*::..�:..O'i'kii.($::::t4it the liquor business was very tough. Don warentien�::"'O""p'*"P'osed'*ct:::-I*lquor store on Pilot Knob and Diffley. He felt the stores should be spread out. The applicant showed the location of the existing store. Ellison moved, Egan seconded, the motion to approve an off -Sale Intoxicating Liquor:L-icense for Douglas and Mary Lee for the Liquor Shoppe, Inc. to be-::A6jj4t-zd at 4250 Lexington Avenue in the existing strip shopping int ersection of Diffley and Lexington Roads. Ellison, Eg4p and:G'tfta son voted in favor; Wachter voted against; McCrea ab& motion carried. USE PERMIT Community Development Director Dale Runkle presented the application summary. The applicant informed the Council it would meet the conditions. McCrea moved, Wachter seconded ;x -the Special Use Permit for construction of two portable classrooms the existing school building, subje04"::to 1. The portable classrooms shai:I'-:be necessary. on to approve a pool to allow for the located northwest of following conditions: accessible, if. 2. All City building permit requirements and building code standards shall be met. 3. The permit is valid through the 109/90 school year only. Further use will require reapplication. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 OLD TOWN HALL/RELOCATIi*/FRONT YAbm :::SET BACK VARIANCE City Administrator Tom HedgO'jg:liz:e""ed the Council regarding the matter. Councilmember Wachter'gfated that the hardship was the impact on the trees. Jim Horne informed the Council that the west side of the building was on uncompacted Gustafson moved, McCrea second.6d, th*;Alotion to approve the five foot variance to the fifty foot fronf".4'ard set back requirement for the relocation of V�he Old:-.:3bwn Hall. Gustafson, Ellison, Egan and McCrea vote4:-:1a::::. �r,.,::iQ bhter abstained. KINGSWOOD FOURTH ADDITION/REDUCTION OF SET BACK VARIANCE Community Development Director Dale Runkle presented the application to the Council. Rollie Crawford (Representative for Horne) informed the Council the matter had been discussed at the time of preliminary plat app rpVal,., He pointed out the hardship was severe and obvious. ._. Mayor Ellison asked if the matter -could be handled in any other way. Mr. Runkle stated there could:.::perhaps be a shift in the cul-de-sac to the east. Councils 0hbe'z::l achter suggested the redesign of the lot. Mr. Horn�0::::exiai pned the house location and stated that a redesign of the Tot was not agreeable. He stated he would have to be creative to put the home on the lot. Mr. Wachter stated the design of the house could be changed. Councilmember Egan suggested waiting on the matter until the housing pads were developed. He questioned the dimensions of the lots. Mr. Horne explained the dimensions ofe:::I#:::;M::::gan stated he felt it was an injustice to approve t :11:n' -l:41.6't with a required variance. Councilmember Gustafson remarkdd:that:the freeway set back alleviated the concern over the varia'ace iiact. He pointed out that the cul-de-sac was already installed'aiid felt there was a misunderstanding regarding the setback. Mayor Ellison commented that he would like to vote against the matter, but that there were not many choices left. Councilmember Egan noted that if the vote failed, the matter could be continued for::r*taff review. Councilmember McCrea commented that the lair had a severe slope and that whoever might build would need .flexik iity. Mr. Crawford pointed out that the drawings::;83d:::9:::teirdSent the actual buildings. He had concerns reg ardliid::the paik dedication fee. He stated he felt fairness and equity was a consideration since the lots had been previously platted. City AdYil tiistrator Tom Hedges informed Mr. Crawford that staff would check into the matter. Page 18/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Gustafson moved, McCrea ikkvonded, tbg:ipotion to approve a variance to reduce the requirg&i4qt bac*-�Idir Lots 3 and 4, Block 1, Kingswood Fourth Addition, other code . ......... requirements. Ellison, McCrea voted in favor; Egan and Wachter voted against. LUTHER M. STALLAND/TAX STATUS CHANGE City Administrator Tom H.�- ft;.' '' * .... J"*%----j�d the matter to the .. 0 �*Vt"Oft' I Council. Luther Stalland reiterated':::'4'1"'s""''c''o="' eras he had expressed in his August 3, 1989 letti%eir to:::E.he council, which was included in the Council packet. He-:r-ocappqA'�:the recent Court decisions and requested reliefjrc'%:4 he iii Brest and penalties. Mayor Ellison addressed th&timelihitess of the matter. Mr. Hedges pointed out that the appeal time had expired, but that there were special circumstances. City Attorney Mike Dougherty reported that the projects were installed prior to 1985 and that the appeal time was for the City's benefit to allow financial planning. Mr. Hedges emphasized that an ab4tement or reduction would be difficult at the present time. Councilmember Egan questioned th . &'-:1dh-q.,,delay. Mr. Stalland stated he had no knowledge of thc:::Highw4y.:�13 matter until this year. Mr. Hedges suggested defern"'m'n.*'.,,.""Stalland informed the Council that he would pay the:,::Ax's0s"8'm—e'nt at the time the property was sold. He further stated tlii�'%when the lawsuit was resolved, he would also pay those assessments. Mr. Stalland informed the Council that the County Board had already acted favorably upon the request. Mr. Dougherty stated that the County had considered the:.:.Iand.lock.*.d::p.roperty only. Councilmember Egan commented. at-:.iY�not responsible for either problem. Mayor Ellison could::.sjee nc:.:..qrounds for an abatement. Councilmember Gustafson i lt ddfdrral made sense. Councilmember McCrea had concerns tF# defotral would set a precedent. Mr. Dougherty pointed ou.f::-ihat:.t'he matter was handled in statute. Councilmember Egan emphasized thait"::the assessments needed to be paid. Egan moved, McCrea seconded, the motion to deny a request by Luther Stalland for consideration of abate;p.ent on assessments on Parcels 10-01800-021-57 and 10-01700-020:52. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. RAGAN EVANGEVT.ML::C0VENXM::, CHURCH City Administrator Tom Hedges updated' the Council on 'the th matter. Jim Haaglund (Representative for e" Church) introduced the applicant's team. He suggested the Council endorse the five Page 19/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 proposed conditions on Page 144(g) of the:;.Cpuncil packet. He pointed out that the cul-de-s6j s:; had no v4me. Public Works Director Tom ColiuiGti'riformed the Council that the five proposed conditions were reasonable and that the Council could issue a statement of support. He recommended the addition of three more proposed conditions as shown on page 145(b) of the Council packet. Councilmember Gustafson state kre iiid::hot recall the resident's asking for access to Lexington. Mr.::Eolbett:::explained the condition was based upon the length of the culmde-sao:. Councilmember McCrea asked if the church had reviled t��Oconditions. The applicant stated that the chudk,6h .:s t.0t :uf favor of the access condition, but that they woul8::egiee to`:: t. Councilmember Wachter commented that access was not a big factor. McCrea moved, Egan seconded, the motion to approve a Comprehensive Guide Plan Amendment for a rezoning from multi -family residential within. the Lexington South Planned Development to public facilit�:t?s::::as.. requested by the Eagan Evangelical Covenant Church. Jdf: ui ited:: ;in,.favor. McCrea moved, Wachter seconded, the.::motion to rezone within the Lexington South Plan Develops nt>.:;fx'M:inulti—family residential to public facilitj;es:::aS::::requested by the Eagan Evangelical Covenant Church. til voted in favor. Councilmember McCrea stated that the Council endorsed the five suggestions from the applicant. Public Works Director Tom Colbert requested a revision to condition number 5. McCrea moved, Egan second0d:-:'x'thd:0 £nii to approve a preliminary plat for one lot and one "outlot•.on 4.84 acres located on the west side of Lexington Avenue:r::east::pf Lexington Way in the southwest quarter of Section 23, as::TQquestdd by the Eagan Evangelical Covenant Church, subject :to th.�:::.following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, C5, D1, E1 and G1. 2. One ground sign is allowed at this::�iite. All sign code size and height requirements shall be met and all signage shall be subject to the one time signee;;p:;:$2.;;5t3:::;per square foot. 3. All trash shall be contained wthin..the building or the enclosure shall be attached to the buildia"'::and constructed of the same materials as the building. Page 20/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 4. No roof top mechanica3: �;. quipment.: ft(Lll be visible from the streets. 5. Triangular piece (Outlot k):"i6Sft be platted as Lot 2, Block 1 and have the same tax identification number in order to prevent tax forfeiture. 6. All site drainage is Lexington Way storm sewer BY directed to the 7.The development is required"fo dedicate an additional ten feet of utility easement parallel X#':the d*Lsting sanitary sewer easement along its southerly prpnerty 8. All temporary parking''lot improvements must be brought into conformance with current City code no later than seven years from the date of final plat approval. 9. Restricted access should be dedicated adjacent to the entire frontage of County Roo: 3., as required by the Dakota County Plat Commission. A11 voted in favor. TRANBY Fx �l?P1 TION City Administrator Tom Hauges introduced the matter to the Council and stated that the Advisory Planning Commission recommended approval. The applicant was present at the meeting. Councilmember Gustafson had concerns number 9. Public Works Direct l¢bfi:ei1be that there was adequate hydrant>dover3ge: construction. Mayor Ellison asked if::::the standards. Community Development Dir4ctor yes. The architect explained the apican alternatives. regarding condition _informed the Council ai the site during zecast with brick met Pile Runkle responded ::;vias reviewing building Egan move, Gustafson seconded, the motion to approve a preliminary plat of 3.85 light industrial acres for office/warehouse use as submitted by Joseph Tranby for Tranby First Addition located on the south side o€::Highway 49, north of the Chicago, Milwaukee, St.. Paul and Pacific Railroad Line and the west half of Section 12, subject to, the following conditions: 1. These standard conditsi iiig:: of :plat `-gpproval as adopted by Council action on September 15, 1987, shal3,::be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, E1, FX;:iind G1. 2. No outside storage shall be permitted. Page 21/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 3. All roof top equipmen.t.*shall be s0rdened and not visible. 4. Permits shall be taken!:::i:.:.:....... ition/abandonment for movement of existing structures. 5. Front yard irrigation shall be provided. 6. All signage shall confo.=.:.:t4.::the, F,Agan Sign Ordinance and be subject to the one time sign;:.iee.:q::2:., per square foot. 7. The development is required'to submit detailed plans and specifications for the proposed ret43ning.vAl1 construction for City staff review and approval..pz, crj::to..f3fiial plat. 8. Further review and approval of'storm sewer requirements are required by City staff and MnDot. 9. Additional hydrant coverage to service the proposed development is required. All voted in favor. EAGAN CENTER Community Development application summary to the opposed the future assessm Council packet. r::: Runkle presented the ;`Brad Swenson (developer) mentioned on page 172 of the Councilmember McCrea stated she was pleased with the quality of the Merrill Lynch building in Galaxy Cliff. She asked when the property would be developed.:Mz:::;:SG(?hsoA;::s$ted it was planned to take the proposal to the Advisory::p3a ?_Ag<:.:Commission in the month of August. McCrea questioned if the:::$36,000:,00 could be collected. Public Works Director Tom Colbert st4ted i.t.was collectable based on today's rates. He further stated::that sfaff was reviewing the assessment policy and he recognized:'ihe dloper's concerns. He explained that the trailway could be incorporated into the site plan. He emphasized that the concerns would be addressed. Mayor Ellison asked if the trail could be installed prior to the Diffley Road upgrade. He questioned if:::t should be a condition of approval. Mr. Swenson had no::c.Oncerns regarding the installation of the trail prior to the Diffley Road upgrade as long as it was not destroyed : tl::3#::PzOCEss j Egan moved, Wachter seconded, the motion to approve a preliminary plat of approximately 48.4 acVOi with one 3.4 'acre lot for office building use with the remaining area for future development in the Lexington South Planned Development located at the southeast intersection of Lexington Avenue and Diffley Road Page 22/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 1. These standard conditions of plat approval as adopted by Council Action on September 15, 1987 shall be complied with: Al, B1, C1, C2, C3, C4, C5, D1, E1, F1 and G1. 2. Three foot berming shad:$ ::k3e rave along the Diff ley ........:::.; Road property line by the parking lxit area:; 3. All landscaped areas shall,: irr -O'ted. 4. The elementary school::#cess aYii; .retail center access shall line up. 5. Cross -parking and ingress/egress easements shall be provided. 6. The pylon sign shall subject to the City's one -ti 7. All trash shall be 8. The building shall be sides. tted on Lot 1, Block 1 and .,..$,2.50 per square foot. building. of brick on all four 9. The development is required to direct all site generated storm water runoff to the existing storm sewer system along the south side of the site and within Lexington Avenue. 10. The development will:::-b2::Xiequ EB:;to provide utility service extended northerly frorii:"PatY3ek Roach to the easterly terminus of the proposed private drive. 11. The development is requirea:::to pr.'O"'V"ide a 20 foot parking setback along the southeasterly boundary.m.,..."'' 12. The development is required to modify the existing restricted access along the easterly side of Lexington Avenue which provides access to both Eagan Center 1st Addition and the proposed development in accordance with Ci.ty staff and County requirements. 13. Modifications to the::pt}ptise ;:sztiE:::plan's traffic circulation are required in tiie' 0"'. �w tlg areas: a. The easterly entrance to the prciposed bank drive -up windows. Page 23JEAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 ........... b. Provide an access t4::the proposed:bank drive -up from the south access road. C. Revise the proposed addd":::Tf6m the development to the easterly adjacent private drive to provide continuity with the proposed easterly shopping center entrance. d. Provide an entrance....to-the proposed parking area at the southeasterly ... ......... 14. Prior to any further devel,6pment:: ... 4ithin the Planned Development property, the internal.:xvad cq=ecting Daniel Drive to Patrick Road shall be completed :-there.-* 11 be a reduction to only three outlots. 15. The trailway shall be incorporated into the site plan and installed prior to the Diffley Road upgrade. All voted in favor. OLD TOW HALL : . MonmG BID ACCEPTANCE ...... Egan moved, Gustafson seconded','*.'-th'd::"M OtIon to approve the low bid of Ernst House Movers in the:: _4imoun.t;..:.of.::::;2,950.00 for the relocation of the Old Town Hall..G : ... Ellison, Egan and McCrea voted in favor; Wachter::: .... gotditied. Egan moved, McCrea seconded, the motion to approve the low bid of Wally Nelson Construction Company of Eagan in the amount of $7,600.00 for the foundation work. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. ECONOMIC APPOINTMENT After the council's vote, Cityi::.Adminiit.trator Tom Hedges stated that Christy Clapp had receive the zhi*JoriW.::of the votes. Wachter moved, Egan seconded, the motion to select Christy Clapp to replace Candace Garry, who resigned, as a member of the Economic Development Commission. All voted in favor. EAGAN CENTER THIRD ADDITION Egan moved, McCrea seconded, the motidh to approve the extension of final plat record# -or.-:-U -:.Center Third Addition as requested by Tri -Land Prop timber 15, 1989. All voted in favor. Page 24/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 BLACRHAWR POND ADDITION/ACCESS EASEMENT VACATION Egan moved, McCrea second'e;:the;tpizon to schedule a public hearing to be held on September'::5 -:::: 984- to vacate access easement for Lots 12 and 13, Block 1, Blackhawk Pond Addition. All voted in favor. PROJECT 523/ADJUSTMENT FINAL ASSESSMENT BOLL/SLA CKSX9iPf:::�PCiNE); 3%'20N McCrea moved, Gustafson second A, thec:'::'motion to revise the final assessment roll for Project 5.23 (Blaoxhawk Ponds) and provide a credit rebate of $9,296,,9 j:to Ki�'.tor Development. All voted in favor. PROJECT 521/YORKTON SECOND ADDITION/TRUNK STORM SEWER Egan moved, Gustafson seconded, the motion to receive the final assessment roll for Project 521 (Yorkton Second Addition - Trunk Storm Sewer) and schedule a public hearing to be held on September 19, 1989. All voted:;:::;-fdvor. PONDVIEW ADDITION/DRAINAGE AND'fJ'!-I'Ll, EASEMENT VACATION McCrea moved, Gustafson sec�.nded t)ie motion to receive a petition to vacate a drainage ,.;andf;i:i:t33ity easement (Lot 1, Block 2, Pondview Addition) and schedu�e:'A':public hearing to be held at 7:00 p.m. on September 5, 1989. All voted in favor. PROJECT 543R/SIBLEY HILLS DRIVE AND SKYLINE ROAD Egan moved, Gustafson seconded.,. -the, -motion to approve the plans and specifications for ,:trct::$#�5: (Skyline Road and Sibley Hills Drive - Streets and'Ut lines) and schedule a bid opening to be held at 10:30 a.m., FzI.day,:06ptember 15, 1989. All voted in favor. SPECIAL McCrea moved, Egan seconded, the motion to schedule Special Council Meetings for August 30, 1989, September 12, 1989 and September 28, 1989. All voted in favor. COUNCIL DISCUSSION:`: City Administrator TomHe3g4stpssrtte the United Way Coordinator update. ........ Councilmember Wachter had concerns regarding the right turn from Yankee Doodle to 35E North. Public Works Director Tom Colbert stated the County's reaction was not favorable. Page 25/EAGAN CITY COUNCIL MEETING ING MINUTES August,15, 1989 Councilmember Wachter hag:ii:concerns rek).4rding the revenue report and felt the legaland'--pr-ks depa"i '*-.;q ...... ilt treats were in rough ftio- ............ shape. City Administrator Tom M:0.0.:ntedou t that it would exceed budget. Councilmember Wachter updated the Council regarding the Old Town Hall. ............. Mayor Ellison had concerk&:::!-b. At# =-.':::the Burger King sign on Cliff. Community Development Dire informed the Mayor that staff would check into matt"di"i. Councilmember McCrea reite a er.-66.hcerns regarding model homes without access to fire bclziits::ty Administrator Tom Hedges stated that the Ordinance had kieieri modified to forbid model homes before final plat approval. McCrea stated that water should be available before model homes were constructed. City Administrator Tom Hedges stated he would so inform the Building Department. Wachter moved, Gustafson seoqnded :,:-'the ,motion to approve the ... II ... checklist dated August 14, 1989,:.:n the.:AM'O'=t of $81,687.19, and the checklist dated August 15, amount of ..' 8 $1,479,785.87. All voted in fa4�6"-'-:''- ADJOURNMENT McCrea moved, Gustafson seconded, the motion to adjourn the August 15, 1989 City Council Meeting. All voted in favor. ............... Hye E.J.,:;:j.VanOverbeke Its::':';bity Clerk A 'i MINUTES A regular meeting of the Eagan City Tuesday, September 5, 1989, at the Eagan were Mayor Ellison and CounciU*W3*;rs: ;& McCrea. Also present were City:`•'Aldiif�ifxtxi t -. Works Director Tom Colbert, Commun�fy De' Runkle, Assistant City Engineer Mike,. Foe James Sheldon. K" �L Council was held on Municipal Center. Present ht.er, Egan, Gustafson and Xf5# Tom Hedges, Public e :epment Director Dale tsch and City Attorney City Administrator Tom Hedges informed the Council that there were no corrections to the agenda. Gustafson moved, Wachter,.seconded, the motion to approve the agenda as presented. All votA:.t:n.;;favor. August 15, 1989. Councilmembtr.Gust-�bn requested a correction on page 15 to the A1rPijrt::R.eYations Committee motion. The motion should read "Egan iggvec#y'Wachter seconded, the motion to oppose the Metropolitan Airpo=tCommission's findings and recommendations on the 180 day runway use system (RUS) test study and to endorse the general concept to avoid adding traffic to the corridor area, as referenced in Exhibit A attached hereto. All voted in favor." Wachter moved, Egan secoridi3 Fie" iiiiSton to approve the minutes for the August 15, 1989 regular Council meeting as amended. All voted in favor. POLICE DEPARTMENT/NO PARKING/CLIFF R07:NEAR HOLLAND PARR Councilmember Egan asked if the problem was created by the design or if the lot was too small. Bob Rosene stated that the lot was sized by the County for the size of the beach. Police Chief Geagan informed the Council that the County*:was reevaluating the use. Mayor Ellison felt that the parking 1W should be increased in size as people will continue using.;.the... .lake.. Egan moved, Gustafson sedbftaed "ttf motion to approve a request to Dakota County to reinstate "No P..BXking" signs on Cliff Road adjacent to Holland Park and further tq":direct staff to send a letter to the County asking the County to designate a no parking area on the north side of Cliff Road to approximately mid -way Page 2/EAGAN CITY COUNCIL MINUTES September 5, 1989 between Oak Chase Road and Lexington Avenue, and to encourage the County to redesign the parkirigj*lot to aGo.{iitimodate more vehicles. All voted in favor. PUBLIC WORKS DEPARTMENT/STOP SIGN PETITION/DEERHILLS TRAIL AND EAGLE CREST DRIVE City Administrator Tom Hedges introduced the matter to the Council and stated that there::saee:::iiii';iEcj#�bors present at the �66 meeting. Councilmember Gustaf:-siiggesf'e'd:khe neighbors institute a voluntary speed limit with a slogs of °1.'1wenty is Plenty". Councilmember Wachter suggested "Twjppty-fige - Keep 'em Alive". Gustafson moved, Egan se diW;`;th-::. iic'tion to receive the petition and deny the request:for stop::signs at the intersection of Deerhills Trail and Eagle Crest Drive. All voted in favor. PARKS AND RECREATION DEPARTMENT/PARK LAND PURCHASE/FIRST FINANCIAL CORPORATION/KENSINGTON PLACE City Administrator Tom lfiftos.;summarized the background of the matter for the Council. Counc I�ii3t...KcCrea commented she appreciated the staff following thioii#ii::0n- the Council's direction. Councilmember Egan asked for the:::lmount.of:::::hhe taxes on the parcel. Parks and Recreation Director Kei:::Vz:aa:j:Stkted that the taxes on the parcel were $4,200.00. Egan moved, Wachter seconded, the motion to direct the City Administrator and Director of Parks and Recreation to prepare a purchase agreement for the purchase of Lot 3, Block 2, KENSINGTON PLACE for a purchase price of $7,500.00, plus the accumulated taxes to date with the seller responsi.ble:.,to:,.paY. off all assessments. All voted in favor. CONSENT Ad.MA A. Personnel Items. 1. Community Service Officer. It was recommended to approve the hiring of Daniel Mason as a community service officer for the Police Department, subject to successful completion of the City's psychci ical examination requirement. ... 2. Planning Intern. It was recommended to approve the hi$ti9 of Kimberly Eggers as a planning intern for the Community Development Department. /' Page 3/EAGAN CITY COUNCIL MINUTES September 5, 1989 B. Plumbers Licenses. It was recommended to presented. licenses as C. License for On -Sale Beer for Pizza Hut. It was recommended to apgreve::f tce::tibt cintoxicating malt liquor license for Donald Naderman for the::Fiew Pfsza Hut at 2130 Cliff Road. It was recommended to receive the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and schedule a public hearing to be held on October 3, 1989. E. It was recommended to r Project 529 (Cliff Lake Cent schedule a public hearing to F. Works M Roll e::final assessment roll for ets and Utilities) and on October 3, 1989. Councilmember Egan question d:4:f:::::thete:::would be a full warranty on the vehicle. Pubii�G Works::.Di.iettor Tom Colbert stated there would be a full warranty. It was recommended to receive ttie bid' ::':for Unit No. 136 (Cracksealer Melter) and authorize tfle acgq sition of a demonstration unit from MacQueen Equipments"Inc., in the amount of $14,075.00. G. Project 536, Receive F Hearinc (South Oaks Addition - It was recommended to r Project 536 (South Oaks Addi schedule a public hearing to assessment roll for d Utilities) and er 3, 1989. Page 4/EAGAN CITY COUNCIL MINUTES September 5, 1989 It was recommended to receive the final assessment roll for Project 463 (East Cliff Road - Streets) and schedule a public hearing to be held on October 3, 1989. It was recommended to receive tie fill assessment roll for Project 525 (Woodlands Addition -...-..T-r4.nk Storm Sewer) and schedule a public hearing to be held on J. Contract 89-01. Approve Change order for Sealcoatina of Trails. City Administrator Tom Hedges recommended omitting the change order for sealcoating of the:..tx ' a ' &ls and advertise for bids. He stated the change order for t. '...':04r.)Ling lot should remain. It was recommended to deny the dhaiini ... V' 9rder for Contract 89-01 for the sealcoating of several City tza&1-s�j'and to approve the advertisement for bids for the tii-us-::::i2ii6o"ating; and approve the change order for the City owned.'A . MY lots sealcoating. K. ew, It was recommended to approve Change Order No. 1 to Contract 89-12 in the amount of of drain tile. L. It was recommended to approve 011ains aid specifications for Contract 89-20, Hockey Rink Lighting at BAdle Ridge Park and the advertisement for bids. M. Resignation, Corey Cleveland from Economic Development Commission. It was recommended to accept the resignation of Corey Cleveland as a member of the Commission and to direct the City Administratort ::-..—.. , 0. dhadates for an appointment to fill the vacancy. Page 5/EAGAN CITY COUNCIL MINUTES September 5, 1989 N. Final Plat for KinaswpOd 4th AddU on. Councilmember Gustafson aslc'ee1'::'al necessary agreements had been processed. City Administrator Tom Hedges stated that the matter was in order. It was recommended to approve the final plat for Kingswood 4th Addition as presented. O. Final Plat for Woodlands 3i&::Addif-3tin. Councilmember Gustafson asked,:* all:: - had been processed. City Administrator:;Toei:#eii?*S:sated the matter was in order. It was recommended to approve the final plat for Woodlands 3rd Addition as presented. P. City Administrator Tom Hedg matter to the September 19, 1989 It was recommended to co 2nd Addition to the September Q. 2nd Addition. . continuing the meeting. �:::: iral plat for Manor Lake City Council meeting. Councilmember Gustafson asked if the matter was in order. City Administrator Tom Hedges stated -that all documents had been processed. It was recommended to app=6ve'tiielh—A'l plat for Sterns Addition as presented. R. Extension of It was recommended to approve the extension of the preliminary plat for Country Hollow 2nd Addition until November 30, 1989. S. Final Plat for Suncrest Addition.:: Councilmember Gustaf son sked:;:£.;;aj:::matters were in order. City Administrator Tom Hedges ::5tia ed ti3sat:;: 1 documents had been finalized. It was recommended to approve the finsL plat for Suncrest Addition as presented. Page 6/EAGAN CITY COUNCIL MINUTES September 5, 1989 T. Contract 89-04 No. 1 - Repairs). It was recommended to appr&Vi&:'3AK# Order No. 1 to Contract 89-04 (Project No. 560 - Timberline and Well No. 1 - Repairs) and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve'.thbak"tt request for Contract 88-29 (Well No::��13) for perpetual maintenance subject to;..rela V. h and final pay authorize acceptance warranty provisions. It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 583 (Park Center - Streets and Utilities). Wachter moved, Gustaf the motion to approve the consent agenda items as amended zaild;;autborize their implementation. All voted in favor. FIRE DEPART HAT Mayor Ellison requested 4.'::update on the aerial vehicle. Chief Southorn stated that the update would be available in approximately one week. OPTICAL SCAN FOR City Administrator Tom necessary to approve a reso elections. e Council it was an optical scan for Egan moved, Gustafson seconded :::::.the motion to approve a resolution authorizing the use of Optical Sean Voting equipment for elections. All voted in favor. City Administrator Tom Hedges informed the Council that demonstrations of the optical scan would be, held at the City Hall at 6:30 p.m. on September 19, 1989 in conntion with the training for the election judges. RI NGSWOQE:��}; �ADFfI'!.'�f�Ei City Administrator Tom Hedges stated:. -ere was a need -for an extension of the final plat to allow for tho: recording. Community Development Director Dale Runkle recommended an extension to September 30, 1989. N Page 7/EAGAN CITY COUNCIL MINUTES September 5, 1989 Wachter moved, Gustaf soil::::$-econded, tom: motion to approve the extension for recording of thii..."t.ipal pla-Cl-or Kingswood 2nd Addition to September 30, 19894:*:--- in favor. STERNS ADDITION City Administrator Tom Hedges informed the Council that there were still easements which needed..to be obtained. He recommended authorizing condemnation the costs. Egan moved, Gustafson seconded -'''the z6&""Eion to adopt a resolution for condemnation to obtaln certain easements to allow public improvements, with the Schic'X- istel&t guaranteeing all Costs. All voted in favor. ....... OAK WILT COMPLAINTS City Administrator Tom Hedges informed the Council that he had received a number of complaints regarding oak wilt. Councilmember Wachter stated that oak trees:;:.make good firewood and suggested the wood could be removed private:lt..�'*�,-Ma , yor Ellison concurred with . *A "h � � �- stated that it would be Councilmember Wachter. Councilifie' L .. consistent with City past policy,::.:. FINAL ASSESSMENT ROLL/PROJECT 4.9.5 p":: -DEVELOPMENT 2ND ADDITION City Administrator Tom Ho,'4i469 introduced the matter. Public Works Director Tom Colbert presented the details of the project. Councilmember Egan questioned the variances in the City finance amounts. Mr. Colbert stated that the actual costs came in higher while the assessment revenue remained fixed. He explained the type of construction. McCrea moved, Gustafson seconded:, - the ..motion to close the public hearing and approve the final::::&sses9#.L-nt roll for Project 495 (Dallas Development 2nd Additiori::::'-!'-' Str"�-s and. Utilities) and authorize its certification to DakotA:::CountY.:for collection. All voted in favor. -- FINAL ASSESSMENT HEARING/PROJECT 512R/CUTTERS RIDGE 2ND ADDITION Public Works Director Tom Colbert informed the Council that there were 51 parcels involved with the prd';Oct. Wachter moved, Gustafson.:aecGnded:;.:.:.t.tm::.motion to close the public hearing and approve the:::.-f&.nA- roll for Project 512R (Cutters Ridge 2nd Addition - Sanitar.y....and Storm Sewer) and authorize its certification to the County:f6,,k collection. All voted in favor. Page S/EAGAN CITY COUNCIL MINUTES September 5, 1989 City Administrator Tom Hedges presented the matter to the Council. Public Works Director Tom Colbert further explained the assessments. Gustafson moved, Wachter.: - to close the .. wip ..... . public hearing and approve the fing:k*4siei'=ent roll for Project 554 (General Electric Supply Company- St6kf Sewer) and authorize its certification to Dakota County;::All vo..".d in favor. RUSTEN City Administrator Tom Hedges summarized the matter for the Council. Assistant City Engineer Mike Foertsch presented the feasibility report details to the Council. He stated that the project should begin when the plat is approved. He informed the Council that all interested ps had received notice of the meeting. McCrea moved, Gustafson seconded,''thb ... motion to close the public hearing and approve Projeoi. 577--(-Riiifen Road - Street Improvements) and authorize preparA-*b'.3.dn:--b detailed plans and specifications. All voted in fAmpK.::.- VACATION/DIFFLEY ROAD FRONTAGE - WEST OF PILOT KNOB ROAD/ ABANDONED COUNTY RIGHT-OF-WAY City Administrator Tom Hedges summarized the background information for the council. Publ-i2p:::.V.4r.ks:-:.Di.rector Tom Colbert dk X 0�bdr' Egan questioned the presented further inf location of the proposed vacation. Mr.:.. Colbert explained the location. Gustafson moved, Egan seconded :::::-'i-the m'q`t'ion to close the public hearing and approve the vacation of the abhhdoned County Road 30 right-ofTway for the Diffley Road frontage road - west of Pilot Knob Road and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. All voted in favor. VACATION/CRAY ADDITION/DRAINAGE AND :::. U TILITY EASEMENTS Gustafson moved, Egan sed ... tiii.-im""O''tion to close the public hearing and approve the vacation of the draanage and utility easements within the Cray 1st Addition anct:.4:", .ilthorize the Mayor and City Clerk to execute all related documents :':for recording at Dakota County. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES September 5, 1989 CRAY ADDITION/PROJECT 571/3TORM SEWER City Administrator Tom Hed§.4ki:; 5bsdiuced the matter. Public Works Director Tom Colbert recappe ::lie'project and stated that Cray Research would not oppose the project. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve Prp}Rpt:.5.71 ..(Cray Addition - Storm Sewer) and authorize the and specifications. All voted in FINAL ASSESSMENT ErrnaTxG/PROJ—=T 427:{7(ANKEE DOODLE ROAD City Administrator Tom H�Q�es'pres�tited the background information to the Council. Piib7ic WoA§1::tirector Tom Colbert summarized the project and the assessments. He stated that three written objections had been received (see Exhibit A for written objections). He reported that the Sandberg property was assessed only for the 100 foot frontage and that the remainder would be deferred until future development. He further reported that Surrey Gardens would realize the bene#$ti::In..the amount of the assessment. He informed the Council that the o �tgin'&l;.;hearing notice did not include Bunker Hills and recommended tl2 fleietion of that parcel in order to renotice the interested: tiartie,sx4bd to correct the procedure. He stated the Sandberg:: ab. :j; G zon would be removed and that Surrey Heights should be;;ada C ii'as presented. He explained that Outlot A is one individual: un't (Surrey Heights) and that Surrey Heights 6th and 7th Additions were not assessed for the past project. He stated that the assessment included and was allocated over all 168 Surrey Heights units. He informed the Council that the tennis courts were owned by the Association. Vince Kennedy questioned::::I3e:;oz]g?g1:eost, the trail assessment, the assessment rates and,the adjustments. He had concerns regarding the transfer of Cil¢ Heritage Lane and access to the property. Public Works Director:Tom Colbert addressed his concerns. Councilmember Egan requested further information regarding tha City financing. Mr. Colbert stated that the storm sewer costs exceeded the estimates and that it would be 98% City financed. Wachter moved, Gustafson seconded, tht:notion to close the public hearing and modify the final assesst roll for Project 427 (Yankee Doodle Road - Streets;;enc:;tit-7i7tiQls:l; be deleting Parcel No. 10-41300-121-01 and authorize ::#s?:ti.a?ion to Dakota County for collection. All voted in favor. Page 10/EAGAN CITY COUNCIL MINUTES September 5, 1989 VACATION/CEDARVALE BOU ARD/PORTIM OF RIGHT-OF-WAY City Administrator Tom continuing the matter to October 5, 1989 to allow the petitioner to obtain an executed agreement. Gustafson moved, Egan s October 5, 1989 City Council portion of Cedarvale Bouleva VACATION/BLACKHAWK PONDS City Administrator Tom Council. Public Works Direc for the vacation. the motion to continue to the �} ::0'iblic hearing to vacate a oted�-:ati favor. .'the matter for the explained the necessity Gustafson moved, Egan seconded, the motion to close the public hearing and approve the vacation of the access easement across Lots 12 and 13, Block 1, Blackhawk:.Ponds Addition and authorize the Mayor and City Clerk to execut :::Al.l;.related documents necessary for recording at Dakota County. VACATION/PONDVIEW ADDITION/DRAINAGE:,.ANIi UTILITY EASEMENT City Administrator Tom Hedgss:::0Xn.tarized the matter for the Council. Public Works Director:;Teie Colbert explained the nature of the vacation. He stated the shopping center would be over the easements and that there were utilities present. He stated the utility companies requested relocation guarantees and cost reimbursement. He recommended continuing the matter to the September 19, 1989 City Council....m P .:.::...:.:.. Gustafson moved, Wachter -recon public hearing for the vacation of within the Pondview Addition to the Council meeting. All voted in favor FAIRWAY HILLS IST AND 2ND tion to continue the d utility easements 19, 1989, City /REQUEST FOR COST PARTICIPATION- -4 Egan moved, Gustafson seconded, the motion to continue the matter to a later time at the meeting. All voted in favor. KENNEALY ADDITION/PRELIMINA:RY PLAT/ STORM SEWER-P.ONDIN.q...R$Qi.TREMENTS City Administrator Tom He 4e.s presented the background information. Councilmember Egan questioned::::f staff had responded to Attorney Gross. Public Works Director Toni Colbert stated that the City's position was made clear at the prior meeting. Page ll/EAGAN CITY COUNCIL MINUTES September 5, 1989 Mayor Ellison requested :::;recap of tbe;previous discussions. Mr. Colbert recapped the prev iiyt#is.•Counci3;:Aiscussions and the current staff report. He stated:::th;#�; R0*0 :.,AP-8 was on the Comprehensive Storm Sewer Plan. Fd:::!b lined the drainage district. He reported that 2.6 acre feet would meet the Kennealy drainage needs. He explained that the preliminary plat showed a rectangular pond of .92 acres necessary per the drainage and grading plans. He recapped Attorney Gross' conditi.ons,;and.,;ptaff's response. ti :::: ; : :' Mayor Ellison asked if the po5' was: ;consistent with past requirements. Mr. Colbert responded-''yes aea that it was less than some other developments. Councilmemt�er Ega::had questions regarding the excess drainage. Mr. Colbert.,stgted it:.-as not yet identified. Egan questioned if the City was:ng:,?szefl in. Mr. Colbert stated the City had several options including•'adquiring from Kennealy. Loren Gross (Attorney for Kennealy) referenced an April 10, 1978 letter from Ed McMenomy. He stated that the current dedication reduced the acreage of the property to 7.65 acres, including the road expansion. He felt 12% was.;,iiot a reasonable amount and informed the Council that the:::64—r-.::.had lost purchasers for the property. He referenced condition-u-mter::;4. regarding fencing. He stated that monetary compensatioa;:was -only a partial compensation. He felt the dedication could have:::been. taMa care of one year ago and requested the City treat hiszCii?it: airly. Councilmember Egan commehtiia'that the City was dealing with detailed engineering matters and acre feet. He felt the percentage was irrelevant and that the City should depend on the topography. Public Works Director Tom Colbert explained the minimum and maximum depth. City Attorney J.im;:::She.1d4 :. .eported that the City was entitled to "reasonable dedicat:a#'r::arid;:t##0r each City had its own guidelines. He explained that based::gn engjpeering data, the City could conclude that it was reasonable;: He tksrther explained that if the City believed each piece was rei�ebnabl�:" that the total dedication was reasonable. Mr. Gross informed the Council that Mr. Kennealy had already paid for the storm sewer assessment. Public Works Director Tom Colbert pointed out that the outlet to the storm sewer was provided. Mayor Ellison remarked that the.City had given firm numbers and that it was up to the owner to::A-eal with them and relay them to future buyers. Mr. Gross stated that the!:4': M0 is t:x giaeated was for high value land. He questioned the overland drainage.:Councilmember Wachter questioned the original size. Mr. Gross stated it was 25 acres and that most of it was taken for Highway 77.k,±:. Wachter felt that the pond could be an amenity to the property. Mr. Gross agreed but explained that Mini Storage did not need a pond. Mr. Kennealy Page 12/KAGAN CITY COUNCIL MINUTES September 5, 1989 reported that there was nowbdie near fivd:i:::F�eet of water in the :, past. Mr. Colbert stated that'..'. anticipating full development. Councilmember Gustafson asked what would prevent the owner from filling in a man-made pond. Mr. Colbert pointed out that the owner would need a fill permit. Councilmember Egan remarked that there did not seem to be Mr. Gross stated his client requested monetary:,cw.. Councilmember Gustafson concurred with legal counsel in tha.kt-;:;the "unt was reasonable. Egan moved, McCrea seconded, tbde moti= to approve and adopt staff recommendations and respor4sex.-AVG ross' letter dated August 23, 1989 as follows: 1. To be addressed and reviewed at a later date as it may pertain to a particular land use application. 2. The staff recommends that this property be responsible for its normal park dedication r ts irregardless of the ponding dedication issue. 3. The staff does not have:::objections,as long as the previously referenced elevations:�;jre als.o�bmplied with. 4. Presently, the City dd6i�:.:- t5t require the fencing of any ponding areas. The City shoula. f . lot assume the responsibility for other agency requirements. The staff does not recommend acceptance of fee title to a ponding area, especially if it is used for density calculations of development proposals. 5. The staff recommends:,,Pt-hatd:::the:-: - dedj-pation of the ponding area as referenced be as a c6fi2E-i and development approval and at no cost to the City,:::,::. All voted in favor. Mr. Gross informed the Council that the action before the Advisory Planning Commission was moot. He stated he wouldrequest-1 plat withdrawal and would be in contact with staff. FAIRWAY HILLS 1ST AND 2ND ADDITIONS/ REQUEST FOR COST PARTICI-ATION City Administrator Tom Hedgm%'."::J ''''ba he background PT"101-4-t;. t :a -:.ifi;e..46eeting for their information. He praised all pf-4"i1.t:t:: cooperation. He informed the Council that..a.t. the August 23, 1989 meeting, some issues were resolved. He co*6nted that the time commitment was tight but that the frontagd:'r"oad should be constructed this fall. He reported that the letter from Roger Derrick set forth the developer's estimate of its costs. He Page 13/EAGAN CITY COUNCIL MINUTES September 5, 1989 .... ..... referenced Jon Hohenstein's m6ft, dated As.ggst 29, 1989 in which staff's opinions were set fortii:;ie.regusted Council direction as to which option staff should puiri e:�:. e;:;:£ It it was a County issue and stated that the developer reed"' d'findings of the Council recommendation to the County Board. Mary Vujovich (Attorney for developer) stated that the facts were still colored. She stated; tisat:;;the;;:E......wHills was a DMS project. She explained thatj!?..... ''..proved the plans and requested staff produce the plans. -Mie exViXained that Camelback Drive abutted the service road. She"pointed'out that Fairway Hills 2nd Addition was developed by Brid1i*ilde Properties. She explained that Bridlewilde's plans were.:al.!p.Q pp ve# by the City which included the frontage road.S3 s:tiatee%:: letter from Mike Foertsch gave the project the go-ahead: She commented that the County had copies of the plans and that the retaining walls were not built for the development but were for surrounding properties. She stated the developer requested a say in the wall design and that the City asked the developer to satisfy the County. She pointed out that the County had provided the speciemations with the developer building the wall. She further stated tliati::;the.,City had asked the developer to redesign the frontage road and t3ist::he:..City then stopped construction. She felt it was a cQntractiial.matter between the developer and the City. She reque:Sted..,ttit dbsts incurred by the developer be included in the total:':c nifty cost. She reiterated that the developer relied upon the;;C ::-and requested that the Council support the developer's approii: to the County. Mayor Ellison asked Mr. Herrmann what his understanding was from the three hour staff meeting. Mr. Herrmann stated that the plan had been redesigned and that he was ready to act. Councilmember Egan requested`,:e4s3`uiterpretation of the rights and liabilities of the City.:He asked whether the City or the County was liable. City Attorney::i7im Sftaldon replied that the factual determination would make a i q dift rence in the legal analysis. City Administrator Tom Hedges explained that there were two main points (1) the City and developer agreeing on the road construction and (2) who would pay for the costs. He explained that the County road had been shifted and that the County admitted it had requested the shift. He felt there shbe some cost participation by the County due o that change. Mr. Herrmann felt that the wall and guard rail th,6 td"', 0 oii73 n paid for by the County. Councilmember Wachter Ask6d:-4'dh- iibtice had been received regarding the road change. Public Works Director Tom Colbert stated there was no formal notice as the change was: insignificant. Councilmember Gustafson pointed out that the: plans included the road and asked if the plans contained specifics regarding the road. Mr. Colbert stated that the first addition plans did not provide Page 14/EAGAN CITY COUNCIL MINUTES September 5, 1989 specifics and that it was del ted for th4 second addition. He stated the plans had details bit::. d n.Gt':2fave adequate dimensions for compatibility with the CouifCy::::7�iWt :;i#fie explained that the detailed wall plans were never subi Ift—ed. Councilmember McCrea asked if there was documentation in the file that the road design was inadequate. Mr. Colbert stated that the City had acted in the correct-way,;.and:•:#ad done nothing wrong. McCrea questioned if a probl6�}:::{VGt 32f: sFali*: Exist if the City had done the installation. Mr. Colbert::k*�spon�fl no, that the City would have worked with the County.:McCrea`44estioned why the City had not checked with the County tolsee if -:::ft- was compatible. Mr. Colbert stated that the develpper.-:- d4fd. it::4ould work with the County and that the developer....AW)expoc ed: to design the frontage road compatible with the County road. Councilmember Egan asked if the City had ratified the County plans and modifications. City Attorney Jim Sheldon stated that it was a very complex fact situation and that until the facts were resolved, the City should reftaiD from legal conclusions. Councilmember McCrea felt that:;:F':i:One,was at fault and that everyone should look for a win/wiri otite6me., Mr. Sheldon stated that it should be determined as to what facts:eKeryone agreed and disagreed on. He commented that a;: contrat? :?dispute was a factual dispute. City Administrator Tom Fledges informed the Council he would suggest continuing the matter but that it would delay the project. Mayor Ellison questioned why the road could not be built now. He recommended building the road and determining the cost later. Roger Derrick agreed with Mr. Sheldon regarding the facts. He informed the Council that the March, 19i$1aa was not available to him until December of 1987. He pafiitierl:autithat the development was complete by that date. Mr. Herrmann stated he felt the City ted in a fair manner. Mr. Derrick felt that the City did riot mak?sa mistake by approving the plan but that the County made mistakes':"He requested a fair outcome.. Mayor Ellison commented he felt that common sense said the City should not pay for what others would:bave paid for anyway. He asked where the line should be drawn. He 3e arked that there were differing opinions between the two conflicting engineers. Councilmember Gustafson poYteii::ott::tiiat the developers had utilized the plans that had been approved;P.y. the City. He felt the City was not involved and that the County:was responsible for the changes. He felt the decision was between:' e developer and the County and that the City did not have authority in the matter. He felt a recommendation should be that it is not a City problem and a Page 15/EAGAN CITY COUNCIL MINUTES September 5, 1989 ....... ...... ............................ request to the County to res6j-�.� the probj--,6in by a certain date. Councilmember McCrea concurred. -:*:....h Mr .-"tafson and recommended the County determine its McCrea moved that the developer go to the County and that the City recommend the County assume 100% liability for the wall and guardrail only. Councilmember Egan stateA:::'t.bAitl::::i::::.iiis6lition should not impede the project and felt there were three part;Ws involved. He remarked that it was primarily a problem between thie""'developer and the County. He felt the City was not qua! -if ied::to determine the developer engineering quality.... Hs.-:P.idp.qaed:i:-A nominal involvement by '9::::. the wall and guardrail the City and that the County 6.Wal, 0C.A... only and that the City be involved up He felt the County and the developer should assume the majority of the cost. Councilmember McCrea recommended requesting the County to reimburse the developer. Mayor Ellison pointed out the City should not attach dollars until the County decided its liability. He favored inclusion in the project. Couhbl]member Gustafson felt the County must make its decision. mayoi::1-1'ton felt the County should decide its liability and that the City o.4..assume its share. Councilmember Egan requesteC�su , bmjtit:J-hg a percentage to the County as reports could drag Herrmann requested a positive note from the City Cp.=3�41'' Mr. Egan pointed out that it was what the Council was atteiiiii-ing. Councilmember McCrea suggested the Council submit a positive report supporting the position that the developers were caught in the middle. Public Works Director Tom Colbert stated that staff would submit a positive report upon direction by the Council. Councilmember Egan recommended the County participate up to 50% of the negotiated amount with the developer and the other 50%. He felt the City should not assume 45%. Mr. Colbert stated that the City would reimburse the County 45% of the County cosi.:::by contract. Councilmember Gustafson remarked thit::: the .0.i*unty owed money and it should pay and that the amount should--: be wbtked out between the developer and the County. Mr. Colbert statiia* that the developer wanted the County to pay with the City paying its fair share. Mr. -- Herrmann agreed with Mr. Colbert's statement and informed the Council it would begin construction in the morning. McCrea moved, Egan seconded, the motlli:i- to recommend that the County determine its liability and .. f-urther"'Approve payment by the . . .............. 0 t.: City of 45% of the cost based::.=' cost split, with staff '' d in favor. to provide supporting documen a' 11 6 STRATFORD OAKS/SPECIAL ASSESSM City Administrator Tom Hedges updated the Council regarding the matter. Page 16/EAGAN CITY COUNCIL MINUTES September 5, 1989 Dan Dolan (Eagan 40 Limited Partnership) informed the Council he was a general partner of tiiv::::iandowne::Iie reported that the past assessments were deferred''." :::tb'O: property developed. He pointed out that the landowner was': tia#a£i3e to sell the 2.2 acres because they could not split the lot. He explained that $35,000.00 was the amount agreed upon between the landowner and the City. He stated that Trammel Crow should close before the end of the month. He pointed out that no benefits...hgd.,been., received on either project. City Administrator Tom Heges'##Crinerl::the Council that the matter had been discussed at the sta'f'f mek'ng and that an alternative to Gene Vanoverbeke's memo dated August 28, 1989 would be to enter into an agreement with. 0w Hooton. The developer commented that it would pay tkie:::izticsia];3iut not the interest and penalty. City Attorney Jim She'": .i poiiit�$ out that the interest and penalty could be deferred. Wachter moved, Egan seconded, the motion to approve a request by Dan Dolan to abate assessments that are now levied against Lot 1, Block 1 and Lot 1, Block 2:;.:;:Stratford Oaks Addition, in the amount of $231,163.88 as shown"': o i::Kaiver of Hearing 00263, with the reassessment to be considered 4ith.:i�s*g4ent development proposals. All voted in favor. Egan moved, Wachter seconded'::.:.the:::nN6t16n to approve a request by Dan Dolan to abate the pena:}ties::ifid interest for special assessments in the principal aiaptint of $35,000.00 as shown on Waiver of Hearing 220 for the Stratford Oaks plat. All voted in favor. ORDINANCE AMENDMENT/CHAPTER ll/INTERIM USE PERMITS City Administrator Tom H0400j::-:. XP., as i # the ordinance amendment proposals to the Council. .. Councilmember McCrea had questioAs ant':::concerns regarding the termination of a use. City Attorney: -'m Shg"�lon informed the Council that based on new legislation, the`':City should have a tool in place for a unique situation. Councilmember McCrea recommended -- the addition to the proposed ordinance stating that all permits would be reviewed annually. Mayor Ellison questioned how interim U$p permits differed from special use permits. Mr. Sheldon explained -,:that interim use permits are land associated as opposed::to::::ceratq:ariented as in the case of special use permits. Commui i411+..":5ei a ?Tent Director Dale Runkle pointed out that it was a very unique measure.. McCrea moved, Egan seconded, the motibh'to approve the ordinance amendment to City Code Chapter 11 that allows for interim Page 17/EAGAN CITY COUNCIL MINUTES September 5, 1989 use permits subject to the inp:iusion of a;:.VAragraph stating all interim use permits will be re sewed annU-411y. All voted in favor. BRITTANY 10TH AT)bI�47 AkLARATION/ DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom Hedges presented the background information to the Council. ........... Carl Tollef son (developers`) "� fiftirme t Council that the proposed resolution was for the most:part::Untrue. He stated that the actual development was completgd;;in 19.88. He felt that the water and sewer contractor did not::A6. a c6.0i Tete job. He informed the Council that the contractor:; t Ebb iii::: tit;::return and therefore he was going to sue the contract tir :::He stated he had reviewed the punch list in April and that Erickson had completed the list in May. He informed the Council that Erickson was completing the new punch list at the present time and that it should be completed in the present week. He questioned what was meant by future road and pointed out that John Brown still owned the property. He stated that the only item left would:.:bk::::tk�.g. final lift of the blacktop. Councilmember McCrea had questions regarding the percentage sold and the debris. The developer resppn.4e.i that 65% to 70% had been sold. Public Works Director;;'�'om::�p_lb6ft explained that the debris was from the developanet;,:::l6eyorEllison questioned continuing the matter to the 4ext Council meeting. The developer stated the work would be completed by that time. Public Works Director Tom Colbert recommended approval of the declaration of default. Councilmember Egan agreed with Mr. Colbert. City Administrator Tom Hedges pointed out that there was still a shortage in the escrow account,.:.;:Mz..:;:T,ollef.son requested the reduction of the Letter of C;C::es:::tiie::Ieirider would not advance the funds for the escrow. Egan moved, Wachter seconded, rte mot 0A to declare Brittany Estates, Inc. in default of the deve7'Cpmen::agreement for the Brittany 10th Addition and to authorize the::`execution of a resolution, subject to a two week delay with the escrow being paid immediately; if the default is not cured within two weeks, City staff is authorized to proceed with appropriate actions. All voted in favor. .... VISITORS TO BE HEARD:-: SELA : PIJcN'T' ::': John Wesley had concerns regarding t1 :::DNR permit for -the Seneca Plant. He stated the City could regsiEst a public hearing. Mayor Ellison reported that he would be notified when City staff and the City Attorney had reached a conclusion. Page 18/EAGAN CITY COUNCIL MINUTES September 5, 1989 City Attorney Jim Seneca hearing. memo regarding the City Administrator Tom Hedges informed the Council that there was a serious erosion problem at Stafford Place and that City staff had cleaned up a portion of the debris. Mr. Hedges also updated the at the zoo and stated that Eagan ing the amphitheatre concerned. Mr. Hedges reported to the Council that Terrell Towers had been in contact with him regarding a commitment from the City for tax increment financing for a computer chip manufacturer (U.S. Memories). He discussed the company's future plans and stated that the State would participate:iiAt:;;requested City participation first. He pointed out that there were::t*;Q:::tpa;in issues, one being resolving an intention to finance the expaiisiozi:::.W :th the package due September 15. He stated an econot9ic deV4j;opment district must be created with a public hearing a6d tb®;:46.61'ig issues being handled. He stated that the zoning was . .Yiiper:'£ri The Waters. He stated that the City could resolve to con's'i. i M.the matter. He pointed out that U.S. Memories had made no coiitifiitment. Councilmember Egan stated that Mr. Towers had contacted him last week. Mr. Egan felt that a semi -conductor facility would be ideal and that TIF funding would not be necessary until phase two or three. He pointed out that Unisys may layoff in October. He felt that the City should examine the matter. Councilmember McCCatd::t1iEZ City needed further information. Mayor Ellison exgla iieii that: -:the Council had no plan to review and felt that the State triad a pie -in -the -sky future hope. He felt it seemed dangerous and prwgature:;::::Councilmember Egan remarked that someone had dropped the bal ::at the State level. City Administrator Tom Hedges described''the Stte communications and stated he agreed with everything the Council members had stated.__ Councilmember Egan pointed out the Council could only offer t consideration and that it could agree to a public hearing. Mr. Hedges agreed. Egan moved, Gustafson seconded, the 1e0. ion to consider the use of TIF for the U.S. Memories propq.Sal..if..... d when an application is received to develop within All voted in favor. RAHNCLIFF CROSSING/BURGER•;3CSNG SIGN Community Development Director Dale Runkle reported that the signs on Rahn Cliff for the Burger King were switched. He explained that the monument sign would;be,eliminated.•;,if the City would allow the Burger Ring sign to remaiEi::;;Councilmsrsl�ier McCrea felt that a notice of violation should be" Burger Ring. Councilmember Gustafson asked far:::i1ti;3:ocation of the pylon sign. Mr. Runkle pointed out the location. Egan moved, Wachter seconded, the motion to direct staff to notify Burger Ring to remove its sign. All voted in favor. COUNCI'1;*-'DIS STON*::i Councilmember Wachter had concerns regarding airplane noise. He suggested placing a monitor on,th,*.Un1.S-?s site. Councilmember Egan felt the monitor should .be .$ l ceQ:: a : -"he Timberline site. CHECKLIST Wachter moved, Egan checklist dated September All voted in favor. seconded, the motion to approve the 5, 1989 in the amount of $1,057,653.23. The September 5, 1989 11:30 p.m. was adjourned at CITY OF EAGAN . .:: J-.:.VanOverbeke M K1A vs, TO: CITY COUNCIL OF THE CITY'OF EAGAN As the owner of property Doodle Road in Eagan, I object to the final assessment propo's'e for Project No. 427 for streets and storm sewers as it relates to my property. I object to the storm sewer lateral assessment. I also object to the street assessment to the extent that it exceeds the amount proposed for 6 assessment pursuant to the staff•::iecommendd;tion of January 16, 19811, a copy of which is attached ta::3Yzs:tter The proposal was that only 100 feet of frontage of my property 6. assessed at this time and that the assessment be made at the'rate of"$20.54 per front foot for the 100 feet of the home site. It vj�; propG$ed that the remaining 290 feet of frontage not be assessed::.g it:3;1.,re.�'-ning or development to a higher use. The staff recomme►Yslaionaa:$;::ripproved by the Special Assessment Committee on Janua=y 16, 198'6. Vp.ry truly Donald Sandt DS:kjh Enc. • i •1I � i 1 L September 5, 1989 Dear City Council: We are objecting to the Project 427 Final Assessment for the following improvements;;:::;:.;.;. StreetStogy:&,a war Water Services:�raffic,Si$nil Trail Storm Sewer Trunk Items are assessed against:''parcels 10-72995-010-01 and 10-72995-020-01, otherwise known as Surrey Gardens. 14661 Chicago Avenue South BumsvWe, MN 55337 (612) 432-8240 RAREIL REALTORS 1020 EAST 146th STREET ........... ........... ................... ................. ........... • iWITE 240 MEMBER "MLS" . . - September 5, 1989 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Project 427 Dear City Council: We are objecting to t following improvement Street Water Services Trail Storm Sewer Trunk (6121432.8131 BURNSVILLE. MINNESOTA 55337 INSURANCE Project 427 Final Assessment for the Sewer Lateral is Signal ents Items are assessed agai'n's't the Bunker Hill Apartmenrs, otherwise known by the Property I.D. # 10-41300-120-01. Sincerely, Bunker Partner KA/ram is I �v I�m 6a� / ty-S.possJb� c�S,\e Po w� _l "THE MORNING AFTER" September 5, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on September 5, 1989. There are no details reported in this account; however, the action taken by the City Council on each of, the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS 1. A request to Dakota County to reinstate "No Parking" signs on Cliff Road 1264— adjacent to Holland Park and designate a no parking area on the north side of Cliff Road approximately mid -way between Oak Chase Road and Lexington Avenue was approved. 2. The petition was received and the request denied for stop signs at the intersection of Deer Hills Trail and Eagle Crest Drive. 3. Direction was given to the City Administrator and Director of Parks and •�^� Recreation to prepare a purchase agreement for the purchase of Lot 3, Block 2, Kensington Place located within the proposed Lexington/Diffley proposed athletic complex to be purchased from First Financial Corporation. CONSENT AGENDA SL4. Approval was given to the hiring of Daniel Mason as a Community Service Officer for the Police Department upon successful completion of the City's psychological examination requirement. 5. Approval was given to the hiring of Kimberly Eggers as a Planning Intern for the Community Development Department. . 6. Approval was given to plumbers licenses for the following: City View Plumbing & Heating Dave Dempsey Plumbing Donahue Mechanical Inc. Gorman-Oien Mechanical Inc. Peterson 6 Pinney Hardware Co., Inc. St. Paul Plumbing 6, Heating Bill George Plumbing 7. The non -intoxicating malt liquor license for Donald Naderman for the new Pizza Hut at 2130 Cliff Road was approved. 8. The final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition -Utilities) was received and a public hearing scheduled for October 3. 9. The final assessment roll for Project 529 (Cliff Lake Center -Streets 6 Utilities) was received and a public hearing scheduled for October 3. 10. Bids were received for Unit #136 (Cracksealer Melter) and authorization •ice was given for the acquisition of a demonstration unit from McQueen Equipment, Inc. in the amount of $14,075. �e 11. The final assessment roll for Project 536 (South Oaks Addition-Streets & Utilities) was received and a public hearing scheduled for October 3. 12. The final assessment roll for Project 463 (East Cliff Road -Streets) was received and a public hearing scheduled for October 3. 13. The final assessment roll was received for Project 525 (Woodlands Addition- Trunk Storm Sewer) and a public hearing scheduled for October 3. 14. Change Order for Contract 89-01 for the sealcoating of certain City owned parking lots was approved. INY 15. Change Order #1 to Contract 89-12 in the amount of $6,500 for the installation of drain tile at the tennis courts at Northview Park was approved. 16. Plans and specs for Contract 89-20 (hockey rink lighting at Bridle Ridge •••��+rJr�''i� +' Park and advertisement for bids) were approved. 0177N 17. The resignation of Corey Cleveland as a member of the Economic Development ww^^ Commission was accepted and direction was given to the City Administrator for an appointment to fill the vacancy. 18. The final plat for Kingswood 4th Addition was approved as presented. 19. The final plat for Woodlands 3rd Addition was approved as presented. . 20. The final plat for Manor lake 2nd Addition was continued to the September 19, 1989 City Council meeting. 21. The final for Sterns Addition plat was approved as presented. 22. Approval was given to the extension of the preliminary plat for Country Hollow 2nd Addition until November 30, 1989. �. 23. The final plat for Suncrest Addition was approved as presented: 24. Change Order #1 to Contract 89-04 (Timberline & Well #1 -Repairs) was approved. 25. The 7th and final pay request for Contract 88-29 (Well #13) was approved and acceptance for perpetual maintenance subject to warranty provisions was authorized. 26. The petition was received and authorization given to prepare a feasibility report for Project 583 (Park Center -Streets 6 Utilities). w w w w w 27. Action was taken to approve a resolution authorizing, the use of Optical Scan Voting equipment. Lalair 28. Action was taken to approve an extension for recording the final plat of Kingswood 2nd Addition until the September 30 City Council meeting. 29. Action was taken to initiate the condemnation for certain easements to ii9" allow public improvements in the Sterns Addition. PUBLIC HEARINGS 30. The public hearing was closed and approval given to the final assessment roll for Project 495 (Dallas Development 2nd Addition -Streets & Utilities). 31. The public hearing was closed and approval given to the final assessment roll for Project 512R (Cutter's Ridge 2nd Addition -Sanitary and Storm Sewer) . ( _ 32. The public hearing was closed and approval given to the final assessment �Pr roll for Project 554 (General Electric Supply Company -Storm Sewer). 33. The public hearing was closed and Project 577 (Austen Road -Street Improvements) was approved. 34. The public hearing was closed and approval given to vacate the abandoned County Road 30 right-of-way for the Diffley Road frontage road -west of Pilot Knob Road. 35. The public hearing was closed and approval given to vacate the drainage and utility easements within the Cray lst Addition. 36. The public hearing was closed and approval given to Project 571 (Cray Addition -Storm Sewer). Authorization was given to prepare detailed plans and specs. 37. The public hearing was closed and the final assessment roll for Project 427 (Yankee Doodle Road -Streets & Utilities) was approved except for paracel 10-41300-121-01. 38. The public hearing to vacate a portion of Cedarvale Boulevard was continued to October 3rd. / ( 39. The public hearing was closed and approval given to vacate the access P� easement across Lots 12 and 13, Block 1, Blackhawk Ponds Addition. 40. The public hearing for the vacation of drainage and utility easements within the Pondview Addition was continued until September 19. OLD BUSINESS 41. A storm water ponding requirement for the Kennealy Addition preliminary plat application was determined at 5.2 acre feet. o 42. Consideration was given to a request by the developer of Fairway Hills lst and 2nd Addition -Frontage Road for cost participation by the City/County for improvements. 43 Jt ®• 44 45 46 NEW BUSINESS A request by Dan Dolan, representing the Eagan 40 Limited Partnership, to abate assessments levied under Waiver 220, referenced as Stratford Oaks Project, was denied, however, interest and penalties were waived. A request by Dan Dolan, representing the Eagan 40 Limited Partnership, to abate assessments levied against Waiver 263 was approved with the condition that a reassessment be considered with subsequent development proposals. The ordinance amendment to City Code'Chapter 11 that allows for interim use permits was approved. Brittany Estates, Inc. was declared in default of the Development Agreement for the Brittany 10th Addition and City staff was authorized to proceed with appropriate action. Action was taken to. consider the use of T.I.F. for the U.S. Memories proposal if and when an application is received to develop within the City. Action was taken to remove the Burger King sign. All bills were approved and ordered paid. AGENDA REGULAR MEETING KAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 5, 1989 6:30 P.M. I. 6:30 - ROLL CALL 3 PLEDGE OF ALLEGIANCE ,(BLUE) 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES.(BLUE), 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) POLICE DEPARTMENT No Parking on Cliff Road near Holland Park PUBLIC WORKS DEPARTMENT Stop Sign Petition (Deer Hills Trail 6 Eagle Crest Drive) PARKS & RECREATION DEPARTMENT Authorize Purchase of Parkland from First Financial Corporation Within Lexington/Diffley Site, Lot 3, Block 2, Kensington Place 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS LICENSES, Plumbers LICENSE, On -Sale Beer for Pizza Hut, 2130 Cliff Road (Formerly Rocky Rococos) PROJECT 539, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 10th - Utilities) PROJECT 529, Receive Final Assessment Roll/Order Public Hearing (Cliff Lake Center - Streets and Utilities) VEHICLE #136, Receive Bids/Authorize Purchase (Public Works Maintenance - Cracksealer Melter) PROJECT 536, Receive Final Assessment Roll/Order Public Hearing (South Oaks Addition - Streets & Utilities) PROJECT 463, Receive Final Assessment Roll/Order Public Hearing (East Cliff Road - Streets) PROJECT 525, Receive Final Assessment Roll/Order Public Hearing (Woodlands Trunk Storm Sewer) CONTRACT 89-01, Approve Change Order, Sealcoating of Trails CONTRACT 89-12, Approve Change Order #1, Tennis Court - Northview Park Field Fencing CONTRACT 89-20, Approve Plans and Specifications/Authorize Advertisement for Bids, Hockey Rink Lighting RESIGNATION, Corey Cleveland, Economic Development Commission FINAL PLAT, Kingswood 4th Addition FINAL PLAT, Woodlands 3rd Addition FINAL PLAT, Manor Lake 2nd Addition FINAL PLAT, Sterns Addition EXTENSION of Preliminary Plat/Final Plat, Country Hollow 2nd Addition FINAL PIAT, Suncrest Addition CONTRACT 89-04, Approve Change Order #1 (Timberline 6 Well #1 - Repairs) CONTRACT 89-29, Final Payment/Acceptance (Well #13) PROJECT 583, Receive Petition/Authorize Feasibility Report (Park Center) V. 7:00 - PUBLIC HEARINGS (SALMON) 44A. PROJECT 495, Final Assessment Roll, Dallas Development 2nd - Streets and Utilities ?14(.# B. PROJECT 512R, Cutter's Ridge -Utilities q gC. PROJECT 554, Final Assessment Roll, General Electric Supply Company - Storm Sewer S� D PROJECT 577, Rustin Road P O� E. VACATE Abandoned County Right-of-Way - Diffley Road West of Pilot Knob Road F. VACATE Utility Easement, Cray Addition a G. PROJECT 571, Cray Research - Storm Sewer P�0 H. PROJECT 427, Final Assessment Roll, Yankee Doodle Road - Streets ,�, I. VACATE a Portion of Public Right-of-Way - Cedarvale Boulevard g( J. VACATE Access Easement for Lots 12 6 13, Block 1, Blackhawk Pond Addition 3 K. VACATE Drainage and Utility Easement on Lot 1, Block 2, Pondview, Addition VI. OLD BUSINESS (ORCHID) 1' $SQA. REQUEST for Cost Participation, Fairway Hills lst and 2nd Additions - Frontage Road CISB. KENNEALLY ADDITION, Preliminary Plat Storm Sewer Ponding Requirements P VII. NEW BUSINESS (TAN) \oa A REQUEST Special Assessment Abatement, Stratford Oaks OM B. ORDINANCE AMENDMENT, City of Eagan, to Chapter ll/Zoning Ordinance to Allow for f ((jInterim Use Permits CC DECLARATION of Default of Development Agreement, Brittany 10th Addition VIII. ADDITIONAL ITEMS (GOLD) I%. ADMINISTRATIVE AGENDA (GREEN) B. VISITORS TO BE HEARD (for those persons not on agenda) %I. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1l 1989 SUBJECT: AGENDA INFORMATION FOR MEETING 5p 1989 CITY COUNCIL After approval is given to the September 5, 1989 agenda and regular meeting minutes for the August 15, 1989 meeting, the following items are in order for consideration. A. POLICE DEPARTMENT Item 1. No Parking on Cliff Road Near Holland Park -The City Administrator received a letter from the Dakota County Park Director addressing the number and location of No Parking signs on Cliff Road adjacent to Holland Lake. The letter, a copy is attached on page, was referred to Chief of Police Geagan for his review. The Police Department see the attached memo from Chief Geagan referenced as page LCL, is requesting the City Council to require "No Parking" signs on Cliff Road near Holland Park and further that the no parking area be expanded on the north side of Cliff Road to approximately mid -way between Oak Chase Road and Lexington Avenue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request to Dakota County to reinstate "No Parking" signs on Cliff Road adjacent to Holland Park and further that the County designate a no parking area on the north side of Cliff Road to approximately mid -way between Oak Chase Road and Lexington Avenue. DAKOTA COUNTY PARKS DEPARTMENT 16127,437 66M 8500 127TH STREET EAST - HASTINGS, MINNESOTA 55033 July 12, 1989, �7 ^ Mr. Thomas L. Hedges City Administrator Municipal Building 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom: Each summer there is a large number of people who bring inflatable devices to Holland Lake and float on the water to order to keep cool. This has been,especially true during the hot summer of 1988 and during the very hot days of 1989. Holland Lake is not designated a swimming lake byy the County and we do not encourage this activity, but do not attempt to stop it either. We have a small (30 car) gravel parking lot for the picnic area which quickly becomes full and overflowing out onto Cliff Road when swimmers descend upon the area. Parking on Cliff Road actually becomes.a traffic hazard. Approximately 4years ago Eagan requested that the County place No Parking signs on the .north side of Cliff Road, adjacent to Holland Lake. This was completed by the Dakota County Highway Department. Placement of the signs made it possible for the Eagan Police Department to tag and tow vehicles parked in the No Parking area, thereby reducing a traffic hazard. Some of the No Parkingtsigns have been removed and/or lost due to one reason or another over the past few years. Officers of the Eagan Police Department have requested that the missing signs be replaced and if possible, that the arca to be signed be expanded on the north side of Cliff road, westerly, Past Lexington Avenue. 1 have made this request known to Mr. Pete Sorenson, the Dakota County Traffic Engineer. Pete said he would replace the missing signs, however, he cannot expand the signed area without a request to do so from the Eagan City Council. If Eagan is desirous of the expansion of the No Parking Zone along the north side of Cliff Road; please ask your City Council to make such a request. Any such request could be sent to me and I will see that it goes to the affected department. Yours ruly, Charles Lowery, Direc �r Dakota County Park§ epartment CL/sw cc: Gary Erickson, Physical Development Director Sgt. Ken Aszmann, Eagan Police Department Pete Sorenson, County Traffic Engineer AN EQUAL OPPORTUNITY EMPLOYER ®F police dp KR44EM D. ASiMANN Omalb CaPlaln 3830. Pilot Knob Rood VK: ELLISON M� Eagan, Minnesota 55122 Phone: (612) 454-3900 THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Co fl Membea THOMAS HEDGES UIV Ac N Rola EUGENE VAN OVERBEKE Clly Clap August 18, 1989 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLIO SUBJECT: NO PARKING ON CLIFF ROAD NEAR HOLLAND PARR The Eagan Police Department would like the Eagan City Council to request the 'No Parking' signs on Cliff Road near Holland Park that had been removed by vandals over the past few years be replaced. Because of the hazards existing in that area, with the use of Holland Lake,, we are also requesting the no parking area be expanded on the North side of Cliff Road to approximately midway between Oak Chase Road and Lexington. Patrick J. Geagan Chief of Police PJG:lb Attachment 3 THE LONE OAK TREE.. AHE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Packet September 5, 1989 City Council Meeting B. PUBLIC WORKS Item 1. stop sign Pet on (Deerhills Trail 8 Eagle Crest Drive)- -Enclosed on page is a petition received from 30 property owners requesting the installation of an "all way" stop at the intersection of Deerhills Trail and Eagle Crest Drive in the Meadowlands development just west of Blackhawk Road. Enclosed on page —4- is a map showing the petitioning property owners in relation to the referenced intersection. . In response to this petition, the following issues were investigated to determine if this petitioned stop sign was warranted in accordance with the Manual On Uniform Traffic Control Devices (MUTCD) as adopted by the City for evaluating the merits and necessity of stop sign installations at various locations: 1. An accident analysis was performed resulting in no record of any accidents occurring at this intersection. (See attached memo from Police Department on page 2. A speed study was performed with an unmarked squad car on August 14, 15 and 16 during the morning and evening rush hours. Results of this speed survey indicate that of the 19.1 vehicles observed, only S exceeded the 30 mph speed limit with the highest being recorded at 35 mph. This does not indicate that a speed problem exists n this area (See memo from Police Chief on pages through Z.) 3. On August 14-16, 1989, traffic counts were taken for this intersection indicating that the majority of the traffic uses Deerhills Trail with Eagle Crest Drive being the minor street at this intersection. These traffic volumes do not meet any warrants necessitating the installation of a stop sign to allow traffic to progress through this intersection. 4. A visual inspection was performed to determine the extent of clear site distances. The configuration of the intersecting streets provide good site distance in all directions allowing adequate time for motorists to observe and react to any obstacle in the roadway. As a result of this analysis, the staff cannot find any warrant that could be met to justify the installation of stop signs at this intersection. Therefore, it is recommended that this petition be received and the request be denied. Enclosed on pages _J_L and if- is a letter sent to the initiator of the petition further explaining staff's position and notifying them of scheduled Council consideration of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and deny the request for stop signs at the intersection of Deerhills Trail and Eagle Crest Drive. IFA PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on A -U, NU4 M (5-u") at the intersection with I/We, request this installation for the following reasons: -,�Uv aAws —TYO-i �s -the WWI &5bz&— adt L 0- 2. �k a+D, N161 l l d '(CALLC-9- -(:k - tyc rve+EbM1 y huDCL. 3. _'�LnCjt this ayeo- ctom YCt have std-tvji9-1',s OJUX �, LK." On -t�-J 4htClam. 4. I-rj ojtp CL4-Y\- NULLICk I for *1V tjU1dkfYL nq I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. F -W- F A� PAL FA �%Al2V j2W M - CC ail►G\�n�� aQv�\y, Z r orae`°J^ / �/� \0 __1ine or 1/2 of 0O°Kayo of SWestee.29 T 27. R 23 NE /4 NO -23'!59'W (East line of E 1/2 of' NW 1/d / of 5ec. 29.727 14' 14 40--00 6a°° + ` 711 kI �u I noa A ---1s 3i �3 yo.aDe.ei u u � 7 6mL iits a-A_N :17 -u i�000j 1'�sasr r f H; T ;� a\•\ W N —s 293612-e EM � Y o m �24-65 I e 0 a 70--� +� 65oom1 +1 s.►'MI".o\ 11N`':`` :::d�:. m ��., �� w� TA�.�/ n \� �. J3 RESIDENTS PETITIONING FOR STOP SIGNS A 48 HR. COUNT '1029 B 48 HR. COUNT 1431) C 48 HR. COUNT -970,' T z4 i O• Il• S2'34" - i I Ik I ()N! .3 jC�;� I� I �• �u x I r f l IN r I IZ ------ i_60_}IJ LG 1 2�I I• 1 �^y`, �ss.0o� 460.00 ! yo jC�;� I� I �• �u x 'K LS CYgC Illlh police department PATRICK J. GFAC-•NJ Chief ofKENNIETH Fblm opera" "Ccoah 4NN 3830 Pilot Knob Road vK: aUSON Eogon. Minnesota 55171 Mao1 Plane: (612)..454-3900 - THOMAS ELAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cau it Al� THOMAS HEDGES EUGENE VAN OVERBEKE Cx1,Gen AUGUST 23, 1989 TO: STAN, ENGINEERING DEPARTMENT FROM: LYNN, EAGAN P.D. RECORDS RE: ACCIDENTS AT DEER HILLS TRAIL AND EAGLE CREST THIS MEMO IS TO ADVISE YOU THAT THE EAGAN P.D. HAS NO RECORD OF ANY ACCIDENTS AT ABOVE INTERSECTION. (OUR COMPUTERIZED RECORDS SYSTEM GOES BACK TO 1/1/87. PRIOR TO THAT TIME, WE HAVE NO WAY TO FIND OUT IF ANY OCCURRED AT THAT EXACT LOCATION.) l THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN -OUR COMMUNITY Equal Opportunity/Affirmative Action Employer OF 3830 Pilot Knob Rood Eagan, MUinesoto 55122 Mom (612) 454-3900 August 18, 1989 TO: TOM,COLBERT', DIRECTOR OF PUBLIC WORKS FROM: PAT GEAGAN., CHIEF OF POLI police department PATRICK J. GEAGAN ChIM of Poke TBNETH D. AS&~ OPwa b<Cap+oin VIC E1160N M1 THOMAS ELAN DAVID KGUSIAFSON .PAMELA MCCREA THEODORE WACHTER CAXA-a wafft e THOMAS HEDGES CIry A&r& tab EHGENE VAN OVERBEKE Ce/ Cb SUBJECT: TRAFFIC SURVEY —DEER HILLS TRAIL AND EAGLE CREST DRIVE The Eagan Police Department conducted eight separate radar surveys in the area of Deer Hills Trail and Eagle Crest Drive with an unmarked squad car. The attached data indicates a speed problem does not exist in that area. If we can be of any further assistance in this matter, please let us know. Patrick J. Geagan Chief of Police PJG:lb Attachment 2 THE LONE OAK TREE ... THE•SYMTKX I STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer M LOCATION 9 KILLS 'fR a START I Jja DIRECTIONt,-fSTBtt„b DATEI2I--)L�-� FALL CXLSl (�2. CLEARED I6 30Z NIGH 3C) LOWIrl_AVERAGE S't may. =�-mm mm- ' m -mm----- mm-m-mmmmmmm mm -m • -mm----- m • / -m mm----- mmmmmmm ,. ----- mm-mm------m- CLEARED I6 30Z NIGH 3C) LOWIrl_AVERAGE S't may. 0 CAGAN P.D. SPEED SURVEY LOCATIONprFQ 1AILL5 tR d- START t732, DIRECTIONCg5r6[V,,D DATE by-ly-tdq F gC�LE,UtGS7 /�R. CLEARED I J 3� NIGR 30 LOW_AVERAGE CAGAN P.D. SPEED SURVEY LOCATION '.U��CCresFD( 4Zvll, START D/U() DIRECTION i I/V DATE T 6 CLEARED 073 a IIIGII IM LOW l0 AVERAGE_ Au. of TitE VEeKLLS r-eb L-A nL �� ASC ergDENT- fri wh*_4 -:t7 06SQvCb ctnrE aur or- .DP-1vnV"S tri kim t +rrr� WEee N% vr-mceps wnc�H utmc ow or- �c c.eesr D�e�vc on/✓a ecz2 d7cZs �v LOCATION b( (Nv, lf, Q START 1514 DIRECTION Q5%XUN0 DATE pjj (S'fS9 EAcc�- ecFss �� • CLEARED I_/&? HIGH -31 _LOW j_AVERAGE N M•lk4 r9 (.iYZ uJ n'� a.A,0-0- Q U-- ..n...... LOCATION b( (Nv, lf, Q START 1514 DIRECTION Q5%XUN0 DATE pjj (S'fS9 EAcc�- ecFss �� • CLEARED I_/&? HIGH -31 _LOW j_AVERAGE N M•lk4 r9 (.iYZ uJ n'� a.A,0-0- Q ,i. �. . ......... .. LOCATION Ui�� kJLV7 J( • START JUDI_DIRECTIONbfgg op DATE CLEARED RIGII �j�j LOW % AVERAGE U a�.�s'L`c�d1 C.-e•Z wo•a .�w.v-eJ� LOCATION. _i%.. START('- '',� '-I /',' DATE DIRECTION.,� CLEARED HIGH LOW YAVERAGt� LOCATION START "—DIRECTION DATE ,� e� LOCATION .Atrr I{ -'IIS Tom. of START /b:y/ DIRECTION DATE 8/l. -fry M��Mm �M=��Mmm mmmummmmmmmmm mmmmmmmmmmmmm ��m�CCCCImmmmmmmmm��Mm CLEARED )%:µI HIGH 3-J- LOW Ib AVERAGE 2L -MC city of eagan 3830 %LOT KNOB ROAD vlc l W SON M+c w EAGAN. MINNESOTA 55122-1897 PHONE: (612) 454-8100 THOMAS EGAN FAX. (612) 454-8363 DAVID K. GUSTAFSON .PAMELA McCREA August 29, 1989 THEODORE WACHTER coup wee„ THOMAS HEDGES CW, Atlml ishdq EUGENE VAN OVE%FKE - MR MICHAEL MORAN CIN CWk 1857 DEERHILLS TRAIL EAGAN MN 55123 Re: Petition For A Stop Biqa (Deerhills Trail 8 Eagle Crest Drive) Dear Mr. Moran: The City is in receipt of a petition initiated by you and your neighbors requesting the installation of stop signs at the above - referenced intersection. This letter is to inform you that this item will be considered by the City Council at their September 5 meeting at City Hall at 6:30 p.m. Enclosed you will also find the background information that is being forwarded to the City Council for their review in considering your petition. As you can see, after extensive evaluation of this intersection by the Engineering and Police Departments, we cannot find any warrants that would justify the installation of this stop sign. Subsequently, staff is recommending that your petition be denied. It is necessary that specific warrants be met before stop signs are installed. Otherwise, they intend to be disregarded creating more of a hazardous situation due to the reliance that people in the area will place on a stop sign that has greater tendencies for violation by the travelling public. Our traffic counts indicate that the traffic on Deerhills Trail is not considered "heavy" for a typical residential subdivision. The result of the speed study indicates that there is not excessive speeding presently occurring. In addition, studies have shown where stop signs are placed for speed control, they tend to create greater speeding problems beyond the stop sign from people accelerating to make up for time lost having to stop at an unwarranted location. in THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 If you and your neighbors feel a sidewalk would be beneficial for the children in your area, the City would be happy to respond to a petition of the neighborhood requesting the installation of such a public improvement. However, the location must be satisfactory to all affected property owners and the cost of such an improvement would be assessed against all property owners who have frontage to the street along which the sidewalk is installed irregardless of which side of the street the sidewalk is located. While the City has every concern regarding the safety of the children in your neighborhood, we hope that the parents would recognize the inherent dangers accompanied with children playing in a street that was designed to accommodate traffic. Since you were the apparent initiator of the petition, we would request that you would inform all other petitioners of the staff'''s recommendation and scheduled Council action regarding your collective request. If you would like additional information or discussion regarding this issue, please feel free to contact me at your convenience. Sincerely, Nomas A. Colbert, P.E. Director of Public Works TAC/jj Enclosure cc: Pat Geagan, Chief of Police l8 Agenda Information Memo September 5, 1989 City Council Meeting C. PARKS & RECREATION DEPARTMENT Item 1. Authorise Purchase of Parkland from First Financial Corporation Within Lexington/Diffley Site, Lot 3, Block 2, Kensington Place -At the August 1 City Council meeting, direction was given to the City Administration and Director of Parks & Recreation to present a counteroffer to First Financial Corporation for the City's desire to purchase Lot 3, Block 2, Kensington Place, a. half acre of property located within the Lexington/Diffley proposed athletic complex. Staff has been in contact with First Financial to attempt to reach a settlement. After discussion with representatives from First Financial Corporation, it appears the City has reached an agreement for the purchase of the parcel at $7,500, plus accumulated taxes to date with the seller responsible to pay off all assessments. This is essentially the direction that was provided by the City Council. Assuming the board of First Financial approves, the City will enter into a purchase agreement and close on the parcel at the earliest possible opportunity. The actual dollar amount paid for the parcel will be determined when a formal purchase agreement is entered into and an update on assessments/taxes is received. To date,, formal action has given staff direction to negotiate, however, there is action required to formalize a purchase agreement. ACTION TO BE 'CONSIDERED ON THIS ITEM: To direct the City Administrator and Director of Parks & Recreation to prepare a purchase agreement for Lot 3, Block 2, Kensington Place under the conditions as presented. l`\ Agenda Information Memo September 5, 1989 City Council Meeting There are twenty - two (22) 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 disucssion required is brief. A. PERSONNEL ITEMS Item 1. Community Service Officer -- Following the screening of approximately sixty-five applications for this position, twenty candidates were invited to the Municipal Center for a written exercise, a physical fitness test and an interview. The interview panels included the Chief of Police, the Police Captain, one Lieutenant, two Sergeants and the Assistant to the City Administrator/Personnel Director. Following the interviews, thorough background investigations were conducted on four finalists. It is the recommendation of all personnel involved that Daniel Mason be hired for the position, subject to successful completion of the City's psychological examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Daniel Mason as a Community Service Officer for the Police Department, subject to successful completion of the City's psychological examination requirement. Item 2. Planning Intern -- Following the screening of approximately sixteen applications for this position, eight candidates were invited to the Municipal Center for an interview conducted by City Planner Sturm and Planner I Marnin. It is their recommendation that Kimberly Eggers be hired for this temporary position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kimberly Eggers as a Planning Intern for the Community Development Department. ME Agenda Information Memo September 5, 1989 City Council Meeting e PLUMBERS LICENSES H. Plumbers Licenses -There are seven (7) plumbers licenses that are in order for consideration. All seven (7) of the licenses meet City Code regulations pertaining to the plumbing license requirements. Applications were received from the following: 1. City View Plumbing & Heating 2. Dave Dempsey Plumbing 3. Donahue Mechanical Inc. 4'. Gorman-Oien Mechanical Inc. 5.. Peterson & Pinney Hardware Co., Inc. 6. St. Paul Plumbing & Heating 7. Bill George Plumbing ACTION TO BE CONSIDERED ON THIS ITEM: To approve all seven (7) plumbers licenses as presented. ON -SALE BEER/PIZZA HUT C. License for On -Sale Beer for Pizza Hut -Pizza Hut has purchased the Rocky Rococo Restaurant at 2130 Cliff. Road. Mr. Donald Naderman is the manager and applicant for the non -intoxicating malt liquor license. This item appeared on the August 15 agenda,, however, in the absence of a complete background investigation by the Police Department, the item was continued to the September 5 City Council meeting. The Police Department has completed its investigation and finds the applicant to be in order for Council consideration. Information on Mr. Naderman and Pizza Hut non -intoxicating malt liquor license were distributed without page number as a part of the August 15 Council meeting packet. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the non - intoxicating malt liquor license for Donald Naderman for the new Pizza Hut at 2130 Cliff Road. Agenda Information Memo September S. 1989, City Council Meeting FINAL ASSMT ROLL/PUBLIC HEARING/EAGANDALE CTR INDUS PK 10 ADDN D. Project 539, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 10th Addition - Utilities --The installation of utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL/PUBLIC HEARING/CLIFF LAKE CENTER E. Project 529, Receive Final Assessment Roll/Order Public Hearing (Cliff Lake Center - Streets & Utilities --The installation of streets and utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 529 (Cliff Lake Center - Streets & Utilities) and schedule a public hearing to be held on October 3, 1989. VEHICLE #136/BIDS/AUTHORIZE PURCHASE F. Vehicle #136, Receive Bids/Authorise Purchase (Public Works Maintenance - Cracksealer Molter) --At 10:00 a.m. on August 25, the City received bids for the purchase of a 250 gallon melter/applicator for, our street maintenance crack sealing program. Enclosed on page is a tabulation of the bids received with a comparison to the 1989 approved budget amount. In evaluating the bids submitted in comparison to the bid specification requirements, one of the three bids did not meet the specifications. of the two remaining bids submitted, one is for the purchase of a newly manufactured unit with the second (demo) for a used piece of equipment refurbished and carrying the same warranty as a new manufactured unit. The noncompliant bidder was not able to meet City requirements in the following critical area: 17?CP?—. Agenda,Information Memo September S. 1989, City Council Meeting 1. Does not provide for a flush free system for cleaning pump and sealant lines after use. 2. Did not have a double logger for better horizontal circulation of the melted sealant. 3. Did not provide for the motor control valve necessary to allow the operator to stop or run the pump at a constant speed regardless of engine rpm. 4. Its melting capacity was only 1,350 lbs. per 'hour as compared to the desired 2,000 lbs. per hour to allow higher efficiency usage. Although the budgeted allocation for 1989 would provide for the purchase of the ,newly manufactured unit from McQueen Equipment, a potential cost savings of $8:,.925'through the purchase of the demo unit (which meets all City specifications) would be recommended. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Unit #136 (Cracksealer Melter) and authorize the acquisition of a demonstration unit from,McQueeen Equipment; Inc., in the amount of $14,075. c23 BID OPENING - FRIDAY, AUGUST 2'5, 1989 BID TIME - 10:00 A.M. BID RESULTS ONE (1) CRACK SEALER/MELTER/APPLICATOR UNIT 136 VENDOR AMOUNT BID r,Mac Queen Equipment $'23,000 Stepp Manufacturing $ 16,685 * Mac Queen Equipment (Demo) e $ 1'4,075 * bid meeting specifications Budget Amount - $25,000 a� Agenda Information Memo September 50 19891 City Council Meeting FINAL ASSMT ROLL/PUBLIC HEARING/SOUTH OARS ADDN G. Project 536, Receive Final Assessment Roll/Order Public Hearing (South Oaks Addn. - Streets & Utilities) --The installation of utilities for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 536 (South Oaks Addition - Streets & Utilities) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL PUBLIC HEARING EAST CLIFF ROAD H. Project 463, Receive Final Assessment Roll/Order Public Hearing (East Cliff Road - Streets) --The installation of streets for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 463 (East Cliff Road - Streets) and schedule a public hearing to be held on October 3, 1989. FINAL ASSMT ROLL/PUBLIC HEARING/WOODLANDS ADDN I. Project 525, Receive Final Assessment Roll/Order Public Hearing (Woodlands Addition - Trunk Storm Sewer) --The installation of trunk storm sewer for the above -referenced project has been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council in consideration of scheduling a formal public hearing to present this information to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 525 (Woodlands Addition- Trunk Storm Sewer) and schedule a public hearing to be held on October 3, 1989. aS Agenda Information Memo September 5, 1989 City Council Meeting CONTRACT 89-01 J. Contract 89-01, Approve Change Order for 8ealaoating of Trails -Included in the 1989 Operating Budget for Parks & Recreation was an appropriation for sealcoating certain trails throughout the community. As a cost efficiency it is recommended that authorization be given to a change order that would allow for the sealcoating of trails as an addition to .the contract the City has for the sealcoating of streets. It is anticipated that the amount for the trails will be approximately $17,000 to $18,000., which is less than the approved budget amount for 1989. Agenda Information Memo' September 5, 1989 City Council Meeting For additional information on this item and a reference to the specific trails to be sealcoated, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order for Contract 89-01 for the sealcoating of several City trails. MW 0 MEMORANDUM TO:, TOM HEDGES, CITY ADMINISTRATOR FROM: J KEN VRAA, DIRECTOR OF PARKS b RECREATION DATE: AUGUST 16, 1989 RE: CHANGE ORDER FOR CONTRACT 89-01 - SEAL COATING OF TRAILS I have previously provided you with several memos on the bituminous maintenance program, and in particular the trails maintenance/seal coating of park related trails. More recently, we discussed the impact of adding those trails that were previously part of the Streets Department, i.e., trails along streets, to the maintenance program. As part of the 1989 program, several park trails were previously identified for seal coating. However, with the addition of the "new trails" from the Streets Division, it has been determined that several of these trails have higher priority and needs for repair maintenance and seal coating. Recently, the City received bids for seal coating of City streets. As much as the seal coating product for streets is similar to that for trails, staff has requested approval to initiate a change order to Contract 89-01 to allow for seal coating of these new trails. The funding would be provided from the 1989 budget previously appropriated and no new funds are requested for this work. The contractor agreed to hold to the square foot cost provided for streets and extend this to the trails. Trails to be seal coated, not previously identified include: Johnny Cake Ridge Road, from Cliff south to Apple Va11ey; Wilderness Run Road Trail, from Pilot Knob to Lexington Avenue; Cliff Road from Johnny Cake to Nichols; Berry Ridge Road Trail and the 494 River Crossing. Several other trail links are currently being reviewed for addition to this list. Staff will notify residents whose driveways cross the trails prior to the seal coating process, so that they are aware of the work and any inconvenience that may be incurred as a result of this work. FOR COUNCIL ACTION To approve Change Order to Contract 89-01 to allow for seal coating of trails. (Note: It is anticipated the amount will be between $17,000 - $18,000). KV/b)s Agenda Information Memo September 5, 1989 City Council Meeting CONTRACT 89-12/Approve Chance Order #1 for Tennis Court K. Contract 89-12, Approve Change order #1 for Tennis Court at Northviev Park Field Fencing -During the construction process for the tennis courts in Northview, subsurface moisture was encountered to the south of the tennis courts. It was determined that this moisture was a result of water being transmitted along a variation in sub -soils from higher ground to the south. According to the Director of Parks & Recreation, drainage tile will be necessary to intercept this moisture in order to insure that there will not be frost heaving beneath the tennis courts. Cost to install the drain tile is $6.35 per lineal foot or approximately $6,500. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 89-12 in the amount of $6,500 for the installation of drain tile. CONTRACT 89-20/HOCKEY RINK LIGHTING L. Contract 89-20, Approve Plans and Specifications/Authorize Advertisement for Bids for Hockey Rink Lighting -Plans and specifications for the lighting of two (2) hockey rinks at Bridle Ridge Park have been prepared. At a neighborhood informational meeting on August 17, the Parks & Recreation Department staff reviewed the light plans and other issues relative to the installation of lights in the park. With the specifications, staff is recommending the installation of "Level 8" glare and light spillage control. This is a relatively new advancement in light technology and is designed to reduce the amount of "spill" light. Hopefully, this innovation in light technology will reduce the impact on the adjacent neighborhood. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications for Contract 89-20, hockey rink lighting and advertisement for bids. M. Resignation, Corey Cleveland from Economic Development Commission -The City Administrator received a letter from Corey Cleveland, member of the Economic Development Commission, informing him that due to a new position he has accepted as Senior Vice President at Community National Bank in Grand Forks, North Dakota, he will no longer be serving a member of the Commission. Enclosed on page _o is a copy of Mr. Cleveland's letter of resignation. Mr. Cleveland has represented the banking industry category as a member of the Economic Development Commission. If it is the desire of the City Council to appoint someone with Agenda Information Memo September 5, 1989 City Council Meeting banking experience, the ,City Administrator could send,a letter to each of the banks that are located within the City of Eagan announcing the vacancy if it is the City Council's desire to appoint someone prior to the January organizational meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Corey Cleveland as a member of the Economic Development Commission and provide the appropriate direction to the City Administrator for an appointment to fill the vacancy. M August 17, 1989 Tom,Hedges„ City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Tom, I have accepted the position of Senior Vice President at Community National Bank in Grand Forks', ND. My last day at Norwest 'Bank is August 25th and I begin work in my new position on September lst. As you may recall, East Grand Forks, MN is my hometown. I am looking forward to returning there and the position provides me with a significant increase in compensation and responsibilities. It is with sadness that I must bid farewell to the friends I've made over the years in the Cities. I must also resign as a member of the City's Economic Development Commission. I have enjoyed serving on the Commission with individuals who are truly committed to Eagan's continued success. I wish you and Debbie the best and please look us up if you are ever in the Grand Forks area. Sincerely, Corey Clevel'.d CC:krb (4646W) 3a Agenda Information Memo September 5, 1989 City Council. Meeting FINAL PLAT/RINGSWOOD 4TH ADDITION N. Final Plat for Eingovood 4th Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the. Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed on page *3'2. is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat. for Kingswood 4th Addition as presented. 51 4 N KINGS i' O 6O 0 6MFMQMMM� / A;1, I�I I. rte.. rr .nFS. rFrlii p w,4rM(.rFO fM n a�YS 'rrESSN Z "y „.a 1 t — - �tC EST 1 I I I 1 I _ 9 11 nE.an: err .a .,:,^"rcrr r.arr LOCATION SKETC!{, N �a 1 O P SEC. 21 , T W c 2T. RfrE. 23 4TH ADDITION ........... .. pam��l 1r «r .IM r•N•.V .irai..f .r.« I. I. IaP ,N .WTa..eavretY av m rwvr«J V.. —r EI! N �rrn wI L.N I.a N 1pMr.. ...anwirr�i. rrr.n.VVm:,p~ 4"I�rin .v l9. Nvw.r ul.l Ila rr.a ....l n..lN. ....a .... r' y'a .. - w'., r .r L. i. .... r "',,.'.., rrNa rr. r. r is r. .ram. xaa eawa�r �.na Mc COMBS FRANK ROOS ASSOCIATES. INC. n�.rt aPn w.w. Mryr mrr11 Ihr 1 r.. .rsJ a M.r .� a.r.... nww eul�..r•eu. a .�..n m�.r .n .na o .r .rry fid L'�. 1.4 Oi..n.r.. l.. .:.. IMP r�m�fiBTE•Iw..iiP feail �,•La r.... .r.... w. Inru. w a. r1 rwrtl fYw�.'.Irneu wnvrd flu .. 1 E. r.11 NRr1�N.�rN r e. Nr 4^9 w p..mI11P laln .n rn In Nr F: � emu —Y1 n.i l� ..nTq.0. y�rr rrr �� IrrM r. rY Nlie e r laV err was. �i .rrr Agenda Information Memo September 5., 1989 City Council Meeting FINAL PLAT/WOODLANDS 3RD ADDITION O. Final Plat for Woodlands 3rd Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. .Enclosed on page � is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Woodlands 3rd Addition as presented. EXHIBIT "An THE WOODLANDS THIRD ADDITION AREA SUMMARY .Exf V K.. iZr.'9] ] r 29A noire •. �T4 5 A•.9'es. nccD1N ..-_._- .'_... 1 � ------ • .x l• r- // 11 � ', \\ yi •pis ir-_'i e.•_. a\\a] of � � KiM ]r / i / I : ,d 19 i :• ��\ S ' ia.a 11 • � a.T]f1 I. OQ a^ \i• °.23]. r, � za %G // % / .I � ° j .`� n,.]r � \ 31 'f / I 32 I w� @ - .ytJ 30 r ----=------'y ova . 25 // • 26v .i / epi :�i •�1 �`_`•,•••\�/ ;e�y _f I G -1• x . _ --- • • -/ II1•e_27 le al . ' \ %. a 6i5"s em]v c; i.rl 8� .,. 'w�� . / / .;a: !�: d'11• .\✓ ..].c I 33 I n ai 26 .1� �„ -1• 9._ -- —•—, n �e It �+i t l� . n>w CD URT 3e20 19 IT I • r-----�\C---_--- `\\ ll -•i ,-/l_i iwv: // '� `•�'' "iL's- f/�/�s:.: �r \� J ..i �\ J/ r•/ a __ a • \ n'>mt \�•L near / 1 ` t '� • . - aas•ar a / ..I"//j• ..m,. //�': ; r \ j 36 .1V 15 �r •r i!- \ ____ a}• tit r 1L1 Ii t �� 1f// ��y �'•'aI� ... X6.5°'2'+' y �-� --� ar '`e4Y v<� ��aU IA s'/�o.mvl >� El � Ia w��• •ai\,f'. .'2B5, 5)q.9)f .fil ` -yiip _ • \\ 6 �f' %. 4^-` \ ti• -5' a'\ •/fir 5 •il a I, * 'E1�,;/'�°'� ,� ("1 t s.amar i�.i r.®ar i��: �]xvil l= 2�':.� Z �� ^.\ "� I I �� uaar "/ •� iiµ•. :. A I I i-ai. w •tii �_ x 12'3)' E 3°).60 _ •�/�� w,atl/ /„ip0 � r •S1,\ ♦• 6 r' o •l L S ry aii•�. imwo. ie+on r�� •' � ti�/ �\=:;'\ j Ir Ir °s•r.e .so r r"s .a w .acv _1 J �� I \\ UxArom wo -—=--_-. - / JAMES R. HILL. INC. SHEET 2 OF 2 SHEETS Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAT/MANOR LAKE 2ND ADDITION P. ;Final Plat, for Manor Lake 2nd Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant' and the Department of Community Development. Assuming :the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed on page .34P is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Manor Lake 2nd Addition as presented. 3,1' MANOR LAKE SECOND ADDITION. r PETUS. PAIGE &'SAMSON LAND SURVEYONS. LTO. �r�.wi—omi evw. .mn. nrwmr F W r). N, r A w XJ r Y sr rr r.9 SCALE rr .+w:ar��rr N. r•.uM n....rr t PETUS. PAIGE &'SAMSON LAND SURVEYONS. LTO. �r�.wi—omi evw. .mn. nrwmr F W r). N, r A w XJ r Y sr rr r.9 SCALE nArs: � B A ip M 3AiFFT 2OF2 Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAWSTERNS ADDITION Q. Final Plat for Sterns Addition --All documents relative to the final plat, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting.. Enclosed on page 3.L is a.copy of the final plat as it appears for signature and'recordng at Dakota County,. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat :for SternsAddition as presented. 37 DMW :. ll• . v �0rl K e�o i ivF A=D 8 e 9 'a q '• . a STERNS ADDITION L:". .�..�... �.. wu�a.w.nw. w wnT n... .. � Y a�wh� b.�... w. �-•n. n.. 3 m SEG25 727 R23••.••�_.••••—••r —_ r .-w..r. ......w .1 Mr^r 11 11— 1 1 ' ^/LQ@ 1111.. 9 DMW :. ll• . v �0rl K e�o i ivF A=D 8 e 9 'a q '• . a STERNS ADDITION L:". .�..�... �.. wu�a.w.nw. w wnT n... .. � Y a�wh� b.�... w. �-•n. n.. 3 m SEG25 727 R23••.••�_.••••—••r —_ r .-w..r. ......w .1 Mr^r 11 11— 1 1 ' ^/LQ@ Agenda Information Memo September 5, 1989 City Council Meeting EXTENSION OF PRELIMINARY PLAT FINAL PLAWCOUNTRY HOLLOW 2ND ADDITION R. Extension of Preliminary Plat/Final Plat for Country Hollow 2nd Addition --The City Council gave approval to the preliminary plat to Country Hollow 2nd Addition at the April 19, 1988 ;meeting. The final plat was to be processed and approved this spring, however, due the satisfactory acquisition of :an easement, processing of the final plat has been delayed. In order for Community Development to process the final plat application it is necessary for the City Council to consider extension of the preliminary plat. It was recommended by the Director of Community Development that the preliminary plat be extended for Country Hollow 2nd Addition to November 30, 1989. It is anticipated that the final plat will be presented to the City for consideration during October/November. ACTION TO HE CONSIDERED ON THIS ITEM: To approve the extension of the preliminary plat for Country Hollow 2nd Addition until November 30•, 1989. 301 Agenda Information Memo September 5, 1989 City Council Meeting FINAL PLAWOUNCREST ADDITION S. Final Plat for Buncrest.Addi•tion--All.. documents relative to the final plat, including the development agreement, have ,been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for City Council consideration. If there are reasons that the final plat should be removed from the agenda a recommendation will be made at the time the agenda is adopted for the September 5 meeting. Enclosed,on pagei Lif is a copy of the final plat as it appears for signature, and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Suncrest Addition as presented. 4(3 it 1J q l 1 Till— .;A i Ij \S ! I . ° I r± • i /oy ' '.j, RO.9 11 lTI :H,ap I K ROpf _✓•1 , 15. 00 J-SO.00 n... 1'1 '1.. S� I .`. �,\„•.v � i //O At�b-\iiJ:_. I I. -nw i ...; -41 rs L._ y .. J' � .♦d1. •J••. ` �M � a/1 A �F�I I Ic m T 9VNWO�r 00,6, •°'\:ten•>�:/ -I : s X co �D �•, X153 � -I r d 21 it 1J q l 1 Till— .;A i Ij \S ! I . ° I r± • i /oy ' '.j, RO.9 11 lTI :H,ap I K ROpf _✓•1 , 15. 00 J-SO.00 n... 1'1 '1.. S� I .`. �,\„•.v � i //O At�b-\iiJ:_. I I. -nw i ...; -41 rs L._ y .. J' � .♦d1. •J••. ` �M � a/1 A �F�I I Ic m T 9VNWO�r 00,6, •°'\:ten•>�:/ -I : s X co �D Agenda Information Memo September S. 1989, City Council Meeting CHANGE ORDER #1 TIMBERLINE & WELL ti REPAIRS T. Contract 89-040 Approve Chanage Order#1 (Timberline E Well $1 - Repairs) --The original contract provided for the removal and inspection of these two wells. The results of this evaluation indicated the need to perform the following additional improvements to the base contract: 1. Rebuild existing submersible motor for Timberline Well (Add $4,404) 2. Revise cooling unit drain line (Add $297) 3. Repair back stop for -.high service pump #3 (Add $515:.50) 4. Remetalize head shaft for Well #1 (Add $148) All costs associated with this change order will be the responsibility of the Utility Enterprise Renewal and Replacement Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change order #1 to Contract 89-04 (Timberline & well #1 - Repairs) and authorize the Mayor and City Clerk to execute all related documents. FINAL PYMT/ACCEPTANCE/WELL 813 U. Contract 89-29, Final Payment/Acceptance (Well #13) --The staff has received a, request for ,final payment along with a certification of compliance to City approved 'plans and specifications for the. development of Well #13 under the above -referenced contract. Although the alignment of this well shaft met industry standards, it did not technically meet the City's contract specifications,. Subsequently, Subsequently, on August 15, the Council approved an Addendum to the contract providing for an extended warranty for the first seven Years of this well. After reviewing all information, it is staff's recommendation that the Council approve this final payment and accept the well for perpetual maintenance subject to appropriate warranty conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final pay request for Contract 88-29 (Well #13') and authorize acceptance for perpetual maintenance subject to related warranty provisions. 4 Z Agenda Information Nemo September 5, 1989, City Council Meeting PETITION/AUTHORIZE FEASIBILITY REPT/PR CENTER V. Project 583, Receive Petition/Authorize Feasibility Report (Park Center --Streets a Utilities,) --The staff has received a petition from Federal Land Company requesting the preparation of a feasibility report for the installation of streets and utilities within the proposed Park Center Addition located in the northwest corner of Cliff Road and Cliff Lake Drive, With the petition incorporating the appropriate guarantee of costs if the .project should not be approved at the time of the public hearing, it is recommended that the Council receive this petition and authorize the preparation of said report. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 583 (Park Center - Streets & Utilities). 4,3 Agenda Information Memo September 5, 1989 City Council Meeting iBLtCBLRT1iG' A. Project 495, Final Assessment Roll - (Dallas Development 2nd - Streets & Utilities) --On August 1, the final assessment roll for the above -referenced project was presented to the City Council with a formal public hearing being scheduled for September 5. This project provided for the extension of Kennebec Drive to Silver Bell Road through the Dallas Development 2nd Addition and all related utilities. Enclosed on page -i;V is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report originally presented at the public hearing held on July 21, 1987. All notices have been 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 the final assessment roll for Project 495 (.Dallas Development 2nd' Addition - Streets & Utilities) and authorize its certification to Dakota County for collection. Z/V FINAL ASSESSMENT HEARING PROJECT NO: 495 SUBDIVISION/AREA: DALLAS DEVELOPMENT 2nd FINAL ASSESSMENT HEARING: SEPT. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. HATER RATES RATES ' Area Laterals $21.33Jff $20.7:5/ff Service $6353.03/svc. 1445/svc.. F Lat. Benefit/ Trunk STORM . C/I $.079/'sf C/Ii$.079/sf ElArca MF $.067/sf MF $.067/sf ® Lateral 19.17/FF 9R_1R/ff SANITARY ❑Area MLaterals MService �Lat. Benefit/ Trunk STREETS NUMBER OF PARCELS AFFECTED: 8 FINAL F.R. RATFS RATES e ee Gravel Base SIv. Bell & Seneca $16.60/ff $13.97./ff ®Surfacing Kenngbpr 142,241f 554.161ff r7Res. Equiv. NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $496,655.01 (F.R. $523,899.-00) TOTAL AMOUNT CITY FINANCED: $ 63,245.66 (F.R. $ 12„161.00) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC HEARING DATE: JULY 21, 1987 q Ir 87-38 A Agenda Information Memo September S. 1989, City Council Meeting FINAL ASSMT HEARING/CUTTERIS RIDGE B. Project 512R, Final Assessment Hearing (Cutter's Ridge 2nd Addition —sanitary A Storm Sewer) --On August 1, the City Council received the final assessment roll for the above -referenced project and ached led a public hearing to be held on September 5. Enclosed on page 447 is a summary tabulation of the final assessment rates associated with these storm and sanitary sewer improvements as compared to those estimated in the feasibility report presented at the original public hearing held on January 19, 1988. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO HE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roil for Project 512R (Cutter's Ridge 2nd Addition - Sanitary and Storm. Sewer) and authorize its certi-fication to the County for collection. FINAL ASSESSMENT HEARING PROJECT NO: 512R SUBDIVISION/AREA: CUTTERS R-IDGE 1ST, 2ND, 3RD 6 KINGS WOOD 2ND (-Proposed) FINAL ASSESSMENT HEARING: SEPTEMBER 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER 13 Area FINAL F. R. RATES RATES' Q Laterals $ 9,.47/11 $ 7.52/ff Service 15,104.56/ls 14,680/ls MLac. Benefit/ Trunk STORM . Area QLa reraI $2,927..75/ac $2586/ac SANITARY Area QR Laterals 13Service MLac. Benefit/ Trunk STREETS QCrave'l Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 51 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: C TOTAL AMOUNT ASSESSED: $161,656.94 TOTAL AMOUNT CITY FINANCED: MIA CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-37 PUBLIC HEARING DATE: January 19, 1988 41 FINAL F. R. RATES RATES $16`.83/ff $18,.62/ff Agenda Information Memo September 5, 19890 City Council Meeting FINAL ASSMT HEARING/GENERAL.ELECTRIC sDPPLY COMPANY C. Project 554, Final Assessment Hearing (General Electric Supply Company - Storm Sever) --On August 1, the City Council received the final assessment roll for the above -referenced project and scheduled the final assessmen public hearing to be held on September 5. Enclosed on page is a summary tabulation of the final assessment costs associated with the installation of storm sewer facilities to service the General Electric Supply Company facility recently constructed within the Eagandale Center Industrial Park along the west frontage road. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and authorize its certification to Dakota County. • FINAL ASSESSMENYt HEARING PROJECT NO: 554 SUBDIVISION/AREA: GENERAL ELECTRIC SUPPLY CO. FINAL ASSESSMENT HEARING:, SEPT. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals ❑.Service ❑,Lat. Benefit/ Trunk STORM . ❑ Area ®'Lateral NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 98 SANITARY Area Laterals Service QLat. Benefit/ Trunk STREETS Cravel Base Surfacing Miles. Equiv. FINAL I F.R. RATES RATES TOTAL AMOUNT ASSESSED: $55,016.65 (F.R. $ 72,372.00,) TOTAL AMOUNT CITY FINANCED: m CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-37 PUBLIC HEARING DATE: October 18, 1988 qc� Agenda Information Memo September S. 1989, City Council Meeting RUSTEN RD/ST IMPROVEMENTS D. Project 577, Rusten Road (Street Improvements) --In response to a petition submitted by several affected property owners, the Council authorized the preparation of a feasibility report for the upgrading of Rusten Road to City standards. This feasibility report was presented to the City Council on August 1 with the ub}ic hearing b i g scheduled for September 5. Enclosed on pages p i through 1, is a copy of that feasibility report for the Council's information and review during the public hearing presentation by City staff and related property owners' comments. All notices have been published in the legal newspaper and sent to a 11 potentially affected property owners informing them of this public hearing. As of this date, staff is not aware of any objections to .this proposed improvement. ACTION TOME CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 577 (Rusten Road —Street Improvements) So REPORT FOR RUSTEN'ROAD (from Storland Road approximately 550 L.F. North), UTILITY AND STREET IMPROVEMENTS PROJECT NO. 577 EAGAN,'MN. AUGUST, 1989 51 F�. 11111 38330 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE:. (612) 454-8100 FAX (612) 454-8363 Auqust 11, 1989 HONORABLE MAYOR AND COUNCIL CITY OF EAGAN 3830 PILOT KNOB ROAD EAGANo MN. 55122 RE: City Project No. 577 Rusten Road Utility and Street Improvements Dear Mayor and City Council: VAC ELLISON Mq THOMAS EGAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Councu Member THOMAS HEDGES City AtlmW Wv EUGENE VAN OVERBEKE coy CSA Enclosed is the feasibility report for the Rusten Road - Utility and Street Improvements. Included is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. KThael y yours., MiP. Foertsch, P.E. Assistant City Engineer Enclosures MPF/jf I hereby certify that the attached plan, specification, or report was prepared bg,,Y me or under my direct supervision and that I am a dulyr s ev1d Professional Engineer under the -laws of the State of M' neso a'�� /N Date: IF— (( —OCL Reg. No. (e 1 13 CL Sy THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer REPORT FOR RUSTEN ROAD (Storland Road North approximately 550 l.f.) Utility and Street Improvements PROJECT NO. 577 Eagan, Minnesota 1989 scope: This project provides for constructing Rusten Road approximately 550 L.F. north from Storland Road. Whispering Woods 2nd Addition and Slaters Acres abuts Rusten Road on the west side and Norvin Oaks and the proposed Thomas. G. Slater Addition abuts on,the east side. The property abutting Rusten Road is all zoned single family. Feasibility and Recommendation: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. UTILITIES: Sanitary Sewer: Sanitary sewer proposed includes reconstruction of the existing sanitary manholes and providing sanitary sewer services to parcels 010-56 and 013-51. All other property abutting 37.3 Rusten Road is presently adequately served. Proposed sewer services will connect to the existing 8" sewer main constructed in 1985 under City Project #419•. Watermain: Watermain proposed includes constructing water services to parcels 010-56 and 013-51 and lowering approximately 200 L.F. of the existing watermain. All other abutting property has previously been served from the existing 6" watermain located in Rusten Road right-of-way. This area is located in the high pressure zone and will experience static pressure in the range of 88 p.s.i. Storm Sewer: Storm sewer proposed includes constructing catch basins at the proposed low ,point in the street and connecting to the existing storm sewer system. The existing storm sewer drains from Storland Road north along Rusten Road then northeasterly along the common lot line of Lot 1 and Lot 2, Block 1, Norvin Oaks, then outlets into Pond AP -34. Pond AP -34 is a designated ponding area in the City Comprehensive Storm Sewer Plan. Street: Street construction -proposed includes constructing Rusten Road to a 28' (F -F) urban section which includes grading, aggregate base, bituminous surfacing, concrete curb and gutter and boulevard restoration. It is proposed to construct a cul-de-sac at the north end within the proposed Thomas G. Slater Addition which received preliminary plat approval in November, 1988. To date, no final plat application has been received by City staff. If this project is approved, it is recommended that no contract be awarded until this final plat is approved and recorded at the County. S(/ Assessment Area SW 4 Section 31 Parcel 013-51 Parcel 010-56 Norvin Oaks Lot 1,, Block 1 Lot 2, Block 1 Lot 3, Block 1 Whisperina.Woods - 2nd Lot 13, Block 1 Lot 14, Block 1 Lot 15, Block 1 construction Area SW 4 Section 31 Parcel 013-51 Parcel 010-56 Norvin Oaks Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Slater's Acres Lot 7, Block 1 Lot 8, Block 1 Cost Estimate: A detailed cost estimate is presented in Appendix A located at the back of this report. A summary of these costs is as follows: Item Estimated Cost A. Sanitary Sewer 858 B. Watermain 3432 C. San. Sewer and Water Services 7708 D Storm Sewer 2883 E. Street - Rusten Road 42..293. TOTAL57 174 * Includes 10% contingencies and 30B estimate for legal„ engineering, administration and bond interest. SS Assessments: Assessments are proposed to be levied against benefitting properties as shown on the attached drawings. A preliminary assessment roll is included at the back of this report in Appendix B. All costs will be revised based on final costs. These assessments will be spread over 10 years at an interest rate based on the bond sale financing this project. Services: It is proposed that the total cost of water and sanitary sewer services be assessed to the abutting lots they serve. Sanitary Sewer ,and Watermain: The costs for adjusting and reconstructing the existing sanitary sewer manholes and adjustments to the existing watermain system are considered part of the street construction cost and are proposed to be assessed to the benefitting properties on a lot equivalent basis. Storm Sewer: It is proposed that the total cost be included with the street cost and be assessed to the benefitting properties on a lot equivalent basis. Street: The total street costs are proposed to be assessed on a lot equivalent basis to the benefitting properties it serves. In summary, the costs of the sanitary sewer and.water services are assessed to the parcels and lots they serve. The costs for sanitary sewer and watermain adjustments, storm sewer, and street construction are spread on a lot equivalent basis. The following table identifies proposed lot equivalents: S( Parcel Swh Section 31 013-51 010-56 Norvin oaks Lot, 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Total # of Lot Ecuivalents 1 2 �e Revenues A portion of the anticipated costs for upgrading Rusten Road was previously allocated to Lots 13, 14 and 15, Block 1, Whispering Woods 2nd Addition. The previously assessed amount of $9,636.14 is credited to the estimated street construction cost. The revenue sources to finance the project are as follows:. Revenue Item Project Cost Sanitary Sewer. '$ 858 Watermain 3,432 Services 7,708 Previously Assess Proposed Assess -0- $ 858 -0- 3,432 -0- 7,708 Storm Sewer 2,883 -0- 21883 Balance -0- -0- Street 42.293 9..636 32,657 -0- Total $ 57,174 $ 9,636 $ 47,538 -0- It is anticipated that the total cost of the project be financed through previously levied and proposed assessments to the benefitting properties. S? Rroject,ocbedule Present Feasibility Report 8-1-89 Public Hearing 9-5-89 Approve Plans and Specs. 9-19-89 Hid Date 9-29-89 Award Contract 10-3-89 Construction Complete June, 1990 Final Assessment Hearing July, 1990 First Payment Due - Real Estate Taxes 1991 APPENDIX "All Preliminary Cost Estimate Rusten.Road (etorland Road north and including Cul-de-sac) Utility and Street Improvements Project No. 577 A. sanitary Bever 4 L.F. M.H. Reconstruct @ 100/L.F. 400.00 2 ea. Adjust M.H. @ 100 ea. 200,.00 $600.00 101 contingencies 60.00 $660.00 30% Legal, Engineering., Administration, Bond Int. 198.00 TOTAL $858.00 B. Watermain 200 L.F. Lowering Watermain @ 5.00 $1,000.00 3 ea. Hyd. Add. @ 400.00 1,200.00 2 ea. G.V. Adj. @ 100.00 200.00 $2x400.00 10% contingencies 240.00 $2,640.00 30$ Legal, Engineering, Administration, Bond. Int. 792.00 TOTAL $30432.00 s9 C. Sanitary and Water services 230 L.F: 4" PVC Sanitary Sewer Service (SDR -26) @12.00/L.,F. 3 ea. 4" Service Tap ,(incl. WYE) @100.00/ea. 3 ea. 4" Service clean-out @ 50.00/ea. 220 L.F. 1" Type "K°Copper @ 8•.00/L.F., 3 ea. 1" Corporation Stop, @ 60.00/ea. 3 ea. 1" Curb Stop & Box @ 80.00/.ea. 10% contingencies 30% Legal, Engineering, Administration, Bond Int. TOTAL D. Storm Sewer 281L.F. 12" RCP @22.00 1 ea. C.B. @ 800.00 1 ea. Reconstruct CB MH @ 600.00 TOTAL. 10% Contingencies 30% Legal, Engineering, Administration, Bond Int. 2,760.00 300.00 150.00 1,760.00 180.00 240.00 $5,390.00 539.00 $5,929.00 $1.779.00. $7,708.60 616.00 800.00 600.00 $2,016.00 20Z. 00 $2,218..00 665'. 00 $2,683.00 H. streets 1400 C.Y. Common Excavation @350.00 C.Y. $ 4,900.00 4 ea., Clear and grub trees @200.00 ea. 800.00 825 Tom Agg- Base CL.5.100% crushed @6.00/ton 4,950..00 250 Ton Bit_,. Base Course 2331 @11.00/Ton 2,750.00 130 Ton Bit. Wear Course 2341@12.00/Ton 1,560.00 22 Ton Bit. 'Material for Mixture @ 150.00/Ton 3,300.00 150 Gal. Bit.. Material for Tack Coat @1.50/gal. 225.00 1240 L.Y. Concrete Curb & Gutter (mountable) @ 6.00/L.F. 7,440.00 100 L.F. Reinforcing for Conc. C '& G @.50/L.F. 50.00 3.00 L.Y. Topsoil Borrow @ 7.00/C.Y. 2,;100.00 500 S.Y. Sod @ 1.50/S.Y. 750.00 0.50 ac. Seeding & Mulch @ 1500.00/.ac. 750.00 $29,,575.•00 10% contingencies 2.958.00 $32,533.00 3'0% Legal, Engineering, Administration; Bond Int. 9:760.00 TOTAL $42,293.00 PARCEL LOT SERVICES EQUIVALENTS NATER &SAM. SEVER COSTIEQ. COST L^ SM 1/4-S. 31 013-51 1 010>56 2 NORVIN OARS Lot 1, Block 1 1 Lot 2, flock 1 1 Lot 3, flock 1 1 AP.PENDIX'O PRELININARY ASSESSMENT. ROLL CITY PROJECT NO. 577 RUSTEN ROAD UTILI.T:Y ANDSTREETIMPROVEMENTS VATERNAIN COST/EQ. COST SANITARY SEWER COST/E0. COST f 2,569 f 2,569 f 572 f 572 $ 143 f 143 2,569 5,139 572 1,144 143 266 STREET/STORM SEVER COST/EO. COST TOTAL S 5,923 f 5,923 It 9,207 11,847 18,476 16,416 -0- -0- 572 572 143 143 5,923 5,923 6,630 -0- -0- 572 572 143 143 5,923 5,923 60630 •0• -0- 572 572 143 143 5,923 5,923 6,638. $7,708 $3,432 f 050 $35,539 *47,337 1 013-51 7 0i PROPOSED THOMAS G. SLAT'EWADD. / * 010✓56 2N I I2 qOp II M a ,2 * 13 96 * I *I 2 10 �* y + 14 I. i �5 * 9 # 15 * i 3 !* i * * * 50 O 100 — EXISTING CURB B GUTTER Boor EXISTING WATERMAIN a PROPOSED WATER --- PROPOSED CURB d GUTTER EXISTING STORM SEWER SERVICE • EXISTING SEWER SERVICE ° PROPOSED SEWER 4'4 • EXISTING SANITARY SEWER a EXISTING WATER SERVICE SERVICE city of ea an approved: : standard PUBLIC RUSTEN ROAD -14-89 plate WORKS UTILITY, STREET LOCATION DEPARTMEN CITY PROJECT N577 Agenda Information Memo September s, 1989 City Council Meeting VACATE ABANDONED COUNTY RIGHT-OF-WAY (DIFFLEY ROAD FRONTAGE ROAD -WEST OF PILOT KNOB ROAD) E. Vacate Abandoned County Right -of -Way (Diffley Road Frontage Road -West of Pilot Knob Road) --As a part of the reconstruction and upgrading of Diffley Road (County Road 30) and Pilot Knob Road (County Road 31), the intersection of these two County roads was relocated approximately 85' north of its previous location. Subsequently, a portion of the old alignment of County Road 30 west of Pilot Knob Road was abandoned and converted into a. private access road for the five existing single.family homeowners along that stretch. Enclosed on page is a copy of the proposed Excess Public Right -of -Way to be vada ed. With the abandonment of. this right-of-way by Dakota County, it falls under the jurisdiction of the City of Eagan. Subsequently, it was deemed appropriate to vacate this excess public right-of-way back to the adjacent benefitting property owners. However., along with vacating this public right-of-way, it was beneficial to assist the property owners in entering into a mutual maintenance/cross-easement agreement for the proposed private service road. The status of the private maintenance agreement will be discussed at the time of the public hearing. All notices have been published in the legal newspaper and sent to all potentially affected, property owners informing them of this public hearing. As of this date, the staff has not received any objections to the proposed vacation subject to the execution of the appropriate private maintenance/cross-easement agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the abandoned County Road 30 right-of- way for the Diffley Road frontage road - west of Pilot Knob Road and if approved, authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. r Ee 1/4 SEC.28,T2.7,..R.23 .GLT.L7.l _'. ' STATE """ y AID PARCEL r �r HIGHWAY"""' .! ... .......; 'e .............AP....:!. .;7wM01A COU � .D_. IGHT._Qf_.WAC.AIAP..... 134. s• 'W2 0 110 1 012W o�� _ _ 1�� ;- �I° • a b i-00 0�� p21- T Y rlm 00 Y P t oil 00 / a F /23''a..lyl.ab' 90+. 1184.. w la 15 II • 1• 8 11 :g 10 • = e 1 • y y 111 ! .1 L C r Z � •' q ,.ia•Iy G �1) Y . CLEMSEM0 Ojv +� p�, _ "' Right-of-way to be vacated for street purposes is described as 4r • COUR1 All of parcel 2B as shown on Dakota Count Road P Y Irl Hyl 141ry _r. LLa (County Road 30 - Diffley Road), according to the •� thereof, Dakota '• 8 1 ell ', � e.r i Mw 'rVNLL• U ♦ t W �b 0. Www. Is 14 _ S a Q b b Yr.y.w..•� Irlw �b m yrr•IY� �b b b � .8 • 'gyyb•r ��gg ryr i 11 a SIGFRID aIy STREET - •r''•'r e •77/ya. >e _:: n u. W » w w I Y . CLEMSEM0 Ojv +� p�, _ "' Right-of-way to be vacated for street purposes is described as follows: • COUR1 All of parcel 2B as shown on Dakota Count Road P Y Right -of -Way g Y Plat Ma No. 26 P ly �,,;b•r,y�. (County Road 30 - Diffley Road), according to the recorded plat thereof, Dakota '• 8 County, Minnesota. . y s 17 Is 14 Agenda Information Memo September S., 1989 City Council Meeting VACATE DRAINAGE AND UTILITY EASEMENTS (CRAY ADDITION) F. vacate Drainage and Utility Easements (Cray Addition) --With the replat of the Cray Development from the 1st to the 2nd Addition, several of the original underlying drainage and utility easements were no longer appropriate and should be vacated as shown by the map enclosed on page Adequate replacement easements have been dedicated with the - cording of the final plat for the Cray 2nd'Addition. 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 staff has not received any objections to the proposed easement vacations. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the drainage and utility easements within the Cray 1st Addition and authorize the Mayor and City Clerk to execute all related documents for recording at Dakota County. (J7 m Z-xhihit (-; EASEMENT VACATION EXHIBIT ! \ rC J \ � eo, \'r ERlllRlf B DESCRIPTION Or EASFHFIIIS l0 RE VACATED the DRAINAGE AIN UTILITY EASFMENIS and the UTILITY EASEMENTS, as donated and dedicated In the plat of CRAY 1100111011, flied In the office of 19BB, as County Recorder In and For Dakota County. Minnesota nn January 15, Ooc,annt Number 827591, and the DRAINAGE AND UI_IL11E EASEMENT filed In the office of the County Recorder In irr-d Ior NWa CO- Ey, AlaneaAte on rebluary 16 1988, as Document Number 827010, end the FORDING AND UIILIIY EASEMENI flied In the office of the County Aecorder In and 5FF 6Fali F,nnnly. Mlnnesnla on February 16, 1988 as Dr,anent Number 877011. —e—� atWn, 'r•r w zrav' wa,enu m w••r. won. � g • sumo Tore nw..•.•w.r rose M\,r � CRAY ADDITION E ) a•P �e-t ��• - --- ____ MATCH LIN E MATCH LINE •..a.°r),- S. -----°=- /- _ SEE SHEET 2 OF 3 SHEETS /SEE SHEET 2 OF 3 SHEETS\ )..''W OUTLOT w1 --_—�� •. C•'- .o OUTLOT O B .t: PROPOSED VACATION L . Se • ..8 OUTLOT F� \w 4 BLOCK� I rI ane. loot V� A K GI �I OUTLOT I ! \ rC J \ � eo, \'r ERlllRlf B DESCRIPTION Or EASFHFIIIS l0 RE VACATED the DRAINAGE AIN UTILITY EASFMENIS and the UTILITY EASEMENTS, as donated and dedicated In the plat of CRAY 1100111011, flied In the office of 19BB, as County Recorder In and For Dakota County. Minnesota nn January 15, Ooc,annt Number 827591, and the DRAINAGE AND UI_IL11E EASEMENT filed In the office of the County Recorder In irr-d Ior NWa CO- Ey, AlaneaAte on rebluary 16 1988, as Document Number 827010, end the FORDING AND UIILIIY EASEMENI flied In the office of the County Aecorder In and 5FF 6Fali F,nnnly. Mlnnesnla on February 16, 1988 as Dr,anent Number 877011. —e—� atWn, 'r•r w zrav' wa,enu m w••r. won. � g • sumo Tore nw..•.•w.r rose al\ —e --raze oa- - RIGA �i) aarz�•o'w (moi ryE rr i.n SHEET 3 OF 3 SHEETS M\,r � E ) a•P �e-t ��• 4rna''S OJ j S. OUTLOT .o OUTLOT O B . Se • 4 I rI �! A K GI �I OUTLOT I s1 it I�I U `SEE moa — • rrt rte.. ae..r,r..ns..n al\ —e --raze oa- - RIGA �i) aarz�•o'w (moi ryE rr i.n SHEET 3 OF 3 SHEETS Agenda Information Memo September 5, 1989, City Council Meeting CRAY ADDN/STORM SEWER G. Project 571, Cray Addition (Storm Sewer) --On August 1.,-a public hearing was held to discuss the proposed installation of a trunk storm sewer outlet from Pond GP -12 located within the Cole property north of Lone Oak Road recently acquired by Cray development. That public hearing was continued until August 15 at the request of Cray Addition for further review and evaluation. On August 15, the public hearing was opened and Cray stated their objection to the proposed improvement as being premature in relationship to their development schedule. They also expressed objection to the proposed assessments associated with the project. Subsequently,, the City Council continued the ,public hearing until September 5 to allow the applicant and staff to meet and review these concerns. This meeting was held on Thursday, August 31. At that meeting, the staff explained in further detail the rationale and benefits for proposing the project at this time. Subsequently, representatives of Cray indicated that they would not be pursuing their previous objections. E Council's add' conal information and review, enclosed on pages through is a copy of the feasibility report as previously presented. ACTION TO BE CONSIDERED ON THIS ITEM: .To close the public hearing, approve Project 571 (Cray Addition - Storm Sewer) and authorize the preparation of detail plans and specifications. Ue 69 Report for Cray Addition (Pond GP -12 Outlet) Trunk Storm Sewer Project No. 571 Eagan, Minnesota June 1989 File No. 4949`5 JABonestrob Rosene NEW 3. Associates Engineers IG Architects St. Caul, Minnesota JAP" Sonestroo Rosene -� Anderlik & l i 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: poo G. Bmremoo. P.E. Rahert W llso e. P.E. Joseph C. Andel k, PE. B adlord A xmoil RE, Rmhard E. Tsrnmr. P.E. James C. Olson RE, Gknn R. Cook PE. Thomas. E. Noyes. P.E. RaCen G-SdhuhichL PE. Marvin L. Sorrala, RE. Kekh A. Gordon. RE. ROvid W Romer. PE. Donald C Surgardr. RE. Jerry A Bourdon,P.E. Mark A. Hanson PE. T'W K Fidel. RE. Michael T Rawer ann. P.E. Roost R. PMlede P.E. DaviEA. LosKrna PE, Thomas W'Peterson. PE. 'Michael C. Lynch. P.E. James R. Maland. RE. Kenneth P. A rson.,PE. MOM A Bachmann FE. Will, R Rotls RE. R m C Russek.J IA. Thomas E. Argus PE. Howard A, Sanford PE, Dallo J. Edgerton., P.E. Mark A. Seip RE. Philip J Casw ll..P.E. Mdm.D Walls, RE, Thomas AndeRon., ALA. Wry F Rytandc. PE, Charles A Erickson lro'M Paeelsky Harlan M Olson Susan M EheNn. C.P.A. Transmitted herewith is our report for Cray Addition Trunk Storm Sewer. 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, ANDERLIR 6 ASSOCIATES, INC. Mark Hanson MAH:li Approve 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 !jkatg/of Minnesota. RPT49495 Mark A. Hanson e 28, 1989 Reg. No. 14260 2335 West Highway 36 is, St. Paul, Minnesota 55113 111 612-636-4600 SCOPE: This project provides for the construction of trunk storm sewer 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 -12. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the objectives established in the Com- prehensive Storm Sewer Plan. The project can best be carried out as one contract. It ;should be noted the 1984 Comprehensive Storm Sewer Plan proposed the storm sewer 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 -7, 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 sewer 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 121 and 18'" diameter storm sewer to serve as the outlet for Pond GP -12. The alignment is shown on the attached drawing. It is proposed the storm sewer 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 RPT49'495 Page 1. trunk storm sever in Lone Oak Road will connect to an existing 24' storm sever in Lone Oak Drive. The existing 24'0 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 HWL Area NWL H4i1 Area Storage Outflow Pond GP -12 35 Ac. 880 885.5 3.6 Ac. 10.9 Ac.Ft. 1 cfs COST ESTIMATESt 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 T SE 1/4, SECTION 1 CRAY ADDITION Parce1.,014-75 Outlot I Parcel 015-75 SE 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 SO years at an interest rate 'based on the bond sale financing this project. STORM SEWER: 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 drawing. The trunk area RPT49495 Page 2. 01 3 storm sewer rate is $0.056/sq.ft. which is the residential/agricultural sate. In the future,, if these parcels are developed to a higher use their trunk area storm ,sewer assessment will be upgraded at that time. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sewer ProjectCostRevenue Balance Trunk $78,250 Trunk Assessment $71,020 TOTAL $78,250 $71,020 -$7,230 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 Public Hearing Approve Plans and Specifications open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes Page 3. RPT49495 July 5, 1989 August 1, 1989 Summer 1989 Summer 1989 Fall 1989 Winter, 1990 may. 1991 APPENDIX A PRELIMINARY COST ESTIMATE CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEWER PROJECT NO., 571 Item 18'" RCP 'Storm Sever, 0'-15' deep 12" RCP Storm Sever, 15'-25' deep 12" RCP Storm Sever, 0'-15' deep Manhole v/casting Manhole depth greater than 8' deep 12" RCP Apron v/trash guard Rip rap Clear and grub trees Connect to existing MH Improved pipe foundation Mechanical trench compaction Seed v/mulch 6 fertilizer RPT49495 Unit L.F. L.F. L.F. Ea. L.F. Ea. C.Y. L.S. Ea. L.F. L.F. Ac. Total +52 Contingencies Quantity 570 690 420 5 30 1 8 1 1 200 1,680 2.0 Unit Price $ 26.00 28.00 20.00 1,000.00 80.00 600.00 50.00 800.00 500.00 2.00 1.00 1,500.00 +30Z Legal, Engrng., Admin. E Bond Interest TOTALTRUNK STORM SEWER .................... Page 4. Total Cost $14,820 19,320 8;400 5,000 2,400 600 400 800 500 . 400 1,680 3.000 $57,320 2.870 $60,,190 18.060 $78,250 0 APPENDIX B PRELIMINARY ASSESSMENT ROLL CRAY ADDITION (POND GP -12 OUTLET) TRUNK STORM SEVER PROJECT NO. 571 TRUNK AREA Parcel Total Description Area SE 1/4, SECTION 1 Parcel 014-75 1,449,660 Parcel 015-75 217,500 0 RPT49495 Assessable Credit Area Street (20x) 1,050,820 Pond (2.5 Ac.) Total Rate Assessment $0.056/s.f. $58c846 --- 217,500 0.056/s.f. 12.380 TOTAL ................. $71,020 Page 5. I OUTLOT I OUTLOT G 15"s;rORv SEW BY OTHERS PROPOSED CRAY TRUNK STORM1SEWER IT C i e 12' RCP LONE I OAK ROAD 00 0 zoo SCALE w EEEr 014-75 DRAINAGE AREA TRIBUTARY TO 18' l 24' STORM SEWER POND GP -12 NWL = 880.0 HWL = 885.5 (C.SAK No. 26) 'n' E.yln..r.4ltrcf,H.l-1. CRAY ADDITION 1 ` Roseneroc EAGAN, MINNESOTA (POND. GP -12 OUTLET) Anderlik A TRUNK STORM SEWER q VVVV �1 Associate! 51. P.aL Mlnn.wl. . DATE: JULY 89 COMM:4e4e5 PROJECT No. 571 LEGEND Trunk Assessment Area DRAINAGE BOUNDARY TRIBUTARY TO POND G NO SCALE Out lot F 1 � i \555o�G01\75 �Zlt1G� 014-75 Oudot S ND GP -12_ PO/� I NWL =88. HWL = 88 5.5 CRAY ADDITION N- &free (POND GP -12 OUTLET) Floeme TRUNK STORM SEWER mil:: PROJECT No. 571 Dote: duLr as FA[,AN MINNFCffTA Comm. 40406 ff ftb r 1 YrtlN4 Fig. 'No. 2 S. H. No 26 LONE OAK R D CRAY ADDITION N- &free (POND GP -12 OUTLET) Floeme TRUNK STORM SEWER mil:: PROJECT No. 571 Dote: duLr as FA[,AN MINNFCffTA Comm. 40406 ff ftb r 1 YrtlN4 Fig. 'No. 2 Agenda Information Memo September 3, 1989, City Council Meeting FINAL ASSMT HEARING/YANKEE DOODLE RD H. Project 427, Final Assessment Hearing (Yankee Doodle Road - Streets & Utilities) --On .August 1, the final assessment roll was presented to the City Council for consideration of scheduling a formal public hearing for the improvements associated with upgrading Yankee Doodle Road (Co ty Road '28) from T.H. 13 to Federal Drive. Enclosed on page is a tabulation of the final assessment rates with a comparison to the estimate contained in the feasibility report originally presented at the public hearing held on October 15, 1985. All notices'have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. On August 30, an informal neighborhood meeting, was held to review these assessment figures with any interested property owners. Any specific issue raised at the informational meeting that cannot be satisfactorily addressed before September 5 will be discussed at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close and approve/modify the ,final assessment roll (Yankee Doodle Road - Streets & Utilities) certification to Dakota County for collection. 1'1 the public hearing for Project 4'27 and authorize its FINAL ASSESSMENT HEARING PROJECT NO;. 427. SUBDIVISION/AREA: COUNTY ROAD 28 FINAL ASSESSMENT HEARING: SEPT,. 5, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals QService $3,585_Ri/��, t E]Lat. Benefit/ Trunk SANITARY Area Laterals C]Service r7Lat. Benefit/ Trunk FINAL F.R. RATES RATES STORK. 9% STREETS ❑X Area TOTAL AMOUNT ASSESSED: $769,087.78 Trail 11Cravei Base 11.36/ff $ 11.36/ff .061/sf .061/s ❑X Lateralc/I $19.88/ff $19:76/ff Surfacing MF SF 16.27/ff 8.67/ff 16.17/ff 8.61/ff C/I []Rea. Equiv.m 75.43/if 74.43/ff 60.92/ff 60.92/ff SF 4.34/ff 4.31/ff SF 32.45/ff 32.45/ff } 5F 16.23/ff 16.23/ff NUMBER OF PARCELS AFFECTED: 190 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $769,087.78 (F.R. $747,267.12) TOTAL AMOUNT CI -TY FINANCED: $334,135. 3.6 (F.R. $ 84,468.18) CONSTRUCTED UNDER THE FOLLOWINC CONTRACTS: County Contract #C-28-07 PUBLIC HEARINC DATE': October 15, 1985 Agenda Information Memo September 5, 1989 City Council Meeting VACATE A PORTION OF RIGHT-OF-WAY CEDARVALE BOULEVARD I. vacate a Portion of Right -of -Way - Cedarvale Boulevard - Continued to 10 -3 -89 --on August 1st, the original public hearing was opened to discuss the vacation of a portion of Cedarvale Boulevard subject to the execution of the appropriate agreement from the management corporation of the Cedarvale Shopping Center Complex. Due to the inability of the petitioner- to execute the agreement by August lst, the item was continued to the August 15th meeting wherein it was again continued to the September 5th meeting. As of this date, the staff has not received an acceptable executed copy of the Maintenance Agreement necessary for the City to give positive consideration to the vacation of this portion of public right-of-way: The applicant has suggested the item be. continued indefinitely as they cannot commit to a time frame of providing the appropriate documents. However, staff feels that an indefinite continuation creates confusion by those who may be interested in this public hearing process as well as keeping track of this matter by City staff. Therefore, staff is recommending that this item be continued until October 5th and, if not in order at that time, the public hearing should be closed and the petition denied. ACTION TO BE CONSIDERED ON THIS ITEM: To continue to October 5th the public hearing to vacate a portion of Cedarvale Boulevard. VACATE ACCESS EASEMENTS (LOTS.12 E 13, BLOCK 1, BLACRHAWR PONDS ADDITION J. Vacate Access Easement for Lots 12 6 13, Block 1, Blackhawk Pond Addition --Due to the inability of the developer to provide a development grading plan allowing physical accessibility by our maintenance vehicles;, this access easement is rendered useless. Subsequently, a petition was submitted by the developer at the August 15th meeting requesting that this easement be vacated as shown on page -- All notices were published and sent to all potentially affected utility companies informing them of this public hearing on September 5th. As of this.date, the staff has not received any objections to this vacation. The staff has already received fully executed access easements acceptable for City maintenance operations over Lot 14, Block 1 of the Blackhawk Ponds Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the access easement across Lots 12 and 13, Block 1, Blackhawk Ponds Addition and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. SO& : 1 °'g' SD rEe 'Wii,p 7Y,% Mir EASEMENT TO BE VACATED: A 15.00 foot :Easement for Ingress and ]x3r.ess pirposes over and across that part of T:ot, 12 and Lot 13, Block 1, Blackhark Pond ` "'„• -� C ,4/,@4'? _ _ --�.gg keret ` r` Lo!• /3 GF /l�.Biock L \` ? �::•}ir}:•ir:•::�:��r�.:'.":'v_:�{�i:jyriii+�'• Z I EJ/!4^etA f9rrtTEsle�N 1_ ��— nI Ile- Mir EASEMENT TO BE VACATED: A 15.00 foot :Easement for Ingress and ]x3r.ess pirposes over and across that part of T:ot, 12 and Lot 13, Block 1, Blackhark Pond Agenda Information Memo September 5, 1989 City Council Meeting VACATE DRAINAGE AND UTILITY EASEMENT PONDVIEW ADDITION R. Vacate Drainage and Utility Easement on Lot 1, Block 2, Pondview Addition --On August 15th, the City Council received a petition from the developer of the proposed Duckwood Crossing development west of Pilot Knob Road and south of Duckwood Drive requesting a public hearing to vacate a 30+ drainage and utility easement between Crestrid rive and Pilot Knob Road as shown by the map enclosed on pageAll notices were published,in the legal newspaper and sent- Co� all potentially affected utility companies informing them of this public hearing. As of this date, the staff has received comments from U.S. West Telecommunications and People Natural Gas indicating they both have existing utilities within this easement and would object_ to its vacation without commitment by the developer to assume all relocation costs to other acceptable existing easements and/or public right-of-way. Although no response has yet been received, it is thought that Dakota Electric Association may also be located within this easement and share the same concerns. On August 15th, the final plat was approved for the Duckwood Crossing development. With the developer's expressed intent to initiate this development as soon as possible, this vacation will either have to be complete or the plat recorded with its designation to be vacated at a later date. However, its present location would preclude the issuance of a building permit on Lot 2, Block 1., Duckwood Crossing until such time as the vacation public hearing process had been satisfactorily completed. The existing City storm sewer facility within this easement is being reconstructed as a part of the development's site utility improvements at no cost to the City. Therefore, it is recommended that this public hearing be continued until September 19th to allow similar arrangements to be made with other affected utilities before formally approving this vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for the vacation of drainage and utility easements within the Pondview Addition until September 19, 1989. Is ?=L;G ;',NAP, Y R',47 o,` _:JCKWOOD CROSS//VG KNOD ROAD PORTION 7D BEREDOICATED., 1 F I I 5L CK . LO` ie a k: n 4 >u 1 Y Q ,fENT TO BE VACATED LO. 7 I CRSS IDE M V= PORT/ON TO BE REDEDIC4TED I� IIS 1, z utility and Drainage Easement 4o Be Vacated All that Part of the existing 10.0 foot drainage and utility easement lying within the south 10.0 feet of i.ot 1, Block 2, Pond View according to the Plat thereof on record in the office of the Dakota County recorder. Agenda Information Memo September 5, 1989 City Council Meeting REQUEST FOR COST PARTICIPATION FAIRWAY HILLS IST AND 2ND ADDITION A. Request for Cost Participation, Fairway Hills lot and 2nd Additions - Frontage Road --At the August 1 City Council meeting a motion was approved to continue a request by Al Herrmann for City/ County financial participation for the Fairway Hills frontage road along Pilot Knob Road between Camelback Drive and Interlachen Boulevard, to allow the developer to approach the County Commissioners and present its case and to allow staff to analyze the engineering and legal issues. The City Administrator facilitated a meeting on Wednesday, August 23 with the developers Al Herrmann, Roger Derrick, their engineering representatives Bill Maurer and Ralph Wagner, representatives of Dakota County, the Director of Public Works, Assistant City Engineer and Assistant to the City Administrator. Issues that were raised at the City Council meeting were discussed in detail and for a copy of background information, the developers request and a restatement of the issues, refer to a memo prepared by Assistant to the City Administrator Hohenstein from notes that he and the City Administrator compiled during the meeting. Also included in that memo is a set of findings, analysis and conclusions that represent the issues and proceedings as recorded by the City Administrator's office. It is apparent from the issues described that the City's Engineering Department has made a substantial effort to coordinate two adjacent projects as they were being built. While it is apparent that certain frictions arose as a consequence of this effort, it does not appear that the Department's actions were in any way inappropriate, but simply were intended to bring about a timely and well-designed solution to the situation. The developer has operated under certain assumptions that approvals had been granted and acted on his own to grade and install certain improvements on the presumption that his preliminary plans were acceptable. In taking such action, the developer has exposed himself to a certain risk that the costs would not be absorbed by other parties. A detailed discussion of the issues raised and proposed findings concerning these issues are included in a memorandum pre ared by the Administrator's office which is attached on pages through 00) It outlines several courses the Council could take. They include: 1. Developer takes issue to County Board without City recommendation. I Agenda Information Memo September 5, 1989 City Council Meeting 2. Developer responsible for all costs. 3. City/County responsible for 50% of the cost of the retaining wall and guard rail only. 4. City/County responsible for 100% of the cost of the retaining wall and guard rail only. 5. City/County responsible for all or part of all costs. Additional detail and rationale for these options appears in the memo. The Council must first decide whether or not it is appropriate for the City to take a position in the County project decision or to permit County consideration without a recommenda- tion. If the Council chooses to consider a position, it is appropriate to consider one of the other options as outlined in the memorandum. The City Administrator is not recommending alternative #5 for the reasons stated in the memo. Also enclosed for your review on pages d is a copy of the cost estimates submitted by Bridlewilde Joint'Venture in this regard. The total of the costs as submitted is $36,760. ACTION TO BE CONSIDERED ON THIS ITEM: To consider a position on the developers request for City/County financial participation in certain costs for improvements and to submit such recommendation to Dakota County. M1 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: AUGUST 29, 1989 SUBJECT: FAIRWAY HILLS/PILOT KNOB ROAD ISSUES Background This memo is intended to define certain issue areas, present findings and suggest alternative approaches to the Fairway Hills/Pilot Knob Road issues raised by Bridlewilde Development and Probe Engineering. The complexity of this issue is substantial, as might be expected of a multi-million dollar county road project and developments occurring simultaneously around it. That unexpected consequences arose from such a situation is not surprising. The City and County regularly require right of way and set back dedications, financial guaranties and other means by which responsibilities are assigned and contingencies are anticipated. In this case, the developer contends that the City approved certain design features associated with the Fairway Hills service drive and that changes occurred in the County plans for Pilot Knob Road which, when coupled with the grade differentials, caused an undue hardship for the developer in completing this project. Dakota County states that the only change which occurred in this part of Pilot Knob Road between the final design approved on March 27, 1987 and construction was a modification of lane widths which resulted in the use of an additional one foot of right of way on the Fairway Hills side. The City's Engineering Department states that the service road was specifically excluded from the Fairway Hills First Addition construction with direction to the developer to make the final service road design conform with the widened Pilot Knob Road. Discussions were held with the developer, the County and the City's engineering staff both separately and jointly to attempt to define the issues in this matter. In a three hour meeting on Wednesday, August 23, the following people were present: Al Hermann and Roger Derrick of Bridlewilde, Bill Maurer and Ralph Wagner of Probe Engineering, Dave Evards and Dave Zeck of Dakota County and Tom Colbert, Mike Foertsch, you and I from the City. The nature of various approvals, designs and directions were outlined by the parties and an attempt was made to identify points of disagreement. The issues as defined in the joint meeting, the proposed findings and possible outcomes are outlined below. Developer's Request The developer is requesting that the City Council, upon review and analysis by the City Administrator, take a position in support of the developer in his appeal to the County Board for compensation. As this is a County road project, a decision can be made by the County with or without City input. If the City chooses to take a position, it would be stating that it believes certain costs to be directly related to the Pilot Knob Road project and that they are beyond the commitments and obligations of the developer in the ordinary course of completing his development. Ultimately, the County Board will determine whether such costs are a responsibility of the Pilot Knob Road project. Issues At the joint meeting of the developer, County and City representatives, the parties outlined a series of issues to be resolved. These are listed in the order in which they were raised. They are as follows: 1. The construction of Phase I of the Fairway Hills development resulted in certain utilities, namely catch basins, being installed at the end of Camelback Drive. The service road was specifically deleted from Phase I at the end of Camelback Drive. As Pilot Knob Road construction occurred and the developer began to reconsider his preliminary design for the service road, two additional catch basins were added by the developer in the field to collect runoff at a new low point. If the service road is designed to meet City standards for safety, several of these catch basins will have to be relocated. The developer requests compensation for such costs. 2. As a consequence of the final design and construction of Pilot Knob Road, the current terminus of Camelback Drive lies substantially above the County road grade. The developer submitted a plan for the service road location and connection which begins at the Camelback terminus and does not require redesign or modification of Camelback. To maintain a grade for this design, the developer indicated in his second phse plans that "a retaining wall will be constructed if necessary." In consideration of this statement, the Engineering Department approved the second phase plans with the understanding that detailed plans for the retaining wall and its relationship to the service road would be submitted prior to construction. On his own initiative, the developer installed a retaining wall similar to those constructed by the County at other locations along County road projects to support existing grades. The developer maintains that this became necessary because the County's plans for Pilot Knob Road changed from the preliminary design to the final resulting in a substantial encroachment into the grades adjacent to his project. As stated above, the County contends that the developer should have relied on the final plans and that the only change occurring after the final plan design amounted to a one foot shift. Unfortunately, the developer's service road design did not include engineering details for the retaining wall and its relationship to the service road. As Pilot Knob construction occurred, the grade differentials became apparent and the retaining wall was built without detailed plan submittal, review and approval. As a consequence., the service road as originally designed by the developer could not be built as presented. At its current location and height, this retaining wall requires the addition of a guard rail and the relocation of a part of the curve and service road to insure adequate distances from the edge of the street to the guard rail and the retaining wall. While further analysis is reserved for the appropriate section, this issue appears to be one in which a recitation of the facts requires an interpretation of both perspectives. The developer is requesting compensation for engineering costs to redesign the curve and service road to meet City standards. 3. The developer is also requesting compensation for the cost of the Ki7 retaining wall, guard rail and appropriate signage for the reasons stated above. 4. The developer is requesting design guidelines for the service road, guard rails and set backs of the City. City staff has complied with this request with respect to the guard rail and set backs. The design of the road itself remains a responsibility of the developer to be submitted in detail for staff review. 5. The developer must acquire an additional easement from a platted lot to permit any redesign of the Camelback/service road curve. The developer has already acquired this at no cost. 6. The developer asserts that one of the County's subcontractors damaged and removed approximately one hundred feet of roadway during the clearing and grubbing operation. The developer requests compensation for this item. It would appear that some or all of this material would have to be removed to accomplish a redesign as well. 7. The City states that the service road must be completed during this construction season to provide access to certain homes under construction and to prevent additional, future erosion from this site. Such erosion results in deposits at the Pilot Knob/Cliff intersection. The Engineering Department has forwarded a letter to the developer advising him of the need to complete construction of the service road by October 15. To insure this completion date, the letter also requires proof of commencement of construction by September 11. While the resolution of this issue places these dates in doubt, the developer states that such construction can be completed this year, if the matters above are resolved. Findings and Analysis Certain of the issues raised are matters of fact. Others involve interpretation of City and County policy and the application of standards of practice. Some general findings are outlined below: 1. Dakota County's final plan for Pilot Knob Road is dated March 27, 1987. The Fairway Hills First Addition plat was recorded in June, 1987. Other Fairway Hills plans were recorded still later. While various changes occurred and details were added between the preliminary County plan and the final one, the County states that the only change occurring after the final plan completion was a widening of certain lanes resulting in an additional one foot shift to the east. 2. Deletion of the service road from Fairway Hills' first phase was for the expressed purpose of requiring the development to match the ultimate Pilot Knob Road configuration. 3. Approval of the first phase of Fairway Hills extended only to the end of Camelback Drive and not through the service road curve. Approval of the service road as a part of the second phase of Fairway Hills was subject to the submission of additional detailed plans to make the service road and its connection to Camelback compatible with Pilot Knob Road. Possible deficiencies in the developer's preliminary design for the service road and curve were raised by staff during the second phase review process. These were not incorporated into the second phase design. Instead, the reference to the potential for a retaining wall was inserted. City staff agreed to this conditional design with the expressed direction that additional detailed plans would be submitted if the retaining wall were necessary. No detailed plans were submitted prior to the beginning of the current discussion. While it is particularly sharp, the curve from Camelback to the service road may have met the City's design standards if topography were no issue. Only upon review of the grade differentials and the construction of the retaining wall did it become apparent that the curve was unsafe and could not be constructed as originally designed. 4. City policy places responsibility on the developer to engineer and design connections between original and subsequent phases of projects even if such design implies the removal or relocation of previously approved utilities. S. Certain improvements - grading of the service road, installation of additional catch basins, construction of the retaining wall - were performed without official Engineering Department review and approval, but in the presence of field inspectors or other City or County personnel. While the developer may have interpreted this as official approval, it obviously did not follow ordinary channels of design review and approval, thus contributing to the circumstances surrounding this matter. Grading plans do not imply anything about road design and no engineering details were submitted for either the additional catch basins or the retaining wall. 6. In designing the service road, the developer's engineer should have placed more reliance on the final County plan. Instead, the road alignment which the developer must now redesign is substantially the same as that submitted with the original Fairway Hills plat. If the final County plans had been used, the developer could have incorporated tolerances sufficient to absorb the one foot shift resulting from the lane modifications. Incorporating the final County plans appears to have been precisely the reason that this portion of the plan was originally deleted. 7. While it is the obligation of the developer to design the service road to fit the ultimate design of Pilot Knob Road and while the developer has only received approval for the service road and the curve connecting it to Camelback Drive upon submission of additional detailed plans, the developer's preliminary plans were well enough known that a depiction of the service road appears on the County's final plan of March 27, 1987. While it was incorrect for the developer to presume any design significance from this depiction, it may have contributed to the belief that the design was acceptable and adequate. aS In considering these findings, it is apparent that the issues arise from an attempt to facilitate two projects at once. If Fairway Hills had developed substantially before Pilot Knob Road, it may have become a preexisting condition with clear implications for the road project. If Fairway Hills had been designed later, there would have been no question that the project would have to conform to the final County road designs with all costs falling to the developer. It is also apparent that the purpose of the deletion of the service road from earlier construction was to place the responsibility to make it compatible with Pilot Knob Road on the developer. It is also clear that in order to get certain things accomplished in a prompt manner, the developer made certain decisions individually and without the usual approvals. Thus costs were .incurred without any certainty that the improvements could be approved by the City or County. To this extent, the developer has created his own,exposure to certain costs. City policy is relatively straight -forward with respect to the costs of design, redesign; construction and reconstruction of public improvements, especially as it pertains to connections between phases of projects. It is clearly the developer's responsibility to ,make such connections work at his own cost. The developer asserts that retaining walls and barricades are project costs of the County at other locations along County road projects. In fact, the County did build the substantial retaining walls along the ,north side of Fairway Hills. While the purpose for these retaining may vary, walls as project costs are not without precedent. Conclusions At the joint meeting, several issues were resolved which should permit the project to proceed, contingent upon a determination of the cost issues above. The City has provided standards to the developer with respect to guard rail design and set backs from the retaining wall. Staff also indicated that the City would consider a variance to the boulevard set back on the lot or lots affected by a realigned service road. The City has already permitted the developer to design the service -road at a thirty foot width, with one section possibly shrinking to twenty-eight feet, if necessary. The developer has directed his engineer to begin detailed design work for the service road with a modified curve to connect it with Camelback'. At the same time, he will submit an as -built design for the retaining wall to be certain that it meets City standards. With the design considerations above, the developer's engineer will attempt to align the frontage road such that the retaining wall bears no direct weight from the road surface. In,general, it would appear that the design issues were resolved in concept as a result of these discussions. Final plans must still be submitted for detailed review and construction must be expedited to insure completion by the end of the construction season. The cost issues remain and possible courses of action appear below. 1. Developer takes issue to County Board without City recommendation - As the determination of County project costs lies, with the County. It could be determined that this is a matter between the developer and the County and that no City recommendation is appropriate. ch 2. Developer responsible for all costs - Because the developer was given the responsibility to match the gradelines for the County road and no substantial changes occurred from final design to construction, it could be argued that no hardship has occurred. 3. City/County responsible for 508 of the cost of the retaining wall and guard rail only - Due to the construction of homes which has occurred along the installed portion of Camelback and the grade differential between the completed Pilot Knob Road and the Camelback terminus, it could be determined that the responsibility to insure grade compatibility be shared for those improvements unique to this project and not typically part of connecting subsequent phases of projects. Such costs should be based on what the County would have paid for construction of the same improvements if they had been predetermined to be project costs. 4. City/County responsible for 1008 of the cost of the retaining wall and guard rail only - The Council may find that the existence of a plat in progress implies a sufficient preexisting condition to justify treatment of the retaining wall and guard rail as ordinary project related costs, as the term applies to other completed subdivisions. 5. City/County responsible for all or part of all costs - This finding would require the Council to determine that the City's approval of the first phase of Fairway Hills constituted an obligation on the part of the City to guarantee approvals for designs of subsequent phases. It would further require that the Council find sufficient hardship in the developer's situation to warrant such a remedy despite long standing City policies to the contrary. I do not believe it prudent to recommend this alternative. Certainly this analysis condenses a substantial amount of information. It may be that there are additional details which the developer or City or County representatives wish to present. I believe, however, that the facts pertinent to this decision have been summarized above. If you have any questions in this regard, please let me know. Ass is nt to the City Administrator Bridlewilde Joint Venture August 29, 1989 Tom Hedges City Manager City of Eagan Dear Tom, Please find, detailed below, the cost to date as well as anti- cipated cost for correcting -the service road and Camelback Drive issue as discussed kn,our morning meeting of August 23, 1989. Engineering meetings, redesign drawing to date for ,service road... .......................... ..$ 3,320:00 Drawing, engineering, site supervision, re- taining wall to date ................ 1,454.00 Retaining wall .................... 12,893.00 Estimated engineer to complete redesign ............. 1,800.00 Estimated engineer to do retaining, wall asbuilt.......... .........................,...... 400.00 Estimated rip out and replace 100 ft. of street on Camelback Drive..,............. 3,20,0.00 to il 3,500.00 Estimated remove, hall away, old curb and asphalt from 100 ft.. of Camelback Drive ..................... 700.00 Estimated moving storm sewer catch basins........... 4,800.00 Legal fees spent by Bridlewilde to obtain easement letter from Valley National Bank and represent our interest in this matter, to date, est ............... 2,333.00 Light and electric moving, estimated ................ 1,000.00 Bridlewilde project manager expenses, actual and future estimated...... ..... 2,400.00 Guard rail and install estimated....... 2,160.00 Tom, we are asking, with this letter, again, for the city of Eagan to support our petition to the County for these costs to be included in the overall assessment of the Pilot Knob Road,project. As agreed in our Wednesday morning meeting, we have postponed our August 8, 1989 meeting with the County Commissioners so as to determine the cities position in this matter.. In our meeting, as you are aware, RJ 5'35 Stone Road Mendota Heights Minnesota 55120 891-1100 ('2.) we have requested of the county through their engineer., to be placed on the next possibie,meeting after the city council has rendered their decision. Probe engineering has been given the go ahead to,start the redesign as agreed to this morning. sincerely, Rog Derrick, partner Bridlewilde Joint Venture CN Agenda Information Packet September 5, 1989 City Council Meeting KENNEALY ADDITION=PRELIM. PLAT STORM SEWER PONDING REQUIREMENTS B. Kenealy Addition -Preliminary Plat Storm Sewer Ponding Requirements --On June 6th, Mr. Dick Kennealy approached the City Council under Visitors To Be Heard requesting the City Council to take specific action regarding storm water ponding designation commitments and/or acquisition. At that time, staff informed the Council and Mr. Kennealy that specific evaluation of the needs for his property and the immediate drainage district could not be determined until an application for development of the property had been submitted. Subsequently, Mr. Kennealy made an application for preliminary plat approval for the Kennealy Addition which was reviewed by the Planning Commission at their July 25th meeting. The Planning Commission continued consideration of this preliminary plat application to their August 22nd APC meeting and requested that the City Council specifically address the ponding requirements prior to further consideration by the Planning Commission. In the interim, the City staff has met with Mr. Kennealy, his appraiser and his attorney to discuss the various ponding requirements specifically associated with his plat application. Due to the fact that these discussions were not completed in time for Council consideration prior to the August 22nd APC meeting, it has been subsequently continued to the September 26th APC meeting with a specific request by Mr. Kennealy that this item be considered by the City Council on September 5th so that he may proceed with his plat application process. Enclosed on pages - and � is a letter submitted from Mr. Kennealy's most rece attorney pecifically requesting certain conditions be met in consideration of complying with the City ponding requirements identified by staff in response to his most recent application for platting and development. The following information will provide additional clarification and background regarding this issue. 1. Grading Plan "A" of the Kennealy Addition preliminary plat incorporates 0.78 acres which is adequate to accommodate 2.6 acre feet of storage necessary to handle the increased runoff associated with the development of this property. 2. The proposed grading plan blocks existing natural overland drainage from adjacent property to the existing wetland within the Kennealy property. 3. In order to accommodate runoff from the existing natural drainage tributary area, 0.92 acres would be required to accommodate 5.6 acre feet of storage capacity necessary to handle the development of the natural drainage tributary area. 9.<' Agenda Information Packet September 5, 1989 City Council Meeting 4. The City presently is bypassing this ponding area and does not discharge any storm water onto the Kennealy property. A ponding easement does not exist for this present wetland. 5. Ultimately, approximately 14.9 acre feet of storage capacity will be required along Nicols Road south of Diffley Road to accommodate not only the Kennealy property but also other property within the drainage district as well as upstream storm water runoff through the City's trunk system. The Public Works Department and City Attorney's office have informed Mr. Kennealy of the minimum requirement to dedicate sufficient land area to accommodate 5.2 acre feet of storage capacity with a minimum elevation of 869.3 and a maximum elevation of 875.5. It is felt by staff that this dedication requirement is reasonable in consideration of development of the property and assessments previously levied for trunk area storm sewer. All in accordance to the recent amendment of Minnesota Statutes 1988, Sec. 462.358, Subd. 2b which allows City to "require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use... storm water drainage and holding areas or ponds and similar utilities and improvements." The staff feels that 11% dedication requirement for this ponding area is not unreasonable and should be placed as a condition of preliminary plat approval. In response to the specific conditions addressed in Mr. Kennealy's attorney's letter of August 23, 1989, the following responses are proposed: 1. To be addressed and reviewed at a later date as it may pertain to a particular land use application. 2. The staff recommends that this property be responsible for its normal park dedication requirements irregardless of the ponding dedication issue. 3. The staff does not have objections as long as the previously referenced elevations are also complied with. Presently, the City does not require the fencing of any ponding areas. The City should not assume the responsibility for other agency requirements. The staff does not recommend acceptance of fee title to a ponding area, especially if it is used for density calculations of development proposals. The staff recommends that the dedication of the ponding area as referenced be as a condition of plat and development approval and at no cost to the City. Agenda Information Packet September 5, 1989 City Council Meeting By defining the ponding area requirements for development of this property, we feel that the "cloud" no longer exists. The Public Works .Director and City Attorney will be happy to address any questions or issues regarding this discussion. ACTION TO BE CONSIDERED ON THIS ITEM: To determine an appropriate storm water ponding requirement for the Kennealy Addition preliminary plat application. oil EDWARD M. CHRISTIAN LOREN GROSS JAMES M. EEMPAINEN August 23, 1989 CHRISTIAN AND GROSS ATTORNEYS AT LAW C; 6609 LYNDALE AVENUE 80. lgq, MINNEAPOLIS. MINNESOTA 55430 '4Y TELEPHONE aa1-Sa3a T0: Mayor and Members of City Council City of Eagan 2830 Pilot Knob Road Eagan, MN 55122 JCean-0A.//y Qdd-Pra/.A. Pl.-t Dear Members of the Council: Patio AP -0 We represent Richard Kennealy, owner of property lying in the southeast quadrant of Diffley Road and Nichols Road in the City of Eagan. In that capacity, we have met with members of the Eagan city staff in an attempt to resolve problems which have arisen because of the city's storm sewer capacity in that area and the fact the storm sewer system was evidently designed to require that a portion of Mr. Kennealy's property be used as a ponding area for storm water. Mr. Kennealy has 595.6 feet of frontage on Nichols Road and he has been specially assessed for that street for all of that frontage at the applicable commercial rate of $90.32 per front foot. In addition, his property was subjected to a storm sewer area assessment of 3.9 cents per square foot. In the assessment for storm sewer, he was given a credit for 1.6 acres. Although his property has been committed to drainage ponding use since 1978 (see Mr. McMenomy's letter to Paul Hauge dated April 10, 1978. At that time Mr. McMenomy was Mr. Kennealy's attorney), no compensation has ever been paid to Mr. Kennealy for any ponding easement. City staff's current proposal is that Mr. Kennealy should dedicate .92 acres of his remaining 7.65 acres of land for ponding purposes. This required dedication constitutes a taking of 128 of his land, an amount in excess of the normal dedication associated with platting. In addition, he would be required to dedicate .6 acres for right-of-way for Nichols Road. However, we have not included that acreage in the above computations and leave no objection to that dedication. Mayor and Members of City Council August 23, 1989 Page 2 In an attempt to make peace with the City of Eagan and to have the ponding "cloud" on his property resolved once and for all, Mr. Kennealy is willing to dedicate the requested .92 acres (40,075 feet) to provide 5.2 acre feet of storm water storage on the following conditions: 1. Mr. Kennealy or his successors in title will always be allowed by the City to use the entire 7.65 acres for any and all density requirements. 2. The City of Eagan agrees that the .92 acres for ponding easement and the .6 acre for Nichols Road fulfill all dedication requirements for the entire 7.65 acres including, but not limited to, park dedications. 3. The landowner shall have the right to locate the pond and to grade the pond to any configuration so long as 5.2 acre feet of storage are provided. Any excess fill from the gr;ad'ing, may be used by landowner in balancing the grading on the site. 4,. In the event fencing is required by the City or any other agency, the City shall be responsible for erecting and maintaining said fence. Further, the City shall assume all responsibility arising from the maintenance of water on the property including, if deemed necessary by the landowner, acceptance of fee title to real estate eventually put into the ponding area. 5. The City of Eagan shall pay to Mr. Kennealy the sum of $20,000.00 cash in exchange for the easement granted.. These conditions are requested in order that all parties may hereafter know exactly what is requested with regard to this property. The "cloud" raised.by this indefinite ponding requirement has already caused Mr. Kennealy the loss of two sales of the subject property. He would like very much to be able to sell it for development which would be to the mutual advantage of the City and the new landowner. Until this matter is resolved, his property is unsaleable. Thank you for your consideration. .1 Yo rs^ ver tfuly, Loren Gross LG/ar CC: Richard Kennealy Ray Connelly Agenda Information Memo September 5., 1989 City Council Meeting REQUEST SPECIAL ASSESSMENT ABATEMENT STRATFORD OARS A. Request Special Assessment Abatement for Stratford Oaks --The City has received a request from Dan Dolan, representing the Eagan 40 Limited Partnership, that certain assessments against two (2) parcels referenced as the Stratford Oaks project be abated by the City Council and reconsidered with subsequent development proposals. With the approval of the Stratford Oaks final plat on September 19', 1988, the City certified to the County Auditor for collection of various assessments related to the property. Unfortunately, Dan Gustafson did not record the final plat at the County and the first installment of the assessments due and payable in 1989 is now levied against the two underlying parcels. For an additional review of the request, refer to pages through tCj1, A copy of the map and the City Attorney's memo are attached to the Finance Director's memo. ACTION TO HE CONSIDERED ON THIS ITEM•: To approve or deny a request by Dan Dolan to abate assessments that are now levied against two underlying ,parcels within the, Eagan 40 Limited Partnership and, further, that the reassessment be considered with subsequent development proposals. t 0 a MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK DATE: AUGUST 28, 1989 SUBJECT: STRATFORD OAKS ASSESSMENTS With the approval of the Stratford Oaks final plat on September 19, 1988, the City certified to the County Auditor for collection numerous assessments related to that property. Unfortunately, Dan Gustafson did not record the final plat at the County and the first installment of the assessments due and payable in 1989 is now levied against the two underlying parcels. Dan Dolan, representing the Eagan 40 Limited Partnership, is requesting that these assessments, including interest and penalties, be abated by the City Council and be reconsidered with subsequent development proposals. One of the two underlying parcels is split by Thomas Lake Road with a 2.2 acre piece being east of the road. Assessments at various levels have been proposed at various times against that 2.2 acre piece of property. However, in 1987, an appraisal was performed and agreement was reached that $35,000 was the proper amount to be levied for the 2.2 acres. In April of 1988, Mr. Dolan signed a waiver of hearing for that amount and the assessments were then certified for collection. In spite of the fact that he signed the waiver, Mr. Dolan is now requesting that those assessments be abated and recertified with subsequent development. From the City's perspective, it is unreasonable to agree on a dollar amount based on an appraisal and then not certify the amount until some point in the future when an appraisal would certainly be higher. We already have a figure determined in 1987 with the first installment due in 1989. In spite of the complications caused by the split parcel, I do not feel it would be appropriate to abate this portion of the assessments in question. In regard to the second piece (the balance of the split parcel and one additional tax parcel), Mr. Gustafson, as a condition of plat approval, signed the waiver of hearing for assessments totaling $231,163.88. That amount was also certified for collection upon approval of the Stratford Oaks final plat. Since he did not own the property when he signed the waiver and the final plat was not recorded, Mr. Gustafson cannot obligate the property for these assessments and they should be abated as requested. Attached to this memo is a quarter section map showing the 2.2 acre parcel (Waiver 220 - $35,000) and two maps showing the Stratford Oaks plat (Waiver 263 - $231,163.88). Also attached is a copy of a memo from Joe Early of the City Attorney's office recommending that the assessments related to Project 549 (the Gustafson waiver) be abated. ko \ It should be noted that no pending, assessments are currently listed on these parcels. All pending :assessments were removed upon execution of the waivers. I have suggested to Mr. Dolan that he be present at the City Council meeting on September 5 to further clarify this request as necessary.. Please let meknow if you would like to discuss this matter or if you would like any additional information. 1�w FinanERr Director/Cty'Clerk Attachments cc: Tom Colbert Jim Sheldon EJV/vmd A"lC 9�/ % • ; WAIVER OF HEARING � -3D /'� Special Assessment Authorization I/Ile hereby request and authorize the City of Eagan, MN (Dakota Co.) to assess the following described property owned by me/us: for the benefit received from the following improvementst ITEM QUANTITY RATE AMOUNT PROJECT Lump Sum Assessment' $35,000 Various 1� TOTAL $35,000 to be spread over 15 years at an annual interest rateof 9 % against any remaining, •. unpaid balances. --- The undersigned, for themselves, their heirs, executors,_administrators successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments -made pursuant to this agreement. Dated:' January 8, 1988 STATE OF ;; f I, J',, ) SS COUNTY OF ;.,,.,,-.�, •) Eagan 40 Limited Partnership - on this.�,_r'day of ( before me a Notary 'Public within and for said County, personally a pca d _X: L __ to me personally known to be the person described in and who executed the foreg"oing instrument and acknowledged that`, executed the same ash free act and deed. Public This Document Drafted By: Notary BONNIE MILVERSTEDT Hauge, Smith,, Eidc f, Kehler, P.A. pPPROVG RI,"j xolnnrvueut wasenalonce way 3908 Sibley Memorial Highway ""`"m"°°°"E'"l"Jun 12.lm Eagan, Minnesota 55122 j/J/ (612) 454-4324 Egan clic Works D rector -- Revised: 8-30-82 d. 4n7cC — itic:JC fivl c C•60✓( OH /vlr v6)i. 1ed47,1✓ SECe 28 T. 27 SW 1/4 SEC 21, T. 27, R �3 N .R23 "-n •• MI+ "-a BERNARD M. LARSON 0 kOTA CUOYMTY�YIYM. SEPT..lor? RE Ay i EXHIBIT D WAIVER OF HEARING 00263 Special Assessment Authorization I/We hereby request and authorize the City of Eagan, MN (Dakota County) to assess the following described property owned by me/us: Lot One (1), Block One (1) and Lot One (1), Block Two (2), STRATFORD OARS Addition to be assessed equally on a per lot basis. ($231,163.88 divided by 2 equals $115,181.94 per lot.) for the benefit received from the following improvements: ITEM QUANTITY Lateral Benefit from Trunk Watermain 827.43(1) (Diffley Rd) Lin.Ft. Lateral Benefit from Trunk ?'aterma-i'n Upgrade 1064.52 (Thomas Lk Rd) Lin.Ft. Storm Sewer 1,1183,912 Trunk Area Sq.Ft. Thomas Lake Road Upgrade 360 Lin.Ft. Diffley Road 902.43 Lin.Ft.(,2) PROJECT RATE AMOUNT NUMBER Wi- r/ 21.,60/F.F. $ 17,872.49 B6 /� Zb,9y0.�1 8,.50/F.F.(3) 91048.42 237 SSTK $0.07/Sq.Ft. 82,873.84 257 17�I sr 42..15/F.F.(3) 15,174.00 237 Sr 90.20/F.F. 81,399.,19 sJ422533 195. Trailway - Diffley Road and Thomas 1,907.38 TCL Lake Road Lin.Ft. (2) $13.00/F.F. 24.795944 -9-nS33 163. TOTAL S231,8,8 11 5 y (1) 150' corner lot credit given. (2) 75' corner lot credit given. (3) Difference between the single family rate and the multi -family rate. to be spread over five (15) years at an annual interest rate of 9% 3yninst any remaining unpaid balances. Ion The undersigned, for themselves, their heirs, executors, administrators, successors and assigns, hereby consent to the levy of these assessments, and further, hereby waive notice of any and all hearings necessary, and waive objections to any technical defects in any proceedings related to these assessments, and further waive the right to object to or appeal from these assessments made pursuant to this agreement. DATED: `� .A STRATFORD OAKS OF E'AGAN PARTNERSHIP lvifftf a Minnesota general partnership i i/L(!f Xy-, cX/Ci / STATE OF MINN1ESOTA ) -_� /C .-4,4 BS*Hy: ldf, I COUNTY OF Dannie H. Gustafson Its: General Part'her On this T+—ti c day of :ZX� `L4t , 1988,, before me a Notary Public withn an4 for said County, personally appeared Dannie H. Gustafson to merd`igbn'kly known, who, being by me duly sworn to be a partner of the Partnership named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said partnership and that said instrument was signed and sealed on behalf of said Partnership by said Dannie H. Gustafson and _he acknowledged said instrument to be .the free act and deed of the Partnership. SALLY 8. MEDIN WTARY KNJG • ►ONNEJO►A - - DAKOTTAA COUNTYNotary ubl is W48 1 APPROVED Eagan Public Works Director \`O(o -2- e--� 0 F* . . . . ....... 7'Z EXHIBIT STRATFORD" OAKS AREA TABULATION 150' CORNER LOT CREOIT 0 -T� . 30 N, 5AN * * * LATERAL BENEFIT FROM TRUNK WATERMAIN LATERAL BENEFIT FROM TRUNK WATERMAIN UPGRADE STORM SEWER TRUNK AREA pRost ENGINHAING INC. EXHIBIT °D" STRATFORD OAKS . AREA TABULATION lT , .IR. 1 •.U.•.0 rt. r... r• , u_ur iL . L/. �.� �• l01 . AOCII . N. �r,tl lt. •...n ,. •.,..t, tl I\. ' -- --- 75' CORNEFt LOT CREDIT s•.ue vvrr . } 1`—* iF iC1•5}wyllX K rt if* 0* ? I ��__._= r. etlr rw. un..v w.•t. 11aaa�aaal�a�a�a�aal�l' :I lwr:':'!- 1t • f : .' ! I • J •'V .•-\. �� : `. lid r � all :i 'li r� ., i/ :,• . � r..r.wvwrsr vow _:. �wJ '•/ �I �� P-� •' .J � ,r on•wv,r v.rm w.nas irl VjCWrV MAP •� 17 L'•'••••a i � ,w.ev.ran vvnaa vc,avr � If... v 1 �.i .'i',,i :: -..• •i #* � �.�.. a,vnr +sts rrnveme.m 2.. �,. .vim .. I I : IJ •- i•yyV F'fl.ir r.V.Y I mass f COMIRNr, Inc. A nF A cNFFTC ■ -+••THOMAS LAKE ROAD UPGRADE ��■ DIFFLEY ROAD - STREET MULTIPLE FAMILY :QUIVALENT +: *JTRAII.WAY - nIFF1 FY ROAD AND THOMAS L'SKE ROAD 395 P02 AUG 30 '89 08:05 MRS M'E140RAN DU'M TO: Sane VanOverbeke, Eagan Finance. Director Attorney Assis FROM: Joe Earley, tant City DATE: August 29, 1989 RE: Stratford Oaks Assessments Our File No.: 206-5501 This memorandum is to confirm our conversation of August 28, 1989. -pared for the tion Of ary A feasibility e sibilsewereinrtheaStratford Oaks devel pmenta(ProjectsNoit549). an o forward with the Subsequently, the developers decided not to g development and the utility improvements were never made. in the meantime, however., the developers had signed assessment waivers and the proposed costs of project No. 54'9 were certified against the property and sent to the County - The property is now being sold and the owners wish to have this assessment removed. I. have discusses this matter that then Jim with Sheldon and Mike Dougherty lthe u assessment should be caddnot incur thesetcostses were never installed and the City if any public improvements are made in the future, a new public hearing would be required. further questions or concerns. please contact us with any CC; Tom Hedges, Eagan city Administrator �0 1 Agenda Information Memo September 5, 1989 City Council Meeting ORDINANCE AMENDMENT/CHAPTER 11 TO ALLOW INTERIM USE PERMITS B. Ordinance Amendment, City of Eagan to Chapter 11/Zoning Ordinance to Allov for Interim Use Permits --A public hearing, was held by the Advisory Planning Commission at their last regular meeting held on August 22„ 1989 to consider a proposed amendment to the City Code Chapter 11 that allows for interim use permits. The APC is recommending approval. The interim use is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it as provided in the definition of the proposed City Code change,. For additional information on this item, refer to a copy of the memo and ordinance amendment as pented by the. ity Attorney's office and referenced as pages through . For a copy of the APC action on this item, refer to page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment to City Code Chapter 11 that allows for interim use permits. oko M E M O R A N D U M TO: Jim Sturm, City Planner FROM; Joe Earley, Assistant City Attorney DATE: August 17, 1989 RE: Interim Use Permit ordinance Our File No.: 206-7541 In the most recent legislative session, the legislature revised Minnesota Statutes 4'62.3597 to allow for interim uses of property. An interim use is defined as a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. A good example of an interim use would be the Tri -Land golf driving range. A use such as this would be an appropriate temporary use but would not be an appropriate permanent or long term use. The state statute also sets forth requirements which must be met prior to the issuance of an interim use permit. Attached for your review and comment is a,proposed amendment to the City Zoning Ordinance giving the City the ability to issue these interim use permits. It should be noted that interim use permits would not be applicable to uses which are already allowed under the current zoning ordinance as permitted or conditional uses. Please contact me with any questions or concerns regarding .this ordinance revision. JPE CC. Tom Hedges, Eagan City Administrator ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN., MINNESOTA AMENDING'RAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY ADDING SECTION 11.22 REGARDING INTERIM USE PERMITS; AND BY ADOPTING' BY REFERENCE RAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.22 to read as follows:. Section 11.22 Interim Use Permits.. Subd. 1 Definition. "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Subd. 2 Conditions. The City Council may issue interim use permits for an interim use of property if:: A. The use is not already a permitted or conditional use under the'zoning regulations. B. The date or event that will terminate the use can be identified with certainty. C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and, D. The user agrees to any conditions that the council deems appropriate for permission of the use. Subd. 3 Termination. Any interim use may be terminated by a change in zoning.regulations. 1Iz Subd. 4 Public Hearings. public hearings on the granting of interim use permits shall be in the manner provided in Minnesota Statutes Section 462.357 Subd. 3. Section 2.. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the entire City Code including "penalty for violation"" and Section 11.99 entitled "violation a misdemeanor" are hereby adopt in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This Ordinance shall take affect upon its adoption and publication according to law. ATTEST: By: E.J. VanOverbeke Its: 'Clerk Date Ordinance Adopted: CITY OF EAGAN CITY CWNCIL By: Victor L. Ellison Its: Mayor Date Ordinance Published in the Legal Newspaper: -j13 Agenda Information Memo September S. 1989, City Council Meeting DECLARATION OF DEFAULT OF DEVELOPMENT AGMT/BRITTANY 10TH ADDN C. Declaration of Default of Development Agreement (Brittany 10th Addition), --The City staff has been unsuccessful in getting the developer of the Brittany 10th Addition to comply with the conditions and schedule of the Development Agreement for the required subdivision improvement. Unfortunately, staff feels it is now necessary to proceed with a formal Declaration of Default so that this work can be performed by the City and financed through the existi financial security and Letters of' Credit. Enclosed on pages throughis a Summary Resolution and Findings of Fact as prepared by th�gineering Division and City Attorney's office. This information was forwarded to the developer informing him that this item would be placed on the September 5 Council agenda in accordance with the terms of the Development Agreement. Also, we have been contacted by contractors and their attorneys indicating concerns over nonpayment by the developer for work already performed. The staff and City Attorney have explained to these individuals that the City cannot guarantee payment for privately installed improvements as the only security the City requires is to ensure the improvements are installed in accordance with City standards. Enclosed on pages 1" through is a listing of all issues that need to be corrected and/or ompleted. City staff has received three written quotations from contractors indicating the estimated cost will range from approximately $75,000 to $82;,100. In addition to this estimated construction cost, there are additional costs continuing to be incurred by our consulting engineer, City Attorney and staff personnel in trying to resolve this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To declare Brittany Estates, Inc., in default of the Development Agreement for the Brittany 10th Addition and authorize the City staff to proceed with appropriate action. pir Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 22, 1989 Assistant City Engineer Mike Foertsch informed the Commission that staff had examined the matter and pointed out that the number of. approvals must be made prior to the project commencement. ORDINANCE AMENDMENT/CHAPTER ll/ZONING'- INTERIM USE PERMITS Chairman Pawlenty convened the public hearing regarding the proposed amendment to the Eagan City Code, Chapter ll,, by amending the zoning ordinance to allow for interim use permits. Assistant City Attorney Joe Earley introduced the item and explained the proposed amendment. Trygg moved, Miller seconded, the motion to approve the ordinance amendment to Eagan City Code, Chapter 11, by amending the zoning ordinance to allow for interim use permits,. All voted in favor. ADJOURNMENT Voracek moved, Miller seconded, the motion to adjourn the meeting of the August 22, 1989, Advisory Planning Commission.at 10:25 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission CITY OF EAGAN RESOLUTION IN RE: BRITTANY LOTH ADDITION WHEREAS, by DEVELOPMENT CONTRACT dated September 15, 1987 the CITY OF EAGAN and BRITTANY ESTATES, INC. (hereinafter referred to as "DEVELOPER") agreed that DEVELOPER would develop that subdivision known as BRITTANY 10TH ADDITION within EAGAN; and, WHEREAS, DEVELOPER's improvements in said subdivision were to be completed in 1987 and 1988; and, WHEREAS, DEVELOPER has failed and refused to complete the improvements and the subdivision and various disputes have arisen; NOW THEREFORE, EAGAN hereby makes and adopts the following FINDINGS OF FACT 1. EAGAN and DEVELOPER entered the DEVELOPMENT CONTRACT governing the BRITTANY 10TH ADDITION on the 18th day of September, 1987. 2. Pursuant to Paragraph 5 of the DEVELOPMENT CONTRACT, the following critical completion dates were specified': DATE ACTIVITY July 30,1987 Site grading including the ponding area September 30, 1987 Utilities (sanitary, water and storm sewer) November 1, 1987 Boulevardrestoration July 15, 1988 Wear course completed 3. To this date, none of the above completion dates have been complied with and none of the above specified items, among others, have been completed by the DEVELOPER. 4. On or about May 23, 1989 the City's Consulting Engineer, Bonestroo, Rosene, Anderlik & Associates, Inc., submitted a punch list and work order of defective and/or incomplete work to DEVELOPER and, to date, DEVELOPER has failed and refused to correct and/or complete those punch list/work order items. 5. By certified letter dated July 20, 1989, the City's Engineering Technician, Craig E. Knudsen, sent DEVELOPER, via Carl Tollefson, another punch list and advised DEVELOPER that the items on that list and those previously addressed in the May 23, 1989 Bonestroo punch list were still not completed. This letter further stated that as the contractually specified completion date for the subdivision was August 15, 1988, EAGAN demanded that all of the punch list and incomplete items be completed not later than August 15, 1989 or DEVELOPER would be held in default. 6. As of 5:00 p.m. on August 28, 1989 none of the incomplete or deficient items had been remedied, and DEVELOPER and/or Carl Tollefson had made no arrangements with the CITY regarding this matter. 7. At approximately 10:00 a.m. on August 29, 1989, Mr. Tollefson discussed this matter with Engineering Technician Knudsen and advised Mr. Knudsen that Erickson Contractors would go to the subdivision "next week" to finish the project and do the remedial work. B. At approximately 10:30 a.m. on August 29, 1989, Mr. Knudsen had a telephone conversation with Erickson Construction regarding its completion of the project and remedial work. In that conversation, Erickson would not confirm to Mr. Knudsen that it would, in fact, be on the job site the "next week" as previously represented to Mr. Knudsen by Mr. Tollefson. 9. In addition to the incomplete and defective improvements, under the DEVELOPMENT CONTRACT, DEVELOPER is required to maintain an escrow for the CITY's costs incurred in the Development. 10. By the Knudsen letter of July 20, 1989, DEVELOPER was advised of, and was sent an invoice for, DEVELOPER's negative balance on its escrow account in the amount of ;7;899.84. The Knudsen letter further demanded that DEVELOPER reimburse EAGAN this $7,899.84 within thirty days. 11. As of August 29, 1989, DEVELOPER has not reimbursed the CITY for its negative escrow balance. 12. Paragraph 9 of the DEVELOPMENT CONTRACT allows the CITY to place a DEVELOPER in default for a breach of the DEVELOPMENT CONTRACT. 13. As a condition to entering the DEVELOPMENT CONTRACT, the DEVELOPER was required to post a Letter of Credit with EAGAN to insure its timely, full and proper completion of its obligations under the DEVELOPMENT CONTRACT. 14. To comply with this precondition, DEVELOPER posted IRREVOCABLE LETTER OF CREDIT NO. 4513 issued by Builders Development and Finance, Inc. with EAGAN. Based upon the foregoing FINDINGS OF FACT, the City Council of the CITY OF EAGAN hereby adopts the following resolution: BE IT RESOLVED, that BRITTANY ESTATES, INC. is hereby declared to be in default of its obligations to the CITY under the DEVELOPMENT CONTRACT dated September 15, 1987; and, BE IT FURTHER RESOLVED, that the City Administrator, acting through his delegates, is hereby directed to make the appropriate arrangements and contracts for the completion and repair of the defective,and/or incomplete improvement work at the BRITTANY TENTH ADDITION and that all of the costs of such work,, (specifically including not only the direct construction costs but also all of the CITY's reasonable extra engineering, administrative and legal expenses incurred in this matter, all as authorized by Paragraph ik8 11 of the DEVELOPMENT CONTRACT) be charged against the Letter of Credit previously posted with the CITY by DEVELOPER; and, BE IT FURTHER RESOLVED, that the City Administrator, -acting through his delegates, is hereby authorized and directed to draw on said Letter of Credit to defray all of the CITY's foregoing construction costs and other expenses, all as is authorized by the subject DEVELOPMENT CONTRACT. Dated: CITY OF EAGAN ATTEST: By: E.J. VanOverbeke Its: City Clerk By: Victor L. Ellison Its: Mayor PROPOSAL FOR COMPLETION OF CONSTRUCTION BRITTANY 10TH ADDITION EA'GAN, MINNESOTA PROJECT NO. 87BB FILE NO. 4987BB SITE GRADING AND EROSION CONTROL 1 Each Excavate for pond and dispose of material off site @ DOLLARS CENTS $ /each $ 1 Each Regrade, place topsoil, seed, provide erosion control on storm sever easement to Pond.LP-6 @ DOLLARS CENTS $ /each $ 1 Each Remove debris from .area of future road 6 dispose of off site @ DOLLARS CENTS $ /each $ 1.5 Acres Provide topsoil 6 seed along boulevards where needed @ DOLLARS CENTS_$ /acre $ 1 Each Provide seeding 6 erosion control along storm sever ease- ment west from Vestminister Circle @ DOLLARS CENTS .$ /each $ LUMP SUM Clean all sanitary sever lines (3,170 ft.) @ DOLLARS CENTS LUMP SUM $ 403 Lin.ft. Televise sanitary sewer @ DOLLARS CENTS $ /lin.ft. $ 10 Hours Provide crew & equipment to excavate 6 repair sanitary sewer lines @ DOLLARS CENTS $ /hour $ 1 Each Repair storm sewer, restore yard @ DOLLARS CENTS $ /each $ 1 Each Furnish 6 install barricade @ DOLLARS CENTS '$ /each $ 20 Each Uncover curb boxes 5 place fence post next to curb box $ DOLLARS CENTS $ /each $ 6 Each Furnish E install structure markers @ DOLLARS CENTS $ /each $ Page 1. MISC ,ZC� 1 Each Clean all storm sever lines @ DOLLARS CENTS $ /each $ 1,000 Ton 2341 Bituminous wear including oil @ DOLLARS CENTS $ /ton $ 600 Gals_ Tack @ _ DOLLARS CENTS $ /gal. $ 18 Each Adjust manholes @ DOLLARS CENTS $ /each $ 8 Each Adjust gate valves @ DOLLARS CENTS $ /each. $ TOTAL SITE GRADING AND EROSION CONTROL ........ $ Respectfully submitted, (A Corporation•) (An Individual) Name of Bidder (A Partnership) By. Title Printed Name of Signer Address City, State 6 Zip Code Telephone No.. Page 2. MISC MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1, 1989 SUBJECT: INFORMATIVE AIRPORT INFORMATION Attached on pages you will find a memorandum from Assistant to the City Administrator Hohenstein concerning several recent developments in the airport relations area. The memo concerns the dramatic shift in the traffic mix toward departures for the Eagan/ Mendota Heights area in July, the schedule for the Runway Use System public hearings, information concerning a proposed permanent noise monitoring system to be installed by the MAC and the Northwest Airlines Stage III fleet mix. Please review the memo for details in these areas. Please pay special attention to the map on page A;0 which depicts the proposed noise monitor locations around the airport. If any Councilmembers feel strongly that different or additional monitor locations should be suggested to the MAC, such direction should be given to staff. LEXINGTON AVENUE RECONSTRUCTION On August 15, formal bids were received for the reconstruction of Lexington Avenue from Diffley Road to Yankee Doodle Road. The successful bidder was Enebek Construction Company who is the same contractor who performed the Pilot Knob Road, Cliff Road and Diffley Road reconstructions during the past 16 months. On August 29, a preconstruction conference was held at Dakota County. Due to the size of the project and the late start, this project will be broken into two phases. The first phase will start at the south end and continue north through the intersection with Westbury Drive. This work will be scheduled such that it will be reopened to traffic for the winter season. The second phase remainder of the project will be started early in the spring of 1990 with completion by early fall of that same year. Lexington Avenue will be closed to thru traffic south of Wescott Road starting Wednesday, September 6, with a temporary stop sign at the intersection of Wescott Road to remain in effect until the overall completion of the project. There are no signals to be installed at the present time, but provisions are being made for possible future signal installations at the intersection of Duckwood, Wescott and Northview Park Road as the future needs and warrants may dictate. 1989 SEAL COATING PROGRAM The City has recently completed its seal coating street maintenance operations for 1989. Any excess aggregate will be left on the roadway for the next 1-3 weeks to ensure maximum adhesion. After this, the City's Street Maintenance Division will proceed with its street sweeping cleanup operations which should take an additional 1-2 weeks. /S/ Thomas L. Hedges City Administrator 2 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENBTEIN DATE: AUGUST 30t 1989 SUBJECT: AIIGIIBT 22? 1989 MASAC MEETING Several items came up at the most recent MASAC meeting which probably should be shared with the Council. I. Preferential Runvay Use and Complaint Summary - Attached you'll find Runway Use and Complaint Information from July. You will note that 83% of the departures occurred to the southeast in the direction of Eagan and Mendota Heights. While the addition of 18% of the landings result in a total of only 50% of the total traffic, the 4-1 ratio, of departures to arrivals is very unusual. It was indicated that while some of this total is the consequence of strong winds and weather, the predominant reason for the shift was an independent decision by the FAA to focus on the PRS preference to Runway 11 operations. The consequence of this decision is apparent in the complaint summaries where the City of Eagan had 450 complaints, 427 of them for departures. Combined with Mendota Heights and Inver Grove Heights, the area southeast of the airport totalled over 700 complaint in July. In the past, typical summer months have resulted in between 150 and 200 complaints from Eagan and Mendota Heights respectively. While there have been occasional shifts toward departure traffic in the past, the largest shift I can recall is in June of 1988 when approximately 7.5% of the departures occurred over Eagan and Mendota Heights. Because of the FAA's insistence that it was merely following the preferential runway system, it will take several months of information to determine whether or not this is an indication of a systematic change. It is hoped that this is an anachronism and that a resumption ofmore even distributions will occur in the future. A brief review of recent years shows a slight increase in departure traffic to the southeast during the summer months with more even percentages during other parts of the year. Oddly enough, the presence of so many complaints elicited a somewhat hostile response from South Minneapolis representatives who felt that the noise impact from 83% of departures did not translate into a large number of affected people. It is very unfortunate when the Corridor continues to be a liability and residents of one of the most responsibly planned communities are expected to accept impacts for the benefit of Minneapolis. t z.3 II. Runway Use System Public Hearings - The MASAC public hearings on the Runway Use System Test will be held on two evenings, September 26 and October 3 at 6:00 p.m. These meetings will be held in High School auditoriums in Richfield and St. Paul. MASAC will then consider the issue in regular session at its October 24 meeting. Part of their recommendation will be that MAC locate its public hearing in an auditorium in Eagan or Mendota Heights. At the present time, it appears that the Runway Use System is being opposed by all Cities with the exception of Minneapolis, at least as it was flown. It is receiving strong support by the industry side of MASAC, however. III. Permanent Noise Monitoring System - MAC is pursuing the possibility of a permanent noise monitoring system which can be integrated with digital information from the tower to correlate noise events with flight tracks. Attached you will also find information from Harris Miller Miller & Hanson concerning the Airport Noise and Operations Monitoring System (ANOMS). The recommendation of the consultant calls for location of twenty monitors around the airport with two each in Eagan and Mendota Heights. One of the Eagan locations will be in the Avalon and Burnside area of Country Home Heights and the other will be located in the McKee Addition. Staff has recommended that the MAC analyze a third location farther down range, perhaps in the area of the Windtree Addition near Elrene and Wescott. Whether the airport were to add such a location or not, staff could request temporary locations of monitoring stations in various neighborhoods that would have the same capabilities of the permanent locations. A graphic depiction of the suggested locations is included within the attachment. Two additional maps show the types of tracking information which might be available through this integrated system. The system will permit the MAC, within fifteen days of an event, to compile data concerning noise exposure at a particular time and the specific flight tracks occurring in the area during the hours requested. If there are any questions concerning this item from yourself or the Council, please let me know. IV. Northwest Airlines Stage 3 Pleat Mis- At the July meeting of MASAC, a study was distributed by MAC staff which indicated that Northwest had among the lowest percentages of Stage 3 aircraft of any airline in the United States. The total was 30% Stage 3 compared to companies like American Airlines, which has 60% Stage 3. This report was exacerbated by information from South Minneapolis representatives that Northwest was taking delivery on twelve European DC -9's in the near future. No Northwest representatives were present at the July meeting to respond to these issues. lz4 On Tuesday evening, Ben Griggs, a Northwest Airlines Vice President, explained the reason for the low Stage 3 percentage and outlined the company plans for fleet replacement. He stated that before the merger, Northwest Airlines had a very large percentage of Stage 3 aircraft due to their purchase of quiet generation DC -10's and 747's for their international routes. After the merger, the company acquired the smaller, noisier Republic DC -9 fleet which services the domestic portion of their routes. To illustrate, Griggs stated that while only 30% of the aircraft may be Stage 3, that equates to 48% of their seats being on Stage 3 aircraft. He further stated that as a mid-continent hub, Minneapolis/St. Paul will tend to attract smaller, short -haul aircraft than will coastal airports where a larger percentage of the traffic is international, requiring larger planes. Despite, he states that Northwest intends to aggressively replace its 727's and DC -91s as aircraft become available. The availability of Stage 3 aircraft is one of the reasons for the lease of the European DC -9's. Griggs stated that the European planes were being leased for seven years to bridge the gap between current demand and the availability of new planes. He pointed out that airplane manufacturers rarely, if ever, have excess inventories and simply build to meet demand. Right now, all domestic airlines and many international airlines are competing to acquire the newer, quieter, more efficient aircraft. Griggs stated that Northwest currently has a firm order for options on 150 Stage 3 aircraft to be delivered over the next eight years. This is roughly evenly split between firm orders and additional options. while airplanes will be delivered throughout the period, the largest additions to the fleet will occur between 1992 and 1994. In addition, Northwest will begin to replace its smaller DC -9 fleet with approximately 180 smaller Stage 3 aircraft. These will begin to enter the fleet in 1993 and will continue to be added through the year 2000. Beginning in 1992, Northwest will begin releasing its 727 aircraft and have them completely phased out of the fleet by 1997. It will release the DC -91s as replacement aircraft become available between 1994 and the year 2000. This effort will retire approximately 142 short and medium -haul noisy aircraft. Griggs states that this will result in its fleet being approximately 62% Stage 3 by 1995 and 83% Stage 3 by the year 2000 with 100% Stage 3 integration in approximately 2007. Griggs reiterated new owner Al Checchi's plan to enhance the fleet even further. In fact, the recently signed agreement with Northwest pilots links additional jobs with the addition of airplanes. Hopefully, these additional planes will take the form of additional Stage 3 orders rather than extending the life of the older, noisier aircraft. Finally, Griggs stated that the additional Stage 3 aircraft will tend to congregate at Minneapolis/St. Paul due to the high percentage of origination and destination traffic that occurs here. Such traffic, when combined with the hubbing traffic, forces the scheduling of larger aircraft which in the Northwest fleet tend to be newer and quieter. I realize this is a great deal of information, so you should feel free to pass on whatever is appropriate to the Council, but I felt that each of these items at least merit some attention from them. As stant to the C y Administrator Attachments JH/vmd l 2to NOISE COMPLAINT SUMMARY 1988 1989 Hold -Chamberlain 3245 Run -ups; 2 Miscellaneous 29 7MAL 3276 1989 General Aviation wold-Chamberlain 1903 Run -ups 4 Secondaries: Air Freight Airlake 0 Anoka 4 Crystal 2 Plying Claud 8 Lake Elmo 0 St. Paul 16 TUML 1937 Jc u Croeet " ti 12.78 & 74.68 494 FISP Ftt*mY USAGE imy 1989 Minnesota River KEY Approx. I of Scheduled oix-rat ions (carriers arm Comniters 1988 / 1989 Air Carrier 677 635V Cmmuter (3rd 181 184 level) General Aviation 202 139 Military 13 15 Air Freight 54 49 70T11L 1072 1022 (Average Daily Operations) Jc u Croeet " ti 12.78 & 74.68 494 FISP Ftt*mY USAGE imy 1989 Minnesota River KEY Approx. I of Scheduled oix-rat ions (carriers arm Comniters JULY 1989 City (Landing and Takeoff) and Time of Day 0600 City. Landing —U— Takeoff —� p e Valley 286 1600 Bloanington 12 19 Burnsville 0 7 Co an q 1, 23 Prairie 0 Edina .12 13 Fridley 0 1 Golden valley 1 1 Inver Grove Heights 2 38 Lauderdale 1 0 Maplewood 0 Mendota Heights 11 219 Minneapolis 439 Minnetonka 4 1 Montganery 0 1 Plymouth 4 1 Richfield 6 71 Roseville 0 2 Shoreview 0 1 South St. Paul 0 4 St. Louis Park 24 3 St. Paul 31 41v, Sun Fish Lake 0 3 West St. Paul 0 1 7CaAL 571 1332 Time of Day Time Number 2400 - 0559 60 0600 - 1159 682 1200 - 1559 286 1600 - 1959 428 2000 - 2359 481 RC7m 1937 111H 1111'1; thug m �o E'etl MINUTES OF RV4ULAR MEETIM.0 OF THE EAGAN:�:41-1-!rY COUNdi EAGA14'J-':'Jd*k6 &-i AUGUST 1'5":`198 9 A regular meeting of the Eagan City Council was held on Tuesday, August 15, 1989, at the-K-49an-Nunicipal Center. Present UtCter, Egan, Gustafson and were Mayor Ellison and Councl*-J-*:Xiii��zz McCrea. Also present were City Admi :` 'd :i Tom Hedges, Public Works Director Tom Colbert, Community Devii:6pment Director Dale Runkle and City Attorney Michael Do."hertyi.i.i. ... . . . . . .. City Administrator TOM Hedges recommended pulling the Seneca Plant Addition final plat from the Consent Agenda and the Administrative Agenda and having the matter heard as a separate item. He also informed the Council that Independent School District No. 196 requested a permit fd . i,:::.fQotings and foundation for the Pinewood School. Mr. Hedges teo... drdiritnded adding the matter to the agenda. McCrea moved, Wachter second6d,.th.4:.::''''ion to approve the agenda as amended. All voted MINUTES August 1, 1989. Mayor Ellison requested the following revisions: 1. Page 1, paragraph Ellison" with "Public Works Director Tom Col b'eft . 2. Page 14, regarding the Sen-O.ca Was water Treatment motion, the motion should be at the'.i*ti..:d ot:�ll discussion. 3. Page 20, regarding the multi-farr i i iy housing revenue bonds/Forest Ridge Apartment Project, the addition of the conditions to the motion as follows: Restrain the exterior of all buildings. Replace or repair Duckwood. 3. Bring property up the City of Eagan. Install lawn irrigation system. on Denmark and standards for Page 2/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Gustafson saquested a:phange on page 12, paragraph 3, the first sentenCe::;:should.r4iil "Mike Corbet, 2125 Wuthering Heights, had concernsown well going dry." He also requested a change''oh-:-:page 14, paragraph 3, the second sentence should read "The applicant responded the time frame was between 3 and 12 months." Egan moved, Wachter seconded,.. -.;.the motion to approve the minutes for the August 1, 198:::.8gilciciiiiil Meeting as amended. All voted in favor. July 27, 1989. Egan moved, Walter s®cgnded, the motion to approve the minutes for the July, 2:'x;:,989 :special Council Meeting as presented. All voted in favpr;;:; PARKS AND RECREATION DEPARTMENT/CLEAN WATER PARTNERSHIP GRANT APPLICATION City Administrator Tom Hedges introduced the matter to the Council. Parks and Recreation;;pirector Ken Vraa informed the Council the first phase was for:::;d'tagnostic purposes only. Councilmember Wachter asked how 16i(1: -:the- .study would take. Mr. Vraa responded it would take two:year9:f6r'the study. Wachter questioned if the study would be:?'orthwhj1:.::or if education would be better. Mr. Vraa reported that:;::tiir^:::Sttidy would pinpoint the source of contaminants. Counc:i:ltiieist6er 'McCrea felt it was a worthwhile issue and asked hotir.-the' City would match funds. Mr. Vraa responded that 25% of the funds would be a hard match and 25% would be a soft match. Councilmember Gustafson had concerns regarding the dollar amount and the cost of the project. He asked how the $40,000.00 to $50,000.00 figure was computed. Mr. Vraa pointed out it was an estimated::;quess.:....Co4ncilmember Egan felt the cost seemed quite high. Ther4:-:.;r :; i th r::; scussion regarding the study. Councilmember Gustafson remarket3:thaC:the item before the Council was for authorizing the appl catiq}�::for the grant only. Councilmember McCrea encouraged corporate:cttizens to contribute. Egan moved, Gustafson seconded, the motion to approve a' resolution that will allow the City to proceed with the Clean Water Partnership Grant application for the MPCA:•Clean Water Partnership Phase One Project Development &ant for Schwanz Lake. All voted in favor. Page 3/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 PARKS::::W RECREAT.7flN DEPARTMENT} AiiP,}CINGTON./W-!P- 'LEY ATHLETIC CCJ�lP`.Ii:::;A'CATION City Administrator Tom Hedges updated the Council on the matter. Parks and Recreation Director Ken Vraa pointed out the approval would be for a preliminary submittal only. Wachter moved, Egan secoii4j 1 >Li;e gt Qn to approve the adoption of a resolution that prove s" bot3i: and intent and public awareness that the City of Eagan ..kequegting consideration by the State Department of Trade and Economic Deve:iopment to become an applicant for an outdoor recreation:?:grant.:::application for the Lexington/Diffley athletic cin favor. PARKS AND RECREATION DEPARTMENT/TREE ORDINANCE Councilmember Wachter asked for an update regarding the Tree Ordinance. Parks and Recreation Director Ken Vraa stated there were many aspects to consider -;;::but that the matter was progressing. ISD NO. 19'6';?. foQ.A.,._SCHOOL City Administrator Tom Hedges infarmea-:the Council that Independent School District No. Je.,oregub9ted a footings and foundation permit for the Pinewt0.g.:Sclool. He explained that the District was looking at a fa 1:::bf 1990 opening for the school. He pointed out that the final plat was scheduled for the September 5, 1989 City Council Meeting. Eric Linner (Wold & Associates) was available at the meeting for questions. He reparted...tv...the;:.Council that the District was negotiating the easement;:ggttSkts?l$:`:: Egan moved, Wachter seconded, fhe' motion to approve a footings and foundation permit for Independei..hgal District No. 196 for the Pinewood School. All voted in faaQr. DEPARTMENT HEAD BUSINESS Fire Chief Southorn informed the Council that the aerial fire truck had been damaged and that the cast for the damage would be assessed next week. Councilmember McCrea stat re at the model home created a problem because the;'r"'V F�7Ks:::i3G::Eise hydrants. She suggested no further approvals for model home permits without the availability of fire hydrants. Page VEAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 1. Streets/Equipment Maintenance Worker. It was recommended to approve the hiring of Jeffrey Tupy as a street/equipment worker subject to successful completion of the examination requirement. 2. Receptionist/Eagan Munic�-i l Center. The council was of the person hired as the receptionist is Kimberly 3. Temporary Receptionist/Eagan municipal Center. The Council was informed that the City Administrator approved the hiring of Karen Hangebraulzk.as a temporary receptionist. 4. Seasonal Park The Council was informed they the.,:'''':;Administrator (as .V' td ::AA-iing of the following L.::::., authorized by the Council) appro.:, ' persons as seasonal park mairktle'--.n'in"p't'"w'orkers for the remainder of the summer/fall season: Chrid�` e'r Erickson, Robert Ko, Sean Quinn and Joseph Tracy. B. License On -Sale Beer for Pizza Hut, 2130 Cliff Road. It was recommended to contint4c:to:.:.thp,:.:4September 5, 1989 City W""' Council Meeting the non- intox!:'O�ng..,... . 't'-, I"Iquor license for Donald Naderman for the new Pizza Hut 13..O...Cliff Road, to allow the Police Department to complete it0:bacX#aund investigation. C. Plumber's Licenses. It was recommended to approve the five plumber's licenses as presented. D. Lic t. John 9—eun It was recommendedto non -intoxicating . M ' ' malt liquor license for St. J6 'L-%'rch for a church social on September 16, 1989. E. Resignation of Wayne Sames Recreation Commission. Page 5/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to acmpt the resignation of Wayne Sames as a member of the Advisory Pa k;S, and ReCE ition Commission effective immediately. F. Resicmations of William Lesiecki from Airport It was recommended to accept,. Lesiecki as a member of the A;tO. direct the City Administratoi'to"a seeking candidates to fill the une Relations Committee created by the Lesiecki. G. tion of William Committee and a local newspaper on the Airport n of William It was recommended to approve the final plat for Cray Second Addition as presented. H. Final Plat for Duckwood Crossing. It was recommended to approt1ie: final plat for Duckwood Crossing as presented. I. Final Plat for Kingswod.4 Fotut Addition. City Administrator Tomiidges informed the Council that this item should be continued to the September 5, 1989 City Council Meeting. It was recommended to continue the final plat for Kingswood Fourth Addition to the Septenib.cr•.:5,,.,,1.9.89,..City Council Meeting. J. Final Plat for Cliff It was recommended to approve tie fiiig. plat for Cliff Ridge as presented. K. Receive Bids/Award Contract for Fire Department Councilmember Wachter questioned if the refurbishment was in the budget. City Administrator Tom HedgesOinted out that the matter had been dealt with at the previoud:;council Meeting. It was recommended to aw4t..d; Mi ;::COtktr:4 t for the refurbishment and upgrading of one 1980 LS 9000 Ford General Safety Equipment Combination Pump Pumper Fire Truck to Custiciii Fire Apparatus, Inc. in the amount of $41,980.00. Page 6/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 L. It was recommended to receiV&::;Efid"final assessment roll for delinquent weed cutting bills and schedule the public hearing for September 19, 1989. M. Receive Assessment It was recommended to receive -the finAl assessment roll for delinquent utility bills and schedule the: .:public hearing for September 19, 1989. ....... ... N. Vacate Utility Easefddht, ReddiVe Petition/order Public It was recommended to receive the Petition to vacate utility easements within the Cray Addition and schedule the public hearing to be held on Septembez.5, 1989. O. Vacate Utility Easemeft...':::1kd0'a9ve Petition/order Public Hearing (Lot 1, Block 2, Sunset F3.rst'Addition)_. ... ......... .... . It was recommended to recei-400.::the . :�Re_tition to vacate a portion of a drainage and utility easeoi'�'l 1, Block 2, Sunset First Addition) and schedule a publ.i;6 bearing to be held on September 19, 1989. P. Contract 88-29, Approve Addendum (Well No. 13, Warranty Extension). Councilmember Wachter as would be depreciated in seven years. Bob Rosene (Bonestrqo) responded that the well would not be depreciated in seven yqgrs. It was recommended to approve die Add um to Contract 88-29 (Well No. 13 - Warranty Extension) and autMrize the Mayor and City Clerk to execute all related documents. Q. tion Public Works Director Tom Colbert inf6'r"med the Council that an error in the bids had been discovdt:*A ' :-"d-'-:t-hat Ceca was now the lowest bidder in the amount It was recommended to receive the bid'R"':::for Contract 8'9-16 (Stern Addition, Coventry Pass and Country Hollow Second Addition) and award the contract to Ceca Utilities in the amount of $575,388.35. Page 7/KAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 R. It was recommended to apprdVd.-"--_*tb'e':::tlans for Contract 89-08 (Well Nos. 14 and 15 - Pump House and Facilities) and authorize the advertisement for bid opening to be held at 11:30 a.m. Wednesday, September 13, 1989. It was recommended to receive.Oe feap�bility report for Project 581 (Hills of Stonebridge.--ft'cond :A&ition - Trunk Utilities) and schedule a pub be held on September 19, 1989. T. Don Warkentien had concerns regarding the wash out on the property. He requested the the ditch and the sloping on the right-of-way. Public Works 'D :re:c-tQr-...Tom Colbert remarked that " ' ' "ber he was unaware of the problem. Councilme:m " Wachter stated the problem had been going on for 25:: - ears.....public Works Director Colbert stated he felt the correiztx-m.q-:gr06iem was beyond the scope of the street improvement and the cost would be allocated. He pointed outdrainage would be intercepted. Councilmember Wachter pointed . out it was caused by the roads. Mr. Warkentien stated he felt the City was responsible. There was further discussion regarding corrective procedures. Councilmember Egan suggested continuing the item. Public Works Director Colbert pointed out that the construot..�on....ae.aw.n....�tg s short and that the public right-of-way was' :U.xed. He recommended the project continuing as planned and de..Adin"'g... :W-ith the remainder later. It was recommended to approve the pldii;p for Contract 89-18 (Lexington Way - Street and Water Main) a"::authorize the advertisement for bid a opening to be held:'it 11:15 a.m. Wednesday, September 13, 1989. U. It was recommended to approve the fih&l payment for Improvement Contract 88-07 ..... end,:Slater's Acres ......the amount of Park) to Central Landscaping VA 7 - 1 fig - 70. Page 8/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to receive the fiftl assessment roll for Project 528 (Eagandale Center:1-'&u-1:J&rk 9th Addition - Streets and Utilities) and sche4-14 ::;a:: #blic hearing to be held on September 19, 1989. W. Contract 88 -EE, Final Acceptance (Town Centre Seventy 10 Addition - Storm Sewer). Ac It was recommended to appigve::C4i1:::88-EE (Town Centre 70 10th Addition - Storm Sewer) and:�ccept:::the improvements for perpetual City maintenance subject'to appropriate warranty provisions. X. Contact 88 -TT It was recommended to approve Contract 88 -TT (National Computer Service - Storm Sewer and Water Main) for final acceptance and perpetual maintenance, subject to appropriate warranty provision. Y. Final Plat, Seneca Plant 7Cdflitign. Mayor Ellison requested this: item;.;be:::i?ulled from the Consent Agenda. McCrea moved, Egan seconde?I,''the motion to approve the Consent Agenda items as amended, and authorize their implementation. All voted in favor. SENECA PLANT ADDITION/FINAL PLAT City Administrator Tom Hedge&:::upd8tdd:`.the Council regarding the matter. Councilmember McCrea had;:reservations regarding the approval of the agreement since they vere:hot executed. Councilmember Egan had similar concerns arid -::.stated that the agreement could be altered. Communitiy Deve9tpment Director Dale Runkle suggested the Council approve the final plat contingent upon the agreements being executed and unaltered. Councilmember Egan had concerns regarding published notice. Mr. Runkle reported that he had called the neighbors personally to notify them of the agenda item. Councilmember McCrea asked if agreeme$ts had been modified in the past. Mr. Runkle responded::;yed:::::KcC)tda;:;:Stated the agreements should be reviewed before apprritra[1 ::::Cty-:4- iuinistrator Tom Hedges explained to the Council that there was a..,deadline of August 30, 1989 for the MWCC. Bob Isaacson (MWCC) stated that the August 30, 1989 date was in the Consent Decree. He stated there was a need to have the Page 9/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 building permits available. lb6::xeported that the item was passed on the Consent Agenda and executiA:*:':a5 submtikt6d. Mayor Ellison indicated that'-'the:-:-Aqency was In a monetary bind. City Attorney Mike Dougherty emphasized that the matter could be conditionally approved. Councilmember Egan commented that there was a credibility gap between the MWCC and the City. He did not want to cut corners and felt tb.e..:.matter..shou.ld not be approved without adequate safeguards. Betty Basset observed that thd1hatteti.-ishould not have been a Consent Agenda item. She pointed.:*t;t that::all of the neighbors could not be present at the.por anted that the plant was pumping 4,000,000and requested an 'y environmental impact study. Shd*had p6ll'-dtion concerns and explained that the Federal suit was still pending. She emphasized that the plat should not be approved. Public Works Director Tom Colbert explained that the dewatering was dealt with in::.the.' final plat Development ....... �:Dlxector Dale Runkle reported that Agreement. Community Developmftt� ........ the MPCA dealt with the EIS. . . .... Al Ehrans remarked that the:;:'-X'Aeter4mq:�:� station and lift ... . .......*tht-. station were under budgeted and that:�:-'plant plans were being changed. He opposed final plap::::.aigp;r-bv-al and had concerns regarding the dewatering. John Wesley, 1747 Blue Bill, stated that the City should not turn its back on the environment concerns and felt it would be improper approval because the documents were not executed. Councilmember Wachter qdest:b&&-:::t ::alternatives in the matter. City Administrator Tom Hedg".repljed that the Council could either: 1. Approve the plat subject tc doc="""e"nt review, 2. Continue the matter to the August 30, 1989 Special Council Meeting, or 3. Consider a footings and foundat�9.4 permit. He recapped his discussions with Mr.:'V'bss regarding third party agreements. erred option 2. Mr. Isaacson stated he felt it wouu.s ..M66t'1h6::-need . Councilmember Egan still had concerns regarding the dewatering and other issues. Page 10/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, Egan secopcled, the mgtion to continue the final plat for the Seneca Plant Addition to th-4�:bugust 30, 1989 Special Council Meeting. All voted in City Administrator Tom Hedges recommended the third party concept regarding Seneca negotiations. He stated that consultants could be hired and that MWCC would participate in the cost. He asked for direction to staff to.pursue a third party consultant. He mentioned that Becky Comstock:::66.'i be::: ?O sibility. Councilmember Egan reported tkiat„tle::o32azs were allocated in the agreement. Gustafson moved, Wachter second, txi: motion to direct staff to proceed with the selection::::df;: �:: to :irk:; $arty consultant regarding the Seneca Plant, with MWCC paft�icipat ag is the cost. All voted in favor. PROJECT 571/CRAY ADDITION/STORM SEWER Mark Hanson, (Bonestroo}:;presented the project report. He explained that the outlet for::::fhe:;:.pond was debated at staff level. He recommended the building of t2ia:;:;o#tlot. Ron Zamansky (Cray) introdudtd the..;Cr;tk Research team. He explained that Cray Research .� .. nesting the project and disagreed with the staff r.Qpak:ge reminded staff that the studies had not been received::;:an"that the project was not necessary. Bob Wiegert (BRW/with Cray) emphasized that the storm sewer outlet was not necessary at the present time. He outlined the drainage boundary and stated J t..would::not-be needed until the roadway improvements. He desc�:::£te:: features. Councilmember Egan commented tfsat ult-I-Mately the whole area would be developed and Cray ResearA::: vould:;::benefit. Mr. Braman declared that the outlet was needed,,::: udt at the present time. Public Works Director Tom Colbert explaindd::.that the City was trying to anticipate growth and felt it was prudent to anticipate problems. Mr. Zamansky stated that the Kohl parcel had not been platted. He urged delay until the plattincj::cf the Kohl Parcel. Mayor Ellison felt the storm sewer should:bye installed at the present time. Councilmember 8g.,4Ln;;;agreed,,..::Eouncilmember Wachter felt that it was feasible to insta3:3::;:the::;:aa .Y<avefient next year. Egan pointed out that Cray was aggressive in.development. Mr. Zamamsky reiterated that Cray had not see4:::the Lone Oak reports. Page ll/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Gustafson 4$)ced for ttpk.:::completion date of the project. Mark Hanson reported'7�.Xbat the ,qft—letion date was expected in either late fall o;;sgzng. There was further discussion regarding the timing oi`::Kh"e pioject. Mr. Zamansky pointed out that the Cray Parcel would not be the sole beneficiary of the project. Egan moved, Wachtersecoie<tY2ciQtOn to close the public hearing and continue Project 571''('Ctay'A�Aion -Storm Sewer) to the September 5, 1989 City Council meeting:: Page 12/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, McCrea ski.�3nded, the.:M.Otion to close the public hearing and approve the final:"";s.essment�ibll for Project 349 (Blue Gentian Road - Streets and StoM''::*0' '.3.... authorize its certification to the County for 6611'e'a""fion. All voted in favor. PROJECT 427/FINAL ASSESSMENT HEARING/YANKEE DOODLE ROAD/STREET AND UTILITIES Egan moved, Gustafson public hearing for Project Utilities) to the September p.m. All voted in favor. PROJECT 564/RAHNCLIFF ........... ... to continue the ........ 427. jYaWOe6bo' e Road - Streets and 5, 1989:':'tity edtincil Meeting at 7:00 ISTREET IMPROVEMENTS Jim Eulberg (SEH) presented the improvement report and explained the proposed assessments. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 5.-6-4....(Rahncliff Second Addition - Street Improvements). All votfavor. CEDARVALE BOULEVARD/PUBLIC RI=t"OF WAY VACATION Gustafson moved, Wachter seddA,,;do . d:,:::-:tbe motion to continue the public hearing for vacation a '. ton ion of public right-of-way, of Cedarvale Boulevard to the Sq'-Pi;i�er 5, 1989 City Council Meeting. All voted in favor. PARK CENTER ADDITION City Administrator Tom Council regarding the matter. He stated that th hbusi-- ...... e: had been acquired and other agreements had been satisfiedi.::-CommuAity Development Director Dale Runkle updated the Council on t'hb pr6bosal and the various documents. City Attorney Mike Dougeritiy poied out that the resolution regarding the ComprehensiVe GuiAii Plan Amendment had been prepared. .... Mayor Ellison asked for the location of the outlot. Mr. Runkle stated it was a City site. Mayor Ellison asked if staff had been in contact with the County regarding the road...upgrade. Public Works Direct Tom Colbert pointed out that it was'::,:tlot in the five year plan. ...... .. .... Martin Colon (Federal Laad:J::::.wAr. . !:::.t VA -i . liable at the meeting for questions. Councilmember Wachter asked if the matter regarding the storm water storage had been solved. Mr. Runkle responded yes. Mr. Dougherty pointed out that the litigation had been dismissed. Page 13/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Egan moved, Gustafson seftnded, the motion to approve the Comprehensive Guide Plan Amen&iiat, reso1%!t2:on, changing the land use designation from D -III to C 3::a :re' sted by the Federal Land Company for the Park Center'ABd :Mn. All voted in favor. Egan moved, McCrea seconded, the motion to approve a rezoning from agricultural to planned development as requested by Federal Land Company for the Park Cente-r..:.Addit.toTl•.:•:A11 voted in favor. Egan moved, Gustafson seconded:Ft}ie inysioa to approve a preliminary plat consisting of four''Iots a"id two outlots for the Park Center Addition as requested bry;Fede=a', Land Company, subject to the following conditions: 1. These standard conditions of::pl'at 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 and G1. 2. A Planned Development Agreement shall be entered into for a time specified by the City:Council. 3. A determination for the efdet3x.housing site shall be made either on this site or on another ;,ovation. 4. A Pylon Sign Agreement:s#3g t;::he'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 alongte'''eSt:''e3''d# the strip center shall be removed. 8. Special emphasis will be ced'oh 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 conptructed of the same materials. 11. Berming shall be prsarzded:ddtig::t1e 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. Page 14/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 13. The development is t.;*quired to X.Kovide 4.0 acre feet of wet pond storage volume below-::tlze.,.propoaet%: normal water level for Pond AP -50. All voted in favor . Egan moved, Gustafson seconded, the motion to approve a conditional use permit for pyjp4.;signs."located along the north side of Cliff Road/Park Center Add t'a:a '>::....m. sted by Federal Land Company. All voted in favor. Egan moved, Gustafson seconded:;z.the motion to approve the Settlement Agreement as presented::tOgardiiig the Park Center Addition ( Federal Land Company):: ?. -V attic ::>in favor. AMENDMENT/DANGEROUS WEAPONS City Administrator Tom Hedges introduced the matter to the Council. Police Chief Geagan referenced the hunting complaints near residential areas. He pointed out that there are rare locations within the communitj:::::t.a:-hunt. Councilmember McCrea urged the implementation of the ordinan84;:::46gl,ice Chief Geagan informed the Council that the DNR questioned tht-x enefit of hunting for the City of Eagan. Councilmember:tgan.Xemarked that the shot falling on the cars brought the gig efa::t.a'a head. He suggested there could be special hunts.;:;GRtiYicl3iiiember Gustafson suggested having open hunting north of e Highway 13 tracks. Police Chief Geagan stated he had received complaints in the past. John Yanta informed the Council he had been a resident of the City of Eagan for 26 years..He pointed out he respected safety issues and recommended the propgsed;:amendment exclude the area north of the tracks. He reportiaii: tk " ;tutr:;:1{xndred yards is the maximum reach of gun shells. He state. theie;,was no foreseeable development in that area. He explairiegi thati:::he leases 60 acres from the Kenneallys. Councilmember Egan disclosed he favoibd a friendly amendment to exclude the Yanta area on a probationary basis. McCrea pointed out that there may be other 60 acre parcels. Councilmember Wachter pointed out that everyone is impacted and that land owners should post their land. Police Chief Geagan reiterated that the area was a problem and that it was difficult to enfak'ce exceptions. Mayor Ellison felt it should be an all or nothing proposition. Councilmember Gustafson pointed::o?U?C -th4t:;1U:i Yanta could apply under Subdivision E of the Ornaiica::::H::fgvo d;'lred the ordinance amendment. Mr. Yanta reiterated that only,two parcels were available in Eagan for hunting. McCrea staffed that Subdivision E provided flexibility. Page 15/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 McCrea moved, Wachter se g►ded, the.#ration to approve an amendment to the Dangerous Weijp6 p Ordipgb6e, Section 10.10 regarding hunting within the Ellison and Wachter voted in favor; Gustaf sori'"id'-*Egan voted against. The motion carried. THE WATERS/SKEET SHOOT REQUEST City Administrator Tom the application. Rick Burger (The Waters) recapped the:epplication proposal and explained the skeet shoot would:::be for:: -:their grand opening. Councilmember Wachter pointed. out-:t44re "h a school nearby. The applicant stated they would ri4jti€y''t2:sDPdo1 officials regarding the skeet shoot. Gustafson moved, Egan seconded, the motion to approve a special skeet shoot as a promotional event for the The Waters on September 12, 1989. All voted in favor. AIRPORT RELATIONS::. .7TU/RUNWAY USE SYSTEM Assistant to the City Administrator."Sohenstein gave a brief synopsis of the recommendation. C.Qunc,l iAer Egan asked what caused the greater plane traffics kU':;<T{o'henstein reported that the FAA presented new configuxatk4rt$'� Joe Harrison was opposed to the proposal and stated that the traffic would increase by 90%. He stated the traffic would not be within the corridor and he urged City action. Mr. Hohenstein explained that the use would increase traffic, but not by 90%. There was further discussion ?e::;RUS. Councilmember Wachter expressed;:;bis feglings that the surrounding communities of the airport shdiild share the burden. Mayor Ellison endorsed the recommendation:.' the Airport Committee. Egan moved, Wachter seconded, the motion to approve the Airport Relations Commission's findings and recommendations on the 180 -day runway use system (RUS) test study. All voted in favor. LIQUOR SHOPPE, INC./OFF SALE LIQUOR LICENSE City Administrator Tom Hedges presented the matter to the Council. He explained he that the financial guarantees had not Douglas Lee (Applicant) was available::at the meeting 'for questions. He pointed out that the store wore, a "ma and pa" operation. Page 16/KAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember McCrea asked:if it would:require an ordinance ... �":'McCrea.asked if the amendment. Councilmember Egan'::,t.'&sponded...bp Lease was secure. The McCrea had concerns regarding the research and the d6w� - a - y . me - nt. She felt the financial guarantees should be in place. Police Chief Geagan reported that all documentation had been received. Councilmember Wachter...qupst.i.oned-if there was a need for another liquor store in Eagan::Mayticl?stia remarked that Mr. and .......... Mrs. Lee had a right to make ii ... go' `0 . t: Hie''.':felt. the City was giving monopolies by limiting the niit�ber df:::licenses. Councilmember McCrea pointed out that existing bu%inesseg:::should be kept healthy. Police Chief Geagan explained that::��i:4e SBJKVould not act until the license was approved. mcci�"U"'a"*::..�:..O'i'kii.($::::t4it the liquor business was very tough. Don warentien�::"'O""p'*"P'osed'*ct:::-I*lquor store on Pilot Knob and Diffley. He felt the stores should be spread out. The applicant showed the location of the existing store. Ellison moved, Egan seconded, the motion to approve an off -Sale Intoxicating Liquor:L-icense for Douglas and Mary Lee for the Liquor Shoppe, Inc. to be-::A6jj4t-zd at 4250 Lexington Avenue in the existing strip shopping int ersection of Diffley and Lexington Roads. Ellison, Eg4p and:G'tfta son voted in favor; Wachter voted against; McCrea ab& motion carried. USE PERMIT Community Development Director Dale Runkle presented the application summary. The applicant informed the Council it would meet the conditions. McCrea moved, Wachter seconded ;x -the Special Use Permit for construction of two portable classrooms the existing school building, subje04"::to 1. The portable classrooms shai:I'-:be necessary. on to approve a pool to allow for the located northwest of following conditions: accessible, if. 2. All City building permit requirements and building code standards shall be met. 3. The permit is valid through the 109/90 school year only. Further use will require reapplication. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 OLD TOWN HALL/RELOCATIi*/FRONT YAbm :::SET BACK VARIANCE City Administrator Tom HedgO'jg:liz:e""ed the Council regarding the matter. Councilmember Wachter'gfated that the hardship was the impact on the trees. Jim Horne informed the Council that the west side of the building was on uncompacted Gustafson moved, McCrea second.6d, th*;Alotion to approve the five foot variance to the fifty foot fronf".4'ard set back requirement for the relocation of V�he Old:-.:3bwn Hall. Gustafson, Ellison, Egan and McCrea vote4:-:1a::::. �r,.,::iQ bhter abstained. KINGSWOOD FOURTH ADDITION/REDUCTION OF SET BACK VARIANCE Community Development Director Dale Runkle presented the application to the Council. Rollie Crawford (Representative for Horne) informed the Council the matter had been discussed at the time of preliminary plat app rpVal,., He pointed out the hardship was severe and obvious. ._. Mayor Ellison asked if the matter -could be handled in any other way. Mr. Runkle stated there could:.::perhaps be a shift in the cul-de-sac to the east. Councils 0hbe'z::l achter suggested the redesign of the lot. Mr. Horn�0::::exiai pned the house location and stated that a redesign of the Tot was not agreeable. He stated he would have to be creative to put the home on the lot. Mr. Wachter stated the design of the house could be changed. Councilmember Egan suggested waiting on the matter until the housing pads were developed. He questioned the dimensions of the lots. Mr. Horne explained the dimensions ofe:::I#:::;M::::gan stated he felt it was an injustice to approve t :11:n' -l:41.6't with a required variance. Councilmember Gustafson remarkdd:that:the freeway set back alleviated the concern over the varia'ace iiact. He pointed out that the cul-de-sac was already installed'aiid felt there was a misunderstanding regarding the setback. Mayor Ellison commented that he would like to vote against the matter, but that there were not many choices left. Councilmember Egan noted that if the vote failed, the matter could be continued for::r*taff review. Councilmember McCrea commented that the lair had a severe slope and that whoever might build would need .flexik iity. Mr. Crawford pointed out that the drawings::;83d:::9:::teirdSent the actual buildings. He had concerns reg ardliid::the paik dedication fee. He stated he felt fairness and equity was a consideration since the lots had been previously platted. City AdYil tiistrator Tom Hedges informed Mr. Crawford that staff would check into the matter. Page 18/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Gustafson moved, McCrea ikkvonded, tbg:ipotion to approve a variance to reduce the requirg&i4qt bac*-�Idir Lots 3 and 4, Block 1, Kingswood Fourth Addition, other code . ......... requirements. Ellison, McCrea voted in favor; Egan and Wachter voted against. LUTHER M. STALLAND/TAX STATUS CHANGE City Administrator Tom H.�- ft;.' '' * .... J"*%----j�d the matter to the .. 0 �*Vt"Oft' I Council. Luther Stalland reiterated':::'4'1"'s""''c''o="' eras he had expressed in his August 3, 1989 letti%eir to:::E.he council, which was included in the Council packet. He-:r-ocappqA'�:the recent Court decisions and requested reliefjrc'%:4 he iii Brest and penalties. Mayor Ellison addressed th&timelihitess of the matter. Mr. Hedges pointed out that the appeal time had expired, but that there were special circumstances. City Attorney Mike Dougherty reported that the projects were installed prior to 1985 and that the appeal time was for the City's benefit to allow financial planning. Mr. Hedges emphasized that an ab4tement or reduction would be difficult at the present time. Councilmember Egan questioned th . &'-:1dh-q.,,delay. Mr. Stalland stated he had no knowledge of thc:::Highw4y.:�13 matter until this year. Mr. Hedges suggested defern"'m'n.*'.,,.""Stalland informed the Council that he would pay the:,::Ax's0s"8'm—e'nt at the time the property was sold. He further stated tlii�'%when the lawsuit was resolved, he would also pay those assessments. Mr. Stalland informed the Council that the County Board had already acted favorably upon the request. Mr. Dougherty stated that the County had considered the:.:.Iand.lock.*.d::p.roperty only. Councilmember Egan commented. at-:.iY�not responsible for either problem. Mayor Ellison could::.sjee nc:.:..qrounds for an abatement. Councilmember Gustafson i lt ddfdrral made sense. Councilmember McCrea had concerns tF# defotral would set a precedent. Mr. Dougherty pointed ou.f::-ihat:.t'he matter was handled in statute. Councilmember Egan emphasized thait"::the assessments needed to be paid. Egan moved, McCrea seconded, the motion to deny a request by Luther Stalland for consideration of abate;p.ent on assessments on Parcels 10-01800-021-57 and 10-01700-020:52. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. RAGAN EVANGEVT.ML::C0VENXM::, CHURCH City Administrator Tom Hedges updated' the Council on 'the th matter. Jim Haaglund (Representative for e" Church) introduced the applicant's team. He suggested the Council endorse the five Page 19/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 proposed conditions on Page 144(g) of the:;.Cpuncil packet. He pointed out that the cul-de-s6j s:; had no v4me. Public Works Director Tom ColiuiGti'riformed the Council that the five proposed conditions were reasonable and that the Council could issue a statement of support. He recommended the addition of three more proposed conditions as shown on page 145(b) of the Council packet. Councilmember Gustafson state kre iiid::hot recall the resident's asking for access to Lexington. Mr.::Eolbett:::explained the condition was based upon the length of the culmde-sao:. Councilmember McCrea asked if the church had reviled t��Oconditions. The applicant stated that the chudk,6h .:s t.0t :uf favor of the access condition, but that they woul8::egiee to`:: t. Councilmember Wachter commented that access was not a big factor. McCrea moved, Egan seconded, the motion to approve a Comprehensive Guide Plan Amendment for a rezoning from multi -family residential within. the Lexington South Planned Development to public facilit�:t?s::::as.. requested by the Eagan Evangelical Covenant Church. Jdf: ui ited:: ;in,.favor. McCrea moved, Wachter seconded, the.::motion to rezone within the Lexington South Plan Develops nt>.:;fx'M:inulti—family residential to public facilitj;es:::aS::::requested by the Eagan Evangelical Covenant Church. til voted in favor. Councilmember McCrea stated that the Council endorsed the five suggestions from the applicant. Public Works Director Tom Colbert requested a revision to condition number 5. McCrea moved, Egan second0d:-:'x'thd:0 £nii to approve a preliminary plat for one lot and one "outlot•.on 4.84 acres located on the west side of Lexington Avenue:r::east::pf Lexington Way in the southwest quarter of Section 23, as::TQquestdd by the Eagan Evangelical Covenant Church, subject :to th.�:::.following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, C5, D1, E1 and G1. 2. One ground sign is allowed at this::�iite. All sign code size and height requirements shall be met and all signage shall be subject to the one time signee;;p:;:$2.;;5t3:::;per square foot. 3. All trash shall be contained wthin..the building or the enclosure shall be attached to the buildia"'::and constructed of the same materials as the building. Page 20/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 4. No roof top mechanica3: �;. quipment.: ft(Lll be visible from the streets. 5. Triangular piece (Outlot k):"i6Sft be platted as Lot 2, Block 1 and have the same tax identification number in order to prevent tax forfeiture. 6. All site drainage is Lexington Way storm sewer BY directed to the 7.The development is required"fo dedicate an additional ten feet of utility easement parallel X#':the d*Lsting sanitary sewer easement along its southerly prpnerty 8. All temporary parking''lot improvements must be brought into conformance with current City code no later than seven years from the date of final plat approval. 9. Restricted access should be dedicated adjacent to the entire frontage of County Roo: 3., as required by the Dakota County Plat Commission. A11 voted in favor. TRANBY Fx �l?P1 TION City Administrator Tom Hauges introduced the matter to the Council and stated that the Advisory Planning Commission recommended approval. The applicant was present at the meeting. Councilmember Gustafson had concerns number 9. Public Works Direct l¢bfi:ei1be that there was adequate hydrant>dover3ge: construction. Mayor Ellison asked if::::the standards. Community Development Dir4ctor yes. The architect explained the apican alternatives. regarding condition _informed the Council ai the site during zecast with brick met Pile Runkle responded ::;vias reviewing building Egan move, Gustafson seconded, the motion to approve a preliminary plat of 3.85 light industrial acres for office/warehouse use as submitted by Joseph Tranby for Tranby First Addition located on the south side o€::Highway 49, north of the Chicago, Milwaukee, St.. Paul and Pacific Railroad Line and the west half of Section 12, subject to, the following conditions: 1. These standard conditsi iiig:: of :plat `-gpproval as adopted by Council action on September 15, 1987, shal3,::be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, E1, FX;:iind G1. 2. No outside storage shall be permitted. Page 21/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 3. All roof top equipmen.t.*shall be s0rdened and not visible. 4. Permits shall be taken!:::i:.:.:....... ition/abandonment for movement of existing structures. 5. Front yard irrigation shall be provided. 6. All signage shall confo.=.:.:t4.::the, F,Agan Sign Ordinance and be subject to the one time sign;:.iee.:q::2:., per square foot. 7. The development is required'to submit detailed plans and specifications for the proposed ret43ning.vAl1 construction for City staff review and approval..pz, crj::to..f3fiial plat. 8. Further review and approval of'storm sewer requirements are required by City staff and MnDot. 9. Additional hydrant coverage to service the proposed development is required. All voted in favor. EAGAN CENTER Community Development application summary to the opposed the future assessm Council packet. r::: Runkle presented the ;`Brad Swenson (developer) mentioned on page 172 of the Councilmember McCrea stated she was pleased with the quality of the Merrill Lynch building in Galaxy Cliff. She asked when the property would be developed.:Mz:::;:SG(?hsoA;::s$ted it was planned to take the proposal to the Advisory::p3a ?_Ag<:.:Commission in the month of August. McCrea questioned if the:::$36,000:,00 could be collected. Public Works Director Tom Colbert st4ted i.t.was collectable based on today's rates. He further stated::that sfaff was reviewing the assessment policy and he recognized:'ihe dloper's concerns. He explained that the trailway could be incorporated into the site plan. He emphasized that the concerns would be addressed. Mayor Ellison asked if the trail could be installed prior to the Diffley Road upgrade. He questioned if:::t should be a condition of approval. Mr. Swenson had no::c.Oncerns regarding the installation of the trail prior to the Diffley Road upgrade as long as it was not destroyed : tl::3#::PzOCEss j Egan moved, Wachter seconded, the motion to approve a preliminary plat of approximately 48.4 acVOi with one 3.4 'acre lot for office building use with the remaining area for future development in the Lexington South Planned Development located at the southeast intersection of Lexington Avenue and Diffley Road Page 22/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 1. These standard conditions of plat approval as adopted by Council Action on September 15, 1987 shall be complied with: Al, B1, C1, C2, C3, C4, C5, D1, E1, F1 and G1. 2. Three foot berming shad:$ ::k3e rave along the Diff ley ........:::.; Road property line by the parking lxit area:; 3. All landscaped areas shall,: irr -O'ted. 4. The elementary school::#cess aYii; .retail center access shall line up. 5. Cross -parking and ingress/egress easements shall be provided. 6. The pylon sign shall subject to the City's one -ti 7. All trash shall be 8. The building shall be sides. tted on Lot 1, Block 1 and .,..$,2.50 per square foot. building. of brick on all four 9. The development is required to direct all site generated storm water runoff to the existing storm sewer system along the south side of the site and within Lexington Avenue. 10. The development will:::-b2::Xiequ EB:;to provide utility service extended northerly frorii:"PatY3ek Roach to the easterly terminus of the proposed private drive. 11. The development is requirea:::to pr.'O"'V"ide a 20 foot parking setback along the southeasterly boundary.m.,..."'' 12. The development is required to modify the existing restricted access along the easterly side of Lexington Avenue which provides access to both Eagan Center 1st Addition and the proposed development in accordance with Ci.ty staff and County requirements. 13. Modifications to the::pt}ptise ;:sztiE:::plan's traffic circulation are required in tiie' 0"'. �w tlg areas: a. The easterly entrance to the prciposed bank drive -up windows. Page 23JEAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 ........... b. Provide an access t4::the proposed:bank drive -up from the south access road. C. Revise the proposed addd":::Tf6m the development to the easterly adjacent private drive to provide continuity with the proposed easterly shopping center entrance. d. Provide an entrance....to-the proposed parking area at the southeasterly ... ......... 14. Prior to any further devel,6pment:: ... 4ithin the Planned Development property, the internal.:xvad cq=ecting Daniel Drive to Patrick Road shall be completed :-there.-* 11 be a reduction to only three outlots. 15. The trailway shall be incorporated into the site plan and installed prior to the Diffley Road upgrade. All voted in favor. OLD TOW HALL : . MonmG BID ACCEPTANCE ...... Egan moved, Gustafson seconded','*.'-th'd::"M OtIon to approve the low bid of Ernst House Movers in the:: _4imoun.t;..:.of.::::;2,950.00 for the relocation of the Old Town Hall..G : ... Ellison, Egan and McCrea voted in favor; Wachter::: .... gotditied. Egan moved, McCrea seconded, the motion to approve the low bid of Wally Nelson Construction Company of Eagan in the amount of $7,600.00 for the foundation work. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. ECONOMIC APPOINTMENT After the council's vote, Cityi::.Adminiit.trator Tom Hedges stated that Christy Clapp had receive the zhi*JoriW.::of the votes. Wachter moved, Egan seconded, the motion to select Christy Clapp to replace Candace Garry, who resigned, as a member of the Economic Development Commission. All voted in favor. EAGAN CENTER THIRD ADDITION Egan moved, McCrea seconded, the motidh to approve the extension of final plat record# -or.-:-U -:.Center Third Addition as requested by Tri -Land Prop timber 15, 1989. All voted in favor. Page 24/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 BLACRHAWR POND ADDITION/ACCESS EASEMENT VACATION Egan moved, McCrea second'e;:the;tpizon to schedule a public hearing to be held on September'::5 -:::: 984- to vacate access easement for Lots 12 and 13, Block 1, Blackhawk Pond Addition. All voted in favor. PROJECT 523/ADJUSTMENT FINAL ASSESSMENT BOLL/SLA CKSX9iPf:::�PCiNE); 3%'20N McCrea moved, Gustafson second A, thec:'::'motion to revise the final assessment roll for Project 5.23 (Blaoxhawk Ponds) and provide a credit rebate of $9,296,,9 j:to Ki�'.tor Development. All voted in favor. PROJECT 521/YORKTON SECOND ADDITION/TRUNK STORM SEWER Egan moved, Gustafson seconded, the motion to receive the final assessment roll for Project 521 (Yorkton Second Addition - Trunk Storm Sewer) and schedule a public hearing to be held on September 19, 1989. All voted:;:::;-fdvor. PONDVIEW ADDITION/DRAINAGE AND'fJ'!-I'Ll, EASEMENT VACATION McCrea moved, Gustafson sec�.nded t)ie motion to receive a petition to vacate a drainage ,.;andf;i:i:t33ity easement (Lot 1, Block 2, Pondview Addition) and schedu�e:'A':public hearing to be held at 7:00 p.m. on September 5, 1989. All voted in favor. PROJECT 543R/SIBLEY HILLS DRIVE AND SKYLINE ROAD Egan moved, Gustafson seconded.,. -the, -motion to approve the plans and specifications for ,:trct::$#�5: (Skyline Road and Sibley Hills Drive - Streets and'Ut lines) and schedule a bid opening to be held at 10:30 a.m., FzI.day,:06ptember 15, 1989. All voted in favor. SPECIAL McCrea moved, Egan seconded, the motion to schedule Special Council Meetings for August 30, 1989, September 12, 1989 and September 28, 1989. All voted in favor. COUNCIL DISCUSSION:`: City Administrator TomHe3g4stpssrtte the United Way Coordinator update. ........ Councilmember Wachter had concerns regarding the right turn from Yankee Doodle to 35E North. Public Works Director Tom Colbert stated the County's reaction was not favorable. Page 25/EAGAN CITY COUNCIL MEETING ING MINUTES August,15, 1989 Councilmember Wachter hag:ii:concerns rek).4rding the revenue report and felt the legaland'--pr-ks depa"i '*-.;q ...... ilt treats were in rough ftio- ............ shape. City Administrator Tom M:0.0.:ntedou t that it would exceed budget. Councilmember Wachter updated the Council regarding the Old Town Hall. ............. Mayor Ellison had concerk&:::!-b. At# =-.':::the Burger King sign on Cliff. Community Development Dire informed the Mayor that staff would check into matt"di"i. Councilmember McCrea reite a er.-66.hcerns regarding model homes without access to fire bclziits::ty Administrator Tom Hedges stated that the Ordinance had kieieri modified to forbid model homes before final plat approval. McCrea stated that water should be available before model homes were constructed. City Administrator Tom Hedges stated he would so inform the Building Department. Wachter moved, Gustafson seoqnded :,:-'the ,motion to approve the ... II ... checklist dated August 14, 1989,:.:n the.:AM'O'=t of $81,687.19, and the checklist dated August 15, amount of ..' 8 $1,479,785.87. All voted in fa4�6"-'-:''- ADJOURNMENT McCrea moved, Gustafson seconded, the motion to adjourn the August 15, 1989 City Council Meeting. All voted in favor. ............... Hye E.J.,:;:j.VanOverbeke Its::':';bity Clerk A 'i MINUTES A regular meeting of the Eagan City Tuesday, September 5, 1989, at the Eagan were Mayor Ellison and CounciU*W3*;rs: ;& McCrea. Also present were City:`•'Aldiif�ifxtxi t -. Works Director Tom Colbert, Commun�fy De' Runkle, Assistant City Engineer Mike,. Foe James Sheldon. K" �L Council was held on Municipal Center. Present ht.er, Egan, Gustafson and Xf5# Tom Hedges, Public e :epment Director Dale tsch and City Attorney City Administrator Tom Hedges informed the Council that there were no corrections to the agenda. Gustafson moved, Wachter,.seconded, the motion to approve the agenda as presented. All votA:.t:n.;;favor. August 15, 1989. Councilmembtr.Gust-�bn requested a correction on page 15 to the A1rPijrt::R.eYations Committee motion. The motion should read "Egan iggvec#y'Wachter seconded, the motion to oppose the Metropolitan Airpo=tCommission's findings and recommendations on the 180 day runway use system (RUS) test study and to endorse the general concept to avoid adding traffic to the corridor area, as referenced in Exhibit A attached hereto. All voted in favor." Wachter moved, Egan secoridi3 Fie" iiiiSton to approve the minutes for the August 15, 1989 regular Council meeting as amended. All voted in favor. POLICE DEPARTMENT/NO PARKING/CLIFF R07:NEAR HOLLAND PARR Councilmember Egan asked if the problem was created by the design or if the lot was too small. Bob Rosene stated that the lot was sized by the County for the size of the beach. Police Chief Geagan informed the Council that the County*:was reevaluating the use. Mayor Ellison felt that the parking 1W should be increased in size as people will continue using.;.the... .lake.. Egan moved, Gustafson sedbftaed "ttf motion to approve a request to Dakota County to reinstate "No P..BXking" signs on Cliff Road adjacent to Holland Park and further tq":direct staff to send a letter to the County asking the County to designate a no parking area on the north side of Cliff Road to approximately mid -way Page 2/EAGAN CITY COUNCIL MINUTES September 5, 1989 between Oak Chase Road and Lexington Avenue, and to encourage the County to redesign the parkirigj*lot to aGo.{iitimodate more vehicles. All voted in favor. PUBLIC WORKS DEPARTMENT/STOP SIGN PETITION/DEERHILLS TRAIL AND EAGLE CREST DRIVE City Administrator Tom Hedges introduced the matter to the Council and stated that there::saee:::iiii';iEcj#�bors present at the �66 meeting. Councilmember Gustaf:-siiggesf'e'd:khe neighbors institute a voluntary speed limit with a slogs of °1.'1wenty is Plenty". Councilmember Wachter suggested "Twjppty-fige - Keep 'em Alive". Gustafson moved, Egan se diW;`;th-::. iic'tion to receive the petition and deny the request:for stop::signs at the intersection of Deerhills Trail and Eagle Crest Drive. All voted in favor. PARKS AND RECREATION DEPARTMENT/PARK LAND PURCHASE/FIRST FINANCIAL CORPORATION/KENSINGTON PLACE City Administrator Tom lfiftos.;summarized the background of the matter for the Council. Counc I�ii3t...KcCrea commented she appreciated the staff following thioii#ii::0n- the Council's direction. Councilmember Egan asked for the:::lmount.of:::::hhe taxes on the parcel. Parks and Recreation Director Kei:::Vz:aa:j:Stkted that the taxes on the parcel were $4,200.00. Egan moved, Wachter seconded, the motion to direct the City Administrator and Director of Parks and Recreation to prepare a purchase agreement for the purchase of Lot 3, Block 2, KENSINGTON PLACE for a purchase price of $7,500.00, plus the accumulated taxes to date with the seller responsi.ble:.,to:,.paY. off all assessments. All voted in favor. CONSENT Ad.MA A. Personnel Items. 1. Community Service Officer. It was recommended to approve the hiring of Daniel Mason as a community service officer for the Police Department, subject to successful completion of the City's psychci ical examination requirement. ... 2. Planning Intern. It was recommended to approve the hi$ti9 of Kimberly Eggers as a planning intern for the Community Development Department. /' Page 3/EAGAN CITY COUNCIL MINUTES September 5, 1989 B. Plumbers Licenses. It was recommended to presented. licenses as C. License for On -Sale Beer for Pizza Hut. It was recommended to apgreve::f tce::tibt cintoxicating malt liquor license for Donald Naderman for the::Fiew Pfsza Hut at 2130 Cliff Road. It was recommended to receive the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and schedule a public hearing to be held on October 3, 1989. E. It was recommended to r Project 529 (Cliff Lake Cent schedule a public hearing to F. Works M Roll e::final assessment roll for ets and Utilities) and on October 3, 1989. Councilmember Egan question d:4:f:::::thete:::would be a full warranty on the vehicle. Pubii�G Works::.Di.iettor Tom Colbert stated there would be a full warranty. It was recommended to receive ttie bid' ::':for Unit No. 136 (Cracksealer Melter) and authorize tfle acgq sition of a demonstration unit from MacQueen Equipments"Inc., in the amount of $14,075.00. G. Project 536, Receive F Hearinc (South Oaks Addition - It was recommended to r Project 536 (South Oaks Addi schedule a public hearing to assessment roll for d Utilities) and er 3, 1989. Page 4/EAGAN CITY COUNCIL MINUTES September 5, 1989 It was recommended to receive the final assessment roll for Project 463 (East Cliff Road - Streets) and schedule a public hearing to be held on October 3, 1989. It was recommended to receive tie fill assessment roll for Project 525 (Woodlands Addition -...-..T-r4.nk Storm Sewer) and schedule a public hearing to be held on J. Contract 89-01. Approve Change order for Sealcoatina of Trails. City Administrator Tom Hedges recommended omitting the change order for sealcoating of the:..tx ' a ' &ls and advertise for bids. He stated the change order for t. '...':04r.)Ling lot should remain. It was recommended to deny the dhaiini ... V' 9rder for Contract 89-01 for the sealcoating of several City tza&1-s�j'and to approve the advertisement for bids for the tii-us-::::i2ii6o"ating; and approve the change order for the City owned.'A . MY lots sealcoating. K. ew, It was recommended to approve Change Order No. 1 to Contract 89-12 in the amount of of drain tile. L. It was recommended to approve 011ains aid specifications for Contract 89-20, Hockey Rink Lighting at BAdle Ridge Park and the advertisement for bids. M. Resignation, Corey Cleveland from Economic Development Commission. It was recommended to accept the resignation of Corey Cleveland as a member of the Commission and to direct the City Administratort ::-..—.. , 0. dhadates for an appointment to fill the vacancy. Page 5/EAGAN CITY COUNCIL MINUTES September 5, 1989 N. Final Plat for KinaswpOd 4th AddU on. Councilmember Gustafson aslc'ee1'::'al necessary agreements had been processed. City Administrator Tom Hedges stated that the matter was in order. It was recommended to approve the final plat for Kingswood 4th Addition as presented. O. Final Plat for Woodlands 3i&::Addif-3tin. Councilmember Gustafson asked,:* all:: - had been processed. City Administrator:;Toei:#eii?*S:sated the matter was in order. It was recommended to approve the final plat for Woodlands 3rd Addition as presented. P. City Administrator Tom Hedg matter to the September 19, 1989 It was recommended to co 2nd Addition to the September Q. 2nd Addition. . continuing the meeting. �:::: iral plat for Manor Lake City Council meeting. Councilmember Gustafson asked if the matter was in order. City Administrator Tom Hedges stated -that all documents had been processed. It was recommended to app=6ve'tiielh—A'l plat for Sterns Addition as presented. R. Extension of It was recommended to approve the extension of the preliminary plat for Country Hollow 2nd Addition until November 30, 1989. S. Final Plat for Suncrest Addition.:: Councilmember Gustaf son sked:;:£.;;aj:::matters were in order. City Administrator Tom Hedges ::5tia ed ti3sat:;: 1 documents had been finalized. It was recommended to approve the finsL plat for Suncrest Addition as presented. Page 6/EAGAN CITY COUNCIL MINUTES September 5, 1989 T. Contract 89-04 No. 1 - Repairs). It was recommended to appr&Vi&:'3AK# Order No. 1 to Contract 89-04 (Project No. 560 - Timberline and Well No. 1 - Repairs) and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to approve'.thbak"tt request for Contract 88-29 (Well No::��13) for perpetual maintenance subject to;..rela V. h and final pay authorize acceptance warranty provisions. It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 583 (Park Center - Streets and Utilities). Wachter moved, Gustaf the motion to approve the consent agenda items as amended zaild;;autborize their implementation. All voted in favor. FIRE DEPART HAT Mayor Ellison requested 4.'::update on the aerial vehicle. Chief Southorn stated that the update would be available in approximately one week. OPTICAL SCAN FOR City Administrator Tom necessary to approve a reso elections. e Council it was an optical scan for Egan moved, Gustafson seconded :::::.the motion to approve a resolution authorizing the use of Optical Sean Voting equipment for elections. All voted in favor. City Administrator Tom Hedges informed the Council that demonstrations of the optical scan would be, held at the City Hall at 6:30 p.m. on September 19, 1989 in conntion with the training for the election judges. RI NGSWOQE:��}; �ADFfI'!.'�f�Ei City Administrator Tom Hedges stated:. -ere was a need -for an extension of the final plat to allow for tho: recording. Community Development Director Dale Runkle recommended an extension to September 30, 1989. N Page 7/EAGAN CITY COUNCIL MINUTES September 5, 1989 Wachter moved, Gustaf soil::::$-econded, tom: motion to approve the extension for recording of thii..."t.ipal pla-Cl-or Kingswood 2nd Addition to September 30, 19894:*:--- in favor. STERNS ADDITION City Administrator Tom Hedges informed the Council that there were still easements which needed..to be obtained. He recommended authorizing condemnation the costs. Egan moved, Gustafson seconded -'''the z6&""Eion to adopt a resolution for condemnation to obtaln certain easements to allow public improvements, with the Schic'X- istel&t guaranteeing all Costs. All voted in favor. ....... OAK WILT COMPLAINTS City Administrator Tom Hedges informed the Council that he had received a number of complaints regarding oak wilt. Councilmember Wachter stated that oak trees:;:.make good firewood and suggested the wood could be removed private:lt..�'*�,-Ma , yor Ellison concurred with . *A "h � � �- stated that it would be Councilmember Wachter. Councilifie' L .. consistent with City past policy,::.:. FINAL ASSESSMENT ROLL/PROJECT 4.9.5 p":: -DEVELOPMENT 2ND ADDITION City Administrator Tom Ho,'4i469 introduced the matter. Public Works Director Tom Colbert presented the details of the project. Councilmember Egan questioned the variances in the City finance amounts. Mr. Colbert stated that the actual costs came in higher while the assessment revenue remained fixed. He explained the type of construction. McCrea moved, Gustafson seconded:, - the ..motion to close the public hearing and approve the final::::&sses9#.L-nt roll for Project 495 (Dallas Development 2nd Additiori::::'-!'-' Str"�-s and. Utilities) and authorize its certification to DakotA:::CountY.:for collection. All voted in favor. -- FINAL ASSESSMENT HEARING/PROJECT 512R/CUTTERS RIDGE 2ND ADDITION Public Works Director Tom Colbert informed the Council that there were 51 parcels involved with the prd';Oct. Wachter moved, Gustafson.:aecGnded:;.:.:.t.tm::.motion to close the public hearing and approve the:::.-f&.nA- roll for Project 512R (Cutters Ridge 2nd Addition - Sanitar.y....and Storm Sewer) and authorize its certification to the County:f6,,k collection. All voted in favor. Page S/EAGAN CITY COUNCIL MINUTES September 5, 1989 City Administrator Tom Hedges presented the matter to the Council. Public Works Director Tom Colbert further explained the assessments. Gustafson moved, Wachter.: - to close the .. wip ..... . public hearing and approve the fing:k*4siei'=ent roll for Project 554 (General Electric Supply Company- St6kf Sewer) and authorize its certification to Dakota County;::All vo..".d in favor. RUSTEN City Administrator Tom Hedges summarized the matter for the Council. Assistant City Engineer Mike Foertsch presented the feasibility report details to the Council. He stated that the project should begin when the plat is approved. He informed the Council that all interested ps had received notice of the meeting. McCrea moved, Gustafson seconded,''thb ... motion to close the public hearing and approve Projeoi. 577--(-Riiifen Road - Street Improvements) and authorize preparA-*b'.3.dn:--b detailed plans and specifications. All voted in fAmpK.::.- VACATION/DIFFLEY ROAD FRONTAGE - WEST OF PILOT KNOB ROAD/ ABANDONED COUNTY RIGHT-OF-WAY City Administrator Tom Hedges summarized the background information for the council. Publ-i2p:::.V.4r.ks:-:.Di.rector Tom Colbert dk X 0�bdr' Egan questioned the presented further inf location of the proposed vacation. Mr.:.. Colbert explained the location. Gustafson moved, Egan seconded :::::-'i-the m'q`t'ion to close the public hearing and approve the vacation of the abhhdoned County Road 30 right-ofTway for the Diffley Road frontage road - west of Pilot Knob Road and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. All voted in favor. VACATION/CRAY ADDITION/DRAINAGE AND :::. U TILITY EASEMENTS Gustafson moved, Egan sed ... tiii.-im""O''tion to close the public hearing and approve the vacation of the draanage and utility easements within the Cray 1st Addition anct:.4:", .ilthorize the Mayor and City Clerk to execute all related documents :':for recording at Dakota County. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES September 5, 1989 CRAY ADDITION/PROJECT 571/3TORM SEWER City Administrator Tom Hed§.4ki:; 5bsdiuced the matter. Public Works Director Tom Colbert recappe ::lie'project and stated that Cray Research would not oppose the project. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve Prp}Rpt:.5.71 ..(Cray Addition - Storm Sewer) and authorize the and specifications. All voted in FINAL ASSESSMENT ErrnaTxG/PROJ—=T 427:{7(ANKEE DOODLE ROAD City Administrator Tom H�Q�es'pres�tited the background information to the Council. Piib7ic WoA§1::tirector Tom Colbert summarized the project and the assessments. He stated that three written objections had been received (see Exhibit A for written objections). He reported that the Sandberg property was assessed only for the 100 foot frontage and that the remainder would be deferred until future development. He further reported that Surrey Gardens would realize the bene#$ti::In..the amount of the assessment. He informed the Council that the o �tgin'&l;.;hearing notice did not include Bunker Hills and recommended tl2 fleietion of that parcel in order to renotice the interested: tiartie,sx4bd to correct the procedure. He stated the Sandberg:: ab. :j; G zon would be removed and that Surrey Heights should be;;ada C ii'as presented. He explained that Outlot A is one individual: un't (Surrey Heights) and that Surrey Heights 6th and 7th Additions were not assessed for the past project. He stated that the assessment included and was allocated over all 168 Surrey Heights units. He informed the Council that the tennis courts were owned by the Association. Vince Kennedy questioned::::I3e:;oz]g?g1:eost, the trail assessment, the assessment rates and,the adjustments. He had concerns regarding the transfer of Cil¢ Heritage Lane and access to the property. Public Works Director:Tom Colbert addressed his concerns. Councilmember Egan requested further information regarding tha City financing. Mr. Colbert stated that the storm sewer costs exceeded the estimates and that it would be 98% City financed. Wachter moved, Gustafson seconded, tht:notion to close the public hearing and modify the final assesst roll for Project 427 (Yankee Doodle Road - Streets;;enc:;tit-7i7tiQls:l; be deleting Parcel No. 10-41300-121-01 and authorize ::#s?:ti.a?ion to Dakota County for collection. All voted in favor. Page 10/EAGAN CITY COUNCIL MINUTES September 5, 1989 VACATION/CEDARVALE BOU ARD/PORTIM OF RIGHT-OF-WAY City Administrator Tom continuing the matter to October 5, 1989 to allow the petitioner to obtain an executed agreement. Gustafson moved, Egan s October 5, 1989 City Council portion of Cedarvale Bouleva VACATION/BLACKHAWK PONDS City Administrator Tom Council. Public Works Direc for the vacation. the motion to continue to the �} ::0'iblic hearing to vacate a oted�-:ati favor. .'the matter for the explained the necessity Gustafson moved, Egan seconded, the motion to close the public hearing and approve the vacation of the access easement across Lots 12 and 13, Block 1, Blackhawk:.Ponds Addition and authorize the Mayor and City Clerk to execut :::Al.l;.related documents necessary for recording at Dakota County. VACATION/PONDVIEW ADDITION/DRAINAGE:,.ANIi UTILITY EASEMENT City Administrator Tom Hedgss:::0Xn.tarized the matter for the Council. Public Works Director:;Teie Colbert explained the nature of the vacation. He stated the shopping center would be over the easements and that there were utilities present. He stated the utility companies requested relocation guarantees and cost reimbursement. He recommended continuing the matter to the September 19, 1989 City Council....m P .:.::...:.:.. Gustafson moved, Wachter -recon public hearing for the vacation of within the Pondview Addition to the Council meeting. All voted in favor FAIRWAY HILLS IST AND 2ND tion to continue the d utility easements 19, 1989, City /REQUEST FOR COST PARTICIPATION- -4 Egan moved, Gustafson seconded, the motion to continue the matter to a later time at the meeting. All voted in favor. KENNEALY ADDITION/PRELIMINA:RY PLAT/ STORM SEWER-P.ONDIN.q...R$Qi.TREMENTS City Administrator Tom He 4e.s presented the background information. Councilmember Egan questioned::::f staff had responded to Attorney Gross. Public Works Director Toni Colbert stated that the City's position was made clear at the prior meeting. Page ll/EAGAN CITY COUNCIL MINUTES September 5, 1989 Mayor Ellison requested :::;recap of tbe;previous discussions. Mr. Colbert recapped the prev iiyt#is.•Counci3;:Aiscussions and the current staff report. He stated:::th;#�; R0*0 :.,AP-8 was on the Comprehensive Storm Sewer Plan. Fd:::!b lined the drainage district. He reported that 2.6 acre feet would meet the Kennealy drainage needs. He explained that the preliminary plat showed a rectangular pond of .92 acres necessary per the drainage and grading plans. He recapped Attorney Gross' conditi.ons,;and.,;ptaff's response. ti :::: ; : :' Mayor Ellison asked if the po5' was: ;consistent with past requirements. Mr. Colbert responded-''yes aea that it was less than some other developments. Councilmemt�er Ega::had questions regarding the excess drainage. Mr. Colbert.,stgted it:.-as not yet identified. Egan questioned if the City was:ng:,?szefl in. Mr. Colbert stated the City had several options including•'adquiring from Kennealy. Loren Gross (Attorney for Kennealy) referenced an April 10, 1978 letter from Ed McMenomy. He stated that the current dedication reduced the acreage of the property to 7.65 acres, including the road expansion. He felt 12% was.;,iiot a reasonable amount and informed the Council that the:::64—r-.::.had lost purchasers for the property. He referenced condition-u-mter::;4. regarding fencing. He stated that monetary compensatioa;:was -only a partial compensation. He felt the dedication could have:::been. taMa care of one year ago and requested the City treat hiszCii?it: airly. Councilmember Egan commehtiia'that the City was dealing with detailed engineering matters and acre feet. He felt the percentage was irrelevant and that the City should depend on the topography. Public Works Director Tom Colbert explained the minimum and maximum depth. City Attorney J.im;:::She.1d4 :. .eported that the City was entitled to "reasonable dedicat:a#'r::arid;:t##0r each City had its own guidelines. He explained that based::gn engjpeering data, the City could conclude that it was reasonable;: He tksrther explained that if the City believed each piece was rei�ebnabl�:" that the total dedication was reasonable. Mr. Gross informed the Council that Mr. Kennealy had already paid for the storm sewer assessment. Public Works Director Tom Colbert pointed out that the outlet to the storm sewer was provided. Mayor Ellison remarked that the.City had given firm numbers and that it was up to the owner to::A-eal with them and relay them to future buyers. Mr. Gross stated that the!:4': M0 is t:x giaeated was for high value land. He questioned the overland drainage.:Councilmember Wachter questioned the original size. Mr. Gross stated it was 25 acres and that most of it was taken for Highway 77.k,±:. Wachter felt that the pond could be an amenity to the property. Mr. Gross agreed but explained that Mini Storage did not need a pond. Mr. Kennealy Page 12/KAGAN CITY COUNCIL MINUTES September 5, 1989 reported that there was nowbdie near fivd:i:::F�eet of water in the :, past. Mr. Colbert stated that'..'. anticipating full development. Councilmember Gustafson asked what would prevent the owner from filling in a man-made pond. Mr. Colbert pointed out that the owner would need a fill permit. Councilmember Egan remarked that there did not seem to be Mr. Gross stated his client requested monetary:,cw.. Councilmember Gustafson concurred with legal counsel in tha.kt-;:;the "unt was reasonable. Egan moved, McCrea seconded, tbde moti= to approve and adopt staff recommendations and respor4sex.-AVG ross' letter dated August 23, 1989 as follows: 1. To be addressed and reviewed at a later date as it may pertain to a particular land use application. 2. The staff recommends that this property be responsible for its normal park dedication r ts irregardless of the ponding dedication issue. 3. The staff does not have:::objections,as long as the previously referenced elevations:�;jre als.o�bmplied with. 4. Presently, the City dd6i�:.:- t5t require the fencing of any ponding areas. The City shoula. f . lot assume the responsibility for other agency requirements. The staff does not recommend acceptance of fee title to a ponding area, especially if it is used for density calculations of development proposals. 5. The staff recommends:,,Pt-hatd:::the:-: - dedj-pation of the ponding area as referenced be as a c6fi2E-i and development approval and at no cost to the City,:::,::. All voted in favor. Mr. Gross informed the Council that the action before the Advisory Planning Commission was moot. He stated he wouldrequest-1 plat withdrawal and would be in contact with staff. FAIRWAY HILLS 1ST AND 2ND ADDITIONS/ REQUEST FOR COST PARTICI-ATION City Administrator Tom Hedgm%'."::J ''''ba he background PT"101-4-t;. t :a -:.ifi;e..46eeting for their information. He praised all pf-4"i1.t:t:: cooperation. He informed the Council that..a.t. the August 23, 1989 meeting, some issues were resolved. He co*6nted that the time commitment was tight but that the frontagd:'r"oad should be constructed this fall. He reported that the letter from Roger Derrick set forth the developer's estimate of its costs. He Page 13/EAGAN CITY COUNCIL MINUTES September 5, 1989 .... ..... referenced Jon Hohenstein's m6ft, dated As.ggst 29, 1989 in which staff's opinions were set fortii:;ie.regusted Council direction as to which option staff should puiri e:�:. e;:;:£ It it was a County issue and stated that the developer reed"' d'findings of the Council recommendation to the County Board. Mary Vujovich (Attorney for developer) stated that the facts were still colored. She stated; tisat:;;the;;:E......wHills was a DMS project. She explained thatj!?..... ''..proved the plans and requested staff produce the plans. -Mie exViXained that Camelback Drive abutted the service road. She"pointed'out that Fairway Hills 2nd Addition was developed by Brid1i*ilde Properties. She explained that Bridlewilde's plans were.:al.!p.Q pp ve# by the City which included the frontage road.S3 s:tiatee%:: letter from Mike Foertsch gave the project the go-ahead: She commented that the County had copies of the plans and that the retaining walls were not built for the development but were for surrounding properties. She stated the developer requested a say in the wall design and that the City asked the developer to satisfy the County. She pointed out that the County had provided the speciemations with the developer building the wall. She further stated tliati::;the.,City had asked the developer to redesign the frontage road and t3ist::he:..City then stopped construction. She felt it was a cQntractiial.matter between the developer and the City. She reque:Sted..,ttit dbsts incurred by the developer be included in the total:':c nifty cost. She reiterated that the developer relied upon the;;C ::-and requested that the Council support the developer's approii: to the County. Mayor Ellison asked Mr. Herrmann what his understanding was from the three hour staff meeting. Mr. Herrmann stated that the plan had been redesigned and that he was ready to act. Councilmember Egan requested`,:e4s3`uiterpretation of the rights and liabilities of the City.:He asked whether the City or the County was liable. City Attorney::i7im Sftaldon replied that the factual determination would make a i q dift rence in the legal analysis. City Administrator Tom Hedges explained that there were two main points (1) the City and developer agreeing on the road construction and (2) who would pay for the costs. He explained that the County road had been shifted and that the County admitted it had requested the shift. He felt there shbe some cost participation by the County due o that change. Mr. Herrmann felt that the wall and guard rail th,6 td"', 0 oii73 n paid for by the County. Councilmember Wachter Ask6d:-4'dh- iibtice had been received regarding the road change. Public Works Director Tom Colbert stated there was no formal notice as the change was: insignificant. Councilmember Gustafson pointed out that the: plans included the road and asked if the plans contained specifics regarding the road. Mr. Colbert stated that the first addition plans did not provide Page 14/EAGAN CITY COUNCIL MINUTES September 5, 1989 specifics and that it was del ted for th4 second addition. He stated the plans had details bit::. d n.Gt':2fave adequate dimensions for compatibility with the CouifCy::::7�iWt :;i#fie explained that the detailed wall plans were never subi Ift—ed. Councilmember McCrea asked if there was documentation in the file that the road design was inadequate. Mr. Colbert stated that the City had acted in the correct-way,;.and:•:#ad done nothing wrong. McCrea questioned if a probl6�}:::{VGt 32f: sFali*: Exist if the City had done the installation. Mr. Colbert::k*�spon�fl no, that the City would have worked with the County.:McCrea`44estioned why the City had not checked with the County tolsee if -:::ft- was compatible. Mr. Colbert stated that the develpper.-:- d4fd. it::4ould work with the County and that the developer....AW)expoc ed: to design the frontage road compatible with the County road. Councilmember Egan asked if the City had ratified the County plans and modifications. City Attorney Jim Sheldon stated that it was a very complex fact situation and that until the facts were resolved, the City should reftaiD from legal conclusions. Councilmember McCrea felt that:;:F':i:One,was at fault and that everyone should look for a win/wiri otite6me., Mr. Sheldon stated that it should be determined as to what facts:eKeryone agreed and disagreed on. He commented that a;: contrat? :?dispute was a factual dispute. City Administrator Tom Fledges informed the Council he would suggest continuing the matter but that it would delay the project. Mayor Ellison questioned why the road could not be built now. He recommended building the road and determining the cost later. Roger Derrick agreed with Mr. Sheldon regarding the facts. He informed the Council that the March, 19i$1aa was not available to him until December of 1987. He pafiitierl:autithat the development was complete by that date. Mr. Herrmann stated he felt the City ted in a fair manner. Mr. Derrick felt that the City did riot mak?sa mistake by approving the plan but that the County made mistakes':"He requested a fair outcome.. Mayor Ellison commented he felt that common sense said the City should not pay for what others would:bave paid for anyway. He asked where the line should be drawn. He 3e arked that there were differing opinions between the two conflicting engineers. Councilmember Gustafson poYteii::ott::tiiat the developers had utilized the plans that had been approved;P.y. the City. He felt the City was not involved and that the County:was responsible for the changes. He felt the decision was between:' e developer and the County and that the City did not have authority in the matter. He felt a recommendation should be that it is not a City problem and a Page 15/EAGAN CITY COUNCIL MINUTES September 5, 1989 ....... ...... ............................ request to the County to res6j-�.� the probj--,6in by a certain date. Councilmember McCrea concurred. -:*:....h Mr .-"tafson and recommended the County determine its McCrea moved that the developer go to the County and that the City recommend the County assume 100% liability for the wall and guardrail only. Councilmember Egan stateA:::'t.bAitl::::i::::.iiis6lition should not impede the project and felt there were three part;Ws involved. He remarked that it was primarily a problem between thie""'developer and the County. He felt the City was not qua! -if ied::to determine the developer engineering quality.... Hs.-:P.idp.qaed:i:-A nominal involvement by '9::::. the wall and guardrail the City and that the County 6.Wal, 0C.A... only and that the City be involved up He felt the County and the developer should assume the majority of the cost. Councilmember McCrea recommended requesting the County to reimburse the developer. Mayor Ellison pointed out the City should not attach dollars until the County decided its liability. He favored inclusion in the project. Couhbl]member Gustafson felt the County must make its decision. mayoi::1-1'ton felt the County should decide its liability and that the City o.4..assume its share. Councilmember Egan requesteC�su , bmjtit:J-hg a percentage to the County as reports could drag Herrmann requested a positive note from the City Cp.=3�41'' Mr. Egan pointed out that it was what the Council was atteiiiii-ing. Councilmember McCrea suggested the Council submit a positive report supporting the position that the developers were caught in the middle. Public Works Director Tom Colbert stated that staff would submit a positive report upon direction by the Council. Councilmember Egan recommended the County participate up to 50% of the negotiated amount with the developer and the other 50%. He felt the City should not assume 45%. Mr. Colbert stated that the City would reimburse the County 45% of the County cosi.:::by contract. Councilmember Gustafson remarked thit::: the .0.i*unty owed money and it should pay and that the amount should--: be wbtked out between the developer and the County. Mr. Colbert statiia* that the developer wanted the County to pay with the City paying its fair share. Mr. -- Herrmann agreed with Mr. Colbert's statement and informed the Council it would begin construction in the morning. McCrea moved, Egan seconded, the motlli:i- to recommend that the County determine its liability and .. f-urther"'Approve payment by the . . .............. 0 t.: City of 45% of the cost based::.=' cost split, with staff '' d in favor. to provide supporting documen a' 11 6 STRATFORD OAKS/SPECIAL ASSESSM City Administrator Tom Hedges updated the Council regarding the matter. Page 16/EAGAN CITY COUNCIL MINUTES September 5, 1989 Dan Dolan (Eagan 40 Limited Partnership) informed the Council he was a general partner of tiiv::::iandowne::Iie reported that the past assessments were deferred''." :::tb'O: property developed. He pointed out that the landowner was': tia#a£i3e to sell the 2.2 acres because they could not split the lot. He explained that $35,000.00 was the amount agreed upon between the landowner and the City. He stated that Trammel Crow should close before the end of the month. He pointed out that no benefits...hgd.,been., received on either project. City Administrator Tom Heges'##Crinerl::the Council that the matter had been discussed at the sta'f'f mek'ng and that an alternative to Gene Vanoverbeke's memo dated August 28, 1989 would be to enter into an agreement with. 0w Hooton. The developer commented that it would pay tkie:::izticsia];3iut not the interest and penalty. City Attorney Jim She'": .i poiiit�$ out that the interest and penalty could be deferred. Wachter moved, Egan seconded, the motion to approve a request by Dan Dolan to abate assessments that are now levied against Lot 1, Block 1 and Lot 1, Block 2:;.:;:Stratford Oaks Addition, in the amount of $231,163.88 as shown"': o i::Kaiver of Hearing 00263, with the reassessment to be considered 4ith.:i�s*g4ent development proposals. All voted in favor. Egan moved, Wachter seconded'::.:.the:::nN6t16n to approve a request by Dan Dolan to abate the pena:}ties::ifid interest for special assessments in the principal aiaptint of $35,000.00 as shown on Waiver of Hearing 220 for the Stratford Oaks plat. All voted in favor. ORDINANCE AMENDMENT/CHAPTER ll/INTERIM USE PERMITS City Administrator Tom H0400j::-:. XP., as i # the ordinance amendment proposals to the Council. .. Councilmember McCrea had questioAs ant':::concerns regarding the termination of a use. City Attorney: -'m Shg"�lon informed the Council that based on new legislation, the`':City should have a tool in place for a unique situation. Councilmember McCrea recommended -- the addition to the proposed ordinance stating that all permits would be reviewed annually. Mayor Ellison questioned how interim U$p permits differed from special use permits. Mr. Sheldon explained -,:that interim use permits are land associated as opposed::to::::ceratq:ariented as in the case of special use permits. Commui i411+..":5ei a ?Tent Director Dale Runkle pointed out that it was a very unique measure.. McCrea moved, Egan seconded, the motibh'to approve the ordinance amendment to City Code Chapter 11 that allows for interim Page 17/EAGAN CITY COUNCIL MINUTES September 5, 1989 use permits subject to the inp:iusion of a;:.VAragraph stating all interim use permits will be re sewed annU-411y. All voted in favor. BRITTANY 10TH AT)bI�47 AkLARATION/ DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom Hedges presented the background information to the Council. ........... Carl Tollef son (developers`) "� fiftirme t Council that the proposed resolution was for the most:part::Untrue. He stated that the actual development was completgd;;in 19.88. He felt that the water and sewer contractor did not::A6. a c6.0i Tete job. He informed the Council that the contractor:; t Ebb iii::: tit;::return and therefore he was going to sue the contract tir :::He stated he had reviewed the punch list in April and that Erickson had completed the list in May. He informed the Council that Erickson was completing the new punch list at the present time and that it should be completed in the present week. He questioned what was meant by future road and pointed out that John Brown still owned the property. He stated that the only item left would:.:bk::::tk�.g. final lift of the blacktop. Councilmember McCrea had questions regarding the percentage sold and the debris. The developer resppn.4e.i that 65% to 70% had been sold. Public Works Director;;'�'om::�p_lb6ft explained that the debris was from the developanet;,:::l6eyorEllison questioned continuing the matter to the 4ext Council meeting. The developer stated the work would be completed by that time. Public Works Director Tom Colbert recommended approval of the declaration of default. Councilmember Egan agreed with Mr. Colbert. City Administrator Tom Hedges pointed out that there was still a shortage in the escrow account,.:.;:Mz..:;:T,ollef.son requested the reduction of the Letter of C;C::es:::tiie::Ieirider would not advance the funds for the escrow. Egan moved, Wachter seconded, rte mot 0A to declare Brittany Estates, Inc. in default of the deve7'Cpmen::agreement for the Brittany 10th Addition and to authorize the::`execution of a resolution, subject to a two week delay with the escrow being paid immediately; if the default is not cured within two weeks, City staff is authorized to proceed with appropriate actions. All voted in favor. .... VISITORS TO BE HEARD:-: SELA : PIJcN'T' ::': John Wesley had concerns regarding t1 :::DNR permit for -the Seneca Plant. He stated the City could regsiEst a public hearing. Mayor Ellison reported that he would be notified when City staff and the City Attorney had reached a conclusion. Page 18/EAGAN CITY COUNCIL MINUTES September 5, 1989 City Attorney Jim Seneca hearing. memo regarding the City Administrator Tom Hedges informed the Council that there was a serious erosion problem at Stafford Place and that City staff had cleaned up a portion of the debris. Mr. Hedges also updated the at the zoo and stated that Eagan ing the amphitheatre concerned. Mr. Hedges reported to the Council that Terrell Towers had been in contact with him regarding a commitment from the City for tax increment financing for a computer chip manufacturer (U.S. Memories). He discussed the company's future plans and stated that the State would participate:iiAt:;;requested City participation first. He pointed out that there were::t*;Q:::tpa;in issues, one being resolving an intention to finance the expaiisiozi:::.W :th the package due September 15. He stated an econot9ic deV4j;opment district must be created with a public hearing a6d tb®;:46.61'ig issues being handled. He stated that the zoning was . .Yiiper:'£ri The Waters. He stated that the City could resolve to con's'i. i M.the matter. He pointed out that U.S. Memories had made no coiitifiitment. Councilmember Egan stated that Mr. Towers had contacted him last week. Mr. Egan felt that a semi -conductor facility would be ideal and that TIF funding would not be necessary until phase two or three. He pointed out that Unisys may layoff in October. He felt that the City should examine the matter. Councilmember McCCatd::t1iEZ City needed further information. Mayor Ellison exgla iieii that: -:the Council had no plan to review and felt that the State triad a pie -in -the -sky future hope. He felt it seemed dangerous and prwgature:;::::Councilmember Egan remarked that someone had dropped the bal ::at the State level. City Administrator Tom Hedges described''the Stte communications and stated he agreed with everything the Council members had stated.__ Councilmember Egan pointed out the Council could only offer t consideration and that it could agree to a public hearing. Mr. Hedges agreed. Egan moved, Gustafson seconded, the 1e0. ion to consider the use of TIF for the U.S. Memories propq.Sal..if..... d when an application is received to develop within All voted in favor. RAHNCLIFF CROSSING/BURGER•;3CSNG SIGN Community Development Director Dale Runkle reported that the signs on Rahn Cliff for the Burger King were switched. He explained that the monument sign would;be,eliminated.•;,if the City would allow the Burger Ring sign to remaiEi::;;Councilmsrsl�ier McCrea felt that a notice of violation should be" Burger Ring. Councilmember Gustafson asked far:::i1ti;3:ocation of the pylon sign. Mr. Runkle pointed out the location. Egan moved, Wachter seconded, the motion to direct staff to notify Burger Ring to remove its sign. All voted in favor. COUNCI'1;*-'DIS STON*::i Councilmember Wachter had concerns regarding airplane noise. He suggested placing a monitor on,th,*.Un1.S-?s site. Councilmember Egan felt the monitor should .be .$ l ceQ:: a : -"he Timberline site. CHECKLIST Wachter moved, Egan checklist dated September All voted in favor. seconded, the motion to approve the 5, 1989 in the amount of $1,057,653.23. The September 5, 1989 11:30 p.m. was adjourned at CITY OF EAGAN . .:: J-.:.VanOverbeke M K1A vs, TO: CITY COUNCIL OF THE CITY'OF EAGAN As the owner of property Doodle Road in Eagan, I object to the final assessment propo's'e for Project No. 427 for streets and storm sewers as it relates to my property. I object to the storm sewer lateral assessment. I also object to the street assessment to the extent that it exceeds the amount proposed for 6 assessment pursuant to the staff•::iecommendd;tion of January 16, 19811, a copy of which is attached ta::3Yzs:tter The proposal was that only 100 feet of frontage of my property 6. assessed at this time and that the assessment be made at the'rate of"$20.54 per front foot for the 100 feet of the home site. It vj�; propG$ed that the remaining 290 feet of frontage not be assessed::.g it:3;1.,re.�'-ning or development to a higher use. The staff recomme►Yslaionaa:$;::ripproved by the Special Assessment Committee on Janua=y 16, 198'6. Vp.ry truly Donald Sandt DS:kjh Enc. • i •1I � i 1 L September 5, 1989 Dear City Council: We are objecting to the Project 427 Final Assessment for the following improvements;;:::;:.;.;. StreetStogy:&,a war Water Services:�raffic,Si$nil Trail Storm Sewer Trunk Items are assessed against:''parcels 10-72995-010-01 and 10-72995-020-01, otherwise known as Surrey Gardens. 14661 Chicago Avenue South BumsvWe, MN 55337 (612) 432-8240 RAREIL REALTORS 1020 EAST 146th STREET ........... ........... ................... ................. ........... • iWITE 240 MEMBER "MLS" . . - September 5, 1989 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Project 427 Dear City Council: We are objecting to t following improvement Street Water Services Trail Storm Sewer Trunk (6121432.8131 BURNSVILLE. MINNESOTA 55337 INSURANCE Project 427 Final Assessment for the Sewer Lateral is Signal ents Items are assessed agai'n's't the Bunker Hill Apartmenrs, otherwise known by the Property I.D. # 10-41300-120-01. Sincerely, Bunker Partner KA/ram is I I� C 0.10\Q co wv' , ✓ S -a, a te. TcA .. a —/ �.,.�.� Q_OA Po w� _l