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10/17/1989 - City Council Regularr AGENDA REGULAR MEETING KAGAN CITY COUNCIL EAGAN. MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 17, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6: PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FINANCE DEPARTMENT 1. Resolution to Issue General Obligation Improvement Bonds, Series 1989A P 2. Resolution to Issue General Obligation Equipment Certificates, Series 1989B IV. 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS RESOLUTION, Proclaiming November 14 as Eagan and Burnsville Public Access Volunteer Appreciation Day PLUMBERS LICENSES LICENSE APPLICATION, Amusement Devices for Grand Slam/3984 Sibley Memorial Highway RECEIVE BIDS/AWARD SALE, Unit #114, 1980 Ford F350 Pick -Up CONTRACT 89-17, Receive Bids/Award Contract (Northview Parking Lot Construction) CONTRACT 89-23, Receive Bids/Award Contract (Bituminous Trails) RECEIVE SIDS/AWARD CONTRACT, 1990 Snow Removal Services PROJECT 443, Reschedule Final Assessment Hearing (Robert O'Neil Storm Sewer) CONTRACT 89-24, Receive Bids/Award Contract (Stratford Oaks - Storm and Sanitary Sewer) CONTRACT 89-25, Receive Bids/Award Contract (Austen Rd -Streets 6 Utilities) AGREEMENT, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road and Diffley Road) VACATE Ponding and Utility Easement (Lexington Parkview Addition) CONTRACT 88-30, Approve Change Order #1 (South Oaks - Storm Sewer) CONTRACT 86 -NN, Final Acceptance (Chatterton Ponds - Streets and -Utilities) CONTRACT 87 -KK, Final Acceptance (Chapel Hill Baptist Church - Storm Sewer) CONTRACT 87 -RR, Final Acceptance (Philadelphia Carpet - Water Main and Storm Sewer) CONTRACT 87-H, Final Acceptance (Lone Oak Drive - Streets) CONTRACT 88-Z, Final Acceptance (Hosford 1st Addition -Streets and Utilities) CONTRACT 87-26, Approve Final Payment/Acceptance (Wescott Road - Surfacing) FINAL PLAT, Stratford Oaks FINAL PIAT, Hills of Stonebridge, Plat 2 FINAL PLAT, Remick Addition FINAL PLAT, Town Centre 100 Fifth Addition (Waterford Apartments) FINAL PIAT, Eagan Evangelical Church V. 7:00 - PUBLIC HEARINGS (SALMON) p 3� A. PROJECT 536, Final Assessment Hearing (South Oaks Add -Streets & Utilities) U IJ B. PROJECT 514, Final Assessment Hearing (Duckwood Dr -Streets and Utilities) . d7.4,yC. PROJECT 552, Final Assessment Hearing (Eagandale Industrial Park 3rd Addition - 'I'/ Utilities) y P 4D. PROJECT 529, Final Assessment Hearing (Cliff Lake Ctr-Streets & Utilities) e'46E. VACATE Public Right -of -Way (Lexington Way @ Lexington Ave.) To be Continued to the November 9, 1989 City Council Meeting ! F. VACATE Public Right -of -Way for Ches Mar Drive south of Cliff Road G. PROJECT 545, Final Assessment Hearing (Clearview Addition - Streets) pa VI. OLD BUSINESS (ORCHID) Pi A. REVIEW Default of Development Issues - Stafford Place �3'� B. DEFAULT Resolution for Brittany 10th.Addition �46C. AMENDMENT, City Code, Chapter 13, Adoption of Park & Trail Dedication Policy PcOD. DAKOTA COUNTY STATE BANK, Request to Waive Assessments on Property Located at the ` Southeast Quadrant of the Deerwood Dr and Blackhawk Dr Intersection PVII. NEW BUSINESS (TAN) tqoA. FOOTING/FOUNDATION PERMIT, Eagan Evangelical Covenant Church, West of Lexington Road, East of Lexington Way, in SW 1/4 of Section 23. B. ORDINANCE AMENDMENT To Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities C. LICENSE RENEWALS, 1990 Liquor License Renewals D. REQUEST, Special Hunting Season Permit, Dan Friendshuh, 8609 Lyndale Avenue South, Suite 200, Bloomington `-ICIE. CONDITIONAL USE PERMIT, Loomis Inc., to Allow Outdoor Storage on Lot 5, Block 2, �•�� Halley's Addition Located Along Biscayne Ave in SE 1/4 of Sec 36 F. WAIVER OF PLAT, Theodore Waldor, to Split Lot 3, Block 1, Sibley Terminal Industrial Park Located Along Terminal Drive in the E 1/2 of Section 8 (G. PLANNED DEVELOPMENT AMENDMENT; P Tri -Land Partnership, to the Lexington South Planned Development to Allow a Commercial Center with Recreational Uses Located at the SE Intersection of Diffley Rd and Lexington Ave in the NW 1/4 of Section 26. VIII. ADDITIONAL ITEMS (GOLD) IR. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO.BE HEARD (for those persons not on agenda) %I. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1989 SUBJECT: AGENDA INFORMATION FOR OCTOBER 17, 3.989 CITY COUNCIL MEETING After approval is given to the October 17, 1989 City Council agenda and to regular meeting minutes for the October 3, 1989 meeting, the following items are in order for consideration. eA�P�t� '�A13,�LTB:.SS A. FINANCE DEPARTMENT Item 1. Resolution to Issue General Obligation Improvement Bonds, Series 1989A --The Director of Finance and City Administrator are recommending the sale of $9,325,000 of General Obligation Improvement Bonds to finance 33 separate improvement projects for various public utility and street projects constructed during 1988/1989. Of the total 33 projects, 21 of the projects have already been assessed and the remaining 12 projects will be assessed in 1990. There is a call provision as early as February 1, 1996. The City is currently rated A-1 by Moody's and A+ by Standard and Poors and Springsted does not anticipate any change in the ratings at this time or need for the staff to make a presentation to either of the rating agencies. A public sale date is proposed for Tuesday, November 14 at 2:00 p.m. A special City Council meeting will be necessary for either 5:00 P.M., if there is no work session scheduled that evening, or 6:30 p.m. if a special City Council meeting is scheduled for a workshop session. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution to issue General Obligation Improvement Bonds, series 1989A in the amount of $9,325,000 to finance certain public improvement projects. Item 2. Resolution to Issue General Obligation Equipment Certificates, Series 1969B --As a part of the 1989 budget adoption and equipment revolving fund was established for the purchase of certain capital equipment during 1989 as authorized by the City Council. The Director of Finance and City Administrator are seeking authorization to provide for the issuance of the General Obligation Equipment Certificate in the amount of $290,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization of General Obligation Equipment Certificates, series 1989B in the amount of $290,000. NOTE: Enclosed without page number is a letter explaining the two (2) bond issues along with the attached number sheets for your review. The Director of Finance and City Administrator have reviewed these documents in detail with Springsted and find the information to be accurate on behalf of the City. Agenda Information Memo October 17, 1989, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Receive Petition Requesting Traffic Signal (C11fRoad'@ Beacon Hill Road) --Enclosed on pages ,3 through / _ is a petition received by staffrequesting the installation of traffic signals at the intersection of Cliff Road (County Road 32) with Beacon Hill Road/Thomas Center Drive. Enclosed on pagesL 1` is a letter of response from the Director of Public Works informing them of the appropriate staff action anticipated with Council's review of this petition at the October 17 meeting.. If any action beyond that identified in staff's response letter is desired,, it should be directed to staff as a part of consideration of this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To traffic signals at Cliff Road and Beacon staff to prepare the appropriate traffic with Dakota County. J receive the petit -ion for Hill Road and authorize studies in conjunction f Doer %r Ct� .✓ems:,, �o PF r J e inn/ f+e/ ewe c ej(-a1 G� �r o _S 74 074 C/,q,foa Gin Vie. c/oli„fy W;// � f�f°2re✓,74e� w; X11,-�f�E At �i(� �G�1r� o� 5/T•( �,•��,-f'lio�flb' /'�;`e�inl:T . C�/./i/ T/' •Ci eP 1 �v" /�� /�^ f �E C�[l'.w n/ y — 1:.- r 7� /'7Lfa y r��/t� ryf 1✓)e'7Lar 4V ��•S % / ��/P f� 9e 7' Co ope x /p rC- /-n4j Gr L70 ///� Q C04r ac// anC•/ VL WC:1.)d Alk /1 ��"(en7 e✓ of f�E OGi�tJ�le.^ /%=� Imee74"in4., 17 yCGI /a,/(' cj/PGc W,�� undr"tf.,a /.12 Ser,owrnetS I T �E /'/li•7�i Cc/. Traffic Lights for Cliff Road and Beacon Hill Road Intersection. Please.understand the seriousness of the people that have signed and organized this petition. There are some very busy people that have taken time to organize this because they feel that a serious safety problem exists at this intersection. Those that went from door to door to get signatures found many people grabbing the clipboard from their hands and telling them that they did not need an introduction to this problem. Although people were generally pleased to have the new shopping center put in at the intersection, they were angered and puzzled that traffic lights were not included.. Although the petition focused on people in the Beacon Hill neighborhood, many children from the Brittany area( just south of Beacon Hill) are also crossing Cliff Road at this 'intersection. Points to consider: 1. Not one resident refused to sign this petition. There is complete unity on the need. The only addresses missing are ones where people were found not to be home. 2. 165 signatures from Beacon Hill area.Read the heading on the petition sheets and you will note that it is not mildly worded. These are ,serious people. 3. Every business located in the Thomas Lake Shopping Center signed and fully supports this need. Many already have their own "tales of horror" concerning close calls seen at this intersection. A separate petition contains these signatures. 4. Neighborhood children are crossing Cliff Road to use the center stores. It's only a matter of time before there is a tragedy. Common sense and children's nature tells us that kids will not hike down to another stoplight to cross. They will cross where the access is quickest, which is this intersection. While traffic lights do not assure safety, common sense also tells us that children, while using proper caution, can cross much safer with the presence of them. 5. Trying to cross or enter Cliff Road during the rush periods of the day is indeed an experience for a Kamikaze driver. People are waiting a prolonged period of time to find an opening in traffic and still taking risks unacceptable. 6. Awareness that you can't have the best of both worlds. Nobody likes too many stoplights. But if a shopping area is put in across from a neighborhood area, it is needed if the road is a busy one. With all the new shopping centers and access to both 35E and Cedar Freeway, Cliff Road has become the main artery in Eagan. The reopening of Diffley Road will not create a significant change in traffic. That is a fact. 7. This intersection is wired for lights. The taxpayers and businesses feel strongly about the need for them, so let's do it. We are not interested in traffic studies. 4 We, the undersigned business establishments of Thomas Lake Shopping Center, strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road -Thomas Lake Center Drive. We believe this is a safety issue for pedestrians and vehicular traffic. Many young children are crossing Cliff Road from the Beacon Hill area to reach our stores. Lljz�`61, /s-75 7 /-I I/ i A L Lcu.� -e 7k 4( AV S C1167e k� We, t',e undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only vary dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road.will have significant impact changing this. With all the new shopping arEas on Cliff Road, it has become the main artery in Eagan. Name Address DMI 7.'y. y � U 7W".rA__ 7. 21 4.4 1� ra S%t (. v E GtW 5_17 Z Z R? acen Iii �I c + f�ia[�r�iV' V�vV• SS �� / No),W?41 I l KAX _ �� Zti S✓`l�.I- fz7-- r p S s'ia a. rn PN 5-51Z2_ ss� Li N 7Qe, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at- .z. intersection of Cliff Road and Beacon Hill Road :"bo ae Lake Center Drive. This intersection is not only :er dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous _or cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have siJnificant impact changing this. With all the new shcpping areas on Cliff Road, it has become the main artery in Eagan. Address // _. �� >� �,.�. Com• _ _ �/3 .��:�.�,� . 17 An q SCA j — ` &C3 H_ ��.s_._. /CTo_,, � ----- � Ste; �, La �� : � rlr�• �`�r^ We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areae on Cliff Road, it has become the main artery in Eagan. Name Address I We, the undersigned residents of the Beacon Hill area (Eagan)., strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars. attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas cn Cliff Road, it has become the main artery in Eagan. Name Address .a-_ IV, :;e 1-LLL_w) t, "i7 iL( Qjl ).&L, (f r:` I We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new stopping areas on Cliff Road, it has become the main artery in pagan. cD We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights z+, the intersection of Cliff Road and Beacon Hill Road- Thomas, Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in Eagan. Name Address 3. 24. 25. We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of -Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely.dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diff -ley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in. Eagan. Name Address F 16. 5. M We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. Thisiintersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in Eagan•. Name Address 7 19. 20. 29 �3 of 3830 PILOT KNOB'ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 454-8100 FAX: (612) 454-8363 October 12, 1989 VIC ELLISON Mgoi THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Cd lMBTO¢rs THOMAS HEDGES C�yAtlmUti WM1 EUGENE VAN OVERBEKE Cuy Cwk MR MATT JACOBSON 4785 BEACON HILL RD EAGAN MN 55122 Re: Petition For Traffic signals, Cliff Road & Beacon Hill Road Dear Mr. Jacobson: On October 10, the petition submitted to Ms. Judy Jenkins was forwarded to my attention for review and comment. As you had requested, this petition will be forwarded to the City Council as a part of their October 17 Council agenda. It is anticipated that the City Council will not be able to take immediate action to this request without having sufficient research performed by staff to evaluate the -following factors: 1. Current and potential hazards at this intersection. 2. Historical accident analysis. 3. Cost estimates and alternative methods of funding. 4. County position due to its jurisdictional authority. While I realize that you may not be interested in traffic studies,, they are necessary to ensure that the limited tax dollars available are allocated to those projects that provide the greatest benefit to the community as „a whole. Subsequently,, long-range capital improvement programs are formulated based on identifiable needs and their prioritized urgency, both of which result from detailed technical studies. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirm a)ive Action Employer Page 2 Please be assured that the City Council and staff recognize the concerns expressed by you and your neighbors. S would like to assure you that the City will evaluate this intersection and provide you with the results of those studies. Based on the fact that there are so many people involved with this petition that precludes our ability to inform each of them individually, this letter and future information will be forwarded to your attention for distribution to your concerned neighbors. T appreciate the concern that you have expressed regarding this problem. Sincely, /fInlu Kl Lc Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc': Pete Sorenson, Dakota County Traffic Engineer Arnie Erhart, Superintendent of Streets Mike Foertsch, Assistant. City Engineer Agenda Information Memo October 17, 1989 City Council Meeting There are twenty-five (25) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Worker --This item is informational and no action is required on the Council's part. Seasonal park maintenance workers have been resigning in order to return to their various schools. In order to fill vacancies in a timely manner, the City Administrator has authorized the hire of Gary Vierow, as a seasonal park maintenance worker for the current season. No action is required on this item. l�q Agenda Information Memo October 17, 1989 City Council Meeting RESOLUTION/EAGAN'AND--BURNSVILLE ACCESS VOLUNTEER APPRECIATION DAY B. Resolution, Proclaiming November, 14 as Eagan and Burnsville Public Access Volunteer Appreciation Day--The.Cable Commission is planning the third annual local access volunteer appreciation day to be held on Tuesday, November 14,, 1989 fr= 6:30 to 9?:00 p:,m. at. the Cable 'TV North Central local access facility at 4155 Sibley Memorial,Highway in Eagan. Representatives.of both city councils are invited to attend and participate. The event itself will be sponsored jointly by the cable company and the Burnsville/Eagan Cable Communications Commission. The Commission requests that the City officially proclaim November 14 as Local Access Volunteer Appreciation Day. A resolution reflecting this action to be prepared by staff will be included in the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim November 14 as volunteer appreciation day.. lI Agenda Information Memo October 17, 1989 City Council Meeting PLUMBERS LICENSES C. Plumbers Licenses --The following are plumbers licenses which have been reviewed and meet all regulations of the City Code and are submitted for approval. 1. Wayne Dauwalter Plumbing 2. Cliff Fadden and Sons 3. Hillcrest Plumbing 4. Lamb Mechanical 5. Palma Plumbing and Heating 6. L.M. Vesey Plumbing Company ACTION TO BE CONSIDERED ON THIS ITEM: To approve the six (6) plumbers licenses as presented. AMUSEMENT DEVICES/GRAND SLAM D. License Application for Amusement Devices for Grand Slam --The City has received an application for in excess of 15 amusement device machines for Grand Slam located 3984 Sibley Memorial Highway. The business is described as a mini -golf amusement center. The Police Department has signed off on the amusement device application request. The amusement device company is Theisen Vending Company located at 3800 Nicollet Avenue, Minneapolis. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amusement device application for Grand Slam. NOTE: It was anticipated that an application for amusement devices for Pockets Billiards would also be included with the City Council agenda. Apparently, their application fee has been paid to the City but the application processing was not in order for this agenda and will be placed on the November 9 City Council agenda. BID AWARD/SALE OF UNIT #114 E. Receive Bids/Award Sale, Unit #114, 1980 Ford F350 --The Unit #114, a 1980 Ford F350, 351 V8, automatic transmission, fiber glass utility box with 78,000 miles has been declared as surplus property and a public notice was published requesting sealed bids on the sale of this equipment. The bid opening was at 2:00 p.m., October 11 and only one bid was received. The bid was considered too low and was rejected. The vehicle will be readvertised and rebid. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the readvertising of Unit #114, 1980 Ford F350. is Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT 89-17 F. Contract 89-17, Receive Bids/Award Contract --Sealed bids will be opened on Monday, October 16 for the installation of parking lots and bituminous trails at Northview Park. Because of the timing of the bid opening and the Council meeting of October 17, the actual bidders and the amount of the bids will be presented with the Administrative packet. ACTION TO BE CONSIDERED ON THIS ITEM: To award improvement contract 89-17 to the lowest acceptable bidder. CONTRACT 69-23 G. Contract 89-23, Receive Bids/Award Contract --Sealed bids will also be opened on October 16 for the installation of bituminous trails. For the same reason as the previous item, the bids will be submitted to the City Council as a part of the Administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To award improvement contract 89-23 to the lowest responsible bidder as presented. l� Agenda Information Memo October 17, 1989, City Council Meeting BIDS/AWARD CONTRACT/1990 SNOW REMOVAL SERVICES H. Receive Bids/Award Contract (1990 Snow Removal Services --At 2:00 p.m., on October 12, 1989, formal quotations were received for the contractual snow removal services for the 1989-90 snow removal season. Enclosed on pages * through * is a report from the Superintendent of Streets/Equipment evaluating the bids received and providing a recommendation for Council's consideration. Further review will be performed to ensure compliance with the City's bid specifications and any changes or additional concerns will be specifically addressed on October 17. Otherwise, it is recommended that the Council receive these bids and award the contract to the lowest responsible bidder. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the bids for 1990 Snow Removal Services and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. *Note: The above-mentioned report will be included with the Additional Information Packet on Monday. c) Agenda Information Memo October 17, 1989, City Council Meeting RESCHEDULE FINAL ASSMT HEARING/ROBERT O'NEIL - TRUNK STORM SEWER I. Project 443, Reschedule Final Assessment Hearing (Robert O'Neil --Trunk Storm sewer) --On September 15, 1987, the final assessment hearing for Project 443 was held. At that time, the City received a written objection from Robert & Grace O'Neil pertaining to the trunk area assessments. Based on the then current litigation pertaining to the rezoning of the property and the condemnation of the ponds under this project, Parcel 10-01000-010-77 owned by the O'Neil's was deleted from the final adopted assessment roll until the litigation could determine the proper zoning assessment category. With the zoning and the condemnation issues being resolved, it is now appropriate to proceed with rescheduling the final assessment hearing for this project as it pertains to this parcel. While it is anticipated that the property owners will continue with their objection, the Council must formally adopt the assessment before they can file their court appeal. This property owner has formally appealed the special assessments associated with the upgrading of Yankee Doodle Road under Project 461. It would be desirable and economical to address both assessment appeals under one combined action. ACTION TO BE CONSIDERED ON THIS ITEM: To reschedule the final assessment hearing for Project 443 (O'Neil - Trunk Storm Sewer) for Parcels 10-01000-010-77 for November 21, 1989. RECEIVE BIDS/AWARD CONTRACT/STRATFORD OARS J. Contract 89-24, Receive Bids/Award Contract (Stratford Oaks - Storm & Sanitary Sewer) --On October 16, 1989, at 10:30 a.m., formal bids were received for the above -referenced contract. Enclosed on page * is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on September 6, 1988. All bids will be reviewed for their accuracy and compliance with bid specification requirements and any deviations will be presented at the Council meeting on October 17. Assuming there are no problems associated with these bids, it would be in order for the Council to consider contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89-24 (Stratford Oaks - Storm & Sanitary Sewer) and award the contract to the lowest responsible bidder. * The tabulation of bids received will be included with the Additional Information Packet on Monday. Agenda Information Memo October 17, 1989, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (RUSTEN ROAD) R. Contract 89-25, Receive Bids/Award Contract (Ruston Road - Streets i Utilities) --At October 16, 1989, at 11:00 a.m., formal bids were received for the installation of streets and utilities under the above -referenced contract. Enclosed on page * is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on September 5, 1989. All right-of-way and easements necessary for this project will be dedicated as a part of final plat approval for the Thomas G. Slater Addition, which is scheduled for approval on this agenda. All bids will be reviewed for accuracy and compliance with the bid specification documents and any deviations will be addressed at the Council meeting on October 17. 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89-25 (Rusten Road - Streets & Utilities) and award the contract to the lowest responsible bidder. * The tabulation of bids received will be included with the Additional Information Packet on Monday. E Agenda Information Memo October 17, 1989, City Council Meeting APPROVE TRAFFIC SIGNAL COST PARTICIPATION AGMT BLACRHAWR ROAD & DIFFLEY ROAD L. Project 580, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road & Diffly Road) --As a part of Dakota County's ongoing Capital Improvement Program, it is proposed to install traffic signals at the intersection of Blackhawk Road with Diffley Road (County Road 30). An evaluation of unsignaled intersections throughout this City indicates that this is the highest priority with 12 accidents being recorded in the last three years, 8 of which have involved personal injuries. In accordance with past policy, signals installed at County/City intersections are financed through a 50/50 cost participation between the two agencies. Dakota County has prepared the appropriate Cost Participation Agreement which is being presented to the Council for formal ratification. This agreement has been reviewed by the Director of Public Works and City Attorney and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the traffic signal Cost Participation Agreement for Project 580 (Blackhawk Road & Diffley - Signals) and authorize the Mayor and City Clerk to execute all related documents. a3 Agenda Information Memo October 17, 1969, City Council Meeting VACATION/LEXINGTON PARKVIEW ADDN M. Vacate Ponding & Utility Easement (Lexington Parkview Addition) --Prior to the platting of the Lexington Parkview Addition, a ponding and utility easement was dedicated to the City of Eagan by a legal Metes and Bounds description based on the natural topography in the area. With the subsequent development, grading and platting of the Lexington Parkview Addition, this ponding easement limit was redefined and reconveyed as a part of the recorded final plat. However, the underlying original larger ponding and utility easement was never vacated. In order to correct this apparent overlap, it would be appropriate to schedule a public hearing and vacate the original underlying ponding and utility easement described as Document 756659 at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule a public hearing to be held on November 21, 1989, to consider the vacation of ponding and utility easement Document 756659 within the Lexington Parkview Addition. a� Agenda Information Memo October 17, 1969 City Council Meeting APPROVE CHANGE ORDER #1 -SOUTH OARS CONTRACT 88-30 N. Contract 88-30, Approve Change Order #1 (South Oaks -Storm Sever) --Near the end of the construction of streets and utilities for the South Oaks Addition, the staff received complaints from several property owners pertaining to the ongoing erosion near the storm sewer outfall on the south side of Hay Lake within the South Oaks Addition. Subsequently, it was determined that it would be appropriate to have the storm sewer outfall line extended to the lake elevation to minimize future erosion and to have this cost included as a part of the final assessment obligation of Project No. 536 which is scheduled for public hearing later on in the agenda. This additional storm sewer work should have originally been performed when the storm sewer was installed in the late 70's. The cost of this Change Order is $5,225.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-30 (South Oaks -Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT #86 - FINAL ACCEPTANCE-CHATTERTON PONDS O. Contract #86 -NN, Final Acceptance - Chatterton Ponds -Streets and Utilities --The improvements installed privately -under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 86 -NN (Chatterton Ponds -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. ad Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT #87 -RK FINAL ACCEPTANCE -CHAPEL HILL BAPTIST CHURCH P., Contract #.87 -RK, ,Final Acceptance - (Chapel Hill Baptist Church -Storm Bever and Utilities) --The improvements installed privately under the above -referenced project have been completed; inspected by Public Works personnel and found to -be in order for final acceptance subject to appropriate warranty provisions.. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87 -KK (Chapel Hill Baptist Church) for perpetual City maintenance subject to appropriate warranty provisions,. CONTRACT #87 -RR F=NAL ACCEPTANCE -PHILADELPHIA CARPET Q. Contract #87 -RR, Final Acceptance -. (Philadelphia ,Carpet - Water Main and storm Sewer) --The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE•CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87 -RR (Philadelphia Carpet -Water Main and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions. W Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT #87-H FINAL ACCEPTANCE -LONE OAR DRIVE R. Contract #87-H, Final Acceptance - (Lone Oak Drive - Streets)- -The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87-H (Lone Oak Drive - Streets) for perpetual City maintenance subject to appropriate warranty provisions. CONTRACT #88-Z FINAL ACCEPTANCE-HOSFORD 1ST ADDITION S. Contract #88-2, Final Acceptance - (Hosford 1st Addition - Streets and Utilities) --The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 88-Z (Hosford 1st Addition -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. CONTRACT 87-26 APPROVE FINAL PAYMENVACCEPTANCE (WESCOTT ROAD -SURFACING) T. Contract 87-26, Approve Final Payment/Acceptance (Wescott Road -Surfacing) --The City has received a request for final payment from the above -referenced contractor along with a certification from our consultant of satisfactory construction and compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 8th and final payment for Contract 87-26 (Wescott Road - Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. and authorize the project's acceptance for perpetual maintenance. c) Agenda Information Memo October.17, 1989 City Council Meeting FINAL PLAVOTRATFORD OARS. U. Final Plat, Stratford Oaks --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 at the October 17, 1989 City Council meeting. 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 that 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 Ztratford Oaks. E it EXHIBIT "A" C.S.&H. NO. 30 _ -_ _ (OIFFLEY ROAD,.__ STRATFORD OAKS ------------------- I OVROTA I`i •• ���NE�.� •` TTa:IY __ STRATFORD OAKS ------------------- I OVROTA 2 r` l i rviJ ..nf.. �r v... .. •�.._ { • mOl!{ M•D �, alOYalYa O ON9aCa 1/a 1O1•]•••Cll q•A! avw,{aR Kl . YaYm YIaM IQY61p•1pY lao. law a ••. mawwee owl: M apex a4 V M aPaaalYT WIaAEP 6 M YDIIaNYIfT g1•Ralq p {!Rp ]a Y •{Y.eo ro YYI u•� u:r eOGI!{ man P {CQY' 00C 1[D m Yuau marl. VIQf[Y MAP ROSE ENGINEERING `•• J ••••• COMPRNY, INC. SHE[- OF SHEETS I`i •• ���NE�.� 2 r` l i rviJ ..nf.. �r v... .. •�.._ { • mOl!{ M•D �, alOYalYa O ON9aCa 1/a 1O1•]•••Cll q•A! avw,{aR Kl . YaYm YIaM IQY61p•1pY lao. law a ••. mawwee owl: M apex a4 V M aPaaalYT WIaAEP 6 M YDIIaNYIfT g1•Ralq p {!Rp ]a Y •{Y.eo ro YYI u•� u:r eOGI!{ man P {CQY' 00C 1[D m Yuau marl. VIQf[Y MAP ROSE ENGINEERING `•• J ••••• COMPRNY, INC. SHE[- OF SHEETS Agenda Information Memo October 17, 1989 City Council Meeting FINAL PLAWHILLS OF STONEBRIDGE V. Final Plat, Hills of Stonebridge, Plat 2 --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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page "3L 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 Hills of Stonebridge. NOW � Q , -T 1� Y 1 + 1t. • CY a. Ld J d �t• 'f+ � � 'tis � • (j�1Uarj *2 cr.V1gY,wl �.u. u.r cr.ll 1 I� �i�C�P�_ / Nwl _ Lu 0 Cl)'rt '►tY• LL a r � \�• '.,��!� '� ,,lug �i+� / ,�; r � 4i .. 3.171Y7c� R-h4M - R CI }/fi �Islv'15 Agenda Information.Memo October 17, 1989 City Council Meeting FINAL PLAVREMICK ADDITION W. Final Plat, Remick, 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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page J3 is a copy of the final platas it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Remick Addition. 3 REM/CK ADDITION I •o..r.e LI »v..rru r..rsm K.mrVL � I I � I •r SIGMA suwvr:rtwo �ewvlces tttc LOT 1 BLOCK I fl. � .... � rte— r• _ .. �. »w.!r., hr_ M .. � • �— w •rwM .n11. _wrr x r .�_ IYr .r./ .4nr.� • .r_rrr..�..._ F a.�.r—.rim. ••rrrw .r... r4r A.. r r.M1.�r. w I•w._r. w.1—r._ I.r rrrltlw.rK_�•_r Y.YIw IIK•rlllr _w •—rlrl.rr t I rte- •Ir Agenda Information Memo October 1.7, 1989 City Council,,Meeting FINAL PLAT/TOWN CENTRE 100 FIFTH ADDITION (WATERFORD APARTMENTS) X. Final Plat, -Town Centre 100 Fifth Addition (Waterford Apartments) --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 at the October 17, 1989 City Council meeting. 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 ado ted for that meeting. Enclosed .on page 33 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 Town Centre 100 Fifth Addition (Waterford Apartments). 3 '� EXHIBIT "A" TOWN CENTRE 100 FIFTH ADDITION .rrl•. r. .r ..111rr 4r._.r r •..r .. 1••� 1. ..+r.lY 1.• 11_ u_....... .... ..b. •rm.r..gr •n T O VI N CENTRE T V; I: E 19 TT n F. I I ��•m rFIYE �•N JCE NT HF. 0 U7L07 1111 / 9 6 • =_ 4b ST f!� ' TIH I H D A D 11 1 T 1: R UEENAVf LAND IUE Vf YIND .1..... • Rl.ly . r.ry ..�I . • T• �.11•r J .1.. _n............ [._ ... Y..I ._......� r . .1 .. .n.l .r I.....Iq I_.. �... �..M.. .. _ ..I..T.. f . nM. Y nn..J ......... .. .... 1 ....J .. ...... .. u . „ �....-....... ... .r ................. .. I —.. . Agenda Information Memo October 17, 1989 City Council Meeting FINAL PLAWEAGAN EVANGELICAL CHURCH Y. Final Plat, Eagan Evangelical Church --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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page. J 1 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 Eagan Evangelical Church. 523670 LEXINGTON WAY/ �; I bf.uRa dNL WC I I � I rDtwwe.Ir rHc+6+f I I 4 an c — ' � r erv� »G[5 I pie � � -.,.5 /, �//.�///•%// /.5/ s � 0 r e'1ea �lex.rc�ec+q: / oxe Eli v -,'00000� IT o .1156.1 ]m+n! rx:r+eu,. (x aerc�u�l St nr I. Y u!a IN r e' %A� 7/" Lmxr a" we. Deeea real Gl'15%VPlC cuuw,n aoi� p (7N¢(P 61gY�C) IN ilRh Ge'➢1(UYIl16l5 rPiH. Nslluu(•ra >� 6 WQUOI.•Ni nreUNC IN p51 0.W w. C IPTUM wf r lm Fb(r: ra rglglir iMeccW.�l1 «xT.vy m s11P �f1L11 d na2e^I WA", mx.rt.lr uHr9! w sec LWp xlc4e-rocs I*- uIL ® VACXcv 0�zle�PS the ADgINS ASSOCIATION 1,,.. PPCMIIICtb Agenda Information Memo October 17, 1989, City Council Meeting PUBLIC HE�,ItING$„ FINAL ASSMT HEARING/SOUTH OARS ADDN A. Project 536, Final Assessment Hearing (South Oaks Addition - Streets & Utilities) --On September 5, the final assessment roll was presented to the Council for consideration of scheduling a final assessment public hearing on October 3 for the installation of streets and utilities under the above -referenced project. Due to an error in the published notification for this public hearing, it was continued until the October 17 meeting. On September 14, a neighborhood meeting was held to review the proposed assessments as well as address any concern pertaining to the project. Enclosed on page _30� is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on June 21, 1988. At the neighborhood meeting, one of the concerns expressed pertained to the quality of the boulevard restoration which was performed through seeding rather than sodding as a cost saving measure at the request of the property owners. At the original public hearing, the staff explained that the deletion of the sod and replacement with seeding as a cost saving measure would not provide the same quality end product as would the original proposed sod restoration. It was also explained that the quality of the end product was directly related to the amount of care and attention provided by the adjacent property owners. Present investigation indicates that in several locations, the topsoil and seeding established itself very well and is hardly discernable while in other areas the boulevard area is a little rough. The other concern related to the subdivision having to finance the South Oaks Park share of the improvement costs. It was explained that the current Special Assessment Policy states that assessments for "neighborhood" parks are to be spread over the adjacent neighborhood assessment area. This policy was also applied when the Overhill Farm Addition developed along the west and south side of this park. All notices were published in the legal newspaper and sent to all affected property owners informing them of the revised public hearing date of October 17. As of this date, the staff has not received any formal objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 536 (South Oaks Addition - Streets & Utilities) and authorize its certification to Dakota County. 3� FINAL ASSESSMENT IIEABINC PROJECT NO: 536 SUDDIVISION/AREA: SOUTH OAKS FINAL ASSESSMENT HEARINC: OCTOBER 3, 1989 Rescheduled to October 17, 1,989 IMPROVEMENTS INSTALLED AND/OR.ASSESSED: F.R. = Teas ibility.''Report FINAL F.R. WATER RATES RATES Area 5655/Lot x$655/Lot Laterals 52417-11 /Y.,.c x1.957 Fi. r ElServite $ 744-1:4/1.nt $ 929/Lot O,Lat. Bene bit/ 566-.L6 ftnt Trunk STORM . ❑ Arca Lateral $ 1400.19./1.nt $934/Lot SAWTTARY Area Daterals E]Service Dat. Benefit/ Trunk STREETS E]Crave,l Base Surfacing E]Res. Equiv.. FINAL F. I2. RATES RATLS $3'5117.60/L6t 53943/Lot Lump Sum $: 145XWI,ot 54ar9 a�/i�, R,izali ,.� NUMBER OF PARCELS AFFECTED: 37 39 Lot Equivalents NUMBER OF YEARS ASSESSED: 20 ELATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $ 538.,360.29 (F.R. $677,255.00) TOTAL AMOUNT CITY FINANCED: p CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-30 PUBLIC IIEARINC DATE: 3C) (F.R. —0—) Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/DUCRWOOD DRIVE H. Project 514,, Final Assessment Hearing (Duckwood Drive - Streets & Utilities) --On September 19, the final assessment roll was presented to the Council with a public hearing, being scheduled for October 17. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on January 5,, 1988. All notices have been published in. the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any written objections pertaining to these final cost allocations. ACTION TO BE CONSIDERED ON THIS ITEM: and adopt the final assessment roll for - Streets & Utilities) and authorize County. 4D To close the public hearing Project 514 (Duckwood Drive its certification to Dakota TINA. ASSESSMENT IIEARINC PROJECT N0: 514 SUBDIVISION/AREA: DUCKWOOD DRIVE (PONDVIEW ADDITION) FINAL ASSESSMENT HEARINC: OCTOBER 17, 1989 IMPROVEMENTS INSTALLED AND'/OR ASSESSED:! F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals E]Servite $2.301.97/Lot —0— S.F. 13.30/ff $ 13.10/1 x La:. Benefit/CI 91.60/ff ?1 bn/l Trunk STORM . Area Lateral FINAL F.R. SANITARY RATES RATES. Area Laterals [Service E f (31.at. Benefit/ Trunk STREETS ElCravel Base Surfacing Res. Equiv Trail $14877.74/L.S. 17,500/L.S. 48.05/ff 48.05/ff 4,037.16/1,.S. 3,690/L.S. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $44,654.75 (F.R. S 10 LASn) TOTAL AMOUNT CITY FINANCED: $48,273.09 (F.R. $ 48,465.00) CONSTRUCTED UNDER TIIE'FOLLOWINC CONTRACTS: 88-22 PUBLIC IIEARINC DATE: JANUARY 5 1988 �I Agenda. Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/EAGANDALE INDUSTRIAL PR.3RD ADDN C. Project 552, Final Assessment Hearing (Eagandale Industrial Park 3rd Addition - Utilities) --On September 19, the final assessment roll was presented'to the City Council with the public, hearing subsequently being scheduled for October 17 for the improvements installed under the above -referenced project located in the southwest ,corner of Lpi2e Oak Road and Neil Armstrong Boulevard. Enclosed on page, ) is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on October 6, 198,8. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment public hearing. As of this' date, the staff has not received any written objections pertaining to this final assessment roll allocation of costs,. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition - Utilities) and authorize its certification to Dakota County. I 4,)- PROJECT N0: 552 SUDDIVISION/AREA: EACANDALE CENTER INDUSTRIAL PARK //3 FINAL ASSESSMENT HEARING: OCTOBER 17, 1989' IMPROVEMENTS INSTALLED AND/OR, ASSESSED: F.R. = Feasibi^lity Report FINAL F,. R. WATER RATES AATES ❑ Area © Laterals 1 71.9g/ff 121.56iff FTS ervice �:Lat. Benefit/ Trunk STORM . O Area 0 Lateral $619.3.7/A E271%A 4316.09/A 4754/A NUMBER OF PARCELS AFFECTED: 12 NUMBER OF YEARS ASSESSED: 10 SANITARY Area MLaterals C]Service' �Lat. Benefit/ Trunk STREETS []Gravel Base QSurfacing Res. Equiv." FINAL F.R. RATES RATCS RATE OF INTEREST: 96 TOTAL AMOUNT ASSESSED: $94,52-1.15 (98,587.50 F.R.) TOTAL AMOUNT CITY FINANCED:, =0— —0— CONSTRUCTED UNDER THE 'EOLLOWINC,CONTRACTS: 88-36 PUBLIC NEARING DATE: October 6 1988 L�5 Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/CLIFF LAKE CTR D. Project 529, Final Assessment Hearing (Cliff Lake Center - Streets & Utilities) --On September 5, the Council received the final assessment roll and scheduled a final 'assessment public hearing for October 3 for the costs associated with the installation of streets and utilities to service the Cliff Lake Center development (Cub and Target). At the request of the developer, the final assessment hearing was continued until October 17 to allow additional time for review of the final costs.by the developers and property owners of the Cliff Lake Center development. As a result of the meeting with staff held on October 10, the final assessment roll has been slightly modified in the following two areas: 1. The allocation of the costs associated with the installation of the traffic control signal on_Cliff Lake Drive at the entrance to Target was allocated equally on an area basis to all commercial property within the Cliff Lake Center development. The original final assessment roll provided a heavier allocation of costs to the Target parcel under the premise of it receiving a more direct benefit than the other properties. 2. The lateral benefit from trunk water main was recalculated and respread on an, area basis providing a more accurate allocation ofcosts for this portion of the improvements. Enclosed on page is the revised summary assessment sheet showing the final assessment rates as compared to.those estimated in the feasibility report presented at the public hearing held on April 19, 1988. The final cost overrun was related to a "decimal" error in the original feasibility report which underestimated the amount of gravel base by a factor of 10 (approximately $275,000). Although the utilities came in under the feasibility report estimate, it did not make up for the feasibility report's quantity error resulting in a 5.8% overrun from the original feasibility report estimate. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the original public hearing date. As of this time; the staff has not received any written objections pertaining to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 529 (Cliff Lake Center - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT IIEARINC PROJECT NO: 529 SUB DIV IS1014/,AREA': CLIFF LAKE CENTRE FINAL F.R. WATER RATES RATES FINAL ASSESSMENT HEARI•NC: OCTOBER 3,. 1989 (continued to October 17, 1989) IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibilicy Repor[ STORM . C1 G1Area MF CI a Laterad MF' $ .083/sf $ .083/sf _070Lef 1)7n/�f $6621.52/a $8208_32/A 5517.91/A Agan -)i/A HUMBER OF PARCELS AFFECTED: 9 Traffic Signals -2386.60 /A $2500.00/A STREETS 2386.60 /A 5428_57/A NUMBER OF YEARS ASSESSED: 20 ❑'Gravel Base HF ® Surfacing C1 13Res. Equiv. S'i•dewa fk' $ 90.20/ff $ 90.20/ff 18269.29/A 12910.411A $ 7.79/ff $ 12.80/Ef RATE OF INTEREST: FINAL F.R. 9Y,, FINAL F.R. WATER RATES RATES SANITARY RATES RATES ElArea $ 2,189,365.81) Area $7372-65/A $2667.40/A Laterals ❑% Laterals 1351.54/A 1.689.,22/A C]service [:]service $ 21.60/A $ 21,.60/ r7XLar. Benefi'c/ 414.1.731A 5016-.94(A CLat. Benefit/ Trunk Trunk' STORM . C1 G1Area MF CI a Laterad MF' $ .083/sf $ .083/sf _070Lef 1)7n/�f $6621.52/a $8208_32/A 5517.91/A Agan -)i/A HUMBER OF PARCELS AFFECTED: 9 Traffic Signals -2386.60 /A $2500.00/A STREETS 2386.60 /A 5428_57/A NUMBER OF YEARS ASSESSED: 20 ❑'Gravel Base HF ® Surfacing C1 13Res. Equiv. S'i•dewa fk' $ 90.20/ff $ 90.20/ff 18269.29/A 12910.411A $ 7.79/ff $ 12.80/Ef RATE OF INTEREST: 9Y,, TOTAL AMOUNT ASSESSED: $ .2,301,874.84 (F.R. $ 2,189,365.81) TOTAL AHOUN'r CITY'FINANCED: $ 107,453.77 CONSTRUCTED UNDER. THE FOLLOWINC CONTRACTS: 88-21, 88-23 PUBLIC HEARING DATE: April 19_ 1988 Agenda Information Memo October 17, 1989, City Council Meeting VACATION/LEXINGTON WAY @ LEXINGTON AVENUE (TO BE CONTINUED) E. vacate Public Right -of -Way (Lexington Way @'Lexington Avenue) To Be Continued --On September 19, the Council authorized a public hearing to be held on October 17 to discuss the vacation of a portion of Lexington Way at its intersection with Lexington Avenue as a result of the proposed final plat development of the Eagan Evangelical Covenant Church Addition and the resultant upgrading of Lexington Way into a cul-de-sac street. Due to the final plat information not being available in the appropriate time frame for this public hearing process, the exact legal description as advertised does not conform to the ultimate description to be recorded concurrent with the related final plat approval. Therefore, it is recommended that this public hearing be continued until November 9 at which time as it is anticipated that the final plat -for the Eagan Evangelical Covenant Church Addition will be processed for approval. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for the vacation of public right-of-way (Lexington Way @ Lexington Avenue to November 9,, 1989., VACATION/CHESMAR DRIVE @ CLIFF RD F. Vacate Public Right -of -Way (ChesMar Drive @ Cliff Road) --On September 19, 1989, the Council authorized a public hearing to be held on.October 17 to discuss the vacation of a portion of excess public right-of-way for ChesMar Drive near Is intersection with Cliff Road. Enclosed on pages �Ia and is a graphic and legal description showing the location of this excess right-of-way. This excess right-of-way results from the intersection of ChesMar Drive being realigned under the reconstruction project of Cliff Road to match the intersection of Fairway Hills Drive to the south. With the development of the South Water Treatment Plant under Project 548, the City will be platting its property and incorporating this excess public right-of-way into the .proposed plat boundaries. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this proposed vacation's public hearing. With the understanding that the property will remain in the control of the City of Eagan when replatted, there have been no objections submitted to this proposed action. ACTION TO BE CONSIDERED ON THIS' ITEM: To close the public hearing and approve the vacation of a portion of public right-of-way for ChesMar Drive near Cliff Road. 46 42 54 r�lW xa•• 12 "8 13+1e 11 ,O Ix 1_v'sm 'de c� 10,a1 •if a' YN9) p 4 �aqq�' e-iI j r wJWt l' mar - T S i + eager". tL 1- eux `•, 0 n 1e.gjexm3!°�60 r i16Ye: �a0a o°' ..3erl°n o•A � ' 2B 2937 72 fA yl M•eT•N el r '-i� •by. 'fl¢� )s t 36 °_ Y- f33 .Iter fd iE9w _ r!• ,y e ^ W °I Her )'. :,- 4 °Mea O W�t A i I TGl X e1°I) "[ I.11.1- � 23 e a0m eoN - l�-Mer°l0 e'E,- ta)00 •' 11.� \�i. 9 xn•n'ei r. �D r y. wmu.• ,, n! • i{ 6 •� �.r.r .II 1 n X er•la !i W. l y O /1r r' - °' 1 :•• YIPo 2 t ely A:,- ,O it I �kyl t b ,� !)�i: `{I D'. T1g,I = e __ ,- 1 ci J!^ r r' J4l'r..ou o7� � 6;1 ('• .IrEx \NIr �- e• 'ei'r, LY., r �,_ w 1 1f Ria pXmu�3 x e1°»x"r. >< : NOTICE. OF PUBLIC HEARING PROPOSED VACATION OF CHES MAR DRIVE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN THAT THE City Council of the City of Eagan, Dakota County, Minnesota, will meet at the City Hall, 3830 Pilot Knob Road., Eagan, Minnesota 55121,, on Tuesday, October 17, 1989, at 7:00 o'clock p.m., or as soon thereafter as possible. The purpose of the meeting will be to hold a.public hearing on the vacation of excess public right-of-way lying over and across the .following described property in the City of Eagan, Dakota County, Minnesota: All that part of Ches Mar Drive lying south and east of a line, said line being 3'0' southeasterly and parallel to the following described line: Commencing at the southwest corner of Section 27, Township 27, Range 23, thence east along the south line of said Section 27, a distance of 1,260.0 feet to the point of beginning, thence North 12 degrees, 43 minutes, 30 seconds, East a distance•of 32.0 feet, thence northeasterly along a curve concave to the southeast 87.05 feet, radius 242.25, central angle 20 degrees, 35 minutes, 20 seconds, thence North 33 degrees, 18 minutes, 50 seconds, a distance of 26.50 feet, thence northeasterly along.a curve concave to the northwest 140.89 feet, radius 242.32, central angle 33 degrees, 18 minutes, 50 second's and there terminating. Dated: September 19, 1989 E. J. VanOverbeke City Clerk City of Eagan Dakota County, Minnesota (�,9 Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/CLEARVIEW ADDN G. Project 5450 Final Assessment Hearing (Cleareiew Addition - etreets)--On September 19, the final assessment roll was presented to the Council for consideration of scheduling a final assessment public hearing for October 17. Enclosed on page ,D is a summary tabulation of the final assessment rates as compared to those estimated in .the original feasibility report presentedat the public hearing held on September 6, 1988, and its subsequent revision resulting ,from Council action on January 17, 1989, providing for the assessments to be spread over 28 "lot equivalents" in lieu of the 25 legally described lots. This was a result of extensive review and evaluation by the Public. Works Department and City Attorney's office_. On October 10, a neighborhood meeting, was held to provide an opportunity to discuss ,any concerns with the affected property owners. Only three property owners attended the meeting. Enclosed on page f is a written objection submitted a property owner pertaining to the method of cost allocation on the lot equivalent basis. It wasexplained while there may be other methods, this was deemed to be the most fair ,and equitable for this particular project. Generally, the property owners are quite pleased that the final assessment has come in approximately 40% below the feasibility report estimate. All notices were published, in the legal newspaper and sent to all affected property owners informing them of the final assessment hearing. The staff has not received any other written objections pertaining to this project. ACTION To BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project '54.5 (Clearview Addition - Streets) and authorize its certification to the County. City Clerk City of Eagan 3830 Pilot Knob Road EAgan, MN 55122 1790 Beecher Drive Eagan, MN 55122 RE: Project 545, Special Assessment Dear City Clerk: October 10„ 1989 This is to inform you that I object to the manner in which the total cost of Project 545 has been assessed to the property owners. The basis for this objection is as follows: o An assessment by lot is only equitable when the lots are of similar size, which is clearly not the case here. o When purchasing my residence, in November of 1986, 1 relied' upon the most recent assessment proposal which indicated allocation based on the original twenty-four lots. M.S.A. Section 429.051 states thaw property assessments must be based upon the benefits received. This clearly indicates that this i,s not a use tax but a tax of valuation. It is equally as clear that parce,l:s of land two to four times the size of another receive a greater benefit. This is the reason why the majority of similar assessments are based upon front footage. However, when the size of benefiting properties varies significantly, the city has assessed based upon size to indicate the benefit received. The city would not assess a forty acre parcel the. same as a ten acre parcel and it should not assess a half acre the same as a two acre. When I purchased my residence in 1986, it had been about one year since the neighborhood and the City Council decided not to go ahead with this project. My house was built in 1981 and this project had been proposed twice since its construction. Both proposals indicated assessing based upon the original twenty four lots. The original proposal in 1988 continued to use twenty-four lots„ and d relied on the prior two proposals that any improvement would be based on either twenty-four lots or by front footage, which is the typical method. In conclusion, the equitable method of assessment is by the original twenty—four lots as they are more similar in size and gained a more equal benefit than the twenty-eight lots in the current proposal. Regards, S( FINAL ASSESSMEMT HEARING. PROJECT 110: 545 SUBUIVISl011/AREA,: CLEARVIEW STREE'r imi,ROVEMENI'S FINAL ASSESSMENT HEARING: OCTOBER 17, 1'_989 IMPROVEMEIIT'S 111STALLED AND/OR ASSESSED: F.R. = Feasibility Report FTIIAL F. R. WATER RATES' RATES ElArea ElLaeeraIs E]service Lae. Benefit/ Trunk STORH . El.A r ea Lateral IlUHBER OF PARCELS AFFECTED: 25 HUMBER OF YEARS ASSESSED: RATE OF IIITCREST: 20 97. FINAL F. It. SANITARY RATES RATES Area []Laterals 0 Service ❑',Lac. Bene•6It/ Trunk L� STREETS E,Cravel Base [j]'Sur f ac Ing $6,042.00/Lut. Ann: nded 1/ 1 7/89 $5,1'7.8.00/I.n,L Res. Equiv. $3.1'87.18/Lot TOTAL AIiOUHT ASSESSED: $89,240.76 (F.R. $'145,OOB.00) TOTAL. AMOUNT CITY FIA'AIICED: $ 9.334.00, IF.R. $ —0- ) COIISTRUCTEU UNDER THE FOLLOWINC CONTRACTS: R9-07 PUBLIC HEARING DATE: September 6, 1988 January 17, 1989 (1), From Beecher Drive — ConstructedunderProject 472. ' 5 Agenda Information Memo October 17, 1989 City Council Meeting STAFFORD PLACE/DEFAULT OF DEVELOPMENT ISSUES A. Review Default of Development Issues for Stafford Place --At the October 3, 1989 City Council meeting, several residents from the Stafford Place subdivision appeared and raised concerns regarding the status of their subdivision. Testimony ranged from lack of established grades according to the original grading contract to inadequate framing and construction of homes. After hearing a number of issues, residents were asked to quantify their concerns in writing to the City Administrator by Thursday, October 12. The letters received were forwarded to the Director of Community Development for purposes of coordinating all the issues with the approved development agreement of Stafford Place. Staff will analyze all the issues raised by residents, compare these issues with conditions in the development agreement and prepare a findings with a specific recommendation as to those development issues that are in default as a part of the Administrative packet on Mcmday. For a copy of the letters, please review S3 through(j` ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a specific list of development issues that are determined as default of the Stafford Place development agreement in order for the developer to correct each and every default within days. ,;eve --r- re TD •t-1 YJ •i h Sent. 1A; 191-19 Mr. ShArm:An Flak"5 Fra i,den.t, Frnnt i e r 39.112 'FRd A vA1,e 'hr. r)e.NL: hr_ I06k?; If sp:.ra(1¢ Dan L.. Courneya 4n99.Stat-es Ave. Fagan, M14 55:123 H -6,91 -ie -16 . &V aa8- a sov E € ss MiAwe.3�t Deuel!nnme.nt Cnr,n. 1 .rm rr.nhAsed. A home. i'n your 'St a.f'£n r d"F IAr..e. D?ve.I nnment in Fagah MN. in Aunnsr of j9n8. i;t the, time of nurcha5e; An Addendum WAS a^derl' "n JMy nant JArt wh i'rn St Fit e5 that ynii won l'd r.emn•.;e. A Ile Ad, tree. f rna. r nAck.1Ard Ann fin t=.h thr. finAI nrade nnr.e the treewAa reninved� The tree wA promptly remnved;, but the.: final tirade ,hAs never heen done cia:,nidte. r:nme'rnuA rrnm':tsa_s t,n nR sq. iirne.;rst And The prnhle.m ynU are,. hmurrig with the. dra,innn9 Ai.nnn ]i51e.s Ave. and nAtwe.en the. col-de-SArs nn 'NHw Ynrk Ar:,-. l'lermnnt Faies.; tu.t my Pat ienre. i.5 wear inn thin. I have hAd to cannel sod orrers 3 filmes hecAuSe of nnfulfi:ll,en prnm15P.A made by you nr ynur re.nresent A.tive.5. I\nw; ; will have to wAit iintil at le.Ast new.', spring to get nrASS whir.h wi�il invAriAh.1y rbAt more. From my pni.n.t of v.1Ay; i on not even seea grind fA'it,h eff.nrt h'=i:nh -�:e s:7,rer.tify tit.nati'Tin. if p1Ansto cnrrect t;hr.a prnlilem arF. in -ne. wnrk.s, nu win ,ld tie- well A:ivised to infnrm those rrnpe.rt'y owner= AFnny Srt,A t... Je:rmnnt, And NF.w Ynrk Aveniies n'f ainrir r-Ans nr P.Ciai ._...rJve t1hem in the prnee.4S. 1 feel I hAc-e ne.en mnr.e tn.9,- rm, iF. tit .. 1;f t,rti; Ail in give this omir prmmp,t Attentinn and her3in to 53 P I.I n'1Plvr.rr - A91Pv tAtP tthiP prnh l Pmt I Will fewl r.o..Ve'I IPrt to reta in an AttnrnPy to IPprP.se.nt my 1'n.}Pres'ls.. tial tihollljh thlis 'PA not An easy that ter tQ' rrrtrl'f,y becau.!Pnif t,hP. numhPr ,nf home owners invol'.veri_t dPs,i�.gn of 'a plaq, and setting� of'a' t,imP.t.AbllP.tpro. per c nmmltnleat. irin WI I I !go along LIAW, In dispers'.ing some. n.f Inn ani''mneity:felt tnyards Fronti•Pr Homes in this nei,ghbnrhnnd,. Frnm your 'nn int sof view,,. it shnuld only .make Bond bus i,ness sense s. ince . many nr ;t he,prospertive buyers in the devr.lopmrnt stop and tA,lk to rll.rr'r R,t homA dwnerS to '1nquii,rr..,A hnl,lt. ;Sat 15'f Art iinn. FIS nt yPT r '1 nAVP. bAPn IlnAh l!P t;n tel I t'hn SP Who kava stopped that, I am'sAT 15f'IIP.d becA4$P of this ti,r.garing prnhlPm. TrlAnk you For your prompt, attention to 1'his prnbdem. i look fnr'wAr.d to 'hearing from ynu.. 0 c+i'�nr,PrPlyl Dan ii , f:m.lnne'Ia S� I r a P09 Al r"7v/d CE (2 any 46:017 w 5;r-ti"97 4," rE: OCYOr.ER 10, 10%,' Ill: QITV OF EAGAI 1 rRUl1: MICHAEL I CINDY TAYLOR 853 VEN I NOR AVE. (STAFFORD FLACE) EAGAN, NH 55127, RE: OUR CONCERNS ABOUT OUR BUILDER, FROWI IER MIDWEST HOMES I He, ha:e F,c.,enwe"-ed a. lien o" oui property by North Metro Land•scapingl hi-. which proei•ded our Eod. .. 1hev "ever Fini-hed grading our backyard. We Cin not know how far our plr.:perr, gone due fa the fact there is a mound of dirt still sitninn ill h,avKor d. Flus because of this mound of dist, we have not been able to -.-,d ni =nr.•1 the remainder of our property. Thus we have lost much of ou ,alir_.ble top oi,J due to erosion. 1 ronlarted Frontier c,.veral times requesting that: the dirt P.-,,.. I smo/ d but have had no results. We have: been in our home for 1.3: months "iths and Feel we have give" Them a(rlPle tlmu to finish our .lot. 7. rlr• hncl 1-rontier put footinw in for a ,inepl,c.e and they iiJJed the area in nirh dirt: and now the area has =unven.. Also we are seeing some lrr_:.I:i il: 10- baRament at the snot_ the footings are placed. We feel they did 1101 r poperly construct and finish the footings. If there are any questions we can be contacted at: Lind, Work: 434-4132 L -S J I .y� /� (�y I111,��,,�y�. .y� ^MTy�^ F�Ti �%�.�'l�7 I/�'i, Z'�'! !t!7 1 I„+. -w • ,1,7F I"`PS22 „Y 1 IQ}'T iYI��-MM C �, �m� St�jS�ff -nv -"'� Zauymtiu`2to'Ir I'l rpn PLO . vj ��1��-,..,�,.�. = L�ra,�n-01�, 1 G�Eb l i'�' W -�-, t„g 53�"yrx �� .,.,,.F, n,J �3,L•'� 1 t 4 I V' ntivnl r 1� SiY�'?ElC`J� 1fV3�d }7'J �j 15ry b - rqI Qi�v'd 9 :rN 1�- -f Ct�r� S3c"Q3}4 rq-Q! 68b! ! II v."&cr-0 &50 i x3 00-V --5 £ $ M A r,>[S-' ;h'V!WN-V—o 3 — GVd - V.%jg �21tr AZO J, P,Z �0C4044 rKC; 'ett 6d(le2 rlavzl rte 4`6 H, �14 �,�teA c.44L,5 I -or 36 , Sc oc,� 4, S T.41ix:-o2p P«t c T �i777 f%vec 3 30/LOTiV DB .oq D 4•E r vis iL e,,,-;047 re/s.o/v��.� ti'e //0C.,j //''DYe Tt e � ij�vr�r eS /1� p�JE ST oT GAS 's, '00 . FivAL 13AC,,r-,(A-je-D 6P -4a r/UZ. Pct P"...). 50e. BO /4, I�eof.-,f �04 re 5c i o e 'fi�e- 9✓v,0Qr,:.S vi i-l�, %'o&-� -�ie-r wi (-� wo lu-C-% 7—ka4., -L C� oc^� s7 Notice is Hereby Given, That it is the intention of NORTH METRO tNDSCAPING INC. a corporation under the laws of the State to claim and hold a Ben upon the tract a of land lying in the County State of Minnesota, described as follows, to -wit: See Legal Description (a) on Attachment hereto, which Attachment is incorporated by reference. , with Its address at for the sum of see amount liened on Attachment nollars with interest thereon from the --!—day of . That said amount Is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed In that certain improvement of said land described as follows, to -wit: NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1. Tree and shrub planting; 2. Grading; 3. Sodding; and 4. Building retaining walls. That the name of the person.—Jm whom and at whose request said material was furnished and said labor performer is ss follows, to -wit: FRONTIER MIDWEST HOMES CORPORATION. a/k/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontier Midwest Homes Corn i That the date of the first Item of said clalment's contribution to Bald improvement was aha s a shown nn the dnf+rt art.rh,++ont herein x*k ; and the date of the last item thersobtkK as dafxnl h_... .... the Ajit .,h,,,e,.r hp,.*, _ .A2—; That a description of the premlees to be charged with add Bea, to the best of said elalment's ability to secertain the same. is as above given: That the neme_of the owner—of said land and premises, at the date of maul g this statement, according to the beat fnforautlon said claiment now has or is able to ascertain, IsMYAt as shown as the fee owner on the Attachment hereto which is incorporated by reference _ That a copy of this statement has been served personally or by certified mail on the owner or K its authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd. 2. If any, was given. Dated thie_2=2_7!S—day of September —19 89 Attorney £oreNO H •TRO SJWLLS CAp ur r+,+r O a 4`148 New York Avenue Eagan, Minnesota 494,0 New York Avenue Eagan, Minnesota 4132 New York Avenue. Eagan; Minnesota 4128New York Avenue Eagan, Minnesota 4124',New York Avenue Eagan, Minnesota Lot 34, Block 4 Duc Nguyen Stafford Place Lot 36, Block David W. Adkins Stafford Place Lot 38, Block 4 Stafford Place Lot 39, Block 4 Stafford.Place- Lot 40, Block 4 Stafford Place 4125 New York Avenue Lot 42, Block 4 Eagan, Minnesota Stafford Place 4013, Pennsylvania Avenue ,Lot 4, Block 4 Fagan, Minnesota Stafford Place Michael J. Glass Blaine E. Duxbury, Joseph W. Trombley John L. Korth Gordon D. Multz $ 508.80 6/6/89 $ 508.80 6/6/89 $ 561.80 6/6/89' $ 508.50 6/6/89 $ 56.1.50' 6/6/89 $ 561.80 6/6/89 508:80 6/8/89 ME MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON. FLASKAMP & BRENNAN ATTORNEYS AT LAW WILLIAM M HART w. D. FLA9KnMP STEPHENJ FOLEY C,D. KNUD90N KYLE B MANSFIELD R.0. BLANCHAP0 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SHIRLEY ORRENT LEANER THOMAS LADPM9 TIMOTHY W RIDLEY DAVID B.OPFIELD ONEP VICTORIA LNSON GARY W, HOCH MINNEAPOLIS, MINNESOTA 55402 LAAPnJ NAHUTC JAMES M.PILEY MICHAELA NS JAMES F. AGEN A.HAOEN J. RICHARD BLAND TELEPHONE 1612) 336-0661 JOHN J. MRDON•LDJR. JOHN) R. STEPHENS CHANCE MAPM,JP- CON ALD CH CHRISTIAN P CHRISTIAN A. PPEUS ROBERT M. FPAZEE .W1HOR¢ED iR Y J.. E GER KENNETH 0000E KENNO . ...ANCTIC. AS NINCRT. MARY M BRIE N MA A II NCII. ION w(:RNMP,hATR RMO1P wDMBMNAin DAVID A. ANDERSON ANDD SGARY TEVE. 0. EGGI AN STEVEN C. EGGIMANN THOMAS M. R BRADLEY M. JONES WRITER'S DIRECT DIAL NUMBER DREA CL50 M.NEHL CHARLES J. MUIRHEAD ROBERT E. EIIL CHARLES GALEN L-BR CHARLES N. BECNER HBEC ER JAY 0. ENTUER JAY C. PENTON ROBERT E. SALMON RAYMOND L. TAHRKJOHN50N MO:R FAEINSKL JR. THOMAS H. CROUCH COPTNEY 9, L,,NEAVE LEATHA LOPEIN L E. MEAOHER,IBG5 1970 JOHN C. HUGHES ARTHUR B. GEER. IBOB-IDTI September 27, 1989 JULIE MELANDER HOLMES M!AN A.Y:AONEP 9HELLEY ".SIMMERING THOMAS C. LEIGHTON OF COUNSEL B B MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON 11 MARK O BRENNAN A.W. NELSON TELECOPY 10121 336-638A TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KJY/IG Enclosure Sincerely, i�'U Yeager �3 MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA -COUNTY a :Street Legal Addres 'Description. 4126 Pennsylvania Avenue Lot 25, Block 1 Eagan, Minnesota Stafford Place 4130 Pennsylvania Avenue Lot 24, Block 1 Eagan; Minnesota Stafford Place 4.096 Pennsylvania Avenue Lot 32, Block I Eagan. Minnesota Stafford Place 4102 PennsvIvania Avenue Lot 31, Block 1 Eagan, Minnesota Stafford Place 4106 Pennsvlvania. Avenue Lot 30, Block 1 Eagan, Minnesota Stafford Place 4110 Pennsylvania Avenue Lot 29, Block 1 Eagan. A9innesota Stafford Place 4114 Pennsvlvania avenue Lot 28, Block 1 EaLan. Minnesota Stafford Place 41 TS' Pennsylvania Avenue Lot 27, Block 1 Eagan, Minnesota Stafford Place 412'_ Pennsylvania Avenue Lot 26, Block 1 Eagan, Minnesota Stafford Place - same date for first and last improvement unless otherwise noted 04, Amount Liened and 'Fee Dite_0f Owner Impro_ ve _mens` Joseph P. Stefansky $ 508:80 8/4/89 Lee Brian Morton $ 508.50 8/4/89 Keith E. Bebl'er S 50&:80 6/8/89 Roger O. Czaia $ 508.80 6/28/89 Roger N. Etzler $ 505:80 6/8/89 Curtis H. Thurmes $ 508:$0 6/8/89 Thomas J. Larson S 551.20 first 6/6/69 last'6/8/89 'Tobin C. Lane 6/8/,8980: Don F. Rockenback $ '508.80 6/8/8.9 - same date for first and last improvement unless otherwise noted 04, LANDSCAPING INC. a corporation under the laws of the State of M 10150 Trail Haven Road. Rogers I, claim and hold's Len upon the tract s. of State ofAinnesota.,described as follows, towit: See Legal Description(s) on .Attachment hereto, which Attachment is incorporatedby reference. for the sum of see amount liened on Att with interest thereon from the " deY Of� That said amount is due owing to said claimant for Professional landscaping services with its ad&ess at :le of int 'hereto • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished andtperformed in that certain improvement of:aald land'.described as follows, to -wit'. NORTH METRO ,LANDSCAPING INC. providedprofessional landscaping services, labor and materials, including one or more of, but not limited to the following:, 1. Treeand shrub planting; 2. Grading„ 3. Sodding; and 4. Building retaining walls. the person or whom and at whose, request said materialwas furnished item of said claimant's contribution to said improvement was _ter a. description of the premises to,be charged with said lien, to the,beatof,eaid claimant'e�abWty to theseme, is asabove given: the acme—of the owner—of said lan&fuod premises, at the date of making this statement. That a;copy of this statement has been served personally or by certified mail on the owner or If sts authorized agent or the person who.entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the, last item of such skill, material or machinery as provided by Minnesota. Statutes Section 514.05.. That notice, as required by Minnesota• Statutes Section '514.011, Subd. 2, If any, was, given. Dated lthis lrZ>< dayof, September - - 15. 5.9 Attiorney for N0 H TRO .TTA„1G�y� C State of Minnesota, ounty of Henna i being duly sworn, on oath says, that _ he is the Karl J. Yea er yr k ORTTI METAF1 7 alancavTTBr TNir attorneyfor , the corporation wrath is the claimant in the :ithin statements, Chet —he has knowledge of the facts stated in said statement by reason of the ollowing facts, to -wit: He knows the same to be true of his own personal knowledge an upon cords, officers and employees of information furnished him by the re NORTH METRO LANDSCAPING INC. ,list he makes said statement at the instance of said corporation claiming amid lien; and that the statement is true of h�U own knowledge. . THIS INSTRUMENT INSTRUMENT VIAS DRAFTED BY smNAFua.-No,......___E os nrxCA orncAL MEAGHER MaitxHaM, 'A ERSON, ADAMSON, FLASEAMP 6 BRLIM14 Mu ti oods Tower, 33 South 6th Minneapolis, 45402 AFFIDAVIT OF PERSONAL SERVICE . State of Minnesota, County o being duly sworn, on oath eeye that on the Is—,—he served the foregoing Mechanic's Lien Statement upon _ (the owner therein namdl Ithe authorizedhanding get d leaving with amid er n named) Ithe person who entered into contract with the contractor)' by B _ a true and correct copy thereof. Signature NOrAR1AL 6TAMP OA 6CALIOA OTXEA TITLE OA RANNI Subscribed and sworn tq before me this 19 day o 91a NATVA[ Or NOTARY PCBLIC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of of M' 7' ` of the r'r Judv Baeke s , State of Minnesota. being duly sworn, says that on County o , l9 he served the foregoing Mechanic's the r� day of Seot ' Iz a er therein named) (the authorized Llea tatement O�.P'—'t'r'P = � Otey nn ho en rhm>n Agent of the owoer therein named) (the person who enterd into the eonar`oP hereofeby certified lmail. mailing to Raid We and sed in an envelope, postage prepaid, and bdveeposiing the ctedito said eafne mownp ra (ot' itenn a * _hereto Minnesota _.tL _ lest (mown address. at Rarl J. Yeag Sl torettorneyfor NOlr,4NClairneT}y =�J.hald�.WNI Subscribed and sworn to before me thle�ve, Signature a OTn LO before met e day o CO'i1 Septee THIS INSTRUMENT INSTRUMENT VIAS DRAFTED BY smNAFua.-No,......___E os nrxCA orncAL MEAGHER MaitxHaM, 'A ERSON, ADAMSON, FLASEAMP 6 BRLIM14 Mu ti oods Tower, 33 South 6th Minneapolis, 45402 AFFIDAVIT OF PERSONAL SERVICE . State of Minnesota, County o being duly sworn, on oath eeye that on the Is—,—he served the foregoing Mechanic's Lien Statement upon _ (the owner therein namdl Ithe authorizedhanding get d leaving with amid er n named) Ithe person who entered into contract with the contractor)' by B _ a true and correct copy thereof. Signature NOrAR1AL 6TAMP OA 6CALIOA OTXEA TITLE OA RANNI Subscribed and sworn tq before me this 19 day o 91a NATVA[ Or NOTARY PCBLIC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of of M' 7' ` of the r'r Judv Baeke s , State of Minnesota. being duly sworn, says that on County o , l9 he served the foregoing Mechanic's the r� day of Seot ' Iz a er therein named) (the authorized Llea tatement O�.P'—'t'r'P = � Otey nn ho en rhm>n Agent of the owoer therein named) (the person who enterd into the eonar`oP hereofeby certified lmail. mailing to Raid We and sed in an envelope, postage prepaid, and bdveeposiing the ctedito said eafne mownp ra (ot' itenn a * _hereto Minnesota _.tL _ lest (mown address. at ANR, NMAdIALSF Mr e016Y S. RICnBroaon Signature a OTn LO before met e Not f bile—MlnnBsole $nbmC ed and Nenne in County day of • ti M Wmm. E+o. N7.91 -Strike out portions not applicable.a,u NAT,T ;,.WY Vs'. C 0R eTNFn OrrlGl/.L I$E �n I slofs� `o b'G 441y a bB'=v s L O g(= Y goW E m as ° ... A n " .T •0 8i �' �' U O �L O ca to 0 > LL e z= O0. yy y e VMU e E tem Ca Fal O i 2 G I ❑ s Is a °: 13 00 e mZ In MN'D.v 6. err.r..,�,e...iwaa Form No. BP–M Mine. u.ur. ca..,.o..ewr Given, That it is the intention of NORTH METRO ■ corporation under the laws of the State of Min .,.qts ,with its address et 10150 Trail Haven Road. Boner= M' N1 1 y�537d to chum and hold alien upon the tract S of land Il o , i th- ;r -ntv of See Ti 1 s State of Mimesota. dear' d as follows, twit: Attachment hereto S, .jal De ,ption(s) on Attachment hereto, which Attach-ent is incorporated by reference. for the sum of see amount liened on Attachment Hollers with interest thereon from the • day of .19— That said amount is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished end performed in that certain improvement of said land described as follows, to -wit NORTH METRO LANDSCAPING INC-, provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1. Tree and shrub planting; 2. Gradings 3. Sodding; and 4. Building retaining walls. That the name of the person for whom and at whose request said material was furnished and said htborperformed is as follows, twit• FRONTIER MIDWEST HOMES CORPORATION alk/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontier Midwest Homes Corp. That the date of the first item of said cWmant's contribution to said improvement was aha a= shown e„ th, drTA ntt achm r h t >'�� and the date of the last item thereobtitec 'ae deantnfeh nwn the att h t h t >48_� That a description of the premises to be charged with said lien, to the beet of said daimant'a ability to I ascertain the same, is as above giver, That the name—of the owoer_of said land and premises, at the date of making this statement, according to the best information said claimant now hes or is able to ascertain, iakm as shown as the fee owner on the Attachment hereto which is incor orated b reference That a copy of this statement has been served personally or by certified mail on the owner or W its authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd 2, if any, was given. Dated thia_ZL2_1�6_day of. September , 19 89 ar ea er • Attorne for NO HTRO i.A•NDscn�zxc xNc cc 7 c) : -I ffe e \TYq i7/17i � I S-HTo(� ocTo cye y/ / 9 8 5 T u�P &e d/lj L -Deets l G/ ✓eff i7— yiv2�/ NE'CcJ ✓o,P,t� ��'' i�� i� s ���o�c7 AS RM.\E5-6CITY cvurYeL Fq THE me-E�1 1' CG p i= pc ---)6s59 3 (9 85 417? rweiTityc. 1 K RFGR2�i S ib MY CoNCcr2 tJ S pF EROSI or i , 1 tARS VERY DIS A?o1aTF D -FtW—) FqT �+E c, Y (7o%j-Ne jL- mFE),+.)G OF OCT bwR .RZZL R 7i ECiS�oIJ 1�P�5 No ANN Ouf10E(� GN lJ►�E�i}E1� CD C15� !� I) 2 i G rJ RI_ G Rfq ) aG ?LO -V4 6R- I WE RF -y 15E"b 1?CAf�4 TNA i APr5 REF 6l SLA 3mtl)TE ,P At---' -eR �i a /n ErnF,ERS DF -rHE eIiY -veye,rfte- dim�5 /�IEFT�,✓6 , ,T J11S InY uNAICS sl-lUdC 04 PaFC7 /.Si aN wAS -1-b He Rs✓50✓a c A1eF Z> 0 Xy ,est �Q /TjC'A L o r= T%/� Fi✓6 /n2�FiP/�/G .s�lfFF iNFY /!�✓� SFr/ Wey f/Fc�FuC. 00 ✓/D Ile, �br�eve, Rs GICµ 7�lo?Y 7H1.5 Y6w. iN� Fees � ��� �eeine�T R�%5on/ :...� �Ji+7 eor�,ei✓�D a9�uT i� �� �% #FLfIA16 ncln T!�%5 XF&P is Oer_7.49ct5r A?X F407i L Y ooew .L _ mo v#,r Wow c w . 014u6 a� 9S� iF T,s�iS OCRs 6F-FS PN- oFF uNTe- jt� : rNG of /990 or-RE Looe �6 AT a uN� .02 J c�L•y AS A- `�55 /%�C� l��l'i c�b�/ .4/�JC_ �N11- /YJfYY ��' usft[L � iD Co�EJ CeRN tfl-W AV- uNCoDreeA i rVE e� iT� kE6ft� S e3Y e &P, Cv-y o /q(7d cae Lola- RAVE 'a a rN oue �E NOAQ'LY is uN+�esie�43CE �, Nt7 e,(HA 0 0 e -PW8LE- -,T-0 M E f4NoT4C-of Ca►C-eo v`) DX ' -tt 0 Y i-►�G Thl-c cvo R), c.u,tTi L j QR o 1 S• 777#E COArT E)NG erRVs:ro^/ 0/}'45ei 2Y iMAYY 5X11V6 Rh'rNS, IN 1y7V O?tNiol� see FN6 rw(5 F,�F E-P-mtoN WE CON-Ftl:f �r'�inCG 1-74 D64.9Yiwe-- I —7lF C'u,ee�r �rN�CJ�tL �'oac.�rns, TNS ev�w Du�/JE,2 i5 nom ��sv✓S� actr=2 i NE 'tIFY welt_BE 1 �D ,(RZY E?F L00,<MV4 AT 1-079 5407/nFW lnr Sum rn AIFY raRRC .9 A 21�eo)svoN ee mAze scnnr. cAYiNG 4 CGS 1s14W UN -4- Th`e 097 �JC%gr-Oe o rry Cool Nor - 14ernl,lvig. A 6Qf.4T bEPL- OP -,,woe 2 fJT �dE ,ENS dF t�'Ta�7� a�i.NG �gvoePHc�C.i� �'� •— oorcY iN Dls�' ,mss— /NT�?�xsS a4T �- /S r1 7Eif.5% ori E-�eeYonr� Ir You tii9v6 ANY Qu6sTion4L FEEL FRfe- T a O#a- !»cr- 0-7- 1-10MI� 5�-S73y e�P you mAY LEAVE A ,-1n4SS- t6E 0- -F67-(PS-4;7 0 ocToeeg- I(., 1989 To : T nA 44r.6bes Cl" /ADMIn11.5TRATOA. EAGMI Cary +6%.LL 383c PIL17T +W06 RCA'b E.:oynf MN S512 -'L oA: 7-ot4_4 3 G.T"se-1AE G2lGes 44o9l VERrno#1T AJ EAG" M.A SS17-3 tcoAE': 6Bb-Q'f56 Soet+J AT I.Jet '• 89.1-'i383 PE.. QLAM ProfsLE..MS pal- M1-. + s-bse s, Ttt/a�l� yev Fc --.e: -rws oRPo1zTUIQ"ry -ro ExPKESs o„g CprICEJ"S A$owr -mF- Sr4.FfbgZ PLAGfe_ DE✓ELOP/IkENT: Wfe. f,4>'JE 3 fRoeLe�s. P-MW41AG Ti -VO -004+4 T4 F- SACIL OF 0&+2 ,PROPERTY. AT T1+1'5 T I AkQ A TO -7-- Ac+l {}AS 8E E n1 CuG .4 W. %TV ,t SILT 4rLbu1 4E.aJvLy 1-+WotxdH T#IS TREe1C4. WE ARE. CoAcE[.A-mQ-r4+jL.T lF T4tE "T'� O 4 Is NIovsp 1 VJF_ #Jt'LL _6096_ CUIL 13 rGlATLLAF- To -ECS 'T1+Ar eIST dEfty CLcSE Tb Tt+- TVSn1Ge4. M109, To T -"f- T12.EIJc-+ Iseopl6 Qllb� Ou.iL fK-OPE2T-1 CO IIEcT*,C:' ALL_ Tt+E '-FLeW OF WvTEfz :b SALT IfiLoM u:P- sT"A� m..—n+ELzft:l -E 1nIE RESPEr uLLy R'EOLLEOT T j+AT T+1E 'Exi sTl AG TREnic l+ 11AY1 Al , 2) 1JATB !Z o JET- F-o%P , O LL2 P(2:o PE A7,1 I'S o til A CLLL-DE-SAG. A -S you• *(AV6- i-( SAP -0, V.1i: * AVE A Se-%/&"— PROBLEM W+MtJ W E t1-AJE a (2Att1 of I%la i, efZ Mo2E. OLS CLLR DE- frac- VJAS FLooDEb ., 71+&- v hwr R ROS Er IS FetT FRoµ T" e- SI-R.eeT UP To A Cu*- FUZE AT T#E .LAST STDRM. -MF— Cary of EA6s►n1 }�Ap A R+0Z069-APPHE(<< OLM T++,E /4"r lftv� Itiio"iACG $'''TDOIL 'NhA&r-,P US Pir—T—U, s of ouR f%o!1,L5'E, lA�A�.ae- you�.'Jt se -EAI -n+EPA., -r}HsIs yE y uAnl6EftoLLS. A SWkAI Cy}I'LC p,/Z AA AJ Abu yr , VJ+f o 11A Q6t+T +}A%./P- 'Su PPEO I ►J T -}+e Itip � A CoLL1.:0 tFIAVE. E:ASI LLy �Q.bvaNE:�, 3> LEtrdS - A TµIS TIAAf—, WF- tiA�E BEFj� Issv-eZ LAr4oscraPlNU Ir.lC. Fold *so8.Eo Tt+iS LEjw1 IS I L EG^ BE.L-ALLSE WORK WAS CoN1PLETE)� 6 It 189 .0 T44P- L£IN I's DATED c1 /2'7 (89. RAR-.. {-EEAGES, t4+$sE ARE CwfL- ftoSLIESIAS. ( T -"sr N -04k $ 'J Mi STAFF WILL T+IoRDUG%'L.y INh/ESTI6ATE oLLR> ConfceLfj% tA i -4 -0 -LP WS. IF goLL ttA.rE Ar44 FwpToEp (:�uesna. OR- Aj FC (1 pssl sr owksc c►J AAy WAy ,, PI:E..sr_ Co ^t TACT Its 'T}FArJ1L �/o�.l �EC� IuU,ICk+ ,J*W b (CA-r%E-f l PJ E 6f-tG er% IF rr �Tee., .- - - _740 ,� . c.L� ceea&a�l on, . cc «, _1z 988 . --- ..-4,�e--/Za.� .�� .�a.�Ec.ned _ �c��.��.Zoc.c�cr? •-���r,�cz.Lc� �--- i — � 9.rtt-- 3 •...�1tm.�Cu�, �� G'drz�iio� �/z.v ,o ,v�v _�th¢� -- e�,zpt 989, . -Me- c -�4 --- -- CC� /Q/,c.c.Gc�i:2�erU _..�-��tp _.��-hc.�.L�_,Q�'t.u.�►v Clile�. ------ 7 y ,.tiz v _./LCL6vBz�-C �[nv S��t • -roc,�-/L,GLc�rz2e+�-rQO_�%ZQ/taQ, �.�-� . Z/,��i — —. -`�lZ�Lc�R2/ ''u�o.�he�_.�z'a U7'ZJ �C.t2_.�'.Ci2, �C•C/Z�_ .. _-- — - �n-�iecE .cn�...ncc•i. �v�'�-�-r.�.oz --G'�t.4"-✓�2�--�-z`� � �- --- - %, .�".� n,tcz- 2� C[1�2.�Z'Zc�C✓rl Win, ./Ih. f'uc�a cL� �c.2Qe.�� . ,..�t'�ei LI�.zCL. -�C�7Z (ILvL G�e�1/{t-t�)fLJ�ze�rt2: • �Z!!-L[ .Q-(�jG - -- �iQ•�nLt�C77-L/ rn; - ✓ tet/ �:%L��. Ca/1Q2'P?20, �JQGi'✓.�l,0fi>, .2 G, -- ./7'L(�ic�TG�, �� .,�-c,��,GL�.c�'an �✓� �.co �ii.ec�-c�'achsd • - -- �2C0--- �L.c���- 6 .L2'- ���',(;'1JL�7]['72�X Q�lt-2�11.z�,/l.�! �pglZ�•. �n/�.��.Z•C (.^"c ,�J��e�[.G°72J /L�Z-Cl /'•2' �a�'12L�1'L7-�%� *�I)2d 9�ao _Z17, 1, - 02 ,2 Gaeltip .QcC ye) 92 �Z1 �m�ct��.�✓ ss�a�3 , 11-19 BRIAN D. LYNCH 4079 STATES AVENUE EAGAN, MItOMSOPA 55123 (612)-454-8443 October 9,,1989 Eagan City Hall Tom Hedges City Administrator 3830 Pilot Knob Road Fagan, Minnesota 55122 Re: Problems and Leans from Frontier Midwest Hanes. Dear Mr. Hedges: I am writing to make you aware of the problems we have been experiencing for Frontier -Midwest Hates. interiorFinishes: Veneer on front of breakfast bar does not match the rest of the stain color within the house. Exterior: Rear part of property has severe erosion problems,, .and all attempts to correct (performed by us) have, failed. Mechanics leans` North Metro Landscaping has placed a lean on our property for work they oontraeted with Frontier Midwest Hames. For the Amount of $508.80. I would like to thank you in advance for your time arra attention to this matter. Also I have enclosed 'a copy of the Mechanics Lien for your information. sincerely, Brian D. Lynch S MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON, FLASKAMP 8 BRENNAN W. O.FWMAMP ATTORNEYS AT LAW WILLIAM M, HART C 0. KNUDSON STEPHENJ FOLEY LO BLANCHARD KYLE E MANSFIELD THOMAS L ADAMS 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SHIRLEY OKRENT LERNER DAVID LORFIELD TIMOTHY W RIDLEY DAR♦ W, HOCM JAMES Y. RILEY MINNEAPOLIS, MINNESOTA 55402 WCTOPIA L, WAGNER LAURAJ, NANSOH JAMES F. POEGOE MICHAEL 0 HUTCHENS LAND PODNJ A.RICHAR . DHENO TELEPHONE 1612) 338.0681 JONN J. YFDONALD. JR. McOOAAL DONALD CHANCE MARK.JR. MARK J. XELEY ROBERT W FRAZEE AUR CUED ID nAcICE 4w N CHRISTIAN A. PREUS KENNETH W DODGE yA II3G`L.p ...AHFAII MAL J. YEAOER GPY Y. MAOSTROM YCMKLWFGIM IIYIOIA AND NYOD10N MARY M. OFPIEN STEVEN C. EOOIMANN - DAVID A,ANDERSON BRADLEY M. DOUGLAS J. YUNPHEAD WRITER'S DIRECT DIAL NUMBER ANES DREA A NELSON CHARLES E. SPEVACEK ROBERT E DIEHL CHARLES M BECKER DALEN LSRUER ACBE AT&SALMON JAY C RENTON ROBERT K VA .NBKLJR. MYMOND L TAHNRyOMNSON THOMAS M. CROUCH - CORTNEY 3. LDNEAVE L E. MEAGHER, R106-ID79 LEATMA L GREIN ARTHUR L GEER, 1900.10" JOHN C HUOMES September 27, 1989 MW DEER HOLMES yUaR R SHELLEY &SIMMERING ' THOMAS O L•IAXTON OF =UMBEL L L MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON II MARK COACHMAN A.W. NELSON TELECOPY 10121 3!0'0!04 TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KATY/,G Enclosure siinn"cce_ereely, Yeager-9� Karl J. State of Minnesota, County of Hennepin Karl J . Yeacer being duly sworn, on oath says, that _ he is the attorney for rof:NO^T^ METRO T.atancrsoTmr. INC -- i , the corporation which is the claimant in the within statements. that --he has knowledge of the facts stated in said statement by reason of the following facts, to -wit: He knows the same to be true of his own personal knowledge and upon information furnished him by the records, officers and employeesof; NORTH METRO LANDSCAPING INC. that ___be makes said statement at the imtance of mid corporation claiming said lien; and that the statement is true of h-j.L ona knowledge. NOT Nal--_ - SI tiv! Bally a. RICMrOson Kat J. Yeag ttorney for Nobry Pualic—NlnnasOla Clalmery�t7�, rNnn•vI^ County Subscribed and swamt fore me thin MY t:omm. ErD. 617At day a a A THIS INSTRUMENT WAS DRAFTED BY a hAruit OTARY URUC o MEAGHER GEER M EKL&M. MERSON, ADAMSON, FLASK MP S BRENNAN u tifoods Tower, 33 South -Q-- Minneapolis, thMinneapolis, MY5402 AFFIDAVIT OF PERSONAL SERVICE State of Minnesota, County of being duly swam, on oath says that on the day of .19_. --be served the foregoing MeehartiC' a Lien Statement upon (the owner therein named) (the authorized agent of the owner therein named) (the person who entered into the contract with the contractor)' by handing to and leaving with said — awe and correct copy thereof. Signature aprAtlAL etArl Oa YJL AR aFN[RTITLL OR RANRI Subscribed and swam t9 before me Chia day of 19 SIGNATURE Or NOTARY rUaUC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of Henn p, n Judy Backes of the ri ty of County or Hennepin _ , State of Minnesota, being duly swam, says that on Lhl,�day of centemh , 19�9q.. he served the foregoing Mechanic's Lien`5tetement or `"""""' t ` l 1 i =* e d nn Ar r a ehme ^ a Re r therein named) (the authorized agent is the owner therein mmedl )the person who entered into the contract with the contractor)* by mailing to said ._ __ , _ t h t horet•m a copy thereof by certified mail, M'nnea ol-L enMinnin en envelope, postage prepaid, and by depositing the fineino epeafs�--2I1 nt*aehmenpt hereto Minnesota • dtreeted to eatd last known address. at each said fee owner tsl a •�-- � •MNI ` NOFARIA 6T•M / Srtar! _fir Lary bic.M1ac00-�7j(,� �Nntary Pu011e—MlnneaOU Subs ed ands oro W before me this - — =s NannaOtn County de of �SEp -ser �'�, M. Carom_ E•e. a.v-9t y •straw wt paraeaa sot aDYlimSl•. --uoN•Tu • T.RT uua o. oFNu =rnnu I I I Illy I�Sc 112 IYtI f I� ..+ I S •= Ird oar C a e C e I fJ El •C w� r5 j c u9 I y o $ '09 mac V y o o ,'e y . Rena A. V A. � Z 4)s o o u g t pn i:O L B N ado o mm t)m �?yoy �9 °a, a U 4L •°'.mo oZ W .Lrr.l.. wYw eriTn�,lw.IMY Form No. 80-44 ;Hereby Given, That it is the intention of NORTH METRO INC. the laws of the State of Minnesota , with its address at to claim and hold a Gen upon the tract s of land lying is the County of See TIt1P of state of Minnesota, described as followa, twit: Attachment hereto See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for .the gum of see amount liened on Attachment noGars with interest thereon from the—• --&Y of • 19— That said amount is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed in that certain improvement of said land described as follows, twit NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1: Tree and shrub planting; 2. Grading; 3. Sodding; and 4. Building retaining walls. That the name.—of the personforwhom and at whose request said material was lurniahed and said labor performed is ae follows, twit FRONTIER MIDWEST HOMES CORPORATION. a/k/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontler Midwest Homes C That the date of the fust item of said clalmant'e contribution to said improvement was tis AS shown on rhe dffxd a h e h r %i4 and the date of the Let Item ther"bUzr daf+m( h -_ __ .h_ ......h..e... herern .'Aa That a description of Cbe premises to be charged with said Gee. to the beat of said claimant's ability to as ArLs', the sans, is aa above given That the name—of the owner—of said land and premises, at the date of mating this statement, according to the best Information said claimant now has or is able to ascertain, isfapet as shown as That a copy of this statement has been served personally or by certified mail on the owner or K its authorised agent or the person who entered into the contract with the contractor within 120 days of the doing of the last work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd. 2, if any, was given Dated thief -&_day of September _ 19 89 Attorneyy foreNO 1'H TRO T nuns CA.lf '.s'n. tw V MECHANIC'S. LIEN STATEMENT ATTACHMENT DAKOTA COUNTY Street Legal Address Description 4079 States Avenue Lot 16, Block 4 Eagan, Minnesota Stafford Place 4085 Vermont Avenue Lot 18, Block 4 Eagan, Minnesota Stafford Place same date for first and.last improvement unless otherwise noted . � 1 Amount Liened and Fee Date 6f Owner Improvement' Brian D: Lynch $ 508.80 6/1/89 Robert S. Tyler $ 508.80 6/5/89 same date for first and.last improvement unless otherwise noted . � 1 October 9, 1989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Mechanic's Lien Frontier Midwest Homeowner Notice from North Metro Landscaping Dear Mr. Hedges: Several neighbors have indicated that you are the appropriate contact for the above referenced problems. Please add us to your "list" of homeowners with problems regarding mechanic liens served against their property. Following is our personal problem. North Metro Landscaping Inc. has filed a mechanic's Lien in the amount of $508.00 for 400 yards of sod work they did in our yard. This sod was to be provided by Frontier as part of our purchase agreement. He have absolutely nothing to indicate that we would be responsible for paying for this installaton. Should you require documents which indicate this please let me know as soon as possible. Any assistance that you can lend in reconcilling this problem is greatly appreciated. I have included a copy of the mechanic's lien as well my husband's and my work and home phone numbers should you require any additional information. Thank you in advance for any assistance you can lend. Sincerely, Ann and Daryl Reinhardt 4146 Braddock Trail Eagan, MN 55123 Home phone 687-0331 Ann at work 298-7598 Daryl at work 633-5150 ext. 285 MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON, FLASKAMP &BRENNAN W. D.FLN9AAMP ATTORNEYS AT LAW WILLIAM M, MART G D KNUDSON STEPHEN J FOLEY A. O BLANCHARD KYLE B. MANSFIELD THOMAS L ADAMS 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SWRLEYOKMENT LERNER DAVID OORFIELD TIYOTNT W. RIDLEY GARY W XOCH JAMES M. RILEY MINNEAPOLIS, MINNESOTA 55402 VICTORIA L WAGNEP -�AUHA J. HANSOM JAMES F. ROEGGE MICHAEL O. HUTCHENS A RICKLI) BUMO TELEPHONE (912) 335-0891 RODGER A HAGEN R. WEGORY STEPHEN! JOHN J YCDONALD, JR. DONALD CHANCE YMRJR, PARR A MELEY ROBERT M FRAZEE AVNDII0E0 TD MAG'fIC[ I.Y, W CHRISTIAN A PREUB KENNETH W DODGE Y WxD10fA.lONA,KAxBA ILARL J. YEAGER GAMY M. MAW TPOM YGpW,MMiM DANN. AND M%OYBH MARY M.ORPIEN STEVEN C.EGGIMANN DAVID A.ANDEASON SAA=M.. NES THOMAS U.STIEBER DOUGLAS J. MUTAHEAD WRITERS DIRECT DIAL NUMBER ANDREA M. NELSON CHARLES E. SPEVACEK ROBERT E DIENL CHARLO K BECKEP GLAN L BRUER ROSERT E SALMON JAY C. PENTON ROSEPT RFAFIMSKLJR RAYMOND LTANHK JOHNSON THOMAS M. CROUCH OORTNEY S. LANEAVE L E.MEMONEP, t00B-1BTB LEATMA L GREIN ARTHUR E DEER, 1905-10TT JOHN C HUGHES September 27, 1989 JUUE HOLMES MARK AWJONDEA EA SHELLEY A.SIMHERING THOMAS C. LEIGHTON OF COUNSEL G L MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON II MARK C BRENNAN A. W. NELSON TELECOPT 141121 338-8364 TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KJY/G Enclosure Sincerely, Karl J. Yeager O,.1CC 1S Hereby E't)y 1� P?l, T...::::.:.�..: . .�.'.. '. :DSC tRING a co oration under the laws of the State of Minnesota , with its address at c1�n State of Minnesota, described as follows, tc w : ntz-mc-Ir.,en t heratn See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for the sum of see amount liened on Attachment Dollars with interest thereon from the --!—day of . 19 Thatsaid amount is due owing to said claim, t !or Professional landscaping services a 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed in that certain improvement of said land described as follows, to•wit: NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: Tree and shrub planting; Grading; Sodding; and Building retaining walls. That the neme_of the person—for whom and at whose request said material was furnished and irperformed is asfollows,to•wit' FRONTIER MIDWEST HOMES CORPORATION, e That the date of the first Item of said dalmant's contribution to said improvement was ohs as s h awn en *he &W -L he,a*n y18 and the date orthe last item thereof%hc ac chWAofchown nn *ha A**aah,nen* hu Te*n 'As That a description of the premises to be charged with said lies to the beat of said claimant's ability to ascertain the same. is as above given: i That the name—of the owner of said land and premises, at the date of making this statement, according to the best information said claimant now has oris able to ascertain, i~ --Ls s shown as the fee owner on the Attachment hereto which is incorporated by That a copy of this statement has been served personally or by certified mail on the owner or K i t s authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice es required by Minnesota Statutes Section 514.011, Subd. 2, if any, was given. Dated this i day of September 19 89 C.1 AAttoorsney for NORTH TKO Stateof Minnesota, County of Het n - - - e Karl J. Yeager - tieing duly sworn, on oath says, that_ he. is the _ within netemenG; that —�he has knowledge Wthe facts staled in said) statement. by reason,of the foUming iacts„tosit He knows 'the.same to betrue of, his own personal knowledge and upon information furnished him by the records, officers and employeesof NORTH 'METRO LANDS^_APING INC. that — he makes said suwment at the Instance of Bald corporation claiming said Req and that the statement. is true of b1& awn knowledge. Nines �a� ongewubl-c—maeamn. I tcg,�aNaa ennspi CoOmy ole Aerl J. Y ge d 'Attorney for N.^na^Gan 17 Claim My C:anm, E.p_ atret Subscribed and mom tobefore me this .. ,day of, Se e- - , 1$B_. THISINSTRDMENT WAS DRAFTED BY - - - nose ��� murmwcoaomu orrlT MEAGHER, .GEEK. MAR%HAM. %TbERSON, ADAMSON,. FDASKAHP i' BRE'RBRB u tI oo s Tower, 33 South 6th Minneapolis, M9560 sAFFIDAVIT OF PERSONAL SERVICE - State of Minneso, County of being duly mom on cath says that me the. day of - .1B— --be served the foregoing Mechanic's Lim Statement upon (theowner therein.tamedltlthe authorizeda Seat of the owner thereineamedl (the person who mterad'mto xmulu 0"' OR stat ea mxza nru oa Bute Sigoatan Subscribed and sworn tq before me this day. os . 1B nexenea[or xmur near os orx[e ornate ' AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, Comty of H nn vin Judv Baekes. of the City o5 Mi ==poi+= Count •.of Hennepin -, Slate of Mlnnesoca being duly eworq says that on the nay o/ S o inn r , 19 R9 he eervedhhe;loregoing Machmie'e Lien'Sutemenba fee '(=11'= ed nn -ate sr•hm=n{(th er thereintamed4lthe authorized' j agent of the owner therein named) (the person who entered into the contract With the contractada by .mailing to said a copy thereof by certified main, enclosed in an envelope, postage prepaid, and bydepositingthe aeroe in the post office at M: nr, ,pmt+ = Minnesota ,diraciedwsaid fee own-r--Isl on ae rw rhm=nt hereto' at address. xm exu ' cnerason 5igmture Notary pu014—Mian0a01B �`{'}.� Ha^moin Gsunn Subscribed m sworn tobefore me this MY Gomm. Era e. net day.ol1 a�(Cytersher •Strike OutWruom tlatapplicable. aez"e I•�E .L'$a o.'n "G �e Yin �O • d coq A O �.� .O •C.0 �. o�,C/i o, V. a Y in C t Y z Cm `o,= Big n'oW av " p a 3�pC Ey s Icos eZ m MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA COUNTY ' same date for first and .last improvement unless otherwise noted N, Amoun Liened and Street Legal Fee Date of Address. Description Owner Improvement' 4146 Braddock Trail Lot 48, Block 4 Daryl D. Reinhardt $ 508.80 Eagan; Minnesota Stafford Place 7/21/89 4145 New York Avenue Lot 47, Block 4 Frederick T. Jones S 508.80 Eagan, Minnesota Stafford Place 6/23/89 ' same date for first and .last improvement unless otherwise noted N, October 1, 1989 Frontier Companies 3902 Cedarvale Drive Eagan MN 55122 RE: Completion/Correction of Work on property located at,: 4031 Pennsylvania Ave, Eagan MN 55123- Stafford Development. Dear Sirs: On October 1, 1988, one year ago today, we, the undersigned, entered into an agreement with Frontier Midwest Homes Corporation to buy a home of'which they would oversee construction. We have made repeated informal attempts to;have certain work completed, and certain damage due to incomplete work corrected since we moved into our home on January 20, 1989. This letter should serve as our written request for the still incomplete or faulty work that must be done, as well as a formal filing of our dissatisfaction with the manner in which we have been treated by your company. The following items have as of today, not yet been completed according to the terms of our agreement with your company: Grading of our lot, with all slopes retained at a 1:3 ratio Construction of a concrete step inside our garage for access to the house Gift Certificate for 400 yards of sod. The sod has been received, but has not been paid for by your company Because these items have not been completed, even though we are now entering the fifth month since the agreed upon completion date for the escrowed items (grading and step), and over eight months since the date your company promised to provide us with the gift certificate., we have experienced the following list of damages: Approximately 150 yards of the sod that was installed on our property has been destroyed by flooding due to, improper, incomplete grading, and by the carelessness operation of heavy construction equipment We have been unable to .use over one half of our property. According to our agreement with you we should "not do any planting of trees or shrubbery prior to our [Frontier's]' grading". We have been unable to plant trees or shrubs, lay sod on the back portion of our lot, construct our deck, nor use our back yard in any other Danner A list of delays for which Frontier would not accept claims for damage was included in the construction agreement signed by your agent, Don Rockenbach, and ourselves. We note that the delays in the final grading of our lot, the construction of a concrete step in our garage, and the payment of North Metro Landscape Company by your company for our sod does not appear to be found on this list. If the agreed upon List of'delays does contain the reason for r which youcontractual agreements have not been not, please inform us so in writing within ten days of receipt of this letter. If, as we 'allege, it does not, ve,expect the following retribution to be paid within that same time period: Payment be made to North Metro Landscaping of the $593.:60 your company currently owes that company, thus causing them to discharge the lien which they currently hold on our property Cashier's, check in the amount of $600.00 so that we may subcontract for the construction of.a garage step and purchase sod during the next growing season to replace the sod destroyed Grading of our lot in accordance with the terms already agreed upon, and in conformance with the specifications of the plans on file with the city of Eagan since the development was first approved.I The compliance of completion is to be verified by both a city and lender inspector shortly after written notification by your company that grading is complete A.formal apology and explanation letter from your company on these delays and avoidances made torus by the various agents of your company We are extremely disappointed with the actions of Frontier. over the past several months we have acted in a manner which we consider more than generous,, giving Frontier the opportunity to rectify the situation outlined above "off the record". We can no longer be that generous, as time and again the message we have received is that Frontier does not intend to correct these matters without force. We cannot in good conscience recommend purchase of a home from your company, and feel obligated to warn the general public of this matter. Therefore, a copy of this letter will be filed with the Better Business Bureau and the Builder's Association of Minnesota if all above mentioned retribution is not addressed in writing to our satisfaction, or completed within the stated time period. It does,not.seem prudent, in the highly service oriented and competitive world of today, fora company to show such an incredible lack of commitment and caring for their clients. We hope, for the -future of your company, that you learn to better manage the business that you so eagerly seek. sincerely, Timothy and Minda Anderson F7 T0: Tom Hedges, City Administrator and Eagan City Council FROM: Mark and Laura Sletto 4110 Braddock Trail, Eagan, MN Lot 57, Block 4, Stafford Place DATE: October 10, 1989 RE: Frontier Midwest Homes Corporation As you requested at the October 3, 1989 Eagan City Council meeting, the following are our concerns regarding Frontier: 1) Potential lot problems: Attached is a copy of the survey map for our lot, prepared by Hedlund Engineering Services on February 18, 1988. According to Lane Wagner, an engineering technician for the City of Eagan, this map is the same as the original grading plan APPROVED by the Eagan City Council. The northeast corner pin, the only portion of our lot near the hill behind the houses on Pennsylvania Avenue, was measured by Hedlund Engineering Services in August, 1989 at 893.9. 'This differs by one-tenth of an inch from the 894.0 stated on the survey map. Obviously, the problem with the hill is not due to our lot being flat. Frontier created the problem with the hill when it dumped excess amounts of dirt down the hill. That excess dirt is not part of the original grading plan. The only "problem" that exists with our lot is that the southeast corner is approximately 4 feet low. Hcwever, that is of beneficial value since it changes the drainage direction away from the hill. We do not intend to pursue any change in this corner since the entire area., has been sodded. We would prefer no change in the southeast corner. We closed on our house in May, 1988; received final grade the end of October, 1988; seeded the back yard in April, 1989; reseeded portions in September, 1989; and planted trees in August and September, 1989. We have no desire to start this process over. We will NOT take the blame for Frontier's inabilities and failures; nor will'we pay the consequences. 2) Inspection problems: Attached is a copy of our building permit. The footings, foundation and roofing inspections, along with the rough plumbing inspection were never completed. The problems we have noticed so far have been minor; but we are unsure of any future major problems due to the lack of inspection. With the Frontier Development takeover of Frontier Midwest Homes Corporation, we fear the homeowners in Stafford Place will have no recourse for present and/or future problems incurred. The City needs to foresee these potential problems and keep whatever funds of Frontier's it has access to, in order to take care of Frontier problems. Engineering Services 9201 East 8loomingtonFreeway IHedlund 'Surveyors Top of Foundation .899.4 y a9 Bloomington, Minnesota 55420 Land Civil Engineers Land Planners Phone. 888-0289 AW Surrewrt eediAute IAMfff BOOK_ PAGE_ JOB NO. SIR -55 SURVEY FOR: Frontier Midwest Homes Corporation DESCRIBED AS: Lot 57, Block 4, STIAFFOPM PLACE, City of Eagan, Pakota County, Minnesota and reserving; easements of record,. 033 -85 c;3 1.`, 7 / W N< CERTIFICATE OF SURVEY \Z I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. b Date: t / Is / as ren, License i4a. 14376• PROPOSED ELEVATIONS v i Y Top of Foundation .899.4 y a9 Geroge Floor .899..0 o , Basement Floor .•896..2 Approx.'Sower Srvioe ,Elev. a btt k Proposed Elevations r �) '3 Eiuting Elevations ,q Drainage Directions ...,,,.� OAcres Offset Stake � O' J3 ./ P \ 2 .0 . \ \ QaS9 e �q W N< CERTIFICATE OF SURVEY \Z I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. b Date: t / Is / as ren, License i4a. 14376• C> Required Inspections 1. Footings 5. Insulation S -> > 6. Fireplace 2. Foundation 7. Plumbing: Rough Final 3. Framing iL-22 S. Heating: Rough r` 4. Roofing 9. Final NOTE: House Numbers Must Be In Place Before Finaling. A5Is: =x-100 .. .l' Ijp�IVFy �fpT 4�hril S a. � _ S .q � ��{;:Jni'i�'.R�y�YY. i� �`.' , 5. ry^'y'dy��. �+ i7�., Nr�• . KENO TO: TON COLBERT, DIRECTOR OF PUBLIC WORKS DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT KEN VRAA, DIRECTOR OF PARRS AND RECREATION JIM SHELDON, CITY ATTORNEY FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 4, 1989 SUBJECT: STAFFORD PLACE At the October 3 City Council meeting, action was taken to direct staff to prepare a list of reasons declaring Stafford Place in default of the development agreement. Residents of Stafford Place are to prepare in writing their concerns and present a letter or statement to the City Administrator's office no later than 4:30 p.m. on Wednesday, October 11. Realizing this matter is a default of the development agreement, I have asked that Dale coordinate the issues and prepare the default notice with your assistance. Dale will more than likely categorize the issues that are addressed by residents into Engineering, Parks and Community Development and ask that you prepare some findings for his memo/report to the City Council. Unfortunately, the time frame is tight realizing that the City Council will determine and establish reasons for the default at the October 17 meeting. Please see Dale for further information on this item. City Administrator TLIi/ j eh � l /l/9 -11-01 LZ C?Q /�E'c'6r172./IZZi!"�c� �..�� ���" �i"•-��c.� yLG'7�...z /l•�r�.le (:?3 Dear Mr. Fitch Dept. of Engineering 'City of Eagan We wish to be on the City Councils agenda this Tuesday Oct,. 3 1989 during the business session. I have pertinent information to relate to our Council regarding the grading of Stafford Place Development in Egan. r, �7 Im John T. Glynn 4027 Pennsylvania Ave. Eagan Mn. 55123 (14 23Alkl- ��n��R7 - yA Y6a� -AOL 4128 New York Ave. Eagan, MN. 55123 October 5, 1989 Mr. Hedges: I would like to thank you for your interest and cooperation in working with the situation at Stafford Place. I hope the Council appreciates the deep concernthat the homeowners have. Frontier has left all of us with a bad taste in our mouths and we trust that with the City's help they will be held accountable to perform. Per your suggestion at the City Council meeting I am outlining my concerns as it pertains to our property. We closed on our house in September of 1988. We never received a final grade. As a result we have experienced a great deal of drainage and erosion trouble. Our lot contains a storm sewer drain which collects run off from the ravine that runs through the development. This drain, cannot handle the run off and as a result we have a lake in our yard. everytime it rains. Hedlund Engineering has told me that even with the revised grading and drainage plan this problem will still exist. This Summer we were told that the ravine would have drain boxes that would collect and slow run off. This is no longer part of the plan. . The grate on the storm sewer drain is broken. Frontier broke it when they were moving dirt this Spring. We brought it to their attention as well as to the city. To date nothing has been done about it. There are many children that play near the drain. I shudder to think what could happen. I cannot stress strongly enough that the broken grate has to be. replaced! At the City Council meeting I was dumbfounded to discover that the revised drainage plan had not been approved by the city. Frontier is out moving dirt and apparently no one is supervising. We were told that engineers would be out making sure the job was done right. I'm deeply concerned that Frontier's work will again be only a band-aid approach, done as cheaply as possible. We will continue to have drainage problems, Frontier will pull out, and the problem will remain. The front of our lot is also a problem. We almost were flooded out on the morning of September 8th. Water rose to within 5 feet of my front door. The water got so high it started to run between my house and my neighbor's. This saved us from being flooded. It was just luck since Frontier never completed the proper overland drainage. No swales were ever installed. The water got so high that night that it just ran everywhere. What is going to happen when we get a really big rain? At our closing we were promised 400 yards of sod installed. We recently were served a notice that a lien may be filed because Frontier hasn't paid the sod, company. Frontier has responded that title insurance will cover i't. There i•s some question whether the insurance wi=ll' cover this type of 1'ien. As I mentioned at the City Council meeting we enjoy living, Fn Eagan. Th,i,s is where we want to raise and educate our ch',il,dren,. 'Unt,iI we ,get these problems resolved, however, every day that goes by is a reminder that these problems are ccnt,Lnuing. It is beyond my comprehension that it has taken over four months for any action to be taken. It has been very little action at that,. This is causing everyone more stress than they deserve. I hope we can resolve these issues soon. s i'ncerly,, B,l.alne 'Duxbury ME Ci!, of Ea^an Ea _;n City 1--n;nci1 Ea.oan. Minnesota Ref: Frontier Midwest Homes Dear Council Member, This is in reference to 1�'b? reauc—sting written the council meetina held in Octob-r complaints or problems with Front7.Er `.!o -t rig=m i i e r .are IecE i':'1 ng mechanics 11 ens ti-om ?LiL•- _pri? I a1, Lnr= b•II'1•_' '_onEt.1,11Cted our homes. Frontier Home=_ a.i F not 11'i._ LI,Ei4 l- Or, r3C t 1,s f o i wOl'1', preformed. As per t.hc at - '.•&[.PAF';. _ r. E: I',"_r=i`1Ed two 11 er1e. One lien tollands C a G'i 1,K: 3:i}. alli�l'.ha l" Ocie lOr t•1 �. I'+.?OI: !di'n'e WdV !. 0the l' 1) gl'Itri �I'q l:. _ !'Z r.r']'.'d';i in'_!la.nics 3aens i'C',I' j'luml:.ing; _:as pool -up' ' -1i i,js11 �i r!nt l sr Home'. 1 col IEC ti no the • mon•3`_r f r(im t.li:3 re nct 1-!avi na t. hear Cont 1, ac tnl"'s. Liu I'a ri_i lily- In I`1 .+!rl'1. 1we =ondVC ted a title Cea,!ch. of C:j C— lir, 17 I.'E ._r.' __.. HGb„ ,. .:n t -i E' NE'bJ fiOII!E'O b: rl E'r %E ��r C. E'CLEiS a s"1 I'1_L r. tit i. I'I ::. '- f'.'! ti cs 1r_`d 1-118'! that F I'6ntiel Midwest Home's La- at' fer-•I•.r:el .hi,:• to EtnOth_1' 1,16.111_ e1, _61111.', ny s /.a!l',-f E1" lil oWf-r! E.h F, Will Ii4 `✓e thE:'�I O 111 .1,O_l'IE.I- '-•' W �...r•lr_. icr: i=d_•rl• ��!-tc'Imcd to their I.,ICPE,rty. 1 am req'_estirl•,=: .:'1. =:!!i ,Df t 11,.. r•' lop!.' 1n to thiE ma: L to i' and pi eve11L a"i'j t.:kI e ..l1 ol.'t_tand J!'Io dEbtE.. ale paid. Even tIEE=anCJ ``=CMe deb Ls will be in order. IUUI atteat-io!I and respond in this matter will be high ly' rrt_ro;:.l ia.te. I will gather other homeowners to attend the Oct,a- b,-! 17th meetlna. Sin'�erE]'•: �1a10 °�i �rILE Ola Perin;ylvania Ave. 1.114 5612= -'111!11'2: i!1i11pfj 'I EEiL-G!7�.j Uf f '. =e MEETING OF OCTOBER. 37, 1989 From: Gordon D. Multz 8 Donna J. Daun /� /J3 1016,M 4013 Pennsylvania Avenue Stafford Place - Block 4, Lot 4 1) EXCESS AMOUNT.OF FILL ON BLOCK 4, LOT 3 It appears that when the basement was dug for -our home the dirt was not hauled away but was pushed onto the above mentioned lot. We would like the excess dirt hauled away and the lot brought to grade as shown in the platt. Currently the'dirt from Lot 3 is washing down onto our property and our sod. Frontiei's•position is to do nothing until the lot is sold except put bale"s of hay on the lot line. This will not stop water and soil from running onto our property. Their solution is not acceptable, excess dirt must be hauled away and water drainage bi as if a house is built on it. It should be noted, that this lot is the only unsold lot on our side of the street,. 2) HILL IN BACK OF OUR HOUSE Since the purchase of our home (July 1988) the hill has been altered' from a gradual slope .to, in our opinion a very steep incline. Why this was done, we do not know. What we do know is that truckload after truck- load of dirt was hauled .in and a bulldozer created this hill. There were a few nice size tree's on the hill at one time but they were buried by the bulldozer. This hill was created without the consent of any home owner. Soil erosion.and water drainage are bid problems. Water drainage starts most likely with the property that is on higher ground. Any city approved plan must address these problems along with the empty lot -next to us. The lot next to us must be sodded or seeded in some way to avoid the dirt from washing down onto our property. The same is true for the hill. As a suggestion - build a retaining wall between ,our property and the empty lot, 'beginning at the end of our house 6 ending about where the hill starts. 3') IN SUMMARY, ANY CITY APPROVED PLAN MUST ADDRESS THE FOLLOWING A) Water Drainage B) Soil Erosion C) Block 4, Lot 3 - Bring to grade as shown on Platt D) Hill - Put back as shown on platt E) Sod and/or seed all areas where water drainage can cause soil erosion F) Pian must be completed this fall to avoid water drainage and soil erosion problems next spring G) T4ee replacement - At least three (3) that we know about H) Survey all lots with hill in back 6 mark lots with metal stakes Note: Because of Frontier's mis-management of this project we have not been able to finishourdeck nor have we been able to do the work on our backyard that we had planned to do this spring 6 -summer. To; To.^. Hedges Fr on: Robert & Candace Lynch 8$4 Ventnor Ave Re; Frontier i:idwest Homes Corporation Dates Cctober 6, Ic8y This is A List of Problems And Concerns we Have with Frontier Mid.iest Homes Corporation. }fail pops throughout the house -Screens blow off windo::s,as some were broken ..hen .is moved in. At the tirie we did not take then off and check then. -Countertop in Kitchen is co^.ing apart at a corner, -Aluminum Siding on garage was bent when we moved in It has never been fixes -Overflowing on the corner of York & Ventnor, Backyard has never been propErly grade -1 causeirg erosion problems, -large piles of dirt are dumped onto enty lots,grass and weeds gru.- there and are never cut which makes the ::hole development look HUAPIi_ ..,hare a ho.._ has not been built. Lien on cur hone for 508.80 froNorth ietro Landscaping Inc. On Lien it says our sod :;as laved 6/Z;/ :'nen actally our sod xas layed II18t_ 1;e hop=- can help us '.rit.: are cor.cerns, Curs might seer, stall to you but all C7]r javin_S are ;,iE� up _n this h0�.-.e. �:le boL`_ht in ZAGAn because i:E �hrO7�ht it >:ould be a'GrEat -ce _..__E cur Ecys,Eut At this tire we feel as ..-e have been taken as it was -..e Z_`.y ii ..'O __.•Je ,ron,ier Li:i Fest Homes the licenses .. tic; Enable:. tne- to Fieri_ STCF --. fror: dciaa _ae same thing to othe people. '.'ork ;t 627-2e56 HOME # 688-7828 `ore # 688-7b28 JUNE BEHREND RAHMAN 4120 NEW YORK AVE. EAGAN, MN. 55123 TOM HEDGES CITY ADMINISTRATOR EAGAN CITY HALL 3830 PILOT KNOBB RD. EAGAN, MN. 55122 DEAR MR. HEDGES, THIS LETTER IS IN RESPONSE TO THE CITY COUNCIL MEETING OF OCT. 3 IT WAS INDICATED THAT YOU WANTED A WRITTEN LIST OF CONCERNS WITH STAFFORD PLACE HOMES, AND WITH FRONTIER MIDWEST HOMES CORP. MY NAME IS JUNE RAHMAN, AND I LIVE IN STAFFORD PLACE AT 4120 NEW YORK AVE. MY HOME PHONE NUMBER IS 688-7597. MY WORK PHONE NUMBER IS 924-2932. I AM ENCLOSING A LETTER THAT I HAD WRITTEN TO FRONTIER IN THE PAST. IT WILL TELL YOU OF SOME OF THE PRIOR CONCERNS THAT I HAVE HAD WITH THEM. SINCE THAT LETTER WAS WRITTEN, THEY HAVE FIXED SOME OF THE PROBLEMS, SOME OF THEM THEY HAVE NOT. MY SERVICE DOOR IN THE GARAGE WAS FIXED SHORTLY AFTER THEY RECEIVED THE LETTER. I ALSO HAVE SINCE RECEIVED THE SOD THAT WAS PROMISED ME. PROPER GRADING OF THE LOT STILL HAS NOT BEEN DONE. AS STATED IM MY PREVIOUS LETTER, I HAVE HAD PROFESSIONALS TELL ME THAT IF THE GRADING IS NOT FIXED IN MY YARD, MY HOUSE WILL SUSTAIN WATER DAMAGE. THERE HAS BEEN BULL DOZERS OUT IN MY YARD RECENTLY, BUT ALL THEY SEEMED TO ACCOMPLISH WAS TEARING UP SOME OF THE SOD THAT I PERSONALLY HAD LAID MYSELF. THE WORK THAT REALLY NEEDS TO BE DONE HAS YET TO BE ACCOMPLISHED. AS I'M SURE YOU'RE ALREADY AWARE OF, THERE HAS BEEN MULTIPLE DRAINAGE PROBLEMS IN OUR DEVELOPMENT. MY HOUSE HAS NOT HAD PROBLEMS YET, BUT AS I JUST STATED I HAVE BEEN TOLD THAT IF THE PROBLEMS ARE NOT CORRECTED, IT IS JUST A MATTER OF TIME BEFORE I DO. A NUMBER OF THE HOME OWNER'S HAVE ALSO RECENTLY RECEIVED MECHANIC'S LIENS AGAINST OUR HOMES FOR WORK DONE THAT FRONTIER HAS NOT PAID THE CONTRACTORS FOR. 1 PERSONALLY HAVE RECEIVED TWO OF THEM. ONE IS FROM NORTH METRO LANDSCAPING, INC. FOR THE AMOUNT OF $508.80 FOR SOD RECEIVED, WHICH WAS SUPPOSED TO HAVE BEEN A GIFT FROM FRONTIER. THE SECOND LIEN Ikl:---) � RECEIVED WAS FROM J&W ASPHALT CONSTRUCTION, INC. FOR THE AMOUNT OF $558 FOR BLACKTOPPING MY DRIVEWAY, WHICH WAS SUPPOSED TO HAVE BEEN ESCROWED. AS I STATED BEFORE, MY HOME ITSELF HAS NOT HAD WATER DAMAGE PROBLEMS YET, BUT THERE HAS BEEN VERY BAD DRAINAGE PROBLEMS IN THE CUL-DE-SAC IN WHICH I LIVE. THERE HAVE BEEN TIMES WHEN WATER HAS BEEN WITHIN A FEW FEET OF A NEIGHBOR'S DOOR. THERE HAVE ALSO BEEN RUMORS GOING AROUND THAT FRONTIER IS PLANNING ON FILING BANKRUPTCY. HOMEOWNERS OF STAFFORD PLACE ARE VERY CONCERNED ABOUT WHAT THAT WOULD MEAN TO OUR DEVELOPMENT. THANK YOU FOR LISTENING TO MY CONCERNS. I PLAN ON BEING AT THE COUNCIL MEETING ON OCT. 17TH. I FEEL ASSURED THAT THE CITY COUNCIL IS CONCERNED WITH THE PROBLEMS IN OUR DEVELOPMENT, AND IS READY TO TAKE ACTION. SINCERELY, JUNE BEHREND RAHMAN JUNE BEHREND RAHMAN 4120 NEW YORK AVE. EAGAN, MN. 551'23 612-688-7597 1 AUGUST 1,989 Dear W Oakes: This letter is confirmation of the many phone calls that I have placed to Cathy Nordby over the past several months regarding the condition of my home. After repeated phone conversations with her,. the problems are still not corrected. There are numerous small problems, but two main problems that must be dealt with. 1. The grading of my lot has not been completed yet, and I have been in my home, over seven months now. I have had a professional landscaper come out to look at my home. He states with the way the lot is now, I will very likely sustain water damage to my home. He is willing to testify to this in court. You may consider this written confirmation of the problem, which will be used in court if necessary. 2. The service door to ,my garage was hung improperly. 'There is about a 6-8 inch gap between the ground and the bottom of the service door.. Pictures, have been taken of this to be used in court if necessary. I think it's unfortunate that you get your customers upset to the point that they must write letters like this, and threaten attorney's, to make you live up to your contracts. I know that I am not the first customer to discuss legal action with you. You may consider this written notification that I am finished pleading, asking, and threatening. The work I'm talking about would probably not take more than 3-4 hours to complete. It's unfortunate that apparently you don't think it's important enough to do. I am keeping a copy of this letter for my files. If 'the work I mentioned. is not done within 15 days, I will consider it a breech of contract. Since your company has 'already known about the problems for several months, and I am giving you another 15 days to rectify the situation, I don't think this is unreasonable. If it is not complete in 15 days, I will assume that you have no intention of l03 living, up to your contract. You will then leave me with no alternative, but to turn this letter over the the Better Business Bureau, the FHA, Channel 11, WCCO I -Team Channel 4, .and my attorney. Your advertising represents your company as being a reputable, quality builder who gives customers their money's worth. As a customer, I' find your workmanship is not quality, and your customer service 'is not reputable or responsive. I sincerely hope that this is a large misunderstanding, ,and that you have every intention of living up to your contract. If not, you will leave me .no alternative but to distribute this letter to the above mentioned people. I will also leave a sign in my front yard, next to the water stick that is still sticking up in my yard, stating my feelings about your company: ,I hope that it does not come to this. I just thought I would let you know in writing what my concerns and problems are, what I expect to be done about it, and what my actions will be if it is not., Sincerely, June Rahman TO: TOM HEDGES CITY ADMINISTRATOR FROM: GREG S CHRIS TAMBORNINO, STAFFORD PLACE RESIDENTS) HOA:E PHONE 688-6419 WORK PHONE 571-4801 DATE: 10-05-89 847 VENTNOR AVE.(LOT 30, BLOCK 4, EAGAN, MN 55123 MR. HEDGES, I would like to first thank you for your concern with our problems we have with Frontier Midwest Homes Corporation. LIENS: North Metro Landscaping Inc. filed a Mechanic's Lien dated 09-27-89 in the amount of $508.80, for sod that Frontier didn't pay them for. GRADING: The surveyor's Certificate we were given at closing was dated 07-11-88, this certificate was not an accurate one because they had revised the survey on 07-12-88 without our knowledge. We were only able to find one of five lot markers that were to be in place. We asked Frontier for assistance and all they said was to "go and buy a tape measure". Our lot had been graded and re -graded approximately four to five times, each time changing the shape and pitch of the lot. I had asked Frontier if it was ok to sod our lot they said yes it was ok. I did this to make sure they were done changing the lot. The machine operators that worked on our lot never used a map to determine how it was to drain. The poor grading left a valley on the north side of our lot approximately 20' before the property line, and runs the entire length of our lot from front to back. EROSION: When it rains, lot 29, block 4, Stafford Place dirt washes onto our newly sodded lot. We have to rake and shovel after most rains. WOODWORK: Thereis a wooden spindle that was installed upside down. We have been asking Frontier time and time again over the past year to get this fixed and as of this date they have not done so. SIDING: There are areas on the aluminum siding that have dents. Frontier assured use they would have them fixed, again they have not done so. Don't hesitate to call if have any questions. Thank You / jL r J Greg D. Tambornino c•: October 9, 1989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Frontier Midwest Homes Corporation Dear Tom, As a owner of a Stafford Place Home we are responding to a request by the Eagan City Council to concerns over Frontier Midwest Homes Corporation. We moved into our home in October of 1988 and it has been a very uncomfortable situation, especially since this is the first home we have ever owned. Presently we have two concerns and they are: 1. Major foundation cracks in our basement and across the basement floor. We notified Frontier at the beginning of June 1989 with a Home Buyers Warrenty claim form. Nothing has been done about the problem except a few visits to our house by people that offered us absolutly no answers. I realize that this may be a problem that you or the City Council can't help us with. We have followed the proper channels in trying to solve this problem. The City Council should be aware of Frontiers inability to take action to solve problems. 2. Since we moved into our house in October of 1988 our property has yet to be cleared of mounds and hills of dirt. We have been unable to do any decent amount of landscaping because out property lines are covered and unreachable. I've called Frontier(mainly Paul Oakes) many times on getting our land cleared, but as usual they have sat on their hands and did nothing. Every time it rained hard our back yard of our house had standing water for up to 3 days because of the drainage off of the huge hills. My wife and I have lived in Eagan since 1986 and are very happy here. We have heard nothing but complaints concerning Frontiers inability to carry their job all the way through. Were hoping that their not another "take the money and run" corporation. We will both be in attendance at the October 17 City Council meeting. Thanks for taking time to read this. Sincerely, Pete and Jean Busch 821 Shortli'ne Eagan, Mn 55123 Home Phone 688-7490 Pete Work 332-0040 Jean work 9-27-7004 LX A.:4.3 / , ! -O r N 3930 &LICL4, Mn! ss� as wt � o r••. . Ates. J.�. f p. s-A�44J /14-C 7 (AA;.r14,:J W e cu ge. �/oysc i� •5 u fern + a_ wr, 44ni 1, s ! `' &� t.:a.,, s /�/.`.I!l d`w: �/&A'o o.•, '1A.4 A A.✓wr ,lis V4v"4 M,%veY! (,sU.`�' lr.�..c 61rw /o/ftr/'tj. k/F cru 4. ,, \c L i tj rnoaf%l arema X:n;4. rA 1 Know Tl4Ft 1 -T'S A; o7— /UoiewL� i s 6e c Psf 6•� �e - .� /rare pveN UNa�(¢ � �i[�' r� k;iti � ,sf G � r kwts ICA 6000e 14V.C'C'�e D" CA., Ari oaf 5,-p cel e 17 , yo�o SA%A,-i Aje. e"� �� f�N � itiiN 55/a 3 W134- j3,.uct iit=�L-•LSL e'1.u�1[, s,., j.a,i:a 80 Vi—y9i :1-40A=,ad711 2260-3SL WWOH' :4e pa:4=t4wo all ut:= am suolgsanb Aue are a.,aallq }I 's GUlgooy al.1q gS'L1,1} ['ill's '.j=nigs"OD .\'[OadoJ4 .jou PTP xag4 [aa} am •pa=ald a.de sEulloal ally }oils aq4 4e quawo&Eq oul ul C a10 al rz: ns 6"laas we _m OSIV-uaqun= still eade 0qj Moll pl.le :1•IT.p Orn ll'L ?.i"w aq4 pa[Ilr Aag4 pile a=vIda.11l w ,lop U! w6uTIOUJ Ind I611lO1J Pcll ,Aq .. "4o[ Ana I..Iejuj+ o; aW14 alOWE Wal..l:j. WAY6 a/\eq aM JaZI pUe 5q I00U1 2T Jo+ awaq Ann UT Uaaq •-xqq am ;41nmaj 01, peq a.••elj 4nq [.v.'•.i wa—1 aq :}•,[p a1.1 _'F law 6U!gsa'nbaa s%iW14 lvd,.as r•5['IU04j pc]:ji'ciu? O"E4 0.1 10 JO I..1:1'nW 'j.so'[ an1:q am engj 04na+:ll';dd ,I11:! 10 .Iapl.11e Wa., MqQ PASS Q Wl0 oq alga u._aq :LOU aAsq am 61alp Ja punow sti•I.I:L J asn_=aq Snid 'p.rNA13•..I u'[ Bujq}js lljgs q,dlp Jo punow e? ej ajagq :13e} -+y ul anp _a111a Q iadowj ano :de} Mo1..1 MOU4 qou op am ' p. eAMjvq Ono c," f.pi.,E pal u i u l f aOnsll ^cell [ •. pas ano pap'l oo ld qn [ qu -011 Eu ds=spuel 004aW g4snN Aq Qwado.dd Ono Lao usi l e paAMBS 1.-3..acj a•.ay GM I 53H0H L53MUTW :J 3I LiMHd °cf3(I""Illns dInU I.IT eW SPIJ'J:',ND i 610 'Al (33VAJ QAWAV13i AV JON I.[J3� , 098 801AVI AGNIJ A 13VH3E I ;1.OJJ PIHJH3 JO !.lID ;(l1. 6861`01 a.J:.190L.J0 =31VC1 HONORABLE MAYOR VIC ELLISON AND MEMBERS OF THE EAGAN CITY COUNCIL We are the residents of 4027 Pennsylvania Avenue, Stafford Place, Eagan, MN. We have complaints that fall into two categories. They are under the categories Gripe and/or Dissatisfied. These are important issues and need to be addressed immediately. Our utmost concern is the hill behind our home. We were assured by our agent, Don Rockenbock, that our lot and adjoining property would remain in its present condition as we viewed it in April, 1988. We advise you to view Jack Foley's video tape of the site. This original property was a rolling, contoured hill with a slight climb. We were especially pleased with our lot selection and we were one of the first buyers in Phase One of this development. This hill began to change shortly after we moved in with the addition and spreading around of what Mark Parranto of Delta Development believes to be 400 truckloads of dirt per our conversation on October 5, 1989. Both Mr. Parranto and Paul Oachs of Frontier Homes, Inc. have admitted the landscape has changed drastically and we quote, "would not like it either". We believe the soil erosion problem is being addressed but our greater concern is the increased height of the hill, as much as 13 feet in spots. We advise you to check the elevations from Randy Hedlunds most recent survey in comparison to the original figures. This added height and the placement of the hill to the west essentially robs us of our daylight and solar heat. Additionally, the questionable state that this hill has been in has effectively stopped us from landscaping and improving our property, directly affecting its resale value. Under the Gripe category, we have a load bearing wall that missed its footing and managed to pass City Inspection, we have pictures of this. Frontier Homes spray painted our house on a windy and later, a rainy day. This resulted in paint on our shingles and scratches on our windows from Frontier Homes callback crew attempting to remove the paint from the glass. Also, a large portion of the sod we managed to get washed away during a storm. Additionally, we have repeatedly complained of a metal rod sticking up above ground on our property line. In conclusion, our Mayor, who's platform has been quality con- struction for Eagan, needs to take a close interest in how builders are satisfying homeowners. It is extremely irritating to see Frontier Homes continue to build more homes with out- standing debts, unsatisfied liens, bogus promises and a pacifying attitude. We urge you to mandate that the hill involved in Block 4, Stafford Place, be restored to its original grading plan as approved by the City of Eagen. Mr. and Mrs. John T. Glynn of aagan 3830 PILOLKNO&ROAD MC ELLKON EAGAN. MINNESOTA 55122-189.7 PHONE; (612) E54-8100 FAX' (672) 4548363 1/10MAS EGAN DAVID K GUSTAFSON September so 1989 PAMELAFA TKODD EW CHTTER Ca " rH/''�OyNVS.HEDGES ONibTY1 ftWV DELTA DEVELOPMENT, INC. EUCENE� Cw`FRBEKE 12940 HARRIET AVE. 80. SUITE 250 BURNSVILLE, UN. 55337 RE: 8tafford'Place Development City Project 9.87 -EE Grading Plan Compliance Dear Mr. Parranto: In reviewing the grading plan for the Stafford Place Development, it is apparent that the existing grading which has taken place within the development does not conform with the grading plan reviewed by the City and referenced in the Development Agreement. The Development Agreement identifies a completion date of October 15, 1987 for the proposed grading. As witnessed by last weeks rainfall, there are serious erosion problems within and adjacent to the development whichare attributable to the lack of compliance to the grading, drainage and erosion control plan referenced in the Stafford Place Development Agreement. Based on our phone conversation yesterday (September 7, 1989) you stated the grading was completed in a timely manner and the lots were turned over to Frontier -Midwest Homes Corporation for development. This may or may not create a conflict between the City and Delta Development. As you are well aware, the Stafford Place Development Agreement is between the City, Delta Development as developer, and Frontier -Midwest, Homes Corporation as the owners. A meeting has been scheduled for 3:00 p.m., Wednesday, September 13, 1989 at the City Municipal Center to discuss a number of items relating to the Stafford Place Development. Some of them are as follows: Site restoration �. Erosibn control maintenance ,/3. Storm sewer lines clogged with sediment Z THE LONE OAK TREE ... TME SYMB .H AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer ✓4. Compliance with grading plan referenced in Stafford Place Development Agreement. ,/5. Block 4 drainage swale and storm sewer system •'6. Emergency overland drainage swales The above list is not intended to be all inclusive for the outstanding issues relating to the Stafford Place Development, but provides the basis for discussion at the Wednesday meeting. If there are any conflicts with the time and date of the proposed meeting,'please advise. Since ly yo%ur�s,{ Mic ael P. Foertsch As istant City Engineer cc: Scott Oaks, Frontier -Midwest Homes Corporation Randy Hedlund, Hedlund Engineering Thomas A. Colbert, Director of Public Works Jerry Bourdon, BRAA Craig Larson, BRAA Craig Knudsen, Engineering Tech. MPF/jf �x)' -"b Q LL r1r)rrr 000 J.'( 14,1110 V,f .�, 0Gr .+k Uw" �z \_�QF.- "I rn. .r IV e 3C • e 'jlVLS +'tiaSt' 1zc'05 e - A c� L F --�.%—t� �' f ��,E .s c ,ry & nce� n5 .Iw,�l0rE b'W i n ` 4-A ke•n Q M f Yl 2 ILJ Li- Mf It Ta �0 v �1 John & Kristina Allen 4023 Pennsylvania Ave. Stafford Place Eagan, MN 55123 Home phone 454-74+3 October 10, 1989 Tom Hedges City Administrator Fagan City Hall 3830 Pilot Knob Rd. Eagan, MN 55122 We closed on our house on December 159 1988 and moved in tro days later. We were given a list of call backs (work to be completed after we moved in) as well as a list of escrowed items to be completed in the spring. This original list of call back -items was completed, butat an excruciatingly slow pace with many gaps of several weeks between jobs. The worst of these was the shower in the master bedroom. Soon after we moved in we noticed water coming through the ceiling in our front hallway. Frontier Midwest Homes tore out the ceiling, supposedly fixed the problem and plastered the ceiling. A week or two later the same thing happened. Over the next four or five months they (Frontier Homes) made fifteen or twenty trips to our house trying this, that and the other thing, in a attempt to correct the problem. It took until August of this year (eight months after we moved in to dis- cover the problem?) When they installed sheet rock, they neglected to pull the plastic covering before applying the ceramic tiles. This problem mentioned above is just one of many examples of shoddy workmanship in the house. Doorways and stairs and �a ar chways are crooked or offline, half the nails missed the beams that they are,supposed to be pounded into, many doors do not close properly, etc. As for the escrowed items, the paint job was applied in less 'than one day and looks it. There are spots that were not even painted, paint was spilled'along.the foundation,and,rather than clean it up they tried to cover it with dirt. I'm sure our house will need repainting in a year or two. We did get our driveway, but. there is a problem with it, which I will mention later in the letter.. Our sod was never'layed. They did have to wait until the driveway and walkway were in, but those two jobs were completed in May. ICt is now October and no sod, yet,.. The hill in back of our house is a disgrace, It is not graded according to the original plan the city approved (apparently it was built up to accommAdate the people living on the top of the hill), when it rains the water rushes across and through our yard, sometimes two o:r three feet ;deep. The erosion is so bad that we have 'washed nwt silt right up to our house. Also the storm sewers in front of our house are either incapable of handling large volumes of rain and run off or are so clogged with washed out dirt that they can't do the,job. Both Pennsylvania Avenue and Short Line are usually two inches deep in mud after any major storm. Forra week or so prior to your Eagan City Council meeting of October ?, 1989 Frontier Midwest Homes were out grading the hill in back of our house and supposedly were going to sod the hill and our property as well-finally. When the council brought up the fact that the hill was not graded according to the original plan, Frontier Midwest abruptly stopped working on the hill and began digging foundations on the remaining vacant lots in our development. To me it appears that they are focusing on selling off whatever properties they have remaining in this area, after which they will be long gone. Is it not possible to tie up thear remaining unsold properties (by way of your inspection department or some other form of paperwork or technicalities?) Also, I have heard that Frontier Midwest has other projects either planned or in development in Eagan. I think you should make sure they finish our development and settle these complaints of ours before you allow them to further profit in new areas! One month ago I notified Frontier Midwest inwriting of some further problems with our house which need to be corrected. To datc I have not heard a reply or been contacted by them. a"ESently we are still waitine for the following work to be cone house"or our ^.e_ -e are numerous boards on the side of the house that are pulling away from the house and need to be nailed down more securely. 7herc:are e:'_so many boards that are warped. Is this allowable under E'agan's City building codes? There is a dinner plate sized patch in our driveway that needs to be leveled or rolled out. It either heaved or caved in shortly after the driveway was installed. '3) There are two rug=_ inside which, are coming up and need to be secured to the floor. 4) :here is a light switch which gives off sparks when it is turned on and off ( a definite fire hazard:). God yet (and probably too late in the year to lay it now °houl^n't rontier S_dwest pay us the escrow money now (�44o-5Jo ^e.en6:ng on whose estimate you use; as collateral against it being lavcE� even-ually a= they failed. to deliver on their prom -*se? or `.s t.'.ere eln. .^.Er solution? '�"e'd hate to wait until the spring for _rontier Midwest to lay the Eod and find out at that ;_-e th-y were out. of cuusineEe or bankrupt. =hE :.ill behind us needs to be lowered, graded and socked. a ^a- _-Ease have Frontier i•.iCweEt grade it accord -'ng t-- .. . _.ri—I rla.. ,b'.^._C. would mean _mower':ng the hill' Or GU It yC,:r.E1. ati ..h.Erp,E ..^.ElftfOr i,. ..=11 1JJli r'eaEE }]ave OnE Jf Vi.l:r building inspectors Call me EE= U7 a:, appo'_n;.T.ent to inspect these items of work we still .._= d -^e zn ....n house. "Ge are particularly interested. in what --eJtorG would think of the condition of the boards on the c` hJ -. -hank you for your help, John&Ysis Allen 11� kJe ale. •UA, oe,,Q A At"kn-ca_ j 5a `l Sa g. %l er- A5 apt" »�2 C14A e a�o-� Fwd ler m vee `zeal a Qan P / � ltr-Q— U a %: r G t> L �a Pie >velle !' f h ¢.0 w ILQI Wv AU9 U_ "-A�Yoty aGbss W, 114Q. ti) FivmfiCf (^�-w.� vun ccmrZ,(n}s 4 n k) o. 6w,�,c c.Q;P s�-wov�a ��."¢.,+,�,p'10-�'� (JAZ II &ana l p 8� Cour n in d-p" 6 (Jme 64pf,om-s '1 p0-��t�/�1 �"" �tAev�I7`c� l ry `�� t'h2 fh 0`cC-X-¢_ n0 aye. QQ, � Cy<¢„ rcl C,,, rezj ;� f 1— "rt" � fo iw's Pam we4uo,�? . AA: � y081( Fo y �l? October 9, 1989 To: Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan MN, 55122 From: Scott & Nancy Darwitz 4128 States Ave Eagan, Mn 55123 Stafford Place Lot 12 Block 3 Home phone: 688-7832 Work: 726-0862 (Nancy) As requested from the October 3, 1989 city council meeting concerning Frontier Midwest Homes Corporation and we, the above listed homeowners, the following is a list of problems, concerns and unfulfilled obligations: 1. Lien filed against our property from North Metro Landscaping Inc. for sod installed and not paid for by Frontier, but included in the sale of home at closing. 2. When choosing a lot to build home we choose a flat lot, home was built and grading was not done prior to closing because of time of year (late Nov.), at closing an escrow account was set up for work not done and it was not until spring that we were informed that the back portion of our lot was to have a hill. At this time I contacted both Frontier and the City of Eagan Engineering Dept. (Craig Knutson) in order to straighten out the grading. (Once Frontier knows your name and complaint they will not return your calls or reply to your written requests.) In talking with Craig, and the subcontractor (Frontier was negligent in responding to us) supposably the lot was resurveyed after our commitment and we were not notified. So now our home was built and we were stuck with a hill. I feel this hill will bring future drainage problems into our basement and that Frontier was negligent first of all, to notify us of the change and then by not answering our complaint. The following items need to be fixed/replaced by Frontier per the final walkthrough and the first week of occupancy. All items have been discussed with someone from the Frontier staff either at walkthrough or through numerous written requests to Frontier's office. 1. Front door hits banister when opened, needs to be adjusted in order for door to open fully (This is the only item Frontier has fixed) 2. Basement steps -4 steps have cracks that could cause someone serious . harm and need to be replaced --all steps need backs (was noted by Ron) 3. Kitchen countertop on bar area needs to be replaced --has 2 circular scratches in that cannot be fixed (Jeff came 2 days after closing to fix and was not able to, said he would order new one --no replacement yet), 4. Water pressure is very low, washer does not get any hot water 5. Property line stakes missing & 2 screens have cuts in them --rear dining room, screen and back bedroom 7. Patio screen door --handle is defective 8. Other miscellaneousitems per wa'Ikthrough defective trimwork,2gouges in linoleum, sheetrock taping is defective and sheetrock corner beads are missing in numerous places. We hope that the City of Eagan can enforce Frontier Homes to abide by their agreements to fix our home and to pay North Metro for their services. We feel that Eagan is a wonderful place to live, to raise children, to join in community activities, etc. but Frontier has cast a thunderous„cloud overhead. Sincere , SA �A Scott:(& NancyDarwitz / �q C - DATE: October 10, 1989 TO: Tom Hedges City Administrator Eagan, MN 55122 FROM: Joh & Diane Lavin 4037 Pennsylvania Ave. Eagan, MN 55123 Stafford Place, block 4 Lot 9 RE: Property and home concerns .tie are very unhappy with the situation in our backyard.'. -ie are one of the houses located at the bottom of the large hill along Pennsylvania Ave. There is no erosion control back there so after every rain we end up with 6" of silt which has washed down from the lots to the east of us. There is no drainage in the southeast corner of our backyard which means there is always standing water in an area :reasuring 10yds x 10yds after every rain. It doesn't seem like any water is diverted in the lots east of us, so we end ur with the silt and standing water. we honestly DO NOT know what the plan is for drainage in our backyard. It seems to constantly change every month. Secondly, we have been trying since Aay to have our shingles re- placed. Our house was one of two houses which received a fly- by-night roofing job by a company not on the Stafford glace site anymore. They did not nail the shingles down properly so they never sealed. ..e have too numerous to count shingles sticking uD all over our roof. `rre also had a half -bucket of water come down our entry light fixture during a storm because no tar paper was used in that area. A number of nail heads are exposed through the shingles. The quality of the roof looks terrible and it's water tightness is untrustworthy. We need assistance on getting this problem rectified. John has had to chase down their current roofers twice just to get the ball rolling on this. Frontier says they want to make us happy but we haven't seen any action Atheir part to prove this. m Sept. 13, 1989 FRONTIER MIDWEST HOMES 3902 Ceda,rvale Drive Eagan; MN. 55122 Dear Frontier: We have noticed a chunk of wood missing from the kitchen window slider. This was gone prior to us moving in because the damageo section has been wood stained. This causes heat loss in the winter. We need this repaired before the cold winter months. We also need our kitchen sink looked at. It gurgles when the washing machine is draining- Could this possibly be from one of our vents or, t1 -,,e roof not bei'hg uincapped`? If you have any questions, Than: You. Sincerely, Dave u k.a t'en AAnye.rson 662 Ventnor Ave. Eagan„ MN. 551217 DA1/ t;s feel free to call us at 452-7657. October 9, 1989 Tom Hedges City Administrator Eagan City .Hall 3830 Pilot Knob Rd. Eagan, MN. 55122 Mr. Tom Hedges, I am writting you today'in regards to a letter I received from Mark and Laura Sletto stating the Eagan City Council is requesting a list of concerns for Stafford Place homes. On October 2., I received a, certified letter from 'North Metro Landscaping Inc: attorneys. In it was a lien for the sod I received June 5; 1989. The amount is $508.80. Attached its a letter I sent to F'ron•tier,Midwest Homes Corp. on Sept. 13, 1989 regarding a window that needs replacing and a plumbing ventilation problems. Frontier has not responded to either of these issues. In addition, my sidewa.lk and driveway is sinking. I have already patched a hole in the driveway wi'th tar. There i'n nothing I can do to correct the sidewalk. =f you could be of any assistance with these•matters I would be most greatfull. Sincerely, David A., Anderson 862 Ventnor Ave. Eagan, MN. 551.23 Home: 452-7657 Work: 455-1611 Legal disription: Stafford'Place LOT 8, BLOCK 2 enclosure DA3/ts �aa- OCT 11 189 12:44 FROM ST PAUL COMPANIES DATE From Facsimile Number: 61.2/223-2045 Pitney Bowes 8000 - Automatic 11 & 111 PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE T0: /1 4 v 1 oo +tec Telecopier Number: FROM: r r NUMBER OF PAGES: d- (i,ncl'uding, this cover sheet) PLEASE NOTIFY U5 IMMED1ATELY IF NOT RECEIVED.pROPERLY 1-800-328-21'89 ext. Thank you,. jam PAGE .001 0 October 11, 1999 To; The City of Eagan, From : Paul L Maggie King 4077 Pennsylvania Ave. Eagan, ISI 55123 Subject: Complaints Against Frontier Homes We moved into our new home in the Stafford Place Development on November 23',:1988. The. Following is a list of problems that still have not been corrected --despite the fact that Frontier has been notified in writing several times as well as by countless telephone calls from us and our attorney: _ * Exterior "foam"' insulation that was sprayed,on the foundation block is z racking on the back and the north side of the house:. This must, be repaired and re -painted. * Exterior paint trim is peeling. This most likely due to the fact that the paint was applied last December in temperatures below twenty degrees F. * Improper grading in the rear of the property, caused mud slides which killed approximately 30 yards of sod that we had installed at our expense. Frontier must dig out the mud and replace the sod., * Retaining wall which Prontier had contracted to be built in June of 1989 is already falling down due ,to faulty construction. Wall must be re -built. * Exterior caulking where foundation meets the frame of the house was never done. , Frontier Homes has agreed to fix all'the problems but have continuouhly made excuses auto why they have not gotten around to it. I am sure our problems are not unique, as I have.heard the same stories from many of our neighbors. In my opinion, Frontier should not be allowed to build any more homes until they have completed all the existing homes in the Stafford Place Development. If there are any questions about these matters, I -may be contacted at 421-7101 (work) or 454-0176 (home).., Thank you for your consideration. Paul R. King` �4 EL o b Q�- .f'"�� .ti.p1 55 1 ZZ yV:'� % ! S 1 � � �� l �•► a.� ..�atl\C r. (11i ltiV•' � S L= .� C- ;' ', � (rl ra.` ''.. r.1 t (A a(`'`"t Ik`�Ca` �`•1C �..._+'� :'1a�i. n� �4 �� 1a•�. •Jr tea•.+,. \rcvv% yrr-c `a�a.�;r �e .`S -C�.c a'i r.� \\4 a. ti�'� �t:. a a\ac•: k �.4: a : 4,a,.• F1�a skwti,p �. �.v+ina\a,+� cti. la�,�.c� `�, \,,.,•: _ ,�� kW�.+-� ewaiS b� �ro..l� r1�aJ,•ar— �1-�,i.y ra},.•�. \i to S.a. *�aC.aC,+-�a.,� „�e1el•.dse� b -A oiL�a„I� an ow. �\o ?c-t`a-,1 . .50s.%Z. �.,:.. w w � .� - � - .� «. Sam( a.._..b� Y a�"� , � 5 ems►. �tt..� Vi Y 4S.ja%--* ..k a �{...a L%tl Lt �....+L1 , La- `tea `7•a d+pc.r. �'�AOw� ,L•n:.w.� C.L i•�•••+► �`�-e.� Vi.-�s r.a•'►r� (ye,,::.. .�.: ...� a. a� u, � V®�....�c�s��i..o. C�eJG -- is b.�•. r1 �._ .�•ae:,-•a. too. �� �.c ,�.. �.- :moo:: • 1 p_c\C• .�\ } �J L�Gr�_.-•.-tet �•`�-\ .. �wt`.L �1ti].�.C.\Ce. "ti"C lJ��•._S% e� �..:. C[a.� e�. CkL.�. C.k �. c v .i i1c- C,- 40 40 �+_.p C� o�•�..-k u� ��� CiTi,.�-r.. .`�'-�� bort ` _ _ tt V .6. lt�--•.•�e�r-�- y,aliD ' In., W� Z�`+-1.. V..-�.Li�L•SD-•�J . ��u.._.� ' � a (til\ {•\iJ�VL\. �..li...�1 ur�....s �'�• �a::Ca �,r Lw.<'•�.S-� d -,.r,• A. -. ��.� C��- •. :'�:..{ M '�L 1�t•.:....v�� `L11`�R•�rV.` �Car� '1Z� � e��til'� C �p�C _E i\•�' o ,1 : C 1�f C��� .' Al C ,��� \ C t �• i`hc _� '63C'�.ti%c vac +�,�� .l' �•icLW CC..C_ �1tLL ••- �I oma. ^ d.v.5 .vti.�, -%:.- h �t.�.�- •.•..•, October'8, 1989: Tom Hedges City Administrator Eagan City Hall 38370 Pilot Knob Rd Eagan MN 55122 RE: Stafford Place Residents list of Grievances Dear Mr. Hedges: Over the past seven months we have made a multitude of phone calls to Frontier Midwest Homes Corporation to resolve the issues listed below. During that time we have never officially been notified of any efforts to resolve these issues, nor have we had any communication from Frontier that indicated the least bit of interest in.resolving these issues. In the city council meeting held October 3, 1989 a request was made by the council that each homeowner in the Stafford development prepare a written statement of concerns we have regarding completion or correction of work to our property. Please consider this letter our list. Our greatest concern is that the grading of our lot has never, to our knowledge, conformed to the approved grading plan. This has resulted in: Flooding of our yard Destruction of our sod Water leakage into our basement Excessive erosion of our property Damage to our air conditioning unit Noxious weed growth in the backyard Delay in our ability to construct a deck, plant gardens, trees or shrubs, use our backyard in any manner Another concern surrounds the sod which was installed on our property by North Metro Landscape Company. According to the agreement between Frontier Midwest Homes Corporation and ourselves, "The seller will provide a gift certificate at cloning for 4'00 yards of sod, including finish grading and installation." As no gift certificate was given, to us, we had no control or knowledge of when or how the sod was .installed. The sod was therefore not laid according to the Landscape Disclosure agreement. (see attached) Nonpayment of the cost of sod, final grading and installation (the majority of which has been destroyed by flooding and construction equipment) to North Metro by Frontier has /a� resulted in.a lien against our property amounting to $593,.60. (see attached) Finally, a concrete step has never been installed in our garage. The contract and work completion escrow statement both clearly state this is part of our agreement. Our concern now,is that these matters be corrected immediately, and 'that future potential Eagan residents'be protected from the lack of responsibility that Frontier Midwest Homes Corporation has demonstrated to its community, customers and creditors. Our plea to you, and the entire Eagan City Council,, is to take immediate corrective action against Frontier Midwest. Homes corporation,, its assigns and subsidiaries, to the fullest extent of your authority. As it says in one of Vic Ellison's advertisements for reelection, "When you move pr build here, you can expect well planned developments and strict enforcement of building standards to protect the value of your -home." We are calling on this promise of enforcement to protect our entire neighborhood. Please do not allow Frontier- to escape their obligations to their homeowners, their creditors, and our fine community. Si cerely,� 4imothy and Minda Anderson 4031 Pennsylvania Avenue Eagan MN 55123 687-0514 home 3.72-1382 Minda at work CC:- Eagan City Council 6-7-88 FRONTIER MIDWEST HOMES CORPORATION Landscape Disclosure Seller will provide a gift certificate at closing for'400 yards of sod, including finish grading and installation. Front and side yards will be completed first, with any balance ,being placed to rear of home. In the case of an oversized,or corner lot, approximately IS feet of sod will be installed on either side of home before placing any to rear. I The purpose of this gift is to help control run off in the area and to create amore aesthetically pleasing neighborhood. This gift certificate.is in no way apart of the plans and, specifications,,, or the appraisal of thia.resdence. Seller will use best efforts to supply high quality sod, but will not ,guarantee or replace any deemed unacceptable. Date: Date: /O '�y0 Buyers cf owl 'gment Given, That it is the intention of uonrx MrTRO ■ torpontion under the laws of the State of Minnesota . with i4 address at 10150 Trail Have— Read. Rngers Mt„ ♦ as�7e to ci and hold a lien upon the tract a of land lying in the Comty at SeeTit 7 f State of Minnesota, dacibed u follows, tawiC Attachment hereto See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for the enm of see amount liened on Attachment Tonere with interest thereon from the day of 19_ That said amount 4 due owing to said elalmast (m Professional landscaping services ' 30th day after the date of the last improvement as specified on the Attachment hereto. and perlormtl ' n ®t of said land described u follows, Wwit: NORTH METRO LANDSCAPING IN provided professional landscaping services, a or ani-7IIaTerials, including one or more of, but not limited to the following; 1. Tree and shrub planting; 1. Grading; 3. Sodding; and 4. Building retaining walls. . y II That the s....i the pennon—for whom and at wham lsbwnwfwmed is fW&we.towit: FRONTIER MZ Frontier Midwest Coro a/k/a Frontier w Homes Coro. That the date of the first item of said e4lm.ne's eeetri6ntle. That a duciptlen of the ptemias to be Charged with acid lien. to aerials the mama is as above give and said . a/k/a revement was ten, ae shown e data of the last Item dureohtia M9 0 Met of add CWmant's ability to Tbet the ams e/ the Nwnw---d aid land and pswmius, at the data of making this statement, nanewding to the bat information said eLlmenc now bas or Is able to aa�tafq newt e s s Mown e s . f.. nVnCT Mn ♦h. 11♦�..,. a __ That ■ copy d thb statement hu beenswvtl pwweaBy m by cw WW =U en the owneror>« i t s authorired agent or the person who entered Into the contract with the tetntrattor within 170 days of the ddng of the but work or fltrniahiog'the Iad It® Of Nath 5M matWW or maehiowy as provided by Mlnoewta Statotm Saetion 614.08. That sotles u required by Mh=muM Sututa Section 514.011. Sobel. >; if any, was gives Dated ebls Z] A day of September lgB9 � aar9e�t� G _ Attorn/.eyyof NORTH T SIWDSYA?ia1C Tun State of County of Henna sworn. an oath.. says, that _ he is the the corporation which in the claimant in the within statements, that --he has knowledge, of the facts stated in said statement -by Leeson of the following facts, towit He knows the same to be true of his own personal knowledge and upon information furnished him by the records., officers and emplcyeesof NORTH METRO LANDSCAPING INC. that Jta mWm said statement at the instance of add corporation claiming mW lien: and that the statement is true of h11 own kaopledBs Nor ! am-c—Mlnnfwu Rarl J. Yq ge is" P" Attorney for i� w.^^aol^Loa^b Claim YrCornm. E.o.-&17-0t Subscribed and sworn to before one thia_2 day of( Se a '_ , 1L9_ THIS INSTRUMENT WAS DRAFTED BY YGNA r r:or.al MOUC ea oraca 0Mc" MEAGHERGEER MARKFIAM.EASON, ADAMSON., FLASRAHP.4 BRERIUM inti oo s Tower; 33 South 6th Minneapolis, M95402 AFFIDAVIT OF PERSONAL SERVICE State of Minnesota, County of being duly sworn, m oath says that 00 the day. of ,19— --be Nerved the foregoing Mechanic's Lien Statement upon into - (the,owner therein maned) (the authorised agent of the owner therein maned) (the paean who entered the contract with the contractorle by handing to and leaving with mdd — a true and correct copy thereof. Signature xor .., rtuvoa •.•�oa mxsamuoa ueu Subscribed and sworn t before me this day of , 19 ,lcNArvac or Noraal4N,uc on oresa omcju: AFFIDAVIT OF SERVICE BY CERTIFIED MAIL: State of Minnesota, County of Hannenin Judy Backers of the o1 Com of Henn nim State of Mimewta being duly swom,asye'that'on c.-1) jd. �_.._, Seohnmhnrr _ .1993. the served the foregoing Mechanic's agent of �the, owner therein named! Ithe parvo who =Lased into the contract with the mailing to said IPP -.. on attachmant a heroin tgPy'thereof I =closed in an envelope, postage and by depositing the saw in the poet office at—k Minnesota. , directed-tosaW fee- Own r Ie1 On a+ at each said fee owner',s - Wl Nor ay W. nidKirawm Bigwtun Na -fy iubl,C—Mlnnawla subscribed an wwwomm to before me meaaapn Cnenly aty,cugm.,E.o &1741 day of-°�RtJ'm,�.�— ! I % �. .Strike out.porcon,not appkeabl,. r a �o L za .$ _ 1. Id 199 L MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA COUNTY 4031 Pennsylvania Avenue Lot 8,'Block 4 Eagan, Minnesota Stafford Place Timothy S. Anderson $ 593:60 first 6/6/89 last 6/28/89 same date for;first and last improvement unless otherwise noted (3y ESCROW AGREEMENT FOR POSTPONED REPAIRS/IMPROVEMENTS This Agreement made this 20th day of January 19 89 , by and between Frontier Midwest Moms (•Beller'), INVESTORS SAVINGS BANK. F.S.B. ('Lender'), Timothy S. ANderson and Minds K.M. Anderson ("Borrower"), and Dakota County Abstract ('Title Company'). This Agreement is made to ensure the satisfactory completion by the Beller/ Borrower of certain repairs or alterations to improvement ('Postponed Repairs') regarding the loan on real estate located ati 4031 Pennsylvania Avenue Eeaan. Minnex_ta 55123 and to cause the Lender to disburse the mortgage loan to the Borrower prior to the actual completion of the repairs. NOW, THEREFORE, the parties to this Agreement agree as follwsi 1. Postponed Repairs. The term "Postponed Repairs' Includes all of the following: (list In detail all repairs) DESCRIPTION COST Final Grade (retain all slopes 450.00 over 1-3) Asphalt Driveway 700.00 Concrete front stoop, sidewalk, 11000.00 garage floor, and step Paint exterior 250.00 CONTACT ESCROW COMPLETION DEPARTMENT AT 546-7222 WHEN ALL ITEMS ARE DONE. 2. Seller's/Borrower's Oblioatfons A. Completion of work. The Seller/Borrower agrees to complete the Postponed Repairs on or before the lst day of lune I 19�0 , or such late r, date as may be approved by the Lender and - N Borrower. The Seller or Borrower must notify the Lender upon ( completion of the work. The work must be completed to the Lender's satisfaction and in accordance with any plans speclflcations for =1�''I�-" } -• the work.CONTACT ESCROW COMPLETION DEPARTMENT AT 546-7222 WHEN ALL --- ITEMS ARE DONE. b. Seller's liability. The Lender and the Borrower each have the right to enforce the provisions of this Agreement. In addition, the Seller/Borrower remains personally liable to the Borrower ,a ',�i; .;u• for the satisfactory completion of the work free and clear of all liens. C. Payment for labor and materials. The Seller/Borrower agrees to .. .. .. � pay for all labor and material necessary to complete the Postponed Repairs. d. Deposit of funds. The Seller/Borrower has deposited f 3,600.00 constituting at least one and one-half (1 1/2) times the estimated cost (Minimum of 41,000.00) to complete the Postponed Repairs (Including the Inspection fes, If applicable, as provided In S.A. below) with INVESTORS SAVINGS BANK, F.S.B., !0801 Wayzata Blvd, Suite 300, Minnetonka, Minnesota 55343. e. Payment of additional cost. If the escrowed amount Is less than the actual cost to complete Postponed Repairs, the Seller/Borrower will pay the difference to the Lender within seven (7) days of the sailing of written notice to the Beller/Borrower. 3. Lender's Rights and Oblisatfons a. Inspections. The Lender Is authorized to employ an Inspector to Inspect the Postponed Repairs and to prepare a report stating whether the Postponed Repairs have been completed satisfactorily. The Lender Is authorized to pay the Inspector's fee from the escrowed amount. The Lender may rely upon the Inspection report in determining whether the Postponed Repairs have been completed satisfactorily" Page 1 of 2 LCA -001 (5/88) 3 3 In the event the cost of completion exceeds the amount • of funds in escrow, Builder shall within 48 hours of receipt of written notice thereof from Escrow Agent or Lender pay the excess cost to Escrow Agent to be added to the escrowed funds and to be disbursed under this agreement. If Builder completes the work as contemplated by, this agreement, Builder agrees to furnish escrow agent satisfactory proof showing that all indebtedness incurred by reason of such work and material, furnished has been paid. Any inspection fees or -recording fees.in connection with this.escrow are the responsibility of the Builder and the payment of such fees will be taken.from the funds deposited herewith prior to.the disbursement of funds for the Items to Complete shown above, including$ for the first inspection,and $ for each subsequent inspection necessary. $ for Escrow Fee. It is understood and agreed that any money deposited; herewith shall be held in a non-interest bearing fiduciary account. Builder and Borrower do hereby indemnify and save harmless Escrow Agent and Lender against all costs, damages, attorney's fees; expenses and liabilities which they may incur or sustain by reason of any action taken in good faith and with due,care,in connection withtheseinstructions or the escrow created hereby, or any Court action. arising therefrom and will pay same upon demand. Escrow Agent shall have the right to deduct such items from escrowedr funds being held,by it and, retain them .for its own account or disburse them to Lender as appropriate. After the payments authorized by the:above agreement have been made, any funds left in thevscrow:accountshall be paid to Builder at the following address: Frontier Midwest Hames Corp. 3902 Cedarvale Drive Fagan Minnesota 55122 ua� rowc� Minda K.M. Anderson The,terms andconditions of this escrow agreement are.fullyapproved and accepted'bythe undersigned, and the undersigned shall be liable only as escrow holder herein. Dated this 20rt, ;day. of .7an"A r 191 _ Dakota Clounty Abstract Cotttpany Escrow Agent ilOtlnWd OWNING A HOME ;.. IN EAGAN A quiet, dean community situated among the rolling hills of this dose-in suburb is the ideal place to build a ` home and raise a family. Welcome to Eagan. When you move or build here, you can expect well - planned developments and strict enforcement of building standards to protect the value of your home. Two years ago, Mayor Vic Ellison was elected to improve the ways in which city decisions are made.. ` No longer will the city allow homes built on undersized lots. And since Vic Ellison has been Mayor, no new apartments have been built. Many parcels originally zoned for apartment use are now being considered for down-zoning to allow more high-quality, single -family frames. s Mayof Ellison pledged to adequately staff and support police and fire protection making Eagan a safer place. Vote to keep Eagan headed In the right direction With Vic Ellison as our Mayor. ilOtlnWd Daniel G. Scheller and Cliithia. B. Scheller 4132 States Avenue Eagan, MN 55123 October 9, 1'989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: As Frontier Midwest homeowners in the Stafford Place development in Eagan, we have found that the quality of construction and the handling_ of call- back items demonstrate concern for the buyer; however, Tire have been served three liens on our property. The following :s a list of Mechanic's Lien Statements received to date: Drywall Brokers, Inc. $1213,.00 American Lighting Company 'x'968.77 Cabinet Wiol'esalers, Inc. $1705..05 We hope these matters are quickly resolved for all parties involved. Sincerely, Danie G. Scheller and Cynthia B. Scheller 100 46 D isEs G r[y /+ bM c,V) 5TR+TG2 Ch * N GTj° HALL 382D PILOT- KIVoi5 re D, J;W6pO+nl MN' Ssr2z i / - � `Jka.j,tlt wK,, e �h WWCeAO CAA- &t. ray a,4,L Agenda Information Memo October 17, 1989, City Council Meeting BRITTANY 10TH ADDITION B. Default Resolution for Brittany 10th Addition --At the October 3, 1989, City Council meeting, the developer requested a two-week extension in order that he may comply with the terms of the Brittany 10th Development Agreement. Additional information regarding this item will be supplied at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny/continue placing Brittany 10th Addition in default of their Development Agreement. Agenda Information Memo October 17, 1989 City Council Meeting AMENDMENT TO CITY CODE/PARR & TRAIL DEDICATION POLICY C. Amendment for City Code, Chapter 13, Adoption of Park & Trail Dedication Policy --Before a final ratification of the Park & Trail Dedication Policy, an amendment to Chapter 13 of the City Code, it was the direction of the City Council that the proposed policy be reviewed by the Developers Task Force. A meeting of the Developers Task Force for that purpose was held on Tuesday, October lo. The Developers Task Force agrees in concept with the proposed policy, however, proposed a change in the method of collection for the designated trail amount. The Director of Community Development would prefer that the City staff further review the collection policy prior to any finalization by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the Park & Trail Dedication Policy to the November 9, 1989 City Council meeting. DAKOTA COUNTY STATE BANK/WAIVER OF ASSESSMENTS D. Dakota County State Bank, Request to Waive Assessments on Property Located at the Southeast Quadrant of Deerwood Drive and Blackhawk Drive --At the July 18 City Council meeting, Mr. Gary Fuchs, legal counsel for Dakota State Bank, requested a waive of special assessments for a parcel the bank owns at the southeast quadrant of Deerwood Drive and Blackhawk Drive. As the request of the City Administrator, this item was continued to an August meeting and later to the October 17 City Council meeting to allow staff ample time to address a policy and method of collecting payment of deferred special assessments. The staff, through its special task force special assessment committee, has prepared an ordinance amendment that will establish connection and availability fees for sanitary sewer and water utilities that is applicable to the concerns addressed by Mr. Fuchs on behalf of the Deerwood Drive Blackhawk Drive parcel owned by Dakota State Bank. after action is taken for Item B under New Business. The Dakota County State Bank item is technically Old Business, while the ordinance amendment is New Business, which at times causes some confusion in scheduling the item on the official agenda. For additional information on this item, refer to a letter prepared by Mr. Fuchs dated April 13, 1989, a response by the Director of Finance dated June 7, 1989 and a memo b he City Att roey addressing this issue referenced as pages through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive Blackhawk Drive intersection. Please note this action will be taken after official action on Item B, New Business. G�V CAMPBELL, SCOTT & FUCHS, P.A. Attorneys at Law Thnmas J. Campbell Thomas t,1. Scon Can.G. Fuchs James R. 1Calst,m Dennis J. Unger April 13, 1989 Mr. Thomas Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, RN 55122 4'.. f-. (612)456-9539 Facsimile (612) 456-9542 Re: Deferred Assessment Against Property on the southeast Corner of Blackhawk Road and Deerwood Drive Dear Flr. Hedges: This firm represents Dakota County State Bank and I am writing to you on behalf of the bank to request a waiver of payment of deferred special assessments. The background to this request is as follows. In October 1985 the bank loaned $33,000.00 to one of its customers who is the owner of approximately 1.9 acres located on the southeast corner of Blackhawk Road and Deerwood Drive in Eagan. A mortgage on the property was conveyed to the bank to secure repayment of the loan. The loan is in default and the borrower is not able to cure the default, so the mortgage is to be foreclosed. However, prior to foreclosing the mortgage, the bank and the borrower have been actively trying to sell the property. Their efforts produced a potential buyer who had agreed to purchase the property contingent on his discussions with the City renlarding development. During itis discussions with the City staff, the potential buyer was informed that a condition of development, or plat approval, would be the payment of approximately $19,300.00 of "deferred assessments". That made the sale unworkable and the potential buyer backed out. The bank and the owner will encounter the same difficulty each time they try to sell the property. The fair market value of the undeveloped property, approximately $35,000.00, is sufficient to pay the mortgaged debt. However, adding $19,300.00 to the cost makes the property unmarketable. Subtracting $19,300.00 leaves Yankee Square Office 111 • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 only $15,000.00 to apply to the debt and results in a $20,000.00 deficiency to the owner. Before the bank made the loan and accepted the mortgage as security the bank, had all the available county records checked for prior encumbrances and taxes and assessments and then purchased title insurance. None of the assessments at issue here were on record with the county. As we understanded, these assessments have never been levied against this property. The title insurance purchased by the bank does not cover special assessments that were neither levied nor pending at the time the insurance was obtained. The assessments at issue here were neither levied nor pending at the time the insurance was purchased. The loan would not have been made if the deferred assessment amount had been known. It is my understanding from talking with Jerry Wobschall that the assessments at issue here are for storm sewer trunk ($4,646), lateral sanitary sewer trunk ($8,032) and lateral water trunk (;6,639). 11 throe projects were completed some time ago and the subject property was not included in the levied assessments. (At the time the potential buyer talked to the city, he was also told of other costs, but those were for a corrected assessment and the upgrade of Taconite Trail and do not fall into the "deferred assessment" category). Based on all of the above, on behalf of the Dakota County State Bank I request that the City waive the claim for payment of the deferred assessments against the subject property. I further request that, if necessary, this matter be placed on for a hearing before the appropriate committee, or the City Council, and that you notify me of the time and place of the hearing. A complete legal description of the subject property is attached hereto. You courtesy and cooperation in responding to this request is appreciated. If you have any questions, please feel free to contact me or Jerry Marko at Dakota County State Bank on Cliff Road at 454-4840. I shall await your response. GGc/hzc Enclosure cc: G. E. Marko Very truly yours, CA14PBELL, /}SCOTT 6 FSS, P.A. BY L ,kD--- of 3830 PILOT KNOB ROAD. P.O. BOX 2Tm VAC ELL60N EAGARVINNESOTA. 55121 _ laa;a PHONE: (612) i54-0100 THOMAS EGA+ DAVID K GUSTAFSON . PAMEIAMCCREA - TW)DOREWACHTER Oa Wmeen.. THOMAS HEDGES. June 7, 1989 C"V A4msn EUGENE VAN OVERBEKE oy 61& GARY G FUCKS ATTORNEY AT LAW CAMPBELL, SCOTT 6 FUCHS, V.A. YANKEE SQUARE OFFICE III SUITE 202 EAGAN i!N 55122 ,Re: Parcel- 10-02000-011-75 Request to Waive Assessments Dear Xr. Fuchs: Your request to waive assessments related to the above -referenced property as outlined in your letter of April 13, 1989, has been referred to me by City Administrator Hedges. It is obvious that there is a difficult set of circumstances surrounding this property, only one 'piece of which is the assessment issue. The City frequently responds to questions related to assessments both for levied and pending and those related to subsequent development. In the event anyone asks the question, we will provide to the best of our ability an indication of what assessments will be collected as a result of a proposed development. How that information ,impacts a sales transaction is strictly a matter between, the buyer and seller. That is what Jerry Wobschall has done in this case and his study is the basis for the $19,316 figure that you note in your letter. _ The City Council has consistently requested that staff or staff representatives complete these studies, provide the information and collect the related assessments. For that reason we are unable to honor your request to even recommend to the City Council that any action be taken to waive any assessments. The City of Eagan is not a party to the original loan, the default or the current effort to sell the property. Unfortunately, I THE LONE OAK TREE_ ..THE SYMBOL,OF STRENGTH AND GROWTH IN OUR COMMUNITY 1, 'c� LETTER TO MR FUCHS JUNE 7, 1989. PAGE TWO cannot advise that the City naive these assessments to provide a less difficult solution to this problem. while I have not provided the answer that you desire,, I hope this letter helps to clarify the City's position in this matter. Sincerely, E'. :a. VanOverbeke CPA Finance Director/City Clerk cc': City Administrator Hedges Director of.Public Works Colbert E, V/kf WTf% city of eagan PUBLIC WORKS ' DEPARTME .. I •- �ARTELL • AVE. A' .r�3. r �... �... DRIVE DEERWOOD approved stand ' plate . OCT 13 'B9 10:44 MRS 606 P02 SEVERSON, WILCOX & SHELDON, P.A. LARAYS.SEVERSON• JAMES F. SHEI.00N .1. PATRICK WILCOX• TERENCE P. T)URKIN MICHAF.I. C. DOUGHERTY MICHAEL E. MOL£NDA•• •ALSO LICENSED IN IOWA N.4501.1UKSED 1X WISCONFIN ... ALSO LICENSED IN Nmrtmm October 13, 1989 Tom Hedges City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 APROFESSIONAL A.SROCIATION ATTORNEYS AT TAW 7300 WEST 147TH STREET P.U. BOX 24329 APPLE VALLEY, MINNESOTA 66124 TELEFAX NUMBER 432-3790 t6121 432-3136 RE: Dakota County State Bank - Deferred Assessments - Blackhawk Road/Deerwood Drive Our File No.: 206-7109 Dear Tom: PALL J. STIER KENNETH R. HALL ."SCOTT D. JOHNSTON JOSEPH P. EARLEY MARY L.0011KE I.OREN M. SOLFEST OFCOLNAPI : JOHN F.. %TW..t.7f�N You will recall that in April of 1989, you received from Gary Fuchs a letter requesting that the City consider waiving the payment of deferred special assessments against the approximately 1.9 acres located on the southeast corner ofBlackhawk Road and Deerwood Drive. The amount involved is approximately $19,300.00 and so far as we can tell, relate to trunk storm sewer and the lateral benefit from trunk sanitary and trunk water from projects put in in the late 1960s and early 1970s. The special assessments area of the City offices has gone back to those files and determined that they were never specially assessed at that time for the improvements. It is assumed that the City at that time "deferred" the payment of those assessments by agreement with the property owners. There are, however, no agreements in the City's file. The payments referred to above at now current rates would amount tc approximately $19,300.00. Those figures would very closely approximate, (that's my understanding from talking to Jerry Wobschall) the amount of the connection and availability charges under the storm sewer, sanitary sewer and water utility fees that the Council is considering adopting at the October 17, 1989 Council meeting. Rather than waive the payment of these charges, it is probably more appropriate for the City simply to collect the appropriate charges NCO OCT 13 189 10:45 MRS 6ee P03 Tom Hedges October 13, 1989 Page Two upon connection and availability of the services. It is my understanding that all the services are available but not yet connected. If you have questions, please feel free to contact me. Very 'truly yours,, SEVERSON, WILCOX & SHELDON, P.A. Aeldon dj k CC; Tom Colbert Gene VanOverbeke Jerry Wobschall Dale Runkle a n Agenda Information Memo October 17, 1989 City Council Meeting FOOTING/FOUNDATION PERMIT/EAGAN EVANGELICAL COVENANT CHURCH A. Footing/Foundation Permit, Eagan Evangelical Covenant Church- -As a part of the Consent Agenda, Item Y, was the final plat application for Eagan Evangelical Church. A representative of the church, Mr. David Bain, chairman of the building committee, has addressed a letter to the City requesting issuance of a footing/foundation permit prior to recording of the final plat. Typically, a building permit is not issued until after the City receives notification from the County by way of a receipt that the plat has been officially recorded. Enclosed on page is a letter from Mr. Bain with an accompanying signatu a of Roger Sjobeck, the Adkins Association, Architects for the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a footing and foundation permit for Eagan Evangelical Covenant Church located west of Lexington Road and east of Lexington Way. 14G October 6, 1989 Mr. Thomas Hedges City Administrator 38'30 Pilot Knob Road Eagan, MN 55122-1897 Re: Eagan Evangelical Covenant Church Dear Mr. Hedges: the ADKINS ASSOCIATION inc ARCHITECTS The City Council will be considering a Petition to Vacate Land and a Final Plat Application at the October 17th Council Meeting for the above project.. We also request that the City Council authorize issu- ance of a footing/foundation permit prior to recording of the final Plat. This is requested due to the potential for hard freezing weather be- ginning in late October. The churches schedule is to begin construc- tion immediately, and to complete below -ground operations before weather conditions prohibit the work. It Is our intent to record the plat as rapidly as possible following Council approval. Sincerely, tAD INS;Sj IATION Inc. By oger W.eck, AIA RWS/DB:mlg EAGAN EVANGELICAL COVENANT CHURCH OaviO 9 � By David Bain Building Committee Chairman cc: Jim Sturm, City Planner Thomas Colbert, Director of Public Works l CO 903 Jefferson Ave. 3t. Paul, MN 55102 FAX 224-6621 Telephone 224-1358 Agenda Information Memo October 17, 1989 City Council Meeting B. ordinance Amendment to Establish connection and Availability Fees for Sanitary Bever and Water Utilities --The City Administrator - has been facilitating a committee of City staff for the purpose of addressing all special assessment policies. As a part of this study review, the committee has addressed policies in which the City can collect assessments that were deferred in the early 1970's but never levied, authorized but deferred for future collection and other related issues. After reviewing the practice of other communities, pursuing a variety of considerations for collection of deferred assessments, it was the consensus of the staff that an amendment to the ordinance that provides for the establishment of a connection and availability fee for sanitary sewer and water utilities is the best solution for the collection of special assessments that were deferred for certain public improvements that are now benefiting a specific parcel of property. For additional information on this item and a copy of the proposed regulations, refer to the ord' ce amendment prepared by the City attorney enclosed on pages through JC, �r ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ordinance amendment to establish connection and availability fees for sanitary sewer and water utilities as presented. CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A CONNECTION AND AVAILABILITY CHARGE FOR THE WATER UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows: 1. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the water utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate water fund. 2. Water Utility Fee. A water utility fee for connection and availability of the water facilities shall be determined by resolution of the City Council and shall be just and equitable. A charge for the connection and availability of water service may be imposed for all premises abutting on streets or other places where municipal water service is located, whether or not connected to it. A charge for the availability and connection to the water service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 3. Adjustments. The Council may adopt., by resolution, policies for the adjustment of the fee for parcels. Such shall not be made retroactively. 4,. Exemptions. Public rights-of-way are exempt from the fee. and standards adjustments 5. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 6. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the Council for adoption on or before October 1 of each year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN By: VICTOR L. ELLISON Its: Mayor �S � CITY OF EAGAN RESOLUTION NO. 1989- A RESOLUTION ESTABLISHING CONNECTION AND AVAILABILITY UTILITY CHARGES AS PROVIDED FOR BY CITY ORDINANCE. The City Council of the City of Eagan finds as follows: 1. The City previously has established by ordinance a sanitary sewer utility, a storm sewer utility, and and a water utility. 2. That the City Engineer's office in conjunction with studies done by Bonestroo Rosene Anderlik & Associates, Inc. ("BRA"), the consulting engineers to the City, has determined the estimated cost to construct, reconstruct, repair, enlarge, improve, maintain, connect and obtain the sanitary sewer facilities, the storm sewer facilities, and the water facilities for the City of Eagan. 3. The City Engineer's office in conjunction with BRA recommends the sanitary sewer connection and availability charges as shown on Exhibit A. Further the City Engineer's office in conjunction with BRA, recommends the storm sewer connection and availability charges as shown on Exhibit B. Further the City Engineer' office in conjunction with BRA, recommends the water service connection and availablity charges as .shown on Exhibit C. 4. The City Council of the City of Eagan finds that the charges as set out on Exhibits A, B and C are just and equitable and determines that the charges shall be in full force and effect from and after the date hereof unless and until changed by resolution of the City Council of the City of Eagan. 5. The City Council finds that a credit should be given against the charges as specified on Exhibits A, B and C for property in the City of Eagan which has previously been specially assessed or which has been previously been credited for payment of assessment for sanitary sewer trunk, storm sewer trunk, or water trunk. ADOPTED by the City Council of the City of Eagan this day of'October,.1989. ATTEST:. By: E. J. Vanoverbeke Its: Clerk (SEAL) CITY OF EAGAN By: Victor L. Ellison Its: Mayor EXHIBIT A SANITARY SEWER AVAILALBILITY CHARGE Platted multi -family $ 520.00/unit Platted residential $ 650.00/lot Unplatted & platted commercial & $1365,.00/acre industrial SANITARY SEWER CONNECTION CHARGE Lateral benefit charge $ 31.70/centerline foot l�� EXHIBIT B STORM SEWER AVAILABILITY CHARGE Single family Multi family' Commercial and industrial STORM ,SEWER CONNECTION CHARGE $ .056/square foot $ ..070/square foot $ .083/square foot' 12" storm sewer *$3'6..50/centerline foot 15" storm sewer *$37.90/centerline foot 1810 storm sewer *$40.40/centerline foot 211' storm sewer *$43.50/centerline foot 2411 storm sewer *$49..90/centerline foot *Rate is based on a pipe at 15 foot depth, costs for additional depth will be reviewed on a case by case basis. �-s � EBEIBIT C WATER SERVICE AVAILABILITY CHARGE Trunk Water Main Platted multi -family Platted residential Unplatted & platted commercial & industrial Water Supply and Storage Commercial and industrial Residential Multi -family WATER SERVICE CONNECTION CHARGE Lateral Benefit Charge Single family Multi -family and commercial & industrial L S 7 $ 528.00/unit $ 660.00/lot $1380..00/acre $2115.00/acre $ 580.00/lot $ •4°64.00/unit $ 27.50/centerline foot $ 45.40/centerline foot CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A STORM WATER DRAINAGE UTILITY AND A CONNECTION AND AVAILABILITY CHARGE FOR THE STORM WATER DRAINAGE UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows: I. Storm Water Drainage Utility. A storm water drainage utility for the City of Eagan is hereby established. The municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statutes Section 444.075, from which revenue will be derived subject to the provisions of this Chapter and to Minnesota Statutes. The storm water drainage utility will be a part of the City of Eagan Public Works Department and under the administration of the Public Works Director. 2. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the storm sewer utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate storm sewer fund. 3. Storm Sewer Utility Fee. A storm sewer utility fee for connection and availability of the storm sewer facilities shall be determined by resolution of the City Council and shall be just and equitable. A charge for the connection and availability of storm sewer service may be imposed for all premises abutting on streets or other places where municipal storm sewers are located, whether or not connected to them. A charge for the availability and connection to the storm sewer service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 1st 4. Adjustments. The Council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. 5. Exemptions. Public rights-of-way are exempt from, the fee. 6. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 7. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. S. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the.Council for adopt -ion on or before October 1 of each year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED: ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN :VICTOR L. ELLISON Its: Mayor lam° CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A CONNECTION AND AVAILABILITY CHARGE FOR THE SANITARY SEWER UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows:: 1. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate sanitary sewer fund. 2. Sanitary Sewer Utility Fee. A sanitary sewer utility fee for connection and availability of the sanitary sewer facilities shall be determined by resolution of the City Council and shall be just and equitable_ A charge for the connection and availability of sanitary sewer service may be imposed for all premises abutting on, streets or other places where municipal sanitary sewers are located, whether or not connected to them. A charge for the availability and connection to the sanitary sewer service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 3. Adjustments. The Council may adopt, by resolution, policies for the adjustment of the fee for parcels. Such shall not be made retroactively. 4. Exemptions. Public rights-of-way are exempt from the fee. and standards. adjustments 5. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 6.. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. 7. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the Council for adoption on or before October 1 of each.year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED: ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN By: VICTOR L. ELLISON Its: Mayor Agenda Information Memo October 17, 1989 City Council Meeting LICENSE RENEWALS C. License Renewals-, 1990 Liquor License Renewals --The issuance of liquor licenses coincides with the calendar year. In order for the State Liquor Control Commissioner to have adequate time for review and renewal of liquor licenses, all annual renewals are placed on City Council agenda for consideration in the month of October. Liquor license renewals include off -sale liquor, on -.sale liquor, on -sale liquor club, on -sale beer, off -sale beer and wine. For a re -cap of the 1989 activity, including the issuance of liquor licenses and a list of all other icenses that are in order for consideration, refer to pages through (^10. Enclosed on page I -A\_ for City Council review is a copy of page 113 of the City Code which outlines requirements to hold an on -sale liquor license and off -sale liquor license in the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny with any exception the liquor license renewals for 1990 as presented. U3 October 10, 1989. TO: CITY ADMINISTRATOR HEDGES FROM:ADMINISTRATIVE ASSISTANT WITT RE: 1990 LIQUOR LICENSE RENEWALS Attached are renewals for on and off sale liquor, wine and on and off sale beer licenses. A recap of 1989 activity follows: Off sale Liquor Early in the year, Dave Perrier moved from Cedar Cliff to Cliff Lake Center. The City has received an application from Richard Barone to open an off sale store at Perrier's former location in Cedar Cliff. A sixth liquor store was approved on August -15,1989. Doug and Mary Lee opened Liquor Shoppe, Inc. near the cormer of Lexington Ave, and Diffley Road. The City Code specified that the City can issue no more than one off sale license for each 2000 households and a license cannot be approved prior to August 1 of each year. Community Development Department has an approximate household count of 18,100 so technically, 9 licenses can be issued. The code specifies that the Council make the determination as to code compliance. The code section which addresses; number of on and off sale liquor licenses is attached. On sale Liquor J. Doolittles, formerly the Flour Bin, was approved for a liquor license in April. They received a license designated for restaurants with at least $350,000 building valuation. Hunan Garden and Xaviers, Inc. have both indicated interest in an on sale liquor license but have not returned their applicatton forms to the City. Currently, there are (3) hotel -motel, (1) restaurant with valuation over $35''0,.000 and (1) other restaurant license available. Wine New wine licenses include Davanni.s Pizza and Xaviers Res- taurant. Eagandale Club was sold and the new owner, Eagan Tennis & Athletic Club,, decided to change from on sale liquor to beer and wine. The Council approved the beer/wine but, to date, the lounge remains closed. The owners indi- cated they do plan to open the lounge and want to renew the wine and beer license. Liquor License Renewals page 2 Beer On sale Davanni's Pizza and Eagan Tennis & Athletic Club were approved for on sale non -intoxicating malt 'liquor(beer) licenses. Rocky Rococo's was purchased by Pizza Hut and, the latter was approved for an on -sale license on 'September 'S. off sale Brooks Superette, 3390 Coachman Road was purchased by Gateway Foods and the new owner was approved for a license. Cub Foods and Eagan E -Z Stop, formerly Eagan Service Center„ were approved for off sale licenses. c�� 1990 OFF SALE LIQUOR LICENSES Applebaum Companies, Inc. dba Big -Top Wines & Spirits Ellen Applebaum 3900 Beau d"Rue Drive Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kennys Liquor Kenneth Youngberg 1444 'Yankee Doodle Road Eagan, MN 55122 Perrier & Associates dba Great Northern 'Spirits 1960 Cliff Lake Road 4101 Eagan., MN 55122 Dave Perrier � dco, Inc. dba Big Top Wines & Spirits Sidney Applebaum 1282 Town Centre Drive Eagan, MN 55123 Spirits of Eagan, Inc. dba MGM Warehouse John W. Teslaw 4178 Pilot Knob Road Eagan„ MN 55122 Liquor Shoppe Inc. of Eagan dba Liquor Shoppe, Inc: Doug and Mary Lee 4250 Lexington Ave. Eagan, MN 55123 1990 ON SALE CLUB LICENSE Spur„ Inc. dba Osman's Spur_ Country Club Harry Beyer 2750 Sibley- Memorial Hwy Eagan, MN 55121 ,( ce 1990 ON SALE LIQUOR ESTABLISHMENTS Al Baker -dba AL BAKERS 3434 Washington Drive Eagan,, ,MN 55122 454-9000 Cedarvale Bowl„ Inc. dba CEDARVALE LANES Robert Johnson, Mgr. 3883 Beau d"Rue Drive Eagan, MN 55122 452-7520 Eagan Hotel Partners dba (COMPRI) HOTEL Kevin McPherson, Mgr. 27.00 Pilot Knob Road Eagan, MN 55121 454-3434 Flour Bin, Inc. dba J. DOOLITTLES Lynn Reimer 2140 Cliff Road Eagan, MN 55122 452-6627 HONG WONG RESTAURANT William Lam 21.39 Cliff Road Eagan, MN 55122 452-0086 Holly Inns, Inc. dba LA FONDAS 3665 Sibley Memorial Hwy. Eagan, MN 55122 452-5411 MEDITERRANEAN CRUISE Daoud A. Hussein 3945 Sibley Memorial Hwy. Eagan, MN 55122 452-5991 RICHARDS FOOD & LIQUOR Richard Stariha 4185 South Robert Trail Eagan, MN 55123 452-3061 Bob Dougherty Starks I, Inc. dba DOUGHERTYS dba STARKS SALOON 1312 Town Centre Drive Gary W. Stark Eagan„ MN 55123 3125 Dodd Road 681-1570 Eagan, MN 55121 454-8251 Dorola, Inc.. dba DURNINGS Jim Durnin Latt, Inc. .g 4625 Nicols Road dba VALLEY LOUNGE Eagan, MN 55122 Jim Tousignant 454-6744 3385 Sibley Memorial Hwy. Eagan, MN 55122 454-2760 1990 WINE LICENSES Broadway Pizza John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. & Associates dba Carbone's Pizza 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba Carbone's Pizzeria David Carbone 1665 Yankee Doodle Rd Eagan, MN 5512.1 Davanni's Pizza 1980 Cliff -Lake Road Eagan, MN 55122 Diamond T Ranch Jerry Thomas 48'89 Pilot Knob Road Eagan, MN 55122 Eagan Grill, Inc. dba Eagan Tap Julio de la Huerta 3998 Sibley Memorial Hwy Eagan, MN 5512.2 Eagan Tennis & Athletic Club 3330 Pilot Knob Road Eagan, MN 55121 FHF, Inc. dba Hunan Garden Maurice Fung 130'4'Town Centre Drive Eagan, MN 55123 Italian Pie Shoppe James Basta 14,38 Yankee Doodle Road Eagan„ MN 55122 Vi Huong, Ltd. dba Vi Huong Ngan Truong 1989 Silver Bell Center Eagan, MN 55122 Xavier's, Inc. Xaviers's Restaurant 1260 Town Centre Drive Juan Canessa Eagan, AN 55123 1990 ON SALE BEER LICENSES AIRLINER MOTEL 2788 Highway 55 Eagan, MN 55121 BROADWAY PIZZA John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. Associates dba CARBONES PIZZERIA 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba CARBONES PIZZERIA 1665 Yankee Doodle Rd Eagan, MN 55121 CARRIAGE HILLS COUNTRY CLUB William H. Smith, 3535 Wescott Hills Drive Eagan, MN 55123' DAVANNIS PIZZA 1980 Cliff -Lake Road Eagan, MN 55122 DIAMOND T RANCH Jerry Thomas 4889 Pilot Knob Road Eagan, MN 55122 DRAGON PALACE OF LEE Lee Fo Len 1466 Yankee Doodle Road Eagan, MN 55122 Eagan Grill, Inc. dba EAGAN TAP Julio de la Huerta 399'8 Sibley Memorial Hwy. Eagan, MN 55122 EAGAN TENNIS & ATHLETIC CLUB 3330 Pilot Knob Road Eagan, MN 55121 FHF,,Inc. dba HUNAN GARDEN Maurice Fung 1.304 Town Centre Drive Eagan, MN 55123 ITALIAN PIE SHOPPE James Basta 1438 Yankee Doodle Road Eagan, MN 55122 PARKVIEW GOLF CLUB Don Larsen 1310 Cliff Road Eagan, MN 55123 PICCOLOS PIZZER-IA Greg Heuer 4162 Pilot Knob Road Eagan, MN 55122 PIZZA HUT 3992 Sibley Memorial Hwy. Eagan, MN 55122 PIZZA HUT 1325 Town Centre Drive Eagan, MN 55123 PIZZA HUT 2130 Cliff Road Eagan, MN 55122 Vi Huong, Ltd. dba VI HUONG 1980 Silver Bell -Center Eagan, MN 55122 WEST END HUNTING CLUB 535 Gun Club Road Rosemount, MN 550.68 XAVIERS RESTAURANT Juan Cannessa 12,60 Town Center Drive Eagan, MN 55123 1990 OFF BEER LICENSES BROOKS SUPERETTE Gateway Foods -now Retail Foods of Minnesota 5.720 Smetana Drive #300_ Minnetonka, MN 55343 COUNTRY CLUB, MARKET 3820 Sibley Memorial Hwy. Eagan, MN 55122 CUB 1940 Cliff -Lake Road Eagan, MN 55122 EAGAN E -Z STOP 4195 Nicols Road Eagan, mN 55122 HOLIDAY Stationstore #232 4595 Nicols Road Eagan, MN 55122 PDQ Foods of Minnesota 4160 Pilot Knob Road Eagan, MN 55122 PDQ Foods of Minnesota 1969 Silver Bell Road Eagan, MN 55122 RAINBOW FOODS #,14 1276 Town Centre Drive Eagan., MN 55123 SUPERAMERICA #4049 Hwy 13 & Diffley Eagan, MN 55122 SUPERAMERICA #4182 1406 Yankee Doodle Road Eagan, MN 55122 ,SUPERAMERICA # 4335 1379 Town Centre Drive Eagan, MN 55122 TOM THUMB 1430 Yankee Doodle Road Eagan, MN 55122. TOM THUMB 2125 Cliff Road Eagan„ MN 55122 TOM 'THUMB 4130 Blackhawk Rd. Eagan, MN 55122 WALGREEN DRUG 1278 Town Centre Drive Eagan, MN 55123 S 5..52 Subd. 10. On -sale licenses shall be granted only to hotels, motels, restaurants and fraternal clubs. Source: City Code Effective Date: 1-1-83 Subd. 11. No more than eighteen (18') on -sale licenses may be issued. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The nine (9) licenses available March 5, 1986 shall be distributed to qualified applicants as follows: AS OF 10/17/89: (3)A. Four (4) licenses for hotels/motels; (1)B. Three (3) licenses for restaurants with at least $350,000.00 building valuation (exclusion of lease- hold improvements, equipment or common areas).; and, (1)C. Two (2) for other restaurants. Source: Ordinance No. 35, 2nd Series Effective Date: 6-6-86 Subd. 12: No more than one (1) off -sale license may be issued for each 2,000 households in the City as determined by the Metropolitan Council as of April 1 of each year. The sixth off -sale license shall not be approved prior to July 1, 1987. One additional off -sale license may be approved each year thereafter. However, no license shall be approved prior to the 1st day of August of each year commencing in 19'88. Applications will not be accepted unless a license is available as determined by the household count. Each applicant shall display to the City's satisfac- tion that it has at least an option on a specific site for the location of the off -sale store. The Council reserves the right to determine specific compliance with this Subdivision. Source: Ordinance No. 38, 2nd Series Effective Date: 9-5•-86 Subd. 13. Every license shall be to the provisions of this Chapter and all provisions of the City Code and other laws operation of the licensed business. Source: City Code Effective Date: 1-1-83 113 granted subject other applicable relating to the (6-15-87) Agenda Information Memo October 17, 1989 City Council Meeting SPECIAL HUNTING SEASON REQUEST/DAN FRIENDSHUH D. Request,, Special Hunting Season Permit, Dan Friendshuh, 8609 Lyndale South, Bloomington --The City has received a request from Mr. Dan Friendshuh to utilize the Pahl property for a special hunting season permit. He is specifically requesting a special hunting season permit for: "Bow hunting for deer - September 16 - December 31" "Duck/goose hunting, - October 1 - November 5" "Pheasant hunting - October 15 - December 3" "Special metro goose hunt - December 15 - December 24" The Police Department has reviewed the subject property with Mr. Friendshuh, and if the license is to be granted, would request the same criteria as extended to Mr. Yanta by way of conditions of approvala the September 19 meeting. Enclosed on pages i 3 through -1L is a letter from Mr. Friendshuh that includes reasons why he is requesting a special hunting season from the City. Also enclosed on page5a?-0is a copy of the official action that was taken by the City Council on September 19 for the Yanta permit. If the City Council considers a favorable action, the conditions applied to the Yanta,permit should be included with the Friendshuh action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or den hunting season for the specific dates as defined in the Dan Friendshuh for the Pahl farm that is approximately 49 y a special request by .75 acres. Dan Friendshuh 1551 106tH Street West Bloomington, Minnesota 55431 October 3, 1989 Honor Mayor Vic 'Ellison and Citv Council Members of Eagan 3830 Pilot knob Road Eagan, Minnesota 55122 Dear Mr. Flavor,/City Council Members; Pursuant to the City Council Member's August 15 amendment to the Eagan Dangerous Weapons Ordinance which no longer allows hunting in Eagan, I would like to submit this letter outlining my request for permission through the City for special hunting, season permit. This permit will follow the ouide'lines of Ordinance 1.0.10, Subdivi,sien 4. 1 have outlined for your review various reasons and evidence on why I would appreciate the oppor- tunityin receiving a permit to hunt in Eagan. The sub ject property is located in the Northwest L/4 Section 18, along the Minnesota River and Ease of the new Cedar Avenue Bridge. It is the Pahl Farmland and contains 49.75 acres. At the city council meeting I will outline the following facts to support my reasons for hunting: I. Install and implement large readable and unremovable signs that IT indicate ("No Public Hunting"). 2. I wi11 present a plat map Outlining The Pahl 's property and all cont ingous property that would be of fe'cted by this special hunt 3. 1 will provide license plate numbers and names for all individuals' cars who will be hunting during this special season. These license plate numbers will allow the Eagan Cite Police Department expedient interpretation of any potential trespasser on the subject property. 4. Also, each individual hunting on the subject property will be carry- ing a special hunting permit signed by the property owner. All members hunting will be from the Pahl Family except for Stub Hall and Tony Degroat. 5. I have included the specific dates in which we are requesting a permit to hunt the subject property: Bow hunting for deer which starts September 1'6- December 31. Duck and goose hunting which starts October I - November 5. Pheasant hunting which starts October 15 - December 3. The special metro goose hunt from December 15 - December 24. 6. Enclosed is a copy of a letter from the Minnesota Depaatment of Natural Resources. Jon Parker has outlined the possible dangers of not harvesting both geese and deer in the seven county metro area. Jon also ,is in support of having the cityallow a special hunting season for the Yanta party. This letter was given to John Yanta, who has applied for a hunting permit ,through the city. ('2) 7. We anticipate not having more than 4 to 6 hunters at any given time hunting at the subject property., with normally only 2 to 3 hunters at one time.. All hunters are very experienced,knowledge- able individuals. nowledge-able-individuals. Tony Degroat has for many years taught gun training to young hunters. I would a,ppreci.ate the opportunity to'present these ideas and address any questions or concerns that the Council may have. If you should have any further questions or need additional information, please feel free to contact me. My work number is 88B-4487. Thank you once again for your time and consideration on this matter. Sincgrely � Dan Friendshuh DFa b enclosures q F'T:,TE 0=. IL N rcam., 4•=PAIn1WJ=-K1 0r K',tU, A, L ,.-^1f•„� PHONE 110.(612) 445-9393 Fs -'Wildlife O'rice 23 i o1^ Street, FW m 101 Sna-tepee, M1 E5379 !,±. JMnyen to 7760 f 2 ro AV--. S. Suite 770 !-als, !i] E51'35-5292 rear !c!r. Yanza. 31 k• -_st 1959 .� ; MINNiS FIL S No. ^`:=s is in e to our tsle?ho�- c-c.-7c•er-sa`_ian tc3ay tin effects of hr iting en tre Joe 1�ffrreajy prccerty in Facan. Yau anticipate Wtr-j en 2 to 4 }ter; on tie property at vma i= times tr-iting deer and �2zla osese. Tr-- p-coerty is located in ti-- scath 1/2 of Section 1B old Decr Av-_nL End the L�._-lirrton 'Northern tracks. I vnuld en-our�e the ci-ty_ to all0; y -mi to hrsnt this area-. This is the type of situation which I hr -9 in airs v --n I dis=.ssed the proposed hnmting clop =e with -%lice Ohief men. YcL- har,est of Cmrz:�a cele would be in accord with the objective of tie D! to slw tre craath of *.le powlaticn in tie 7-ccratty antro area. I nage alre:�iy'hr nuisz-nc= ==plain*s fran E=m r`sidnts r z3`ir� anise. Any c ---e ha -nest, especially during the special retro senors (Sept 1-10) and Ia s.ber will help to r-e-_:tce local gee while not iroa-`irg, t=i_c mts. Tr-- e-lte-ra_ive is the opersiw "trap mid t_�.spla7t” _o_regr�a w=Lich is ur-4-erAzr; in ot_^=r ccrr_^ hies �_nd is raid for by t •s cities. Our p ojectiors ir--4i=atea that t1_ metro nop;la`_icn oculd in--re-se by 200 ; (triple) by 3990 wi'thOut Our obje=tive is to licit ti-- in -^-so to 100 % (c-m-'c]e)., Truk goose is ti�st will be bere'`icial to tine city. t;°nse will m> be e. - mated Exon tip city, Imt the ha -rest will reance the Ieed for otl_r coritrols. Tri h�-nest of deer in this r --ea is also !n ac d with nkm cbiectives to re'L e the dee- pop• 1sticn density. 0•.tr objectives are well l=vn to the city cvnc!1, atd they hake en orsed them by opeening the 'Fort Sr�lling State Park for shotgt-r deer huntirg. Your harvest of deer will help is attain our goal, and it will reduce the reed for taking ad3lticnal deer with sharpshooters. I re?L-st that you retort the number arta sex of d ---r tal=n in this area if the city We can then add this to the special hunt total to determine the r-mber to be talon by sharpshooters. Your deer harvest will be beneficial to the city of Eacan in that it will help to reds_ a deer -car collisions and dampe to vo_cetation. M. rarY_:, Area Wildlife Mazza_r AN EQUAL OPPORTUNITY EMPLOYER at,00�I� i II 4 w D IF I II I ---._.. _. --- --- .iia. .--: ----- -_ --• �= •`�.\ jr �, — I---- .,I ILE 4T •1 E rwe 'rr� Il u.0 .a r ll xw \(.�J xrll,. J, l l ;; J�i Irk II rZt;', .:`T. it a[, � � "�I - •:a A ;,• loo ?' it • .-- �N:; .o III[ IM .I'.r'��.. �' ° ..�. ni It; 010., �`'• :�/,:. �.1` I .I II. )I 10 LI :�E'I,yl g IL "� I ��+7 � ��� II �I I�' I .I11 I I�,r•:o„ �� i �c t! x1 w NW w Ike jl 11 ; Ilk q; ,, �„ kr Ir , � it ,� i '� •, yCC aq Ir 1 T7' . `�i It' r n v T 2 /97 3 i xw x(f,� —\ rrE ml 4,.n:?1�i;!: ot at,00�I� i II 4 w D IF I II I ---._.. _. --- --- .iia. .--: ----- -_ --• �= •`�.\ jr �, — I---- .,I ILE 4T •1 E rwe 'rr� Il u.0 .a r ll xw \(.�J xrll,. J, l l ;; J�i Irk II rZt;', .:`T. it a[, � � "�I - •:a A ;,• loo ?' it • .-- �N:; .o III[ IM .I'.r'��.. �' ° ..�. ni It; 010., �`'• :�/,:. �.1` I .I II. )I 10 LI :�E'I,yl g IL "� I ��+7 � ��� II �I I�' I .I11 I I�,r•:o„ �� i �c t! x1 w NW w Ike jl 11 ; Ilk q; ,, �„ kr Ir , � it ,� i '� •, yCC aq Ir 1 T7' . `�i It' Page 18/EAGAN CITY COUNCIL MINUTES September 19, 1989 i. the extension. He questibk additional condition. The the condition but was wil Oer would accept the d he had not considered it. Egan moved, McCrea seconded, he motion to approve a one year preliminary plat extension for s tt Square Addition, located at the southwest intersection of .aa ee Odle Road and Elrene Road, subject to the condition tha ::::a31:iopgit:::,..::C green areas shall have an.underground irrigation stem ah'dt::::tiiat•i• ditional right-of-way along Yankee Doodle Road ay be nec*§sary::: 1 voted in favor. JONATHAN R. YANTA/SPECIAI,:l9iJNTIN.G`:;:SEASON REQUEST City Administrator Tom Hedges prpseited the background information to the Council. Mayor Ellison stated that the Council had not passed a ban on hunting but only discharge of dangerous weapons. There was much discussion regarding the signage. Egan moved, Wachter seconded, the motion to approve a request from Mr. Jonathan Yanta for t} 0.::::O�gtablishment of a special hunting season for him for the purposes ii::tild3;if management on a 60 acre parcel of land which he leases wi•thia:tlip`City of Eagan for deer, goose and pheasant hunting from SEptember::A.,4::, 1989 through December 31, 1989, inclusive, subject to t11e:;f.c *ing conditions: 1. Installation and implein®atation of large, readable and unremovable signs which indicate "No Public Hunting", with the exact wording to be approved by the Eagan Police Department. 2. Applicant presenting a plat map outlining Joe Kennealy's property and all contiguous pi.op.rty;:;tha.t..-would be affected by this special hunt. 3. Applicant providing license plate 44i�bers for all individuals' cars who will be hunting;::durih4::this special season. 4. Each individual hunting on the subject property to carry a special hunting permit signed by the property owner (Joe Kenealy). 5. The specific dates in which to hunt the subject property are: Bow Hunting for Deer which starts,September 16, 1989 through December 31,....194 9. .....::::::::;.:::::::::. Duck and goose hunting which dates..to be determined. Pheasant hunting which starts Octiber 15, 1989 through December 3, 1989. _ 6. No more than four to'five hunter5:$t any given time shall be hunting on the subject propEtg:::::::;:::::: Gustafson, Ellison, McCrea and""E'gan voted in favor; Wachter voted. against. September 19, 1989 2. All City building permit requirements and building Code standards shall be met. 3. The permit shall be valid through the 1993/1994 school year. Further use will All voted in favor. BOY SCOUT TROOP NO. 345/SPECIAL USE. PEPMT/CHRISTMAS TREE SALES Community Development Diredtdt DU-1"Ridnkle presented the matter to the Council. Gustafson moved, Egan seconded, the motion to approve a special use permit as requested by the Boy Scouts of America, Troop No. 345, to allow temporary Christmas tree sales at the intersection of Cliff Road and::'C-Iiff Lake Road, subject to the following conditions: 1. This permit shall expire >'ecembdr..24, 1989. 2. All debris shall be remov ... -:Jinuary 1 1990. All voted in favor. BOY SCOUTS TROOP NO. 510/SPECIAL USE PERMIT/CHRISTMAS TREE SALES Community Development Director.Dale Runkle summarized the application for the Council. Gustafson moved, Egan seconded,::::the ma :ion to approve the special use permit as requested by Bb.Y. Scouts of America, Troop No. 510, to allow temporary Christmas trO.6. sale','$'::':on Outlot A, Town Centre 9th Addition, subject to the fdllowi-'n'g conditions: 1. Sale of Christmas trees shall be permitted from October 24, 1989 to December 24, 1989 only. 2. All debris, as well as installed eo.:Ipment, shall be removed from the site on or before January::: " 1990. All voted in favor. ...... ....... WESCOTT SQUARE ADDITION/PRELIMINARY.:::PLAT EXTENSION City Administrator Tom Hedges explained the necessity for the extension to the Council. Councilmember Gustafson pointed out that an additional condition was to be added to the preliminary plat by Agenda Information Memo October 17, 1989 City Council Meeting CONDITIONAL USE PERMIT/LOOMIS E. Conditional Use Permit for Loomis Inc. to Allow Outdoor Storage on Lot 5, Block 2, Halley's Addition --The Advisory Planning Commission held a public hearing on .September 26, 1989 to consider a conditional use permit application to allow open storage on a parcel of land :zonedI-1., Limited Industrial, at Lot 5, Block 2, Halley's 1st Addition. The APC is recommending approval. For additional information on this item, refer to a report prepar by the Department of Community Development enclosed on pages through Fo ! // copy of APC action on this item, refer to pages c4hrough ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Loomis Inc. to allow outdoor storage on Lot 5, Block 2, Halley's Addition. SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: COMPILED BY: APPLICATION SUMMARY C=TY OF EAGAN CONDITIONAL USE PERMIT LOOMIS, INC LOT 5, BLOCK 2, HALLEYS IST ADDITION BE 1/4 OF SECTION 36 I-1 (LIMITED INDUSTRIAL) SEPTEMBER 26, 1989 SEPTEMBER 19, 1989 DEVELOPMENT DEPARTMENT An application has been submitted for a Conditional Use Permit to allow open storage on a parcel of land zoned I=1, Limited Industrial. The proposal is for occasional surplus storage of chip rock in a portable stockpile bin. A Conditional Use Permit to allow equipment storage was approved for this site in July of this year. This permit was granted subject to the applicant providing screening along the north and east boundaries of this site. Since this time, the applicant has provided berming of approximately six feet in height along said property lines and has agreed to plant triple rows of three-foot trees in the spring of 1990. COMMENTS The site in question is approximately one acre in size and is currently being used for equipment storage only. The I-1 district allows outdoor storage by Conditional Use Permit provided screening from agricultural and/or residential areas is furnished. The applicant is proposing a 50' be constructed with an asphalt block sides. Chip rock storage winter months. CONDITIONS x 60' portable stockpile bin -to. base and one -cubic -yard concrete is anticipated generally in the If approved, this Conditional Use Permit shall be subject to the following condition: Triple rows of three-foot trees shall be planted in the spring of 1990 along the north and east property lines. �k MM now, Off = zot"i I t,*,L C= 6tAlbE PL44 F/ SE PK Fir POW I A.IA NW R-1 A A 73 IM Al PK A ff4lll 010-00 /4 SEC, 36, T 27 9 R 23 76 I F�AR OF T 02� '.5 116 '76 010-77 6E Ril SND 014-76 a 7B0 00 NO°02' 17"-E. 123 136 136 1 • � � N a V/ '+ U I56 ,.1 156 oc7 /BISCAYNE H000u17"E AVENUE 74O Von 123 056 1 s 2 —4 123 156. .. �. ........ Page 7/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg moved, Voracek sepfnded, the rd tion to approve a rezoning of approximately 8.8 :R4.(Mult3;pe) acres to a PD (Planned Development) district located e;k;§;t :E#:::#;sgfiway 35E and north of Yankee Doodle Road in the southwest::Varter of Section 10, as requested by Lance Company, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for a five year period, to include a.11-.;terms,...and..:conditions within the proposed O'Neil Planned Develbk'.'r' it y:; apply to Light Industrial uses. 2. The name of the Planned Development::shall be determined prior to Council action. 3. An average daily trip'cap'of 675"shall be in place until improvements in the transportation system take place to accommodate additional traffic. 4. Only uses allowed in the Light Industrial district shall be allowed to development. All voted in favor. CONDITIONAL USE F4RMIT/L00.Mi S, INC. Chairman Pawlenty opened:::*Y1:0:;hekt public hearing for the evening regarding a ccnditional:use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter of Section 36. City Planner Jim Sturm updated the Commission on the background of the matter.De1::Loans::::was::;greAent at the meeting and informed the Commission he was::avei18F2 s:questions. Jim Neary stated he felt there mere make than twelve pieces of equipment being stored at the site. City PlAnner Jim Sturm informed the Commission that only twelve pieces of Equipment were present. Mr. Neary opposed the permit and stated he'felt the proposed stockpiling would be unsightly. He stated an easement was being used for the road. Mr. Loomis explained that he did not use the easement road and that the bin was only for overflow. There was further discussion regarding storage. Commissionmember Graves gize5'te#ied: €kie :'location of the road. The applicant explained the location. Chairman Pawlenty requested the applicant contact staff for violations:::::.:Commissionmember Graves felt Mr. Loomis should not have to keep coding back before the Commission. Commissionmember Voracek concurred and felt the storage of business related materials should be allowed. Commissionmember Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission shoii:3d act upon::::the present application only. City Attorney Mike Dougkie:ty infozl,Od the Commission that building materials were a permi��ed:;::tt:::: Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter;.;.pf:::Section.:.;36, as requested by Loomis, Inc., subject to the 0ndi:tlb.::thit::triple rows of 3 -foot trees shall be planted in the spring:::of 1990 along the north and east property lines. All voted in favor. WAIVER OF PLAT/2'StODORFf::VALDOR Chairman Pawlenty convened the public hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section 8. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor ( appliciaiitS:::;3nformed the Commission he owned Lot 3 and explained his reason for t}ie:::.wa:i;ver request.. Voracek moved, Graves seconded, the:;A;dv'ion to close the public hearing and approve a waiver of gY:a:t::tc::allow a split of Lot 3, Block 1, Sibley Terminal Indus.tza4J. Park located along Terminal Drive in the east half of Secfton 8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall ccsaforii>S 3:;aT3 other applicable Code requirements. All voted in favor. XX PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses located at the southeast intersection of Diffley Road and Lexington::menue in the northwest quarter of Section 26. City Planner Jim Sturm explai ".t e: -application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulati6n and that a study would be needed at the time of platting. Agenda Information Memo October 17, 1989 City Council Meeting WAIVER OF PLAT/THEODORE WALDOR F. Waiver of Plat, Theodore Waldor,, to Split Lot 3, 'Block 1, Sibley Terminal Industrial Park --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 26, 1989, to consider a waiver of .plat application for: the purpose of splitting Lot 3, Block 1, Sibley Terminal Industrial Park and combining parcels with the adjacent lot. The APC is recommending approval of the application for the -waiver of plat: For a copy of a report prepared by the D�I �artment of Community Development, refer to pages through Ar -r . For a copy of the APC action on this item, refer to those minutes enclosed on page=.. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Theodore Waldor in order to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot. CITY OF EAGAN SUBJECT': WAIVER OF PLAT APPLICANT: THEODORE WALDOR LOCATION: E 1/2 OF SECTION 8 EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: SEPTEMBER 26, 1989 DATE OF REPORT: SEPTEMBER 20, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Waiver of Plat in order to split lot 3, block 1, Sibley Terminal Industrial Park (approximately 3.9 acres) and combine the parcels with the adjacent lot. This waiver is for the conveyance of land only; no building activity will occur on either parcel as a result of this process. The owner of lot 2'„ the Hartman Partnership, graded that lot and has submitted building permit plans to the City for a small office/warehouse. Mr. Hartman has a purchase agreement for parcel B for potential building expansion. Safety Kleen, on lot 4 to the southwest, could expand on parcel A or it could be sold independently. Code requires a minimum one- half acre lot size and 100 feet minimum width in Light Industrial districts. Both requirements have been satisfied., If approved, this Waiver of Plat shall be subject to: . 1) recording with the County within sixty days of Council action. y 2) all other applicable Code requirements. s A EJ TorzM S;iwc .e %1n4rGr/n � /-%SSo� �. CCN r3[W Elf 7 Vd. b 'Y 7 +' a Or � ,o ,sr `rb f tri c / 2. Boundary survey For: Ida A. Waldor & N. Theodore Waldor 134/70 2265 Younoman Avenue St. Paul, MN 55116 im DELMAR H. SCHWANZ uwo Q Mr tie"" 1. NIC. I oMwee IMraw taw of a Ttr asrr of Ynweu 14750 SOUTH'ROBERT TRAIL ROSEMOUNT• MINNESOTA 6603! 612/4251700 SURVEYOR'S, CERTIFICATE Found 3/4 inch iron pipe yy5 6f 71AT - Found iron pipe marked "RLS E 44y,38 !n 17006" t ZZZ"58 1, Loi 2 ,' r8r,�ti .fi Q - yZZ•8 A 35 foot perpetual sanitary �. sewe easement per Doc. No. N Il 6196 (Torrens) L6•� Scale: 1 inch = 100 feet `1A O a Set iron pipe monument marked 'RLS 8625' �- Description of Parcel A: That part of Lot 3, Block 1 SIBLEY ICA TERMINAL INDUSTRIAL PARC, according to the recorded plat thereof on file and IL Parcel A a � Parcel B t� of record in the office of the Registra of Titles, Dakota County, Minnesota, lying southwesterly of the following ' \ described line: Commencing at the most Found westerly corner of said Lot 31; thence Bron along the line pi e, northeasterly northwest % marked "R S of said Lot 3 a distance of 222.80 feet _ 17 06" to the point of beginning of line to Q \ 27 y7 �`113597 l be described; thence southeasterly to a ` point on the southeast line of said Lr t y. O o --l'ot 3, a distance of 136.00 feet ' \\ .- GI --northeasterly, as measured along said l�13 p� y�3 p at southeast line, from the southwest Z p of (i corner of said Lot 3, and said line r there terminating. • u `�� Description of Parcel B: i;inched end to �, That part of Lot 3., Block 1, SIBLEY TERMINAL INDUSTRIAL. `ata PARK, according to the recorded plat thereof on file acid •of record in the office of the Registrar of Titles, Dakota Count DELMAR H. /` j/ Minnesota, lying northeasterly of the following described line: SCHWANZ - f� Commencing at the most westerly corner of said Lot 3; thence i ! northeasterly along the northwest line of said Lot 3 adistance of —8625 — iL` ' 222_80 feet to the point of beginning of line to be described; thence southeasterly to a point on the southeast line of said Lot 3., a distant Wp QerGfylaNthlatunay,plen,anportrn of 136.00 feet northeasterly, as measured along said prs&Q byrm or under my direct supervision and that 16m a duly RegisteredLand Surveyor under southeast line, from the southwest corner 'of said Lot 3, , the laws of the State of Minnesota. and said live there terminating. Gated, 08-08-89 NMtnar M. Behwana Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission should act upon::::the present application only. City Attorney Mike DougFie:ty..infoxE.& the Commission that building materials were a permited:;::tk:::> Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter;:.cf:.;Section.;.36, as requested by Loomis, Inc., subject to the Chzp#:t3a;f,:;:triple rows of 3 -foot trees shall be planted in the spring:::of 1990 along the north and east property lines. All voted in favor. WAIVER OF PLAT/,T;-Ht'0AORE:VALDOR Chairman Pawlenty convened the puts io hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section S. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor (applicarit3::: nformed the Commission he owned Lot 3 and explained his reason for"th6: a:i,yer request. Voracek moved, Graves seconded, the:::.moton to close the public hearing and approve a waiver of p1:a:t;>o'allow a split of Lot 3, Block 1, Sibley Terminal Indus:tza4.1-:::Park located along Terminal Drive in the east half of Section 8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall ccrnfvrii:+t3a11 other applicable Code requirements. All voted in favor. PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses located at the southeast intersection of Diffley Road and Lexington:Avenue in the northwest quarter of Section 26. City Planner Jim Sturm explai sed:'tkie: application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulation and that a study would be needed at the time of platting. Agenda Information Memo October 17, 1989 City Council Meeting PD AMENDMENT/LEXINGTON SOUTH G. Planned Development Amendment, Tri -Land Partnership, to the Lexington South Planned Development to Allow a Commercial Center with Recreational Uses --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 26, to consider a request by Tri -Land Partnership to allow an amendment to the Lexington South Planned Development to allow for a commercial center with retail uses. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages \S � . through aQ for your review. Included in this report are comments from Public Works/Engineering. For a copy of the APC action on this item, refer to those minutes enclosed on pages L�%,O1 through _'2�3 Also enclosed on pages through n;0_7 are letters from residents expressing their opinion about certain uses that would' be allowed if the Planned Development Amendment is to be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Lexington South. Planned Development to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road. CITY OF EAGAN SUBJECT: PLANNED DEVELOPMENT APPLICANT: TRI -LAND PARTNERSHIP LOCATION: NW 1/4 OF SECTION 26 EXISTING ZONING: CBC (COMMUNITY SHOPPING'CENTER) WITHIN THE. LEXINGTON SOUTH PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: SEPTEMBER 26F 1989 DATE OF REPORT: SEPTEMBER 20F 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting an Amendment to the Lexington South Planned Development to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road. This amendment/conceptual plan would' provide the City with an overall design of the commercial area north of the Lexington Pointe Parkway extension. This proposal is in conformance with the City's Comprehensive Plan which designates this area CPD (Commercial Planned Development). The overall plan includes a neighborhood retail center, a movie theater, an ice arena/YMCA, and small pads designated for a restaurant, day-care, or automobile service. Ice arenas are not specifically listed as permitted in the .CSC district of the City Code; however, sports and health clubs, private clubs and lodges, and theaters are listed as permitted uses,. All other proposed uses are listed as permitted or fall within the conditional use category. Since this proposal is for the Amendment only, platting the property and Advisory Planning Commission and City Council review of the detailed plans will be required before any development occurs. In August 1989, the City Council approved the Preliminary Plat --9f the Eagan Center 4th Addition. That plat included a two-story, 28,000 -square -foot medical/bank building ;at the Diffley/Lexington intersection, along with a conceptual plan of the retail area,. This Amendment removes the gas station along Diffley Road and the garden -type floral shop near the eastern property line, replacing them with the restaurant and theater, respectively. The retail building was shifted slightly to the south and will now provide direct pedestrian access from the Diffley Road side of the building to the ice arena. EXISTING CONDITIONS The site is open grassland, void of any significant vegetation. Adjacent land uses are undeveloped, single-family land to the east, most of which was down -zoned from a CSC designation in the past couple of years. PF (Public Facilities) districts that include a church site, Northview Elementary School, and the high school are on the north side of Diffley Road, and a recently rezoned area from R-4 (Multiple) to PF (City park) is on the west of side of Lex-ington Avenue. That rezoning eliminated over 7OO multi -family units. The NSP north/south highline separates the CSC zoning from the commercial zoning all the way from Diffley Road to the east/west highline trail in Wedgewood Park to the south. A bike trail will be constructed in that area. The approved Planned Development in 1975 allowed 170 acres of commercial development in this area and it has been reduced to the remaining 88 acres, including the area south of Lexington Pointe Parkway. SITE PLAN Retail Mall The retail mall would consist of approximately 95,000 square feet with primary access to Diffley Road. For comparison purposes, Town Centre Shoppes at the corner of Denmark Avenue and Town Centre Drive contains approximately 70,000 square feet. The major anchor will be a small grocery store consisting of 20,000 square feet with expansion area to approximately 440,000 square feet, similar to a Lund's or a Byerly's. The center will be constructed of brick with an appearance somewhat like Thomas Lake Center. All trash and .recycling areas should be contained within the building. As proposed, all setback and parking requirements meet Code requirements. Ice Arena The building itself would consist of approximately 75,000 square feet and' be constructed of the same brick as the retail center. The ice arena will ultimately have two sheets of ice. The initial sheet is proposed to be olympic-sized with retractable seating so the ice area can be reduced to the standard size. Seating capacity has not been finalized as of yet; however, 1,000 to 1,500 seats are anticipated with the olympic-sized sheet. The other sheet will have seating for approximately 600 to 800 spectators. Between the ice areas will be the locker room facilities and the area for management personnel. Above the locker area will be a glass - enclosed mezzanine area overlooking the rinks,, which can also be used for overflow or standing -room -only seating This area also can double as a meeting hall/reception area. It will be equipped with bathrooms and a kitchen. Approximately 750 automobile parking stalls and 8 bus stalls have been provided for the ice area/YMCA facility. YMCA Buildina The building will contain approximately 35,000 to 40,000 square feet and will also be constructed of the same material as the ice arena and retail area. It will feature an indoor/outdoor swimming pool, an outdoor tot pool, and gymnasium and workout facilities. Movie Theater This brick building would contain approximately 20,000 to 25,000 square feet containing five or six screens. The facility would have approximately 1,-000 seats„ similar to the theater in Apple Valley, just east of Cedar Avenue and north of County Road 42.. Outlots The outlots fronting on Diffley Road are designated for restaurant, entertainment, or day-care use. The ones along Lexington Avenue are for automobile service -related uses (such as a car wash and gas station.), A conceptual landscape plan was provided with Eagan Center 4th Addition. A revised plan or extended plan including, the ice arena/YMCA and the area along Lexington Avenue should be included in the Planned Development Agreement,, as well as overall pylon sign locations. six pylon signs are proposed along Diffley Road, including one each for the outlots that are approximately one acre in size.. The signs are proposed to be approximately 210 to 220 feet apart,, not meeting the 300 -foot -spacing requirement. This is similar to the fast-food area along Yankee Doodle Road, where a separate sign agreement was prepared to allow the signs in the designated locations. Park Issues There were no comments. �M PUBLIC STREET AND UTILITY CONCEPTUAL REVIEW Sanitary sewer of sufficient depth and capacity is readily available for lateral connection and extension in Lexington Avenue and Daniel Drive. A lateral sanitary sewer extension is required from Patrick Road easterly through the proposed strip shopping center site to serve the Outlots adjacent to Diffley Road as well as the strip shopping center. A sanitary sewer extension along the proposed Lexington Pointe Parkway is also required to serve the proposed YMCA and ice arena as well as the southerly adjacent property. The storm water runoff for the 48 acres north of Lexington Pointe Parkway and the area south of Lexington Pointe Parkway is divided into 3 basic drainage districts. The area easterly and adjacent to Lexington Avenue for approximately 150' is designated to drain into the Lexington Avenue storm sewer system. The parking lot area to serve the proposed strip shopping center and the Outlot areas along Diffley Road are designated to drain to the northeast into the existing storm sewer system in Daniel Drive. The area around the proposed YMCA and the ice arena is designated to flow southerly to Pond JP -50. JP -50 is a designated ponding area in the City's Comprehensive Storm Sewer Plan. watermain of sufficient capacity is readily available to serve the site on the west, north, and east sides. The City's Water Supply & Distribution Plan shows a trunk watermain extension from the 12" watermain in Patrick Road to be extended easterly through the site with a connection to the existing 12" watermain installed in Daniel Drive. The Water Supply & Distribution Plan also calls for a 12" watermain extension from the existing watermain in Patrick Road southerly to Lexington Pointe Parkway and then westerly to the existing trunk watermain in Lexington Avenue. The plan also designates that an 8" watermain would be extended from the 12" watermain in proposed Lexington Pointe Parkway easterly to the existing 8" watermain installed with the Lexington Pointe developments. Public street access to the proposedsite is provided with Lexington Avenue on the west, Diffley Road on the north, Daniel Drive on the east and proposed Lexington Pointe Parkway on the south. A detailed site impact traffic evaluation of this site will be required with subsequent phases of the development process. what the site impact traffic evaluation report will identify is such items as potential conflicts between internal commercial site access and parking lot circulation functions, geometrics of access points onto the adjacent public street system (turn lane requirements), parking lot access points onto the internal circulation roadway, general parking lot circulation, and the needs for any widening of the existing roadway system as well as traffic signal requirements if any. �1J 1\L V. LTRLI.d ,7LE JRosene Bonestroo "Q Anderiik & I Associates Engineers & /Architects September 15, 1989 Mr. Michael Foertsch, P.E. Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr Foertsch: L Y :w W� on G. BVRID RE &O W'Fbw .. PE. imeph C. AfdenA RE. BOAov A LerMr4 RE. Rcw d E Tune, P.E. Jaron C CRsm RE. C>tenn R. Ccck PE. Tro s E NaWn, RE. morn G S[huneTR. PE. LQ m l Son". PE. Fe h A Cb,DOh. PE. Rchm W F 9 PE. ow-, c BwWWL RE. J,ny. A BwPOoh. PE. Man A FtimM: P.E. 14 K FeiC, RE. MK l 7 Rautmam RE. ft a iR..Pklleik. PE. 'DMO O I—A, RE. Tromp W Rlenon. PE. RE: CONCEPTUAL SITE PLAN REVIEW FOR EAGAN CENTER Our File, No. 499009 M[t6W C, Lynch. RE. James R WWRE, Remem P Ando o PE. [aim A Bu Mm. RE- Wrk R RLR P.E. WEen C- RuUek. AIA, Tronas E. Angus P.E. Np W A Sanlwe., RE. Dane) J EOBRmn: PE. Mnk A'Sep PE. P„ ip,J Cas , PE. Mask D. WRlim RE.. Tromas R.AnOe .AIA. Gary F. "y ,.PE. Charcl A Enck Lft M, Ra Inky Hawn M 06 3, M. Ebednc.PW At your request, we have conducted a preliminary examination of the conceptual site plan for the proposed Eagan Center development, which is part of the re- quested Lexington South P.D. revision. The plan sheets which were reviewed, while undated, were stamped as received by the City on September 1. You re- quested comments of a;general nature about traffic and parking issues on this 48 -acre site combining commercial and recreational land uses,: As proposed, there would be a major conflict between internal commercial site access and parking circulation functions. The 'roadway' which parallels Dif- fley Road on the south side of outlots B-E and J and curves south to Patrick Road is being asked to perform both of these functions, which are fundamental- ly incompatible. This roadway should be designed as a street because the need to provide site access is the most important, and will be its primary function whether it is designed to adequately provide it, or not. It would also be preferable for this 'roadway' to be a public, rather than private, °street. Whether the Ci'"ty''le design standards for streets should be compromised in any manner in this case is debatable, but it may be in appro- priate subject for negotiation. The extension of this roadway south from Patrick Road to Lexington pointe 'Parkway should perhaps also be public. The other streets shown within the development could be private. 'The north -south connecting roadway between Diffley Road and this east -west roadway should definitely be a public street, and no access should be provided from it to outlots 8 and J. The 34 -foot width shown is nearly certain to be inadequate, and the proposed reverse curve realignment of the school driveway is impractical. The design of the site access point on Daniel Drive is also inadequate. Page 1. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Access from Diffley Road to the .theater site and ice arena is unnecessarily difficult, requiring a circuitous route through the parking lot. A direct, street-type connection from Lexington Pointe Parkway to the east-vest roadway south of the outlots (between the theaters and liquor store) would be a better design. No access should be permitted to Lexington pointe Parkway between Lexington Avenue and the north-soutb street east of the gas/convenience store and car wash/auto service site. In addition, there area number of locations in which the geometric design of the internal site roadways and parking lots used to be improved in order for them to operate in a satisfactory manner. The above comments reflect the most important traffic-and parking-related' concerns that are evident in a preliminary examination of the site plan. Development of the type and density proposed for this 48-acre plus site can, of course, be expected to generate a significant amount of traffic. The im- pacts on the adjacent roadway network would be significant, and as such access to the site needs to be carefully analyzed. It is strongly recommended that the City require the developer to submit what is known as a 'site impact traffic evaluation• report, prepared by a qualified transportation/traffic engineer. The City would review the report with respect to its thoroughness, reasonableness of assumptions and conclusions, roadway improvements required, anticipated costs and how they would be paid, etc. A site impact traffic evaluation study, now routinely required by many commu- cities prior to granting approval of proposed commercial and large-scale residential developments, should analyze the expected traffic impacts for the, year of project completion, as well as ten to twenty years later. Access points can then be properly designed and located, and any improvements that will be needed (such as widening and traffic signals) can be identified and planned. It is in the best interests of both the City and the developer to know these needs now. We recommend that, in the future, the City of Eagan routinely require a site impact traffic evaluation on any proposed major development. If you have any questions or require additional information, please do not hesitate to call me at 636-4600. Yours very truly, RONESTR00, ROSENE, ANDERLIR E ASSOCIATES, INC. 1*_ J444ec Gary F. Rylander, P.E. Chief Transportation Engineer Page 2. ��1 PLANNED DEVELOPMENT CONDITIONS 1. An Amendment to the Lexington South Planned Development shall be made that illustrates the conceptual design of the retail area/ice arena. 2. All four sides of the buildings shall be constructed of, brick. 3. All rooftop mechanical equipment shall be screened. 4. No exterior sales displays, advertising, or outdoor speaker advertising shall be permitted. 5. An overall landscape plan shall be attached to the Planned Development Agreement. All landscaped areas shall be irrigated. Three-foot berming along Diffley Road and Lexington Avenue shall be required. 6. An overall sign plan shall be attached to the PD Agreement. The Variance to allow the pylon signs shall be permitted in the locations shown on the conceptual site plan. Separate Conditional Use Permits will not be required. All signage on the retail area shall be contained within the uniform sign band. All signage shall be subject to the City's sign fee. 7. All trash and recycling storage for the retail building, ice arena, and YMCA shall be contained within the buildings . All other areas shall either have it contained within the building .or in a structure attached to the building and constructed of the same building material. 8. All environmental permits shall be obtained prior to any construction. ��R a mullillmil Arr: I ��Y ta... i w-11 a mullillmil Arr: I ta... w-11 a mullillmil Arr: I I F �: L— ." .•.^� . I :...1N' I�.1_ tet._ I I � I EI N y tlK - - A -• sr — a x / a / < O w I ~ I I ' m F 1 1 RBVI110nS�T.•�„ � EEBIT# LEXINGTON PONTE VJRVEYINTCO:ONC. •""`.�. •��•• 'G�S1L�Spn.'� TRI-LAND i:.y....� EAGAHCENTER PR:A spJEvM/ENOWERS/PLANNERS an_._ .n Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission should act upori:::'the present application only. City Attorney Mike DougFfei:ty,inforfied the Commission that building materials were a permAiid;::ttrt Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter.:ofi.:.,Secti.on.:36, as requested by Loomis, Inc., subject to the tpritiatt::3d:itriple rows of 3 -foot trees shall be planted in the spring::of 19.0 along the north and east property lines. All voted in favor. WAIVER OF PLAT/7-.HEODO,RE-:-WALDOR Chairman Pawlenty convene3 the public hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section 8. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor (applicaztl>:nformed the Commission he owned Lot 3 and explained his reason request. Voracek moved, Graves seconded, the: motion to close the public hearing and approve a waiver of pla:t:;;ty allow a split of Lot 3, Block 1, Sibley Terminal Indus:t=;oLl:park located along Terminal Drive in the east half of Sect6n'8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall c&nf.otm::V th:;a11:other applicable Code requirements. All voted in favor. PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses loo:ated at the southeast intersection of Diffley Road and Lexington:lvenue in the northwest quarter of Section 26. City Planner Jim Sturm expla ized::tie application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulation and that a study would be needed at the time of platting. Page 9/Eagan Advisory Planning Commission Minutes September 26, 1989 Brad Swenson (applicant):: -::Informed tbg::::Commission that the proposed plans would blend priV4.te, and.,g'uasi-public uses. He presented the history of the s 'te:::;dY�fl;:::at;ated that the infrastructure would support the devk-oi=ent. He pointed out there were many schools, churches and parks in the area and that it was good topography. He felt there would be excellent visibility and the roads could handle the development. He described the proposed uses including the ice arena....,He.;;stated,.;.be...would be selling to the YMCA at a loss. He felt the its:;:t:na::wauld::give the community an identity. Len Williham (architect) described the::specifics of the arena. Brad Schmidt (Eagan Hockey;�kss'bii. �pn) was very excited about the proposal as the Associatitin"needed'the space and the ice time. He urged approval of the application. Dave Lang (Assistant Principle at Eagan High School) informed the Commission he was present at the meeting but was not representing the School. He gave.a presentation regarding the background of the School needs...,.— d;::h.is personal opinions. He felt the ice time was needed. He pointed:64t:xthat the new school would open next year. Darrel Silberness (YMCA) stated':.thdre`was a three to seven year plan to build the Eagan fae3'F_.ty and felt it was an ideal location and a good development. Commissionmember Merkley requested Mr. Foertsch to highlight the traffic problems. Assistant City Engineer Mike Foertsch stated that the traffic was not a problem at this point but just a question. He outlined the areas:.,Df:cos ern:::::.Commissionmember Graves xe: questioned the access and traff:::Mr::'E'h gave a detailed explanation. There was discussion regarding.:iuture platting and traffic studies. Commissionmember Gorman asked for the::seating capacity of the arena. The architect stated there would be :8500 seats in the large area and 700 to 800 in the small area. He questioned if the parking stalls could accommodate the seating. City Planner Jim Sturm replied there was no basis for parking based on the seating. There was further discussion regarding the parking.. Chairman Pawlenty stated it was a very exciting and attractive project. Commissionmember use would decrease and had concerns regarding the:::: Ale'-hi:ahEl:::af, an abandoned retail center. Commissionmember Voracek pointed out.;that hockey was very popular and that the arena would be a benef::t to the community. He felt it complimented the retail use. Page 10/Eagan Advisory Planning Commission Minutes September 26, 1989 Miller moved, Voracek seconded, the.Ai6tion to close the public hearing and approve an amendniiiiit::t,Q:-.-th.e::: L�kington South Planned Development to allow a commerc1:4;V'.ce0.tg . r .. : x with recreational uses located at the southeast intersectibn'of Diffley Road and Lexington Avenue in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. An Amendment to the Lex in< .jtpn::South: Planned Development shall be made that design of the retail area/ice arena. ..... ..... 2. All four sides of the build),ngs shdJ1 be constructed of brick. 3. All rooftop mechanical: equipm6ft'' shall be screened. 4. No exterior sales displays, advertising, or outdoor speaker advertising shall be permitted. 5. An overall landscape�.Ian shall be attached to the Planned Development Agreement. All laks.d�PL-d. areas shall be irrigated. Three-foot berming along Diffley Lexington Avenue shall be required. 6. An overall sign plan .,a sha.l: ... attached to the PD Agreement. The variance to allow the pyl ' wi:.slgfis shall be permitted in the locations shown on the conceptual site plan. separate conditional use permits will not be required. All signage on the retail area shall be contained within the uniform sign band. All signage shall be subject to the City's sign fee. 7. All trash and recyclih .......... f. retail building, ice arena, and YMCA shall be tbiitainedrVithln the buildings. All other areas shall either have it contained.:..wd thin the building or in a structure attached to the buildi�g ana:::.-constructed of the same building material. 8. All envirvonmental permits shall be obtained prior to any construction. All voted in favor. MINNESOTA PUBLIC RADr:P.:, Community Development Dir'e'C6t'.*'.r . : "'Dal.O,'- 'Mi h . kle recommended the matter be placed on the October 17, 1989 meeting rather than the October 3, 1989 Council meeting. Trygg moved, Miller seconded, the motion to place the Minnesota Public Radio conditional use permit application on the October 17, 1989 City Council agenda. All voted in favor. JE3 12'rn F. Fla t-;an1 Irail tit . Pmil , `lu. "5123 Ocluher 4, 19H'1 Planning Counnissi(in City Ilan Eagan, Mn. .5.5122 Dear planning Commission: Alt -hough no one spoke against ilre prnpnse ice rink complex at voir last meeting, njy hushnnd and I are opposed to this project planuerl at i)iff ley and Lesiligtnn. Our primary nhjer.tinn is, that once again, there will be a retail/rntr.rwinment coollylex in the middle of a primarily residential arra. Eike mane other Saganites, we have always liven nppospd to this fragnleritrrl, as oppnsed to centralized, approach to planning. Added to the high school, it will create he,nv traffin nn 1lifiley and wilderness Run, which were not hasigne Inn cninnerical traffic. III. also know, thal ilrspil:e 1:11e talk of private, funding, we are gr•iig taxed inn Ihis prr,i,inri, somrhow, someway, someday. uur liens have gone ip over S9rlu in the past few years. if this prni,nsnl is atlnpl:rd, it will confirm nur decision to move from-/ Eagan (1. faxes 2. piining the i:eanty of the area with strips 3. Airpnri unise) we also nhjerl nn l.he mat ht nf: prinril:ies and principle, whl -le Japanese Oiildren are stirlying evenings and Sat.irday, American lernagors invest their time (late into the evening) mi hockey ri14-s ai'l Sports. Sports are good and have their place --it is uhnn thec ber.nmv' •I prior'ilN. and dominant force in adolescent rlevrinpmeit. we are willing to invesi. in 1`rogressivp, advanced dnr.alirnr that pats di:irirnds for )Dung people and the future-- sl iniuloting educalinnal centers fmj' ,Cf'1�q is's, diplomats with rumprehrusice intercult:utal skills, ar�st.: anti business people with Inig range strategic planning skills. we nave serious prnlllems with will+;alien; a hockey+ rink olid mnvi.e theaters aren't part of the sulution. Ihifnriinat,nly, this is next in heresy in b:ck.ey zealous Minnesota. Hut what do we want for the next generation --a memory of a hockey rink nr' young people with all npportunity to rievelop talents that will male a life long contribution to family', community and country' Respodfill 11', Mr. arnl 19rs. Uarlirl ,Sloan Chad Anderson 3665 Pinecrest Court Eagan, Minnesota 55123 September 28, 1989. Dear Mayor Ellison, I am writing to you concerning the proposed Eagan Ice Center and YMCA, which would be located on the corners of Lexington and Diffley Roads. This Ice Center, which has been proposed', would be of great use to the public. I am sure that you are aware of the need for an Ice Center, because of the rapid growth of the Eagan Hockey Association. This Center would be of great convenience for parents and their children. In the current situation children who play hockey in the Eagan Hockey Association must travel to Farmington, Inver Grove Heights and many other arenas that are over fifteen mixes away. I have always wanted an Ice Center close by where I could skate'. Now that someone is pushing it I thought that this wou'Id be a good time to express my views. Please support this project. I think it would serve a lot of people in Eagan and surrounding communities. I would appreciate your taking time to answer my letter. I would like to know what your opinions are on the proposed Ice Center. Thank You, i Chad Anderson October 5; 1989 Or, J ; Mr. Vic Ellison, Mayor and the Eagan City Council. Members City Hall Eagan, MN 55122 Dear Mayor and City Council Members, As residents of Eagan, the Simon family has a great interest in the proposed construction of an ice arena by Tri -Land Development. Our interest is created by our children (2 daughters and 1 son) who have an interest in ice skating both for pleaseure and hockey. The ice arena would also provide an opportunity for the Eagan community to be exposed to international competition with the olympic size ice surface. The whole concept of shopping center, movie theaters and ,ice arena provide a recreation and entertainment for the whole community. Other communities have these facilities, why can't we? We urge you to vote )LM on this proposed development. Sincerely, /\,k, 4� a- -Vv� Mike Simon �( Jan Simon ,dam 6,�n amie Simon Denise Simon T.J. Simon 4708 Penkwe Circle Eagan, MN 55122 2, 1. Aq.aaq.•I; jl SL�aiJJC f2i AP 11'6l3aU0LlT;. 1,7L1I.4.ul :LL•I u:j L.IIUUOW.L 6'"'Q 1L JOLl3L,'y L: u.i 2i4. r ,)L,.'u 1.'1 TIAl:1.4U;ILJ6 LL.Lla I —:1.1:3J0aa Dila. G.J. qur.','L I.L•J.!',i L' w4 LgiLu... o Ll:j. ::L: IL -;Liz: ..0 J.l4..,:] v L Iru".., Li Ii L' LLOII:: ,.:� LLIrLUIIll CIU .:L[T... ua U LI ( .L•1'.Ar L I L...O .i:1 LI1. IIdn •3.a T.:F U.) 4LL'q LIOTLL:. VUUAI uU'; }, L.:,.J.u.. "LLA ., r, f .; l Il+ :j :••l I• J . 1 L L. J.L l • Aa Writill.A.0 U...G .ILIu LLT .►:j T. L ""J 1:1 L:L IL,.,; LuLLi'I'a. UOT allj .:UI[baL r:l'[i) ILI:.l:1 .:LIVI.I.,J. U:j. IILIT'[UAL•:.I; .).0 calm t.1 ILIAILAI1 :I IIoLLU I C.Ut: e::I.11.,JI.0 IIL,:.''L: Iii fuaU::. 110L1(:d •yU LJuAJQ L,1ri:lOul1 L,11,. I LILZILL., J.J Jl..., f. lj:j LlJu'j ,x t l l:I A'L 1.LlJ 'iy J•L ll U [ L aS1iL906.j otl$'^T :: 11.{ I 11mL L• J:j dL IJ!1.1I C .i.. LLLJ'l Im .. l ::aulius:..L:a. L•:j j.... J OL[ ULL 'L'Ll':.: USall:l L:: L:,'I'L.TuL'. I.G.1) I.uU'Ca Laliil pIIL: a6lli,[II u:1..:Ls l.t i a 1TrILL L11L I -L'!... L:LI A" JLJ4 :1 L.Lj:I L•IIL. J.,J LIII I ' Lu MILaau DTIV' OALiaauL: LAW 'j.TulILl1L.J u:l L[ULIIL.:0 A'�'I:i� L•LIL, L.Lo :.0 fI url) -AITLLULTS ULJ.210 L;l SLL� u',.ii.Jllu Jl.lu u:: L. L,'L.I :1 J., 1�v.i..l ufLla. ,JU JUL,I:. -:.asoL:ua paLLUTIUcO aLLL.•i ra:.1U.n'IJ3n3 Ca. e:('[1 L•Lu...... r ulXL1 :i'cirl 11 UL:L1 L:'. LCC ::Lilf)u:uJ Labia Li UO r ,5:1o:1.L:A fJ.J u ,J.0 aU,J STAd-Ld a.M'LLL: jl:i.:fo:LUl LAW u.1rI::U.i'LLI '{L:ua'J L1:1.Y... 1 UU:IT L'L'•. .iun'L. .T..0 . 'i':. livil", DeULTJ LJL'L-'La ,..'1 ! L:Lut .1f,1�5 ill• LLll:iiU. 'LL1 J'[Ull3 lill)L, MEMO TO: HONORABLE MAYOR i CITY COUNC FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1989 SUBJECT: INFORMATIVE CYRIL BARRY CONTRIBUTION Mr. Cy Barry, who resides at 3760 Blackhawk Road, read an article about the restoration of the old Town Hall and sent a check to the City of Eagan in the amount of $250 to be used toward that purpose. Enclosed on page (0 is a letter sent to Mr. Barry on behalf of the City Council expressing appreciation for the contribution. The City Administrator will notify the Rotary Club and History Committee. THANK YOU LETTER FROM CITY OF BURNSVILLE In early September, the City Administrator sent a bouquet of flowers to the City of Burnsville to acknowledge the grand opening of their new City Hall and recognize the celebration of their 25th anniversary as a city. The bouquet was from the Mayor and members of the Eagan City Council on behalf of the City of Eagan. Enclosed on page -.7(( is a thank you note from the Burnsville City Manager. I -35W COUNCIL Kristy Marnin recently attended Council that was held on October that meeting, refer to the memo s2 /3 . DAKOTA COUNTY HRA UPDATE the third meeting of the I -35W 4 and for a review and update of enclosed on pages_C2 through The Dakota County HRA Update on assisted housing and community development activit fo Dakota Countyand the City of Eagan is enclosed on pages through(! for your review. MINNESOTA PUBLIC RADIO CONDITIONAL USE APPLICATION Enclosed on page iR is a copy of a letter from Christina Stalker, attorney for Minnesota Public Radio, requesting that the conditional use application be withdrawn and not appear on the October 17, 1989, Council agenda. PROTECTIVE INSPECTIONS MONTHLY REPORT/SEPTEMBER 1989 Enclosed on pages __through �cP��o is a copy of the September 19, 1989, Protective Inspections monthly report. EAGAN/MENDOTA HEIGHTS CORRIDOR STUDY Recently the City of Mendota Heights hired David Braslau Associates, Inc., and Robert Collette to prepare a study that would address the history of the corridor and recommend certain air traffic procedures as they relate today to the Eagan/Mendota Heights corridor. The study was completed and a copy provided to the City of Eagan. Unfortunately, many of the conclusions and findings are inaccurate and misleading. The City Administrator and Assistant to the City Administrator Hohenstein have felt a necessity to contact the Metropolitan Council and ask that they study the findings and address the integrity and original intent of the original compatible land use study that established the Eagan/Mendota Heights corridor. Assistant to the City Administrator Hohenstein has prepared an executive summary of the document that was presented to the Airport Relations Committee at a recent meeting. Please fer to a copy of that document on pages through A special meeting of the Airport Relations Committee is scheduled for October 30 and at that meeting it is anticipated that a resolution will be prepared regarding the study for City Council consideration. ECONOMIC DEVELOPMENT UPDATE The City was notified this week by the State that U. S. Memories has completed their study of the semi -conductor facility and apparently the plant does not meet the clean -room specifications they desire for a facility. They are, however, still interested in keeping The Waters site as an option. The staff was asked to provide some additional detail to the State on The Waters. The City Administrator was contacted by the representative of R. L. Johnson Leasing requesting that the Mayor & City Administrator meet with representatives of Anchor Hocking Plastics who are considering either a lease arrangement or purchase of the Donaldson Building. That meeting is scheduled for Friday the 13th and if there is news, the Mayor or City Administrator will share further at the meeting on Tuesday. AMM LEGISLATIVE POLICIES Enclosed without page number is a copy of the AMM Standing Policy Committee of the Legislative package for 1990. If any member of the City Council has a concern or would like to express some additional comments on any of the legislative items, please contact this office or share at the City Council meeting. /s/ Thomas L. Hedges City Administrator 20I CF 3830 PILOT KNOB ROAD VAC ELLISON EAGAN, MINNESOTA 55122-1897 Mop' PHONE(612) 454-8100 THOMAS EGAN FAX (612) 454-8363 DAVID N. GUSTAFSON PAMELA MCCRE4 THEODORE WACHTER Cwmil Hempen October 11, 1989 THONAS DVos cIm EUGENE VAN OVERBEKE CM Cwh CYRIL T. BARRY 1511 SOUTH 4TH ST MINNEAPOLIS, MN 55454 Dear Cy: On behalf of the Eagan City Council, I would like to express our sincere appreciation for your generous contribution toward the restoration efforts of the Old Town Hall. The City Council is very excited about preserving a building with such historical significance to our community; and the community support for this project is very strong. Your support and generosity will help make this goal a reality. Again, many thanks for your contribution. Sincerely, \\M-1—'— Thomas L. Hedges City Administrator cc: Mayor and Councilmembers TLH/vmd THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Aff^irmative Action Employer A%— ( 0 City of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612) 895-4400 October 5, 1989 Mayor Vic Ellison 3830 Pilot Knob Road Eagan, MN 55122 On behalf of the Mayor and City Council of Burnsville I wish to thank the Eagan City Council and the City of Eagan for sending the beautiful floral arrangement to help us celebrate our 25 Year Anniversary and Grand Opening. The flowers helped to brighten our lobby during the open house for our new City Hall. Thank you again for remembering us on the occasion of our Grand Opening. Sincerely, Linda Barton City Manager LB/mlg cc: Tom Hedges �% D (� TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: October 11, 1989 SUBJECT: I -35W Council Update #3 The third meeting of the I -35W Council was held on October 4, 1989. The agenda for this meeting included a presentation by the Minnesota Department of Transportation (MnDOT) regarding highway funding and project prioritization. A MnDOT representative provided a detailed overview of MnDOT's project selection process, which includes the following steps: project identification, program categorization, project prioritization, candidate project evaluation, and program review and approval. An interesting issue raised during this discussion is that, given the level of funding available from MnDOT and the estimated cost of improvements necessary to I -35W (including additional lanes, etc.), it is unlikely that sufficient funds from MnDOT will be available for a major I -35W improvement project. As such, other sources of funding will likely be necessary. Also at this meeting, elections of three at -large executive committee members and the committee officers took place. The elected at -large executive committee members are: Bonnie Featherstone, Burnsville business representative; Paul Hufnagle, Bloomington citizen representative; and Bob Morgan, Minneapolis staff representative. The elected committee officers are: Dan McElroy, chair; Carol Johnson, vice -chair; and Paul Hufnagle, secretary/ treasurer. A complete listing of the executive committee members is attached. The next meeting of the 35W Council is Wednesday, October 18, 1989. If you have any questions regarding the Council, please advise. cc: Dale Runkle Jim Sturm C 1�— 35W COUNCIL EXECUTIVE COMMITTEE MEMBERS Dakota County Mike Turner - Regular Alan Moe - Alternate Apple Valley Barbara Savanick - Regular Tom Melena - Alternate Bloomington Charlie Honchell - Regular Burnsville Dan McElroy - Regular Chuck Siggerud - Alternate Lakeville Bob Erickson - Regular Betty Sindt - Alternate Minneapolis Carol Johnson - Regular Brian Coyle - Alternate Richfield Don Fondrick - Regular Steve Quam - Alternate Savage Don Egan - Regular Mark McNeill - Alternate Hennepin County Regional Railroad Authority P - c3 Status Report for Dakota County** October, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Moderate Rehab Section 8 New Construction Low Rent Housing 235 Home 236 Rental Amount of Elderly Family Total (+/-)* 409 1125 1,534 0 117 207 324 -7 4 21 25 0 247 300 547 0 380 205 585 0 0 41 41 0 0 526 526 0 TOTAL ASSISTED HOUSING 1,157 2,4.25 3,582 -7 Amount Commercial/ of COMMUNITY DEVELOPMENT Elderly Family Multifamily Total Increase MHFA Local Participation 0 8 0 8 2 MHFA Home Improvement Loan 35 185 0 220 1 MHFA Home Rehab Loan 68 79 0 147 1 MHFA Home Energy Loan 11 146 0 157 3 Rental Rehab 38 49 5 92 0 CDBG Rehab Loan 90 187 0 277 2 CDBG Rehab Loan - Mobile Home 1 20 0 21 0 MHFA Solar Bank Energy Loan 0 8 0 8 0 312 Loan - Residential 4 15 0 19 0 312 Loan - Commercial/ Mixed Use N/A N/A 3 3 0 Weatherization 384 1,589 0 1,973 15 TOTAL COMMUNITY DEVELOPMENT 631 2,286 8 2,925 24 * + = Increase/- = Decrease ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. Status Report for the City of Eagan October, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Section 8 New Construction Low Rent Housing 236 Rental TOTAL ASSISTED HOUSING Elderly Family 33 25 0 0 0 58 COMMUNITY DEVELOPMENT Elderly MHFA Home Improvement Loan 2 MHFA Home Rehab Loan 3 MHFA Home Energy Loan 1 CDBG Rehab Loan 1 Weatherization 1 5 .TOTAL COMMUNITY DEVELOPMENT 12 * + = Increase/- = Decrease 222 51 33 22 144 472 Family 14 3 12 7 69 NEON Amount of Total (+/-)* 255 -1 76 -2 33 0 22 0 144 0 530 -3 Amount of Total Increase 16 0 6 0 13 1 8 0 74 0 117 1 LAW OFFICE MAHLUM & ASSOCIATES, 1 A PROFESSIONAL ASSOCIATION SUITE 2222, NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE 16121 2921995 WILLIAM M MAHLUM CHRISTINA STALKER FAX: 612292.9709 October 6, 1989 14r. Dale Runkle Community Development Uirector City of Eagan 3,830 Pilot Knob Road Eagan, tori 55122-1897 Re: Minnesota Public Radio Conditional Use Application Uear 14r. Runkle: I was unsuccessful in my attempt to contact you by telephone this date and write this letter instead. The purpose of this letter is to advise you that Minnesota Public. Radio has withdrawn its application from the agenda for the October 17, 1989 meeting of the City Council. Obviously, MPR was disappointed with the results of the September 26, 1989 Planning Commission meeting and, therefore, MPR is in the process of making revisions to its plans and will be resub- mitting the same to the Planning Commission for its considera- tion. MPR and this office have met with Mayor Ellison and the City Attorney, and the Mayor suggested this action. At the time of the resubmission, MPR will contact you first and advise you of the substance of the submission. If you have any questions, please feel free to contact the undersigned or Bill Mahl um. Very truly yours, MAH C i 8f: CHRIsrIAA srALKER Attorney at Law Cs:jb/2974M cc: Honorable Vic Ellison Mr. Thomas J. Kigin a((0 PRIFIVF(1i.1 i PROTECTIVE INSPECTIONS MONTHLY REPORT - SEPTEMBER 1989 NUMBER OF PERMITS ISSUED THIS ,MONTH YEAR-TO-DATE Electrical Plumbing HVAC Water Softener Signs Well, Cesspool, Septic Sever b Yater L -s 154 1,296 116 827 109 893 10 64 26 121 Tank 0 1 120 749 NATURE OF BUILDING PERMITS ISSUED U,raA TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 19 FOUNDATION 5 S $ 1,185.00 $ 1,186.50 447 SINGLE FAMILY 47 5,437,000 32,364.00 16,182.00 143,575.50 2 DUPLEX 0 69 TOWNHOUSE 4 288,000 2,056.00 1,028.00 11,089.50 0 CONDO 0 1 APT BLDGS 0 0 AGRICULTURAL 0 20 COhT,/IND (NEW) 3 241,600 1,268.00 625.00 2,264.50 110 COM":/IND REMODEL 12 654,000 4,504.00 2,117.00 21,416.00 12 COMM/IND ADDITION 4 4,605,000 13,382.00 6,691.00 42,869.50 0 INSTITUTIONAL 0 4 PUBLIC FACILITIES 0 24 RES. GARAGES 6 39,000 514.00 68.00 602.00 61 RES ADD./PORCH 7 60,000 732.00 _ 773.00 19 SWIM POOL 3 15,600 207.00 218.00 291 MISCELLANEOUS 23 306,200 2,194.00 104.00 2,459.00 4372 RAH4 RD., L2, B1 S 15.60 NS ADD. 0 DEMOLISH 15.00 HOUSE MOVES MO. SUBTOTAL 11,646,400 58,421.00 26,815.00 226,453.50 ADJUSTMENTS MO. TOTAL 114 1,079' YEAR-TO-DATE 112,212,500 538,883.50 255,087.00 2,732,207.95 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL &,INSTITUTIONAL BREAKDOWNS DATE SEPTEMBER 1989 BLDG. 1 1 I e PERMIT # a ADDRESS & LEGAL 1 OWNER e VALUATION 1 OCCUP. 1 855 APOLLO RD 1 1 1 17119 e L102., B2, EAG CTR IND PK 31 NATL MINERAL CORP1 $ 225,000 1 COMM NEW 1 3500 BLACKHAWK RD 1 a (COMM 17043 1 L014, BO, REG LAND SUR #4 1 MW e 16,000 16,000 e NEW 17078 1 1500 TOWERVIEW RD 1 1 1 1 L3, B1, UNISYS PARK 1 UNISYS 1 600 1 COMM NEW 1 655 LONE OAK DR 1 1 1 17093 1 L1, B1, CRAY 2ND 1 CRAY RESEARCH 1 2,930,000 1 COMM ADD 1 2180 GLORY DRIVE 1 1 1 17096 1 L1, B1, PEACEFUL HEIGHTS a PEACE REFORMED CHI 11100,000 1 PF ADD 1 2600 LONE OAK PT 1 1 1 17110 1 L1, B1, LONE OAK 2ND a NW AEROSPACE 1 400,000 1 COMM ADD 1 855 APOLLO RD 1 1 1 17118 1 L102, B2, EAG CTR IND PK 31 NATL MINERALS CORFA 175,000 1 COMM ADD 1 3500 YANKEE DRIVE 1 1 1 16904 1 L1, B1, R L JOHNSON 2ND e R L JOHNSON 1 371.000 1 1NT IMPR 1 3105 SIBLEY MEM HWY 1 1 1 17095_ _ 1 L5, BO, MEADOW VIEW a G. L. HARTMAN 1 65,000 TINT 1MPR 17012 1 2600 EAGAN WOODS DR 1 1 1 1 L1. B1. EAC WOODS OFC PK 1 TRAMMELL ^ROW ,^.0 1 58,000 I1NT IMPR 1 1254 TOWN CENTRE DR 1 e 1 17103 — - 1 L4, dl, TOWN CTR 100 6TH 1 FEDERAL LAND CO 1 40,000 TINT 1MPR 1 3773 HWY 149 1 1 1 17113 1 L1, B1, WEST PUBL 2ND a WEST PUBLISHING Cd 30.000 11NT 1MPR 1 1960 CLIFF LAKE RD 1 1 1 17109 1 L2, B1, CLIFF LAKE CTR 1 RHC ASSOC 1 25,000 TINT 1MPR 17015 1 1274 LONE OAK RD 1 LONE OAK PLAZA 1 e 1 L1, B1, EAC LEMAY LAKE 3RD1 LTD PTNRSHIP 1 18,000 11NT 1MPR 17042 1 1960 CLIFF LAKE RD 1 e e 1 L2, B1, CLIFF LAKE CTR 1 HOFFMAN DEVEL GROUP 15,000 11NT 1MPR 1 1301 CORP CTR DR 1 / 1 17059 1 L1, B3, EAG OF PK #1 1 OPUS CORP 1 11,000 1 1N 1MPR 1 1960 CLIFF LAKE RD 1 1 1 17111 e L2, B1, CLIFF LAKE CTR e RNC ASSOC 1 9.000 'INT 1MPR 17013 1 2600 EAGAN WOODS DR 1 / e 1 t.t . nt PAn 61MnC nF^ PK 1 TRAMMELL CROW 1 7,000 11NT IMPR 1 1256 LONE OAK RD 1 1 1 17036 1 L1, B1, EAG LEMAY LAKE 3RD1 LONE OAK PLAZA 1 5.000 I1NT IMPR 1 1 1 1 1 1 e 1 1 1 e 1 1 1 1 1 1 1 1 1 1 e a �8 PROTECTIVE INSPECTIONS — MONTHLY REPORT DATE SEPTEMBER 1989 MULll-P11M1L1 GI(f.Arl)UWN 1 MO. 11 1 MO. it 1 MO. # 11 YTD # 1 YTD 11 1 OF 1 OF 1 OF 11 OF 1 OF TYPE 1 PERMITS 1 UNITS 1 BLDGS. 11 UNITS 1 BLDGS. e e e IN 2 1 1 DUPLEX 1 1 t 11 2 1 1 1 t 1 n t 3—PLEX 1 t 1 el 3 1 1 1 t t n 1 1 1 1 11 1 4—PLEX 1 4 1 4 1 1 11 32 1 8 1 1 1 to 1 1 1 1 11 1 5—PLEX 1 1 1 11 5 1 1 1 1 1 11 1 1 1 1 11 1 6—PLEX 1 1 1 tl 12 1 2 1 1 1 t1 1 7—PLEX 1 1 1 tt 7 t 1 1 1 1 11 1 1 e 1 11 1 8—PLEX 1 1 1 111 135 1 17 1 1 1 11 1 1 1 1 11 1 10—PLEX 1 1 1 11 1 1 1 t 11 t I 1 1 11 1 12—PLEX 1 e 1 11 1 1 1 1 11 t 1 1 1 e1 1 16—PLEX 1 1 1 11 1 1 1 1 tl 1 I r 1 11 e APT. BLDG. 1 1 1 It 51 1 1 1 1 1 t1 t 1 t e el 1 OTHER 1 t 1 11 t 1 1 1 t1 t 1 1 1 tl t TOTAL 1 4 1 4 1 1 1t 250 1 33 1 1 t 11 1 PROTECTIVE INSPECTIONS MONTHLY REPORT _ SEPTEMBER 1988 NUMBER OF PERMITS ISSUED Electrical Plumbing HVAC Water Softener Signs Well, Cesspool, Septic T THIS MONTH 159 YEAR-TO-DATE NATURE OF BUILDING PERMITS ISSUED MONTHLY 1,328 761 133 TYPE NO. VALUATION PERMIT FEE LAN REV FEE TOTAL FEES 13 - FOUNDATION I 2 I$ I $ 83.001$ $ -83.00 537 1 56 j 5,652,0001 31,916.001 15,958.00 151,277.50 SINGLE FAMILY 26 DUPLEX 1 0 48 1 14 I 1,046,0001 6,618.001 3,309.00 35,596.50 TOWNH0USE 4 CONDO I 0 0 1 I 0 APT BLDGS 0 iAGRICULTURAL I 0 22 COP:=4RCIAL I 4I 3,951,00 12,480.001 6,240.001 70,803.50 ICOM!/IND 1 63 REMODEL 9I 369,00012,198.001 865.001 6,668.50 4 COMM/IND ADDITION 1 1 1 136,0001 692.001 346.00 1,106.00 2 INDUSTRIAL I 0 I 1 I 1 0 (INSTITUTIONAL 7 PUBLIC FACILITIES I 11 25,839,00 59,212.001 5,254.00 303,288.00 13 RES. GARAGES 41 28,00 328.00 344.00 48 41 52,00 516.00 176.00 719.00 RES. ADDITIONS 32 SWIM POOL 282 281 57,60 944.00 976.00 MISCELLANEOUS 1 0 DEMOLISH 2 0 HOUSE MOVES 1,104 123 37,130,60 114,987.00 32,148.00 570,862.00 MO. TOTALS - 1 (i sur- ADJUSTMENTS 1 20.00 1,103 YEAR-TO-DATE 117,376,03 520,380.001 225,872.50 2,507,816.60 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 11, 1989 SUBJECT: DAVID BRASLAU ASSOCIATES/EAGAN-MENDOTA HEIGHTS CORRIDOR STUDY The purpose of this memo is to brief you and the City Council the Corridor study prepared for the City of Mendota Heights by David Braslau Associates, Inc. and Robert Collette. The study is broken down into ten key issues and a proposal to modify procedures southeast of Minneapolis/St. Paul International Airport. A detailed review of the study will be forwarded to the Council by the Airport Relations Committee at a later date. The Committee has scheduled a special meeting on October 30, 1989 to consider a resolution regarding the study for Council consideration. BACKGROUND As you will recall, the City of Mendota Heights was a participant in a joint study, the purpose of which was to recommend air traffic procedures southeast of the airport which would relate to the area compatible land use known as the Eagan/Mendota Heights Corridor. This study was requested by both cities in a joint resolution dated July 17, 1986 and August 5, 1986. At the conclusion, several things occurred. First, the Federal Aviation Administration, which had actively participated in the study for more than a year, redefined its role as that of technical advisor and stated that it could not operate under any of the scenarios which had been considered to that point. Second, the City of Mendota Heights rejected a compromise proposed by the City of Eagan based on alternatives prepared by staff members of each city. In the intervening period, it has been the intention of the Metropolitan Aircraft Sound Abatement Council, through its Chair, Walter Rockenstein, to act as a mediator and suggest possible alternative solutions. In the meantime, the City of Mendota Heights commissioned its own study of the Corridor by Mr. Braslau and Mr. Collette. That study was presented for Mendota Heights Council's consideration at its September 19, 1989 meeting. The report was accepted and staff and the consultant were directed to prepare a resolution to request that the proposal made in the report be considered by MASAC and MAC for a 180 day test. SUMMARY The report reviews 10 issues relating either to the historical evolution of the compatible land use corridor and procedures or current operational constraints. The study concludes that the combination of post -deregulation traffic levels and FAA procedures cause the traditional. Corridor concept to be outdated. As a consequence, the study proposes that in exchange for a stricter boundary on the Mendota Heights side of the Corridor during off- peak hours, the FAA be allowed to fan aircraft from compass headings of 90 degrees to 150 degrees during eight peak hours of the day. While this proposal would add no new impacts to Mendota Heights and would, in fact, reduce impacts in certain areas which expected them under regional planning guidelines, it creates a dramatic shift of traffic to the south by a full 32 compass degrees south of the extended runway center line. This would open broad new areas of Eagan residential neighborhoods to severe noise impacts whenever the procedure would be in use. For a variety of reasons outlined below, implementation of such a proposal would result in the permanent and irreversible degradation of the Corridor concept. GENERAL 1. Unfortunately, Mendota Heights is receiving very poor advice from its consultant. The document as presented lacks a command of the facts and obscures pertinent issues while overstating the impact of less pertinent ones. It also appears to attempt to build a case for a pre -supposed outcome rather than objectively reviewing the facts and deducing conclusions from them. The concept of right turns away from the compatible land use corridor as a means of fitting the remaining traffic in the Corridor is not new. The FAA has made numerous attempts to dismantle the Corridor in the recent past. As was noted above, the FAA shifted standard operation procedures from 105 degrees north to 90 degrees and then south to the 11R localizer without any public process despite the fact that this heading was the assumption used in the regional planning process. The FAA also inserted the concept of exempting Stage 3 aircraft from Corridor procedures in the Part 150 Study. On at least two occasions, the FAA has suggested to Eagan residents that the City should permit a 160 degree track for departures to allow the remainder of the traffic to be more concentrated in the Corridor. Moreover, agency representa- tives have stated that they would no longer agree to Corridor procedures if they had not been agreed to in the past. Therefore, it is not surprising that a study done in part by a retired FAA tower employee would propose virtually the same thing. 2. The study refuses to consider the relationship of its proposal to either regional land use policy or compatible land uses. Mendota Heights has permitted unprecedented expansion of residential uses in previously undeveloped areas in known noise impact areas. The actions of one community to unilaterally redefine noise impact areas should not be rewarded by dramatic shifts in operations. Rather, each community should deal with the consequences of its own decisions. Further, the study labors under the illusion that if compatible land use does exist, it lies along the centerlines of the runways. Thus, its assertion that 30 degree fans in both directions represents an equitable procedure. Any objective review of compatible land uses will find that it lies generally north of the centerlines and that the reason that the parallel 105 degree headings were equitable regional policy is because the middle of the Corridor lies approximately 11 degrees north of centerline. Despite the study's insistence that the contours no longer describe noise impact, any new contours have to be based on procedures which relate as much as possible to this situation. 3. The study contends that the interests of Mendota Heights have not been represented in any of the Corridor decisions since 1973 and that as a consequence, Mendota Heights is entitled to special consideration in the future. This is clearly not supported by the facts. Mendota Heights was an active participant in virtually all decisions, studies and environmental reviews related to the airport, including those in 1973, the Noise Map Project and the Joint Corridor Study. 4. The study disregards existing data concerning the disproportionate noise impact in Eagan residential areas adjacent to the Corridor. While the L10 65 contour is an important decision-making tool, it represents only peak hour periods of the day when the impact on Mendota Heights is the worst. The Ldn 65 contour does understate the full effect of noise impacts, but it also takes into account all hours of the day and night as well as the impacts of arrivals and departures. Such a contour clearly shows the impacts are worse to the south. The study somewhat conversationally dismisses the use of the Ldn contour as a decision-making tool. 5. While the study does not address this fact, FAA policy states that the primary mechanism for noise abatement is the development of compatible land uses in areas surrounding airports. This study makes no attempt to define where the compatible land uses are, nor does it really acknowledge that operations ought to relate to them. Rather, it describes such expectations as being outmoded and unreasonable. There is probably nothing more reasonable than expecting an agency to responsibly use that which it asks for. 6. The study also disregards the effect that concentrations of traffic have along particular tracks. It seems to assert that tracks which are used virtually all the time for both arrivals and departures are similar to tracks which are used only periodically for departures and then in lower concentrations. In fact, most Metropolitan Airports Commission track maps demonstrate that most traffic can be constrained within an area of operations roughly 15 degrees wide, with an occasional 0�3 separation beyond this area. It is possible that the direction of propeller planes to headings outside of the corridor would allow this concentration to be even tighter. To suggest a 60 degree operational area when a 15 degree area compatible with regional policy can be used more than 95% of the time, it does not relate to the facts. 7. Perhaps the most troubling aspect of this study is that it is characteristic of the divide and -conquer situation in which cities active in the airport noise issue so frequently find themselves. Whether by design or not the FAA seems able to avoid responsibility in the most unusual policy areas while cities which are not responsible for the condition they are attempting to resolve seem compelled to argue with one another. Numerous attempts have been made to combine the interests of the cities and to focus on the point of the issue which is, "how can the airport and the FAA deal with the dramatic increase in traffic in the post deregulation period in a manner consistent with the communities which surround it?" Unfortunately, the Braslau study in a somewhat emotional tone attempts to take the City of Eagan to task for everything from regional land use policy to the effects of deregulation. This is not reasonable and is not a sound basis for policy formation. CONCLUSION It would appear from the foregoing that there are limited grounds for agreement. I do not believe that this is the case. While the concept of a broad fan approach is clearly not consistent with FAA policy, regional land use policy or the intent of those who made responsible land use decisions, there appear to be some grounds for consensus. If Mendota Heights would prefer fanning during the peak hours during their side of the corridor to disperse impact, that would have no effect on Eagan. Since, as the study points out, the traffic on the two runways is evenly balanced, they can be treated separately and flown in two distinct ways. This is not much different than what is done now. In addition, the proposal to define a 15 degree area of operations for off-peak hours is precisely what was intended by the joint corridor study. The only modification that would be necessary to make the proposal acceptable to Eagan is that Mendota Heights at least accept a fair share of the 15 degree cone north of 105 degree track assumed by the Met Council in its study. In such a scenario, the southern boundary would be defined as the first 5 degree magnetic heading increment north of center line and the northern boundary would be the 15 degree separation from that. At the present time that would be 115 degrees and 100 degrees. Eagan would also be well served by a depiction of the 15 degree cone on the radar screen. a a 4 It is my intention to take this memorandum to the Airport Relations Committee at its meeting of October 10. Based on that committee's review of the observations and conclusions concerning the Mendota Heights study, and upon its recommendation, staff will draft a resolution for Council consideration at its earliest opportunity. Let me stress that I feel very strongly that all communities around the airport should behave in a cooperative fashion with respect to the airport issue. It is unfortunate that the study that Mendota Heights' commissioned chose to take an aggressive tone and in spite of the study I hope that we can once again work cooperatively with Mendota Heights as a neighbor. By way of action steps, in addition.to a resolution in this regard, staff has contacted the Metropolitan Council and has requested its participation in discussions concerning this matter. While Mendota Heights' consultant has outlined a course of action which purposely excludes the Metropolitan Council for obvious reasons, I do not believe that any action will be taken without their input. I will keep you apprised of further developments in this regard. �� As sta t o the City Administrator JDH/vmd/jeh MINUTES OF A !-2.P ....,GULAR MEETING OF THE EAGAN:::P;:7,.y COUNC-4.1�:' EAGAN :01NNE' OTKI OCTOBER A regular meeting of the Eagan City Council was held on Tuesday, October 3, 1989, at the...-Ragan.Municipal Center. Present were Mayor Ellison and Council - Egan, Gustafson, and McCrea. Also present were City Adimilh-jst-r atit . . t Tom Hedges, Community Development Director Dale Runkle, Public %40'riks Director Tom Colbert and City Attorney James Sheldon. City Administrator Tom Hedges informed the Council that Item C (Project 536, Final Assessment Roll - South Oaks Addition) and Item F (Project 529, Final Assessment Roll - Cliff Lake center) under Public Hearings were to be continued. He also pointed out that Item A under old Business (Cedarva:le..B : oulevard - Vacate Right-of-way) should be listed under the Pulaid:Heaxinq section. .................. - Wachter moved, McCrea seconded, the::motion to approve the agenda as amended. All voted in September 19, 1989. Councilmember Egan pointed out the need for a spelling correction on page 11, in the last paragraph. "Mary Ranerite" should be corrected to "Mary Ramnarine". Egan moved, McCrea seconded:,- the motilp�p.: to approve the minutes ,:: ........... for the September 19, 1989 as amended. All voted in favor. .... .... August 30, 1989. Wachter moved, Egan seconded, the motion to approve the minutes for the August 30, 1989 special Council meeting as presented. All voted in favor. September 12, 1989. Wachter moved, McCrea seconded, the motion to approve the minutes for the September 12 meeting as presented. All voted in favo�.:..'..:::i.: DEPARTMENT HEAD BUSINESS City Administrator Tom Hedges informed the Council that in the 50th anniversary issue of the First Class magazine, there was an Page 2/EAGAN CITY COUNCIL MINUTES October 3, 1989 ................... ............................. ............................ ............................. ................ ....................... ....................... ................. I ..... ..... ........................... .... I ........................ ................ ..... .......... ..... ..... article with quotes from Chie.:f::.Southorn regarding the City's Peterbilt equipment. Councilmember Wachter reqUes't4d:.::.:6hAipdate regarding the landscape policy. Parks and Recreation Director Ken Vraa updated the Council and stated that a draft statement would be before the Council within a month. Councilmember Wachter haA::""'1' .. the compost pile ..Pu :.,UI3 and asked if there was a necessity -.i. : : t:" ' signs to alleviate any traffic problems. Administrative A9'&istant.:7on Hohenstein stated there was no change to the traffic '..p.attern....:at the present time but he would keep checking on the situAlt`k0n. SEt is PLAkT:::::: Council -member Wachter announced he felt the residents near the Seneca Plant had been taking the brunt of the problems not only for the City of Eagan but also for other neighboring communities. He suggested the Council pass a :resolution recommending that the MWCC pay $5,000.00 to each household.:,:1or. the inconvenience they had put up with over the years. councilme:iiOrs::::.Egan and Wachter both felt it would be a good faith gesture. ... MAy6f:lilison commented he had concerns that the cash would not:;: olve the:::4broblems regarding the matter. Wachter moved, Egan secoMdd the motion to approve a resolution recommending that the MWCC pay $5,000.00 to each resident of Wuthering Heights to reimburse them for the ongoing inconvenience. All voted in favor. CON,5FXT.AGENDA A. Personnel Items. 1. Seasonal Park Attendant. City Administrator Tom Hedges informed::.'the Council that he had authorized a change of position for Lei Lani Dick from seasonal worker to park attendant. No action was required on this item. 2. Seasonal Street Maintenance Worker, City Administrator Tom Hedges informed the Council that he had authorized the hiring of Jeffrey... Schaefer: -:as. a seasonal street maintenance worker for the..action was required on this item. .. . ..... Page 3/EAGAN CITY COUNCIL MINUTES October 3, 1989 3. Seasonal Park Maintena3'ce Worker:: City Administrator Tom Hedgebiined the Council that he had authorized the hiring of David Baumann as a seasonal park maintenance worker for the current season. No action was required on this item. 4. Sick Leave Policy. Councilmember Gustafson asked eibich of:: Page 4/EAGAN CITY COUNCIL MINUTES October 3, 1989 Councilmember Wachter asked if the rotting boards would be replaced and the insulation would be increased. City Administrator Tom Hedges responded that rotting boards would be checked and replaced and that he would check. into the insulation question and report back to the Council. It was recommended to award tiie contract to re -roof the Fire Administration Building to Walker Pogfing,,Gompany in the amount of $32,150.00. G. Proclamation. Red It was recommended to proclaim the week of October 22 through the 29th, 1989 as Red Ribbon Campaign Week in the City of Eagan. H. License Application, Amusement Devices/Pizza Hut Restaurant at 2130 Cliff Roadi It was recommended to approve an 'amusement devices license for the Pizza Hut located at 2130 Cl:kf Road;.::,i::::the City of Eagan. I. Contract 89-21, Receive;:$aS/Award Con inn - S}nrm Cowcrl ....._ Public Works Director Tom Colbert recommended to the Council that the bids be rejected with authorization given for re -solicitation of new bids with a Spring of 1990 completion date. It was recommended to rejec�t::Eh6.li'ftrfor Contract 89-21 (Effress Addition - Storm Sewer) and -author ze re -solicitation of new bids with a Spring of 1990 completion date. J. Contract 89-22, Receive Bidg;.Award::Cpntract (Hills of Stonebridge 2nd Addition - Storm Sewer and Watermainl. It was recommended to receive the bids for Contract 89-22 (Hills of Stonebridge 2nd Addition - Trunk Storm Sewer and watermain) and award the contract to the lowest responsible bidder, Brown & Cris, Inc., in the amount of $81,83;5:;82, and authorize the Mayor and City Clerk to execute all relatedd' ocuments. K. Proiect 58 is Oaks - Streetlights). It was recommended to receive the feasibility report for Project 586 (South Oaks Addition - Streetlights) and schedule a public hearing to be held on November 9, 1989. Page 5/EAGAN CITY COUNCIL MINUTES October 3, 1989 Councilmember Egan asked if the neighbors had been advised of the MnDOT cost sharing participation. He requested staff keep the neighbors advised. City Administrator Tom Hedges informed the Council that notices would be...sent:.regardi,ng the construction. Public Works Director Tom Co]#iecC::aEd::?gt the residents had not been specifically noticed but that:iie"wou1&m send a revised pending assessment roll to the residents Sk.ow.ing MhDOT participation. Mary Lou O'Hearn, 2888 Sibley?$jlls,tirive, had concerns regarding restrictive covenants:::,tmA §tat';0d.she had sent a letter to the City Administrator. City P:&Inistrator Tom Hedges responded to her concerns and referred the matter to the City Attorney. City Attorney James Sheldon informed the Council he had reviewed the letter, the mentioned abstract entry and state law. He stated that the covenants expired in 1985 and there was no longer a restriction. Councilmember Egaa,.,reported that covenants were good for 30 years which meant the covzi.ants in question began in 1955. Mr. Sheldon stated Councilmember E40a ..as.correct. It was recommended to award:tJ.ontract:::$9:-05 (Sibley Hills Drive ' and Skyline Road - Streets and Utlt'z!53`'to the successful lowest responsible bidder(Brown & Cri;s:�i:'.Jtt':'), and authorize the Mayor and City Clerk to execute all related documents. M. Project 588, Receive Petition/Authorize Feasibilitv Report (Silverbell Addition - Watermain). It was recommended to rece:iVe;-the::;petation for Project 58B (Silverbell Addition - Watermga:)::aiisthgtze the preparation of the feasibility report. N. Project 587, Receive ntry Pass 2nd Addition - It was recommended to receive the petition for Project 587 (Coventry Pass 2nd Addition - Storm Sewer) and authorize the preparation of the feasibility report. O. Contract 89-24, Approve Plans/Authorize Ad for Stratford Oaks - Sanitary Sewer and Sf r, Tm Sewer T It was recommended to apprt .;e :tt#a':.P AJ ::and specifications for Contract 89-24 (Stratford Oaks - Sanitary Sewer and Storm Sewer) and authorize the advertisement for a bid Q0.0ning to be held at 10:30 a.m., October 16, 1989. Page 6/EAGAN CITY COUNCIL MINUTES October 3, 1989 P. Contract 87-F, Final -Acceptance (B.yr Oak Hills - Streets and Utilities). It was recommended to approv2:CoritY'act 87-F (Bur Oak Hills 1st Addition - Streets and Utilities) and accept the improvements for perpetual City maintenance, subject to appropriate warranty provisions. It was recommended to receive :the bids:.for Contract 89-19 (Parking Lot Lighting - Ohmann and'T. as<s:lake Park) and award the contract to Corrigan Electric::CowAhy f;ox the alternate bid no. 1 contract amount of $18,007.00:" R. Contract Liahtina - Bridl Award It was recommended to receive the bids for Contract 89-20 (Lighting for Hockey and Plea$ur;e:;::Ice Rinks at Bridle Ridge Park) and to award the contract to C`'$5::::;:leckric in the amount of $37,000.00. W arm R] It was recommended to approve the plans for Contract 89-23 (Construction of Trails at Trapp Farm Park, Thomas Lake Park and Other Miscellaneous City Locations) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Monday, October 16, 1989. T. Final Plat, Coventry pass: It was recommended to approve thj findl:Plat for Coventry Pass. U. Final Plat, Oak Cliff 5th Addition::: It was recommended to approve the final plat for Oak Cliff 5th Addition. V. It was recommended to apprtiv t3ie:glatis for Contract 89-25 (Rusten Road - Streets and Utilities) and authorize a bid opening to be held at 11:00 a.m., October 16, 1989:1;:::::: Page 7/EAGAN CITY COUNCIL MINUTES October 3, 1989 McCrea moved, Wachter seconded, the: -motion to approve the consent agenda items as amendi6:,. and autiybiize their implementation. All voted in fay4f.; JOINT POWERS AGREEMENT/ WASTE City Administrator Tom Hedges briefed the Council on the matter. McCrea moved, Egan seconded;,ttie-mot'xoh to approve the Joint Powers Agreement between Dakota Co�tSty, tbe:City of Eagan, and Unisys Corporation for household hszardous:.;:waste collection. All voted in favor. ZOO AMPHITHEATRE City Administrator Tom Hedges informed the Council that he had received petitions regarding the amphitheatre. He requested direction from the Council in responding to the residents. Councilmember McCrea suggested:.sending a letter acknowledging receipt of the petition and tiiiztiier.to keep the petitions on file. Councilmember Wachter suggested resp(>rid:ing in a newsletter and press releases. City Administrator state3 he would prepare the press releases for the papers and.::the newsletter. City Administrator Tom Hedges reminded the Council that the annual bus tour would be on Thursday, October 12, 1989 at 3:00 p.m. He pointed out that Tom Wilson, Principal for Eagan High School, would speak regarding the new Eagan High School. ECONOMIC DEVtLbPME3T :::0 Mi ISSION City Administrator Tom Hedges Xetuested direction from the Council regarding the accepted res ignation..of Corey Cleveland from the Economic Development Commission:3Yad hi$::;teplacement. He questioned if he should send letters to th®::Eagan banks notifying them of the need for a replacement; or if he should notice the matter in the newspaper; or if the matter should wait until the organizational meeting. Mayor Ellison responded he felt the C:1fy Administrator should send letters to the businesses and wait until the organizational meeting. LONE OAK 2ND ADDITION)UTILITY EASEMENT VACATION City Administrator Tom Hedges summari2ed the petition for the Council. Public Works Director Tom Colbert informed the Council Page 8/EAGAN CITY COUNCIL MINUTES October 3, 1989 that he had received no objections regardJpg the petition and recommended approval. McCrea moved, Egan seconded;�t ttiotion to close the public hearing and to vacate the utility easement within Lot 1, Block 1, Lone Oak 2nd Addition as described, subject to the watermain being relocated to a newly described easement dedicated to the City, all at no cost, prior to issuance of ..the building permit. All voted in favor. FINAL ASSESSMENT HEARING/PRtA3ECT 539/ EAGANDALE CENTER INDUSTRIAL PARZ..10TH ADDITION City Administrator TomHedgs:eiCplaiied the hearing procedure. Public Works Director Tom Colbert updated the Council on the project. Egan moved, Gustafson seconded, the motion to close the public hearing and adopt the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and authorize its certification to: Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/ Mayor Ellison opened the would be continued to the Oct OAKS ADDITION ring and stated the matter 89 City Council meeting. Wachter moved, McCrea seconded, the motion to close the public hearing and continue the final assessment hearing for Project 536 (South Oaks Addition - Streets and Utilities) to the October 17, 1989 City Council meeting. All voted in favor. FINAL ASSESSMENT HEARIN'ai{:PRoi7.CT'::435.3iEAST CLIFF ROAD City Administrator Tom Hedges isitroduced the matter. Public Works Director Tom Colbert updated tko Coui3ezl regarding the matter and stated he had received no objections. McCrea moved, Wachter seconded, the motion to close the public hearing and adopt the final assessment roll for Project 463 (East Cliff Road - Streets) and authorize its certification to Dakota County. FINAL ASSESSMENT HEARING/PROJECT.525/WOODLANDS City Administrator TomHezi$$ siadtitaY$zed the matter for the Council. Public Works Director, 'Tom Colbert presented the background information and informed the Council that h.d.had received an objection letter on October 2, 1989 from Wendell and Lorraine Widstrom. He showed the layout and diagram to the Council and explained the assessment roll allocations and rates. He reported Page 9/EAGAN CITY COUNCIL MINUTES October 3, 1989 that Widstroms' concerns were:::;regarding their belief there was no benefit to their property. Dan Boivin (Attorney for W dift-id9 pointed out on the map the agricultural and homestead parcels of the Widstroms. He explained the problems regarding the two ponds and stated that the Widstroms had lost use of part of their land, approximately 1/4 acre, because of the Woodlands development....[ie.,,furthe.r p.Q-inted out that the Widstroms received no special:::�'40tlt::tza::: heir property. He reported that special assessmeats'iieeded to. -:be uniform under the law and felt his clients were not being assessed uniformly. He requested Council review of the matter and::::asked that his clients not be assessed for the improvement:;::. Councilmember Wachter asked if there was cattle grazing on the widstrom property. Mr. Widstrom responded yes. He explained the water problem in relation to the cattle. Mayor Ellison requested Public Works Director Tom Colbert explain the assessment procedure, to the public. Public Works Director Tom Colbd.it::::re.viewed the procedure and the assessments to be assessed to.,the"Widstrom property. He stated that the City did not assess propdrties.,:twice for an improvement. He diagramed the Widstrom and wooclJ;.d3i3::;properties, the lift station and the ponds. Mr. Boivin remarked that the Widstrom property had decreased in value and that the benefit was to the Woodlands development and the other three lots. Mayor Ellison pointed out that the trunk storm sewer improvements increased the value of property. Mr. Boivin responded that the improvement::wagid.:::only bring the Widstrom property back up to its currentt:*tatisi Public Works Director Tom Colbe=- asked:the Widstroms where the water runoff was on their property. Mr::::Widstrom stated the water ran east of the Widstrom property ontifi:the Woodlands. Mayor Ellison pointed out that Green Acres was available to ten acre tracts. Mrs. Widstrom had concerns regarding the interest involved with Green Acres. She stated that she had called the City regarding paint in the storm sewer and pond.,and that an Eagan representative explained it was hydraulic oil. She further stated that the City of Eagan had cleaned up the hydraulic oil but had concerns because the Eagan repres..en:tatiwe:::wae inconsiderate. City Administrator Tom Hedges reported: Clint::.:h4::hAd received a notice from Dakota County that it had cleaned up tk4.e oil. Mr. Widstrom informed the Council that City employee, Mr:::Bruestle, was the Eagan employee they had been in contact with City Administrator Tom Hedges stated he would check into the actions of the City employee. He further pointed out that land uses were currently Page 10/EAGAN CITY COUNCIL MINUTES October 3, 1989 being discussed and that Community Development Director Dale Runkle would contact the Widstroms arid.explain::thb matter. Greg Whipple informed the `dd.unc l` he had purchased the property in the triangular piece and that he had received no written notice of the public hearing. He had been informed of the meeting by telephone. He requested R-1 zoning on his property. City Administrator Tom H6a.... ;ex .:g rir'd the land use designation and zoning revies4 eiid '1irtiier::.i.3 plained the assessment rate allocation according to use da0ignat3pn. City Attorney James Sheldon commented that the City Council had. an opportunity to re-evaluate assessments and to re -a sess:is'needed. Mr. Whipple objected to :the'assessimeht and asked when the land use would change. City Administrator Tom Hedges responded that he would be contacting all owners in the near future. Community Development Director Dale Runkle updated the Council regarding the status of the matter. Public Works Director To was not listed as an owner in reason he was not noticed. He the lot split. Mr. Whipple ex Contract for Deed and had not Smelting. City Administrator with staff regarding the lot the time of his purchase ther i:::Colbert pointed out that Mr. Whipple tI e::. oUnty,.records and that was the further stated there was no record of 11a:ied he.purthased the property on yet:::recea:ved a deed from Gopher om::Hedges suggested Mr. Whipple work tilt. Mr. Whipple remarked that at were no pending assessments. Councilmember Egan had questions regarding the City ponding on the Widstrom property and questioned if there was a need for easements. Public Works Director-T.pm-Colber:t stated he was not aware of any City ponding on;t......W3t#S:t:roM::;:property as he understood the storm sewer discharged on t'iie"Woodland'"property. He stated he would review the matter. Mrs. Widstrom pointed out her pXoperty:,location on the map and explained the ponding problem. She stated Itwas reverse of what the City suggested. She reported that water covers the fence line. Mr. Colbert reiterated he would review and verify the matter. Councilmember Gustafson reported there was Green Acres potential on the property, that asses sments::'::would not be collected unless they benefitted the property and that the owners could request a land use change. Mr..:.Wbh p.ple:.:.bad.:.:questions and concerns regarding land use changes an&:Iib" t::n:::the assessments. City Attorney James Sheldon emphasized- mphas zedtiiat"tiie Council could review the matter at a future time and could re -assess.:;:: McCrea moved, Egan seconded, the motion the to close the public hearing and adopt the final assessment roll for Project 525 Page 11/EAGAN CITY COUNCIL MINUTES October 3, 1989 (Woodlands - Trunk Storm Sewex:).and authorize its certification to Dakota County; noted the Wend&'11'and Loriralne Widstrom complaint and directed staff to work with..' e:: ll# troms regarding the water flow. All voted in favor. FINAL ASSESSMENT ROLL/PROJECT 529/CLIFF LAKE CENTRE Mayor Ellison opened the.pub,iic hearing regarding the matter and City Administrator Tom HedgeS::::FeCpt� .si. ;ed the matter be continued to the October 17, 1989''Cii toihdil meeting. Wachter moved, McCrea seconded:;.:,the mption to close the public hearing and continue the final ass;e.ssment.::;:ibll for Project 529 (Cliff Lake Centre - Streets cisd;i:lrtili,t:a:ess)' to the October 17, 1989 City Council meeting. CEDARVALE BOULEVARD VACATION City Administrator Tom Hedges introduced the matter to the Council. Public Works Directo:r.;.,.Tom Colbert gave a short background presentation and updated the oou.0,GLI.on the past procedure. He recommended vacation denial and: 'if:t:he:::;applicant wished to continue with the vacation, the necessity:for th'applicant to submit a new petition. Councilmember McCrea had.,.q-ues:tzoris regarding the fees. Mr. Colbert explained that the ap1?11C3nt had paid $300.00 with the first request and that the City had waived the fees at the time of the second request. Mayor Ellison asked if Mr. Brown had been notified of the meeting. Mr. Colbert responded he had been notified but that he was not present at the meeting. Councilmember McCrea expressied:tex;::Cc!tt7erns for the Cedarvale area and recommended no additional feeif the applicant reapplied. City Attorney James Sheldon pointed OU -t thaat:the Council must act within a reasonable time on applications. d6tncilmember Egan noted his concerns for the merchants and fO.t the::fees could be discussed at a later date. Egan moved, McCrea seconded, the motion to close the public hearing and deny the petition for the right-of-way vacation regarding Cedarvale Boulevard. All voted in..favor. BRITTANY 10TH ADDITION - DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom He3ias:up3ab ::.tbe Council regarding the status of the matter. He pointed out tha.G Carl Tollefson (developer) was present at the meeting. Public Works Director Tom Colbert explained that the necessary improvements had not been corrected and that staff had exhausted Page 12/EAGAN CITY COUNCIL MINUTES October 3, 1989 all avenues to have the imprgvements complipted. He pointed out that bids had been solicited from ifiree consti'd6tion companies which were now void because the deveiop6r..:-ha3.:&ne some of the work. He noted there would be a need to re!�'g.dv.eitise for bids which would make it improbable that the work would be completed this fall. He explained that the developer wanted to do the work and asked for Council direction. Carl Tollefson informed:Cie::ptf?c:tt: felt all of the items were completed and stressed tki'at staff"f'haa::presented a new list. He stated that only the storm sewer ant sanitiiiy sewer problems were uncompleted. He announced that the,.:final lift of the blacktop could not be completed because of the storm and:::$anitary sewer problems. He indicated he was having di:ffid.Li .;f tii,ng a contractor to do a small job this time of year aiid tiad h.6 a. that a contractor would be able to perform the work on the coming Thursday. Mayor Ellison questioned if the first punch list was completed. Mr. Colbert responded it was not entirely completed as there were uncompleted items such as the sunken manhole. Councilmember Egan suggested:46 t:nuing the matter to the next special Council meeting. Counc lmeiglj2f;:;:wachter stated if the work was not done at that time, that the`Coundil needed to deal with the matter. Councilmember McCrea asked Mr. Colbert if he could assist Mr. Tollefson in locating a contractok:`;to'perform the work. Mr. Tollefson emphasized the prob],":;:;Gf locating a contractor. City Administrator Tom Hedges explained the frustration of the staff was not due to Mr. Tollefson but concerns regarding stalling as winter was nearing. He reaffirmed the need for completion of the project. There was Council discuss on::re ardsi:g:::the timetable for a continuance and possible default. publ c`Works Director Tom Colbert informed the Council that the City rigti lost::::control of the matter and that it was up to the developer):s goodia ;ll to complete the project by winter. Councilmember Wachter pointed out the Council could not keep deferring the problem as action was needed immediately. Councilmember Gustafson stated there was a problem in that the work may not be completed as required. McCrea moved, Egan seconded, the motion to continue the default of the development agreemen�t:::_£og:::Bii,:ttany 10th Addition to the October 17, 1989 City Coui�c�+ee�sg;i:: Co allow staff to review the completion of the project, subject to no new punch list, and to update the Council at the next meeting. Gut4fson, Ellison; Egan and McCrea voted in favor; Wachter voted against. Page 13/EAGAN CITY COUNCIL MINUTES October 3, 1989 NORTHERN NATURAL Gly COMPANYJ.5'iECIAL PERMIT City Administrator Tom HedgeB::igtated that the Council needed to reconsider its previous motion regarding the matter. Wachter moved, Gustafson seconded, the motion to approve the reconsideration of a request for a special permit to construct a steel frame building over an _e9f345titi:.:�etier:::and regulatory facility by Northern Natural Gas Comparey 1U-.:.vote4:Xn favor. Mr. Hedges reviewed the background information and explained that the main issue was the buildip<.Ip1an:;:I3e informed the Council that Northern Natural Gas Company.:::hii&:::r;.ea.hsidered and was submitting a revised plan. Coiiuiruriity Tievelopment Director Dale Runkle stated that meetings had been held with the applicant and that the revised plans were more acceptable to staff. Gary Fuchs reported that he had previously delivered plans and photographs to the Councilmembers. He explained the revised plans and pointed out that the brick::4i?.the building would be similar to the City pump station. He expla nik.: hat„metal was used instead of wood for safety reasons. Councilmember Wachter asked1-f. ;X:4.As' the same building plan as submitted before except for. Z} kick. He requested horizontal siding. Mr. Fuchs explained thai.t:>iieside the brick improvement, the color of the metal was also different than the previous plan. He explained that he was told it was not possible to install the siding horizontal without a backer. Mayor Ellison had questignS..regardin,g..,.the height of the wall and the percentage of brick.Mr:::;FuChs;::aris?aared that the height of the wall would be ten feet. May6.r t11ison Suggested four feet of brick and six feet of steel which woi3ld ma]t,�: 40% brick to meet City requirements. Councilmember Wachter requested a dark::=oof with lighter colored sides to the building. Mr. Fuchs responded if the colors were available that it would not be a problem. Mr. Runkle pointed out the need for further work with City staff regarding the landscaping. Egan moved, McCrea seconded, the motioA:to approve the request from Northern Natural Gas Company:_for.;.s..;.special permit to construct a steel frame building over anx:"ist�ii'g:;IiWtor and regulatory facility, subject to the following conditions: 1. The steel siding on the building shall be of earthtone colors. Page 14/EAGAN CITY COUNCIL MINUTES October 3, 1989 2. The brick on the building shall,,cQver 4 feet in height and the steel siding shall cover ::6:1 eet in be'' ht. 3. The applicant to contih-de:�V. iki:hg with City staff regarding the landscaping. All voted in favor. ORDINANCE AMENDMENT/FMEND.:':R'OUR:, FOR :S. OF LIQUOR AND WINE ....... ......... .......... City Administrator Tom Hedges ::0i:X::plaifi . dd the change in the law regarding the extended hours for sale of liquor iquor and wine. McCrea moved, Egan seconded,:::, 0.... �_.On to approve the ordinance amendment extendind::�ihb::o.sa!:e:::0 liquor and wine to 1:00 a.m. on Mondays. All voted in favor. WILLIAM AND JOANNE STASSEN/SPECIAL PERMIT RENEWAL City Administrator Tom Hedges briefed the Council regarding the matter. Community Developm'.04 rector Dale Runkle presented background information and sho�)e . d . . t� , Dihe.,jocation of the property on a diagram. He stated he had received no:�to ­ laints and that the .. mp renewal of the permit was request��ffig no..,qh4pges over last year's permit. .. ... ..... Mayor Ellison asked Mr. $,t.Agsdn for his regarding the fifth wheel travel trailer. Mr would be the last full season he would need will be retiring and in the future he would trailer for two to three weeks at a time. Councilmember McCrea st renewal as there had been no long-term plans Stassen stated this a special permit as he only be parking his roblems with the Egan moved, Gustafson seconded,..'the motion to approve a request for a special use permit to:61low temporary Mporary parking for residency of a fifth wheel travel trailer at::670 Lone Oak Road from October 20, 1990 to October 31, 1990 as requested by William and Joanne Stassen, subject to renewal on an annual basis. All voted in favor. ROBERT J. AND GRACE M. O'NEIL/COMPREHENSI�": . :GUIDE PLAN City Administrator Tom Hed.9e,%..summar;tz.ed the proposed amendment and informed the .... ... ...: ........ Advisory Planning Commission approved the Comprehensive Giiid6'Plan amendment and a draft Planned Development Agreement. Community Development Director Dale Runkle pointed out that there was a new Planning Commission since the O'Neil matter Page 15/EAGAN CITY COUNCIL MINUTES October 3, 1989 originally began. He reviewed;:; .the background regarding the matter including litigation, and the:::pt.oposed revised uses. He stated that SEH had performed a stud y::.n.: he:::; raffic impact which showed there would be some problems if,:thin::.:property were developed at a commercial rate. He stated that a compromise was suggested by staff of placing a cap on trips of 8,690. He further stated that the Advisory Planning Commission agreed to the cap and recommended a northerly access onto 35E from_.westbound Yankee Doodle Road. He discussed the draft Planned geve3giiiie.itgreement and stressed that all parties were working together ` -z a'quality development. He reviewed the Comprehensive Guide Pidit'i ameii&ent necessity and the Metropolitan Council process. He cQmmented:.::that the developer was not present at the meeting but that:.:3e had:.iieen in contact with them earlier. Mayor Ellison had concerns regarding the indirect source permit and questions regarding the cap on the trips. Community Development Director Dale Runkle explained that the only reason for the cap was because of the traffic impact. He explained there would be no difference with use changes and that the numbers for the trips and the cap were calculakd:::guesses. He further explained the necessity and the reasoning Councilmember Gustafson had::Concerns:::ii connection with proposed condition number 2 regarding.t1he=6ap applying across the board to the entire area developmgA._ Mr. Runkle reviewed the condition and explained its n"bisity. He stated that the traffic increase would be a slow process which would occur as the development proceeded. There was further discussion regarding the cap on the trips. Councilmember McCrea expr:essed:he=:.,d:isbelie f that the developer was not present at ..;th5i#e asked if the only difference in this agreement from the..settlement agreement was in the title of the uses. Mr. Runkle stilted sfi2:was correct. Councilmember McCrea stated she understoo&:..that it was only a conceptual plan at this point and th4r- the::%'�atter would be sent to the Metropolitan Council before other proceedings. Mr. Runkle agreed. McCrea expressed her concerns regarding the need for an access to 35E. She questioned if the City should pursue the matter. Community Development Director Dale Runkle reported that the matter was being reviewed for solutions and felt that the City needed to pursue the matter as it was a City problem';-:-::'- Councilmember roblem;:.:::>Councilmember Egan reopened:.:.the:;:;qupstion regarding the indirect source permit and ha$::con a sss:::ic garding the parking limits. He also had concerns with ponding problems. Mr. Runkle responded that the matter would be reviewed:;:;as the development proceeds. Page 16/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mayor Ellison asked if aw.upgrade was:needed for Yankee Doodle. Mr. Runkle stated that:;the right; =6f -way would be dedicated at the time of platting. City A&4-nistix; 6r Tom Hedges elaborated on future critical intersections aiitl::iliscussed the City's problem regarding financial burden. He stated that the City needed to ensure dollars for the future improvements. Councilmember Wachter emphasized the need to pursue an entrance on 35E. Councilmember Egan requested an explanation regarding the. Yankee Place extension. Mr. Runkle explained the futufe::::coriieCt:ioti:: Charlie Bartholdi (Federal Larid`Comp3riy) stated he was not opposed to the O'Neil development. ..:He pointed out that he manages the Town Centre. He explained his,;nisin concerns regarded the traffic issue and he requestedi,i;iar nh e4:>comprehensive study. He had assessment concerns and informed t1',e''Council that Federal Land Company had paid its assessments and did not want to pay assessments for someone else's development. Mayor Ellison asked Mr. Bartholdi if he felt the current traffic study was unbiased. Mx....Bartholdi stated he felt the preliminary study was ok. Howev.,t;:;::.there were still questions which needed further comprehensive review,:::Coincilmember Egan remarked that setting a ceiling was all the Council could do. There was further discussion regarding futyie traffic;:':problems and the study. Councilmember Egan raised;.:tie:.:gue'stion regarding traffic concerns on Lone Oak because a::the O'Neil development. Public Works Director Tom Colbert explained the potential impact. Community Development Director Dale Runkle stated that the present zoning was Light Industrial which could develop uncapped. He explained that this action would move the project forward. Mayor Ellison had concerns if the cap -was ..reached. He felt there would be a problem on Yankee Doodle. His:;sfacr2;:::hs::problem could be an impact on the project. ........ Councilmember Wachter had quest Ens ritjarding the landscaping and trees. Runkle responded to his cftcerns::::Councilmember McCrea reiterated her concerns that the developerfas not present at the meeting. It was pointed out that professional representation was present. McCrea moved, Gustafson seconded, the,,motion to approve a Comprehensive Guide Plan amendment submitte4:by Robert and Grace O'Neil changing the Comprehensive Plan froitri'D-III (Mixed Residential) to CPD (Commercial:: Planned -Development) district consisting of 120 acres - 5E, north of Yankee Doodle Road and west of Lexington Avenue, subject to the following conditions: 1. A right-of-way up to eight lanes for Yankee Doodle Road. Page 17/EAGAN CITY COUNCIL MINUTES October 3, 1989 ........... ............................. ............................ ............................. ................ ........... ..... I ....................... ............................ ............................. ............................. ... I ......................... ................ ..... ........ .. .... ..... ..... 2. The ADT Generation cap:; :of 8,690 until the improvements allow the system to accommodatO.::::i;he traffi6. The cap to apply across the board to the entire d 6pment. 3. Access to the triangular piece. 4. Seek a northerly access onto 35E from westbound Yankee Doodle Road which is not in th.e....:P.Ianneq..,Pey!elopment Agreement. All voted in favor. LANCE COMPANY/COMPRFHENSIV.E:GUIDF,,:::PLAN AMENDMENT City Administrator Tom Hp'04s:Atvt.r.�6��ed the application and informed the Council the devel6per wag .. P. . resent at the meeting. Community Development Director Dale Runkle gave a brief presentation. Carl Olson (developer) thanked the Council on moving ahead and requested approval. Mayor Ellison asked why the 6UnC1'1:WaS considering a rezoning for the Lance Company and not for::::the:O:1:Nei.l. property. Community Development Director Dale Runkle;Oxplainjpd.:�ftat the O'Neil development was working on a cono . the Council should treat both parcels the same. Councilmember McCrea emphasized the need to carefully plan the access in connection with the O'Neil development or there could be problems. Councilmember Egan asked if the Lance Company property was one parcel. Mr. Runkle explained that it was one parcel. Egan moved, Gustafson seCQndikd:;h ion to approve a Comprehensive Guide Plan amendment as.:-.submi.t.ted by Lance Company of approximately 8.8 R-4 (Multiple) acre:.§ to &::::.PD (Planned Development) district located east Of::::HighF' 35E and north of Yankee Doodle Road in the southwest quartek..:::pf Section 10, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for a five year period, to include all terms and conditions within the proposed O'Neil Planned Development as they.:::,Apply to Light Industrial uses. 2. The name of the Planne-d:'Devi�10.p.Mo#t p- '' :;:shall be determined prior to Council action on th0:::Pt*.UM1nary:.plat. 3. An average daily trip cap of 675 A..041 be in place until improvements in the transportation system take place to accommodate additional traffic. Page 18/EAGAN CITY COUNCIL MINUTES October 3, 1989 4. Only uses allowed in::tile Light Ii I ielustrial district shall be allowed to develop. All voted in favor. STAFFORD PLACE City Administrator Tom Hedges:.Informed: the Council that he had been contacted by many reside:rk'�:6:�::Whi.'z'i'lli'Ai3::::�.61)cerns regarding development construction problems.:''.. m :.Areco'=iended the Council hear from a spokesperson for the group. Blaine Ducksbury had concer4L4:i�gardiz drainage and erosion .:. - issues. He explained he could:::'.'=' . :, . compWte:his backyard because of the problems. He pointed out that some problems were solved in June when the City began working with the developer. He predicted larger problems next year if the work was not completed this fall. He requested Council support and assistance in dealing with the contractor. William Scecanty, 4143 Peh)iOitivania Avenue, updated the Council regarding the problems with"iij6�.hanic Liens because of Frontier Homes. He explained that:::Yrontie.r.....states they have no problem but he feels there may be inancial problems with the developer. Mayor Ellison requested Mk. Hedges address the public's concerns. City Administrator Tom Hedges explained City participation and response and also the building inspections. He requested the residents notify the City if t11PIY.- hav q. auW 0onstruction problems with their buildings. He statdd:i tehaA:::bd'en staff meetings with Frontier regarding the drainage. He turther.::stated there were problems with erosion, seeding and nOxious:.0eeds. He reported that staff was -working on the noxious weqd...:'remov.&:l. He recommended the Council direct staff to prepare a lisf of defaults pursuant' to the Development Agreement, give the developer a seven-day written notice of the defaults, and if there were no compliance by the developer, to declare the developer in default. He requested the City Attorney address the problem regarding the Mechanic Liens. City Attorney Jim Sheldon explained t4.ihe public the statute requirements regarding Mechanic Liens and Mechanic Lien purposes. h�:;fi6�tice to their title He recommended the landowners �i:qi, rsP.t: .... insurance companies of the Medhi�ic:U efts: . '. .::Hieh reported that proper notice was probably not given to the homeowners. ners. He pointed out that the City of Eagan had no financial interest in the property but wished to assist the landowners wherever possible. Page 19/EAGAN CITY COUNCIL MINUTES October 3, 1989 14avor Ellison stated he h;9d reviewee}:�he sites and asked if any fill could be removed. Pu'i.li: ..Works:;:;tiYiector Tom Colbert remarked that the grading, erosion::::::'t1o::'did not meet the City's requirements. He noted that the developer had been informed regarding the problem and further explained the background regarding the matter. Mayor Ellison had questiwns:::Megard ng:::the Letters of Credit for Delta and Frontier. Publir<iVar3�;:'Drgcor Tom Colbert explained he was unsure if the City could perform too:work. Councilmember McCrea felt the,:r:0al need was to declare default and move quickly on the probletA:.;:i]Y: . Fiedget: pointed out that staff had begun legal research on the::::fdatter;:::::;:::: Mark Slato, Lot 57, informed the Council that he had not been contacted by the City regarding the problem. He explained that the grading of his yard was incomplete. He warned the Council that the developer may have financial problems. He requested immediate Council action. .... Councilmember McCrea suggested: meeting meeting with all landowners to discuss the proble=:. Councilmember Egan stressed that the Council needed to take uausuax::::s:teps to help the homeowners. Mr. Hedges commented;.:tt:d:t::-not all residents had been contacted and reiterated his te.Commendations regarding Council action. City Attorney James Sheldon observed that the Letter of Credit was now reduced and that in order for the City to acquire the dollars, the developer would need to be in default. He stated it was necessary for the Citye: zt�c claim. He further stated that there were significant»pYdbleta§'faith each lot and there was a need for further review. Councilmember::MCCIea asked if staff time could be charged against the Le ter of:::Credit. Mr. Sheldon stated that the Letter of Credit was:::: old:: orm and he was currently reviewing the Letters of Credit. Mayor Ellison recommended staff meet with the homeowners and that the matter be reviewed at the next special meeting or the next regular Council meeting. City Administrator Tom Hedges requested each homeowner make a list of their probleniS.:regarding the development and submit the list to staff by::pctober 11, 1989 at 4:30 p.m. He explained it was too .late.. to notice each landowner individually of the special mettYrtg::::i1:;;sffgested the matter be heard at the next regular Council tiieeting Mr. Colbert had his concerns that it would be a tight schedule:::to review the matter by the next special meeting. Councilmember MCC:kea informed the landowners to tell all neighbors to make the necessary list and submit it to City staff. Page 20/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mr. Griggs presented an6.ther issue;w'h'3ch had not previously been addressed. He stated that:::4raina.ge::::�.rom the roadways was a real problem. Councilmember Egaii::asKeti;:;f there was a problem with the catch basin. Public works Director Tom Colbert responded "no", that the problem was the development was not graded to plan. Mr. Quarth stated there were drainage problems for the cul-de-sac and asked why no act on:;.waa:;;;taken by the City sooner. Mr. Colbert explained the oveE3:afidd airiage;:swale and the need to correct the drainage problems. Joe Tramley had questions reg tding -the revised Hedlund plan. Public Works Director Tom Colbert:.t:ep]:ied::;that only the original grading plan had been approv64.::.:: y' the ;i�zty: Egan moved, Wachter seconded, the motion to direct staff to prepare the necessary list of defaults and corrective issues and to report back to the City Council at its October 17, 1989 City Council meeting regarding the defaults of Frontier Homes within the Stafford Place Development. All:;:;voted in favor. Mr. Slato distributed a lettet:ftoip:the Attorney General's Office to the Council members. HAZARDOUS HOME SITE/ 2265....JAM$S'COURT/AUBREY L. HALL City Administrator Tom Hedges informed the Council that a vacant home located at 2265 James Court was not properly maintained by its owner. He stated he had received several telephone calls from citizens regarding the matter. He requested Council direction. McCrea moved, WachterseCpi3deci::::t3ie :zilnion to direct the City staff to serve notice on Mr. Aubt"' L :Hall who owns a residence at 2265 James Court to correct and assure safety of his dwelling unit and grounds. All voted in favor. VISITORS/FRENCH/HUNTING P4IT Mr. French requested a special hunting permit. He informed the Council he would handle the matter the same as the approved Yanta hunting permit. Councilmember McCrea informed the applicant that she felt there was a need to follow the us441 procedure and in particular, she had concerns regarding po13:6e review. City Administrator Tom Hedges informed ...the..Couuc.l that the applicant had been notified of the usual::pXctCedTe::::fayor Ellison informed the applicant to make the appiicit ori at'tYie City Hall and the matter would be returned to the Council in;:two weeks. Councilmember Gustafson informed the Council that he had::previously spoken with the applicant and had explained to him the procedure in order to obtain a special hunting permit. He reported that he had mentioned there was a slight chance that action could be taken at the Council Page 21/EAGAN CITY COUNCIL MINUTES October 3, 1989 meeting if he appeared as a vasi,tor. He Zecommended putting the item on the next special meetitj:;:as,.;.tk?e:::ioendment to the ordinance was very recent. He requested C0-UV0.:::::aVtion. COUNCIL DISCUSSION City Administrator Tom Hedges updated the Council regarding petitions received statingthez:gsTxuction debris in the Fairway Hills development. Major Ei1.:son.r.ported that he had met with the residents who had said the.�O was :ah improvement. Mr. Hedges also updated the Cp3i�cil iJ*tjarding the property tax bill, the annual report, the sp#;Qd:.::peeds;:assalysis and the amusement device licenses. Councilmember Wachter referred to the annual report and congratulated staff in regards to the energy audit. Councilmember Gustafson informed the Council that he had received a complaint from a resident who had attended the last Advisory Planning Commission meetaq;:::The resident informed Mr. Gustafson that an Advisory Planning'CorgtR:ssion member had passed out his business card after the meting: Staff will review the proper conduct with the Commission'.M. :and a letter will be sent from the Council. Councilmember Gustafson had concerns regarding businesses in Eagan selling pornographic literature. He requested the City send a letter to those businesses requesting they stop the sale of the materials. Gustafson moved, McCrea se.e.oscu_d:::t3ie..Mo ion to send letters to E -Z Stop, Brooks Superette''Tbm`Tki. ::An3/or other businesses which sell pornographic magazines, acknowledging to the businesses it is their right but it is the City:' requi?st that they cease the sale of the magazines. All voted in Councilmember McCrea requested an update regarding the Leo Murphy matter. City Administrator Tom Hedges replied that Parks and Recreation Director Ken Vraa was active on the file. VISITOR/BILL PLUTA/JUNK CAR.::.TICKET Mr. Pluta informed the Counci.l... that,.he...,bad received a ticket for junk cars on his property.:: : CLt:.:At3z lhjs ttator Tom Hedges recommended Mr. Pluta contact tlit::::& hief of Police who would explain the problem and inform him of the appeal pr:d:eess. Page 22/EAGAN CITY COUNCIL MINUTES October 3, 1989 CHEMISTS Wachter moved, Egan seconded, jh6 motion to approve the checklists dated August 31, 1989 in the amount of $901,920.77, September 30, 1989 in the amount of $1,225,696.78 and dated October 3, 1989 in the amount of $617,211.77. All voted'in favor. McCrea moved, Wachter seconded,..the motion to adjourn the October 3, 1989 City Council meetirig:.at lq.:15 p.m. All voted in favor. CITY OF EAGAN ADMINISTRATIVR AGENDA REGULAR CITY COUNCIL MEETING' EGAAN, MINNESOTA OCTOBER 171 1989 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Don Vimr Appraisal/Contract 89-05 Item 2. Discussion Regarding District ¢196 Proposal of Wilmus Site for Future Elementary School Item 3. First Amendment to Seneca Final Plat. Development Agreement DIRECTOR OF PUBLIC WORKS Item 1. Revised Grading Plan for Safari Estates 2nd Addition INFORMATIVE ITEMS MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 16, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to be considered under City Attorney at this time, however, the City Council reserves the right to request and hold an executive session to review.outstanding litigation. CITY ADMINISTRATOR Item 1. Don Vimr Appraisal/Contract 89 -05 --Mr. Don Vimr appeared at a City Council meeting several meetings ago and raised issue with the assessment that wasproposed for his property and, as a result of the questions raised by Mr. Vimr, a special appraisal was performed on his lot to determine whether the proposed and pending assessment is appropriate. Mr. Ray Connolly, performing the appraisal on behalf of ,the City, is recommending that the proposed assessment be reduced from $27,000 to $24,000 based on two (2) $12,000 assessments for two buildable lots. In a recent meeting with Mr. Vimr and his real estate representative, Mr. Martin DesLauriers, Mr. Vimr is requesting special consideration by the City Council that action be taken to assess $12,000 to his homestead and defer the $12,000 to the additional lot until such time that the second lot is developed. Mr. Vimr is willing to enter into an agreement with the City for the deferment which, according to the City Attorney, would be a settlement agreement of record with both the deed to the property and the City's parcel file. The City staff is planning to spend some additional time on this matter prior to the City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Mr. Don Vimr to consider a deferment of the $12„000 proposed assessment for a buildable lot until such time that the property is developed and, further, that he will be responsible for the proposed and pending assessment of $12,000 for his existing homestead. Item 2. Discussion Regarding District#196 Proposal of Wilmus Site for Future Elementary School --The Director of Parks and Recreation has been meeting with representatives of District #196 regarding a location for a future elementary school that would be adjacent to City parkland. Although the school has looked at several sites, the location that they are considering is property owned by Wilmus and located north of the Highline Trail and adjacent to Johnny Cake mmw Ridge Road and Clemson Lane. For another description this property is north of the Mallard Park subdivision. The City has received a dedication of park land adjacent to the Highline Trail from Wilmus and the school site would be immediately west of that park land dedication. Before District 196 administrative staff presents the location and site to the school board, they have requested that the Director of Parks and Recreation and City Administrator share the location which is in conjunction with a city park to determine whether the development of the school and the park is acceptable to the City. The Director of Parks and Recreation will be present to further discuss the matter and present an overhead at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the Director of Parks and Recreation and the City Administrator to convey to school district staff regarding a future school site at the intersection of Johnny Cake Ridge Road and Clemson Lane adjacent to City park land. Item 3. First Amendment to Seneca Final Plat Development Agreement --As a condition of final plat approval for the Seneca project staff was directed to prepare a first amendment to the development agreement including several concerns identified by the City Council. The MWCC was placed on notice of the City Council's action to add certain conditions as an amendment to the development agreement and their legal counsel have been working with the City Attorney's office in an effort to provide language that is acceptable to both governmental entities. For a copy of the agreement, refer to pages 125( through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the first amendment to the development agreement for the Seneca Final Plat. DIRECTOR OF PUBLIC WORKS Item 1. Revised Grading Plan for safari Estates 2nd Addition -- Fortune Realty, the developer of the Safari Estates 2nd Addition, has submitted a revised grading plan for grading the house pad' areas. Staff requests that the revised grading plan be reviewed by the Council because of the impact to the heavily wooded site with steep slopes.. The preliminary plat submission intended that the developer would grade each lot individually for custom home sites. The preliminary grading plan for the development was basically limited to that which is required to construct the internal roadway system. nag The Developer has been unable to secure a builder that will grade the lots on an individual basis. Instead, the Developer wants to grade all the lots so they are ready for building a house,, and then he will market the lots to different builders. The major revision to the grading plan proposes to remove the hill on Lots 1, 2, and 3 of Block 2 and use the material for fill for building pads on Lots 11-14 of Block 1. The proposed grading on Lots 1, 2, and 3 of Block 2 will require the removal of trees on the entire lots except for the rear 50 to 60 feet. This grading was not included in the grading plan approved with the preliminary plat. INFORMATIVE ITEMS DISTRIBUTION OF BUSINESS CARD The Advisory Planning Commission member who distributed a business card was Mark Miller. Mark contacted my office and stated that an individual whom he has known for a number of years approached him during a break and once he learned that Mark recently established his own accounting practice asked him for a business card. Mark assured me that the individual"'s request for his business card was in no way related to any business solicitation. He further stated that he understands how a resident could perceive the business card distribution to be business solicitation but wanted to assure the City Council that he has never solicited business nor would he consider doing the same in his role or capacity as a member of the Advisory Planning Commission. LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING The League of Minnesota Cities Policy Adoption Meeting is scheduled for Thursday, November 16 at the Hotel Sofitel. The meeting generally begins at 9:00 and ends at approximately 4:30 p.m. Any member of the City Council wishing to attend the LMC policy adoption meeting please so indicate and your name will be added to the registration form. The luncheon speaker will be Commissioner Len Levine of the Department of Transportation. REVISED PENDING ASBEBBMENT/PROTECT 543R Enclosed on page -,23$for your reference is a copy of a revised pending assessment letter that was distributed to property owners of the Sibley Hills Drive/Skyline Road - street and utility improvements. UNISYS CORPORATION CONTRIBUTION HOUSEHOLD HAZARDOUS WASTE COLLECTION Enclosed on page o231� is a memo prepared by Assistant to the City Administrator Hohenstein regarding a suggestion that the City recognize the contribution of Roger Martin in Unisys for their contribution on October 7 to the Household Hazardous Waste Collection. The City Administrator would like some direction regarding this item. PERSONNEL COMMITTEE MEETING The Personnel Committee, its Chairs, City Councilmember McCrea and City Councilmember Gustafson, have scheduled to meet on Wednesday, October 25 for the purpose of discussing the following items: Use of Sick Leave for Wellness Activities policy, Sick Leave Accrual policy, AIDS and AIDS Related Conditions in the Workplace policy and, finally, Drug/Alcohol Free Workplace policy. An agenda packet has been sent out to each member. If any other member of the City Council would like a copy of the information please feel free to contact this office at any time. /s/ Thomas L. Hedges City Administrator aZ)D FIRST AMENDMENT TO THE SENECA PLANT DEVELOPMENT CONTRACT WHEREAS, on the 19th day of September, 1989,.the CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter called the City), and the METROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant to M.S.A. Section 47.3.503,, (hereinafter referred to as Owner), did enter into a Development Contract with respect to the approval of a plat and subdivision known as SENECA PLANT located within the City; and WHEREAS, the City Council required further conditions to be attached to the approval of the subdivision, which conditions are enumerated herein; and WHEREAS,, the parties hereto are desirous of amending the Development Contract and to set forth in writing the terms and conditions being agreed to herein. NOW, THEREFORE, in consideration of the foregoing facts, together with other good and valuable consideration, the parties hereby agree as follows.; 1. The Owner shall enter into an Escrow Agreement with the City to assure the City that the costs incurred by the City in ,performing certain reviews of the development of the project, which reviews are listed in and defined within the Escrow Agreement, shall be paid in full by the MWCC in accordance with the terms of the escrow agreement. 2. Owner shall make a written offer, which offer shall remain open for 30 days, to each of the homeowners listed in Exhibit A to hook the homeowners property up to the City of Eagan water supply systema Upon the timely written response to the offer by any homeowner who is listed on Exhibit A to this Agreement, the Owner shall within 30 days of the response subject to issuance of appropriate permits, connect the homeowner's property to the City of Eagan water supply system at no cost or expense to the homeowner. In addition, within 30 days of the homeowner's response to hook up to the City water supply, the Owner shall pay to the homeowner the sum of $/Oo o.00 for closure of the homeowners well which is the estimated cost of well closure. All the other terms and conditions of the Development Contract of September 19, 1989, shall remain in full force and effect. (The rest of this page remains deliberately blank) -2- a�� IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF EAGAN METROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant to M.S.A. Section 473.503 By Victor L. Ellison By Gordon 0. Voss Its Mayor Its Chief Administrator By E. J. VanOver,bekeLu ine Baker -Kent Its City Clerk ts, C it APPROVED AS TO FORM: City Attorney's Office 0 APPROVED AS TO CONTENT: DIRECTOR OF COM14UNITY DEVELOPMENT Date -3- a, APPROVED AS TO FORM: ,,MWCC Associate'Geteral Counsel Date STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of 1989, before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of .said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF� On this iday of 1989, before me a Notary Public within and for said County, personally appeared GORDON 0. VOSS and LURLINE BAKER -KENT, to me personally known, who being each by me duly sworn, each did say that they are respectively the Chief Administrator and Chair of the Commission named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said Commission, and that said instrument was signed and sealed on behalf of said Commission by authority of its Board of Commissioners and said Chief Administrator and Chair and acknowledged said instrument to be the free act and deed of the Commission. Notary Pu r v J THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. _ JE ANNE1ClACUgAyRgpy� A AM7300 West 147th Street MY P. 0. Box 24329'�"pf�a� Apple Valley, MN 55124 (612)432-3136 ELIZABE TH BASSETT 2101 Wuthering Heights Road Eagan, MN 55122 LESTER 6 OLIVE SPENCER 3786 Nichols Road Eagan, MN 55122 w. E. 6 JEWELL WHITE 2131 Silver Bell Road =ac=n, MN 55122 -- -. C-NSCN 2115 Silver Bell Road Eagan, !,N 55122 FLOYD & HAZEL DICKENS 2141 Silver Bell Road Eagan, MN 53122 MARY RAMNARINE 3785 Nichols Road Eagan, MN 55122 EXHIBIT A 1•r ity of aagan 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454.8100 FAX (612) 454-8363 October 10, 1989 RE: PROJECT 543R (SIBLEY AND UTILITIES) HILLS DRIVE/SKYLINE ROAD -STREETS REVISED PENDING ASSESSMENT Dear Property Owner: VAC ELLISON titer THOMAS EGAN DAVID K. GUSTAFSON PAMELA MCCREA THEODORE WACHTER Ca d m mw'r THOMAS HEDGES CKy AtlmnnTaloi EUGENE VAN OVERBEKE CRy CkM1 After numerous public hearings regarding improvements associated with the above -referenced project, on January 17, 1989, the City Council formally approved this project and authorized the preparation of detailed plans and specifications. As a part of that feasibility report, a pending assessment roll was prepared identifying individual property owners estimated financial obligations associated with various improvements installed under this project. Subsequent to that action, the City proceeded with the preparation of detailed plans and specifications. These plans were presented to the City Council on August 15, 1989, and an advertisement for a formal solicitation of bids proceeded with a bid opening held on September 15, 1989. During this process, the City continued to work with the Minnesota Department of Transportation (Mn/DOT) to secure cost participation for the reconstruction of the Sibley Hills Drive Frontage Road and the proper bypass and turn lanes at its intersection with Trunk Highway 13. Also, on June 6, 1989, the City Council revised and amended the assessable area to delete certain properties abutting Lone Oak Road after legal determination that they were outside of the area of special benefit from this project. As a result of receiving formal bids, Mn/DOT participation and revising the assessable limits, a revised pending assessment roll has been prepared and is being forwarded to your attention providing you with our most accurate up to date estimate as to what the final costs would be under this project. Correspondingly, your pending assessments have been adjusted to reflect the amount contained in the enclosed revised pending assessment roll. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/AffkUr ati a Action Employer Page Two October 10, 1989 Please be reminded that this is our best "estimate" and the final assessment obligations will be, based on final costs incurred. The City has not yet procured all necessary easements for the completion of the street and utility improvements associated with Skyline Road. Any costs associated with their acquisition will be included and will increase the proposed estimate proportionately. It is anticipated that construction of the Sibley Hills Drive portion will begin immediately with completion scheduled yet this Fall. The construction work associated with the Skyline Road portion will not begin until the Spring of 1990. Your patience, cooperation and understanding during the forthcoming construction activity will be greatly appreciated by all of us who are 'involved. Please feel free to contact the following personnel for any anticipated questions and/or concerns: Bob Frigaard Consulting Engineer/ 378-6382 Project Manager Dick Keeling Project Inspector 378-6382 Mike Foertsch Assistant City Engineer 454-8100 Please let us know if there is anything else we can do to assist you during this forthcoming period of construction. Sincerely yours, T omas A olbert, P.E. Director of Public Works cc': Thomas L. Hedges, City Administrator Mike Foertsch, Assistant City Engineer Bob Frigaard, Consulting Engineer/Project Manager Deanna Kivi, Special Assessment Clerk TAC/j,f d3 PAMJ IAL 9AE1E M/� INE IN SIn.Si.T77.Ml Usm LOLLS. lop 1-15 7rtl4ILITT WRITM Ido MTIL 1011, UTMW 191mMI101 msmIAr 400941" 0.00 0.00 12.100.73 10.07.62 a14ILIt9 ".mT s10 SLUE 2.62.91 107_11 « A015fi1TT of"OI 477 STREET 1, STREET i 10.L71 TOM Tww - STRET i VMU 4 Sim SWI r3low 51011 Ate_ 4119E 4SWSWiE su M010 -sm 2061 714494 ASM ALE PSOSSWE . 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FATE. ti Ff. 84440 204.08 12.90.27 10.®.62 0.00 0 0 0.00 LOO 7rtl4ILITT WRITM Ido MTIL 1011, UTMW 191mMI101 msmIAr 400941" 0.00 0.00 12.100.73 10.07.62 131-00 IIDr 11 T.LI 170.001120 11 T.LI 100.00 4UD1S 0.9.10 TAI O4 -0D 067-00 067-01 40-75 070-7!6 026-15. 011-00 (FML TD0! ....................... 1.135 50/4.34.777.® 1441,11 SLUE 2.62.91 107_11 771.011 10.600.10 12.21L79 40.7® 10.L71 =394,32 6001 :2.47.32 2.791,4► 029-M& 10.101 "1,39 76L4► 0.00 901,110 146 7.149.00 4.7363 0.00 0.00 6.4L49 S."O." 18.07.^3 011'7011®10911 2x.60 14.449.0 12.100..8 0.00 12.8774.12 mo '-.228.20 17.001.97 0.00 1.078.24 49.360.04 41.910.41. 7.20.07 pw a& 011 Im If 71.710 1.751,0 11.01.7E 0.00 1.551,44 0 0.00 0.00 0.00 0.00 7.217.9. 7.071.70' 1777 2 1.7.749 1.75160 . 1.A7L8 0.00 I.Si.4 0. 0.00 0.0- 0.00 0.00 Mr." 1071.71' 1077 27.3® 1.742.95 1.461673 0.00 I.W.40 0 0.00 0.00 0.00 Lao 7.787.0 7.011.0 IDf 4 20.1'0 1.200.8 1.3146" Loo 1.397.12 0 LaO Lo. 0.00 0.00 7.799.47 i114.0&- 1& 5 4000 2.3D.® 2.ID.71- LM 2.24400 0 0.00 O.a LOD 0.00 4.7].05 4.207.35 101 IOL 024 1,01313 14LQ/ LRLN 7.671,71, 0.00 7.111,551 0 0.00 0.p 0.00 0.00 16.141.0 M13+9 Lay 6 1164w 72.90 2.127.77 1.707.0► 0.00 1.401.54 Iff 7.71L" 0.00 0.00 11.727.90 '91102 Vv Ulf 6 IEID7 O 17.716 9471 21,.11 aIc 749.2 110 4.00.44 1441,1'1 1.097.91 1.72.30 3.771.41 9.116$ �� 977.s4.Tn.lm1 011-77 MISTI 1418 /.IOLrz' 7.7]7.67 4.719.77. 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TWFtE 0W 62.100 196MG 7. 169. 0.00 1311.21 710 1197404 IwAL7I 0.W Lao L.M9.44 I&aaLw IDr 16. 1B4®t am ILILI 177.000 7.701.97 &.40.03 LOD 6 MAS 0 0.00 L0: Lao 0.00 14.341.97 1610E IDr If 07.790 7.292.7► LW.: 0.00 6.44.90 235 14.159.74 II.712./i 9.79.07&.7"M 41rn.39 77.x7.0' 10- Dr U ].1 77 1929.02 3.3" 0.00 1.01.63 279.3 9.l11.o7 Lom6f 6.210.44 4.55L4 9.751.8 ZMTP.7► 120 7 171.39 06711911 6.717-n 0.00 7.37.19 100.4 1.621663 6.6,a1t ui1 77 7.491.4 9.OIL25 7LML211 Im7 Is 2•SM0 7.7R4f 0.0 2.90.00 110 3.94,78 GAMI7' 7.107.02 2. .76 11.121.72 14.7821 131-00 IIDr 11 T.LI 170.001120 11 T.LI 100.00 4UD1S 0.9.10 TAI O4 -0D 067-00 067-01 40-75 070-7!6 026-15. 011-00 (FML TD0! ....................... 1.135 7.612.91 1441,11 SLUE 2.62.91 107_11 771.011 10.600.10 12.21L79 40.7® 10.L71 =394,32 6001 :2.47.32 2.791,4► 21,91 7.035.14 1.779.8 1.60.75 0.01 LA 213.150 19.914.9 16.70.41 2190.416 4187.OIL90 437.44&0 0.01 :425!..6 0 0.00 1.24% 7E4 0.00 12.970.20 lM. 71 1.472.59 2.771.49 162.4 I.23-47 2.370.00 ISD 901:7'- 1.41.12 IA2.4 1.60.75 7.0".29 0 9.31107 17.60.14 900 129.612.07 437.41.: 5.772.01 0.00 0.W 800 LOO 6.49.0 6.247.0 14.14.74 Il.11174L 9.28@ 6.771.97 77.107.10 71.4190 21.374.07 ILAIL19 14.301.4 10.447.94 74.157.91 61674.J 7.900.19 %am21 7.910.01 2.954." 10.0P. 16 17.010 76 7.114,78 4.60.17 7.47.02 2.677.746 18.07.^3 1161ILM 7.900.19 %08.20 1910.01 2.054.99 17.600.17 15.20.29 0.00 0.0 0.00 0.00 1.697.95 4.497.95 7.20.07 74.761,0 19.W.44 11.011670 109.7°3.4 /1.48.2 1107.10610 1157.410.0 1102.997.33 41.301.14 /25.54.49 40f.7a.29 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DATE: OCTOBER 12, 1989 SUBJECT: UNISYS CORPORATE CONTRIBUTION TO HOUSEHOLD HAZARDOUS WASTE COLLECTION Household hazardous waste collection held on Saturday, October 7, 1989 was extremely successful. In large part, this is a consequence of the contribution of the Unisys Corporation and its representative, Roger Martin. Unisys donated a site for the collection and contributed a substantial amount of staff time to the management and operation of the collection and accepted a significant quantity of household hazardous wastes to be disposed of at their cost with their own -industrial wastes. While Unisys is very modest about the magnitude of these costs, it is evident that we could not have run a collection of that scale as well without their help. As a consequence, I believe it would be appropriate for the City to recognize the contributions of both Mr. Martin and Unisys through some appropriate medium. We have not budgeted for a plaque or certificate but, if we could find the funds, I believe such recognition would be very much appreciated. Please share this request with the City Council for its direction to staff. If you have any questions about this request, please let me know. J As tFstantto the City Administrator JH/vmd 'Z; r /� 1 AK AVE AVE ff-k`Mi 1"If'-L111UJ1_' 1 ��'1\r��,�m r.. �l � I�r- I�V i10 �t 6/\h CA, Plyrrr:.fl. C� r)ofl (\( Ofl .�Y\ IL%l l�- � �J h Yt\�; J11 Ccsr\ck.f ((Jt ff -\1 fn urt Lr-,IIVt IL 1 �z1.,1 6 n1L Lilo >v\hc-Gn� o:c,c"ib4s PJJ�ILc" TK(_ksbn Colllo.}c r'f'vJ P'V.,svw.��-r\C_ Pituo�Czt, C>Q.I(-�l Y\tI( ,vp.SU,ArI uaolk. Ing Ic.l101 �n2c�t([fhi� F2orYv" wh,��crl (.JuucQ i ('h�sc�znd�°��clF.la�^� Lc,�l Of�(Ni3 (-KIVARk i%. .�ti,�l I (,I I ,,r„'F;i..l��i'.`11 �.I�.C����,F: f,�� y. r;,)E �\hVF [� hi�.� ✓7 i`1 x,14 ci 2- I v c, m f SDI . Z;. -D C'f\ "THE MORNING AFTER" October 17, 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 October 17, 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 owk1. A resolution to issue General Obligation Improvement Bonds, Series 1989A in the amount of $9,325,000 in order to finance certain public improvement projects was approved. 2. Authorization of General Obligation Equipment Certificates, Series 1989B in the amount of $290,000 was approved. 3. The petition for traffic signals at Cliff Road and Beacon Hill Road was received and staff was authorized to prepare the appropriate traffic studies. CONSENT AGENDA Aftv 4. The City Administrator authorized the hire of Gary Vierow as a seasonal park maintenance worker for the current season. 5. November 14 was proclaimed Volunteer Appreciation Day. •�•�+ 6. Plumbers licenses were approved for the following: Wayne Dauwalter Plumbing, Cliff Fadden and Sons, Hillcrest Plumbing, Lamb Mechanical, Palma Plumbing and Heating and L. M. Vesey Plumbing Company. 7. The amusement devise application for Grand Slam located at 3984 Sibley Memorial Highway was approved. 8. The readvertising of Unit #114, 1980 Ford F350 was approved. 9. Improvement Contract 89-17 (Northview ParkingLotConstruction) was awarded to Alexander Construction in the amount of $220,951.65. 10. Improvement Contract 89-23 (Bituminous Trails) was awarded to Barber Construction in the amount of $87,989. 11. Bids were received for 1990 snow removal services and the contract was awarded to J & D Enterprises. 12. The final assessment hearing for Project 443 (O'Neil -Trunk Storm Sewer) for parcels 10-01000-010-77 was rescheduled for November 21. 13. The bids for Contract 89-24 (Stratford Oaks -Storm & Sanitary Sewer) were received and the award continued to the November 9 City Council meeting to allow for consideration of the Stratford Oaks final plat. 14. The bids were received for Contract 89-25 (Rusten Road -Streets & Utilities) and the contract was rejected. 15. The traffic signal cost participation agreement for Project 580 (Blackhawk Road & Diffley-Signals) was approved. 16. The petition to consider the vacation of ponding and utility easement document 756659 within the Lexington Parkview Addition was received and a public hearing was scheduled for November 21. 17. Change Order #1 to Contract 88-30 (South Oaks -Storm Sewer) was approved. 18. The improvements under Contract 86 -NN (Chatterton Ponds -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 19. The improvements under Contract 87 -KK (Chapel Hill Baptist Church -Storm Sewer and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 20. The improvements under Contract 87 -RR (Philadelphia Carpet -Water Main and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions was accepted. ,dL.GL 21. The improvements under Contract 87-H (Lone Oak Drive -Streets) for perpetual City maintenance subject to appropriate warranty provisions was accepted. mm 22. The improvements under Contract 88-Z (Hosford 1st Addition -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 23. Approval was given to the 8th and final payment for Contract 87-26 (Wescott Road -Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. 24. The final plat for Stratford Oaks was continued. to the November 9 City Council meeting. 25. The final plat for Hills of Stonebridge was approved. 26. The final plat for Remick Addition was approved. 27. The final plat for Town Centre 100 Fifth Addition (Waterford Apartments) was continued to the November 9 City Council meeting. 28. The final plat for Eagan Evangelical Church was continued to the November 9 City Council meeting. PUBLIC HEARINGS 29. The public hearing was closed and the final assessment roll for Project 536 (South Oaks Addition -Streets & Utilities) was adopted. 30. The public hearing was closed and the final assessment roll for Project 514 (Duckwood Drive -Streets & Utilities) was adopted. NEW BUSINESS 39. A footing and foundation permit for Eagan Evangelical Covenant Church' located west of Lexington Road and east of Lexington Way was approved. 40. The ordinance amendment and resolution to establish connection and availability fees for sanitary sewer and water utilities as presented were adopted as presented. 41. Appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive/Blackhawk Drive intersection was approved and previously deferred assessments against the property were waived. 42. The liquor license renewals for 1990 were approved as presented. e 43. A special hunting season for the specific dates as defined in a request by Dan Friendshuh for the Pahl farm that is approximately 49.75 acres was approved. 44. The conditional use permit for Loomis Inc, to allow outdoor storage on Lot 5, Block 2, Halley's Addition was approved. 45. A waiver of plat for Theodore Waldor to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot was approved. 31. The public hearing was closed and the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition -Utilities) was adopted. 32. The public hearing was closed and the final assessment roll for Project 529 (Cliff Lake Center -Streets & Utilities) was adopted. 33. The public hearing for the vacation of public right-of-way (Lexington Way ♦� @ Lexington Ave) was continued to November 9. 34. The public hearing was closed and approval given to the vacation of a portion of public right-of-way for ChesMar Drive near Cliff Road. 35. The public hearing was closed and the final assessment roll for Project 545 (Clearview Addition -Streets) was adopted. OLD BUSINESS 36. An informational meeting was scheduled for October 26 to review a specific list of development issues for the Stafford Place agreement and to issue a notice of cure and place the project in default. 37. The Brittany 10th Addition default declaration was removed. 38. Final ratification of the Park & Trail Dedication Policy was continued to the November 9 City Council meeting. NEW BUSINESS 39. A footing and foundation permit for Eagan Evangelical Covenant Church' located west of Lexington Road and east of Lexington Way was approved. 40. The ordinance amendment and resolution to establish connection and availability fees for sanitary sewer and water utilities as presented were adopted as presented. 41. Appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive/Blackhawk Drive intersection was approved and previously deferred assessments against the property were waived. 42. The liquor license renewals for 1990 were approved as presented. e 43. A special hunting season for the specific dates as defined in a request by Dan Friendshuh for the Pahl farm that is approximately 49.75 acres was approved. 44. The conditional use permit for Loomis Inc, to allow outdoor storage on Lot 5, Block 2, Halley's Addition was approved. 45. A waiver of plat for Theodore Waldor to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot was approved. Adot 51 52 53 An amendment to Lexington South Planned Development requested by Tri -Land Partnership to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road was approved in concept. ADMINISTRATIVE AGENDA A request by Don Vimr to consider a deferment of the $12,000 proposed assessment for a buildable lot for 5 years or such time that the property is developed and, further, that he will be responsible for the proposed and pending assessment of $12,000 for his existing homestead was approved. The first amendment to the development agreement for the Seneca final plat was approved. The revised grading plan submitted by Fortune Realty, developer of Safari Estates 2nd Addition, was reviewed by the Council and approval was given to the plan. The Director of Parks and Recreation and City Administration were provided a favorable direction concerning a future school site at the intersection of Johnny Cake Ridge Road and Clemson Lane adjacent to City park land. A kennel license for twenty cats for Wayne and Karen Henneke at 3453 Rolling Hills Drive was presented and continued to the November 9 City Council meeting. An extension for the Stratford Oaks preliminary plat was approved for six (6) months. All bills were approved and ordered paid. r AGENDA REGULAR MEETING KAGAN CITY COUNCIL EAGAN. MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 17, 1989 6:30 P.M. I. 6:30 - ROLL CALL 6: PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FINANCE DEPARTMENT 1. Resolution to Issue General Obligation Improvement Bonds, Series 1989A P 2. Resolution to Issue General Obligation Equipment Certificates, Series 1989B IV. 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS RESOLUTION, Proclaiming November 14 as Eagan and Burnsville Public Access Volunteer Appreciation Day PLUMBERS LICENSES LICENSE APPLICATION, Amusement Devices for Grand Slam/3984 Sibley Memorial Highway RECEIVE BIDS/AWARD SALE, Unit #114, 1980 Ford F350 Pick -Up CONTRACT 89-17, Receive Bids/Award Contract (Northview Parking Lot Construction) CONTRACT 89-23, Receive Bids/Award Contract (Bituminous Trails) RECEIVE SIDS/AWARD CONTRACT, 1990 Snow Removal Services PROJECT 443, Reschedule Final Assessment Hearing (Robert O'Neil Storm Sewer) CONTRACT 89-24, Receive Bids/Award Contract (Stratford Oaks - Storm and Sanitary Sewer) CONTRACT 89-25, Receive Bids/Award Contract (Austen Rd -Streets 6 Utilities) AGREEMENT, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road and Diffley Road) VACATE Ponding and Utility Easement (Lexington Parkview Addition) CONTRACT 88-30, Approve Change Order #1 (South Oaks - Storm Sewer) CONTRACT 86 -NN, Final Acceptance (Chatterton Ponds - Streets and -Utilities) CONTRACT 87 -KK, Final Acceptance (Chapel Hill Baptist Church - Storm Sewer) CONTRACT 87 -RR, Final Acceptance (Philadelphia Carpet - Water Main and Storm Sewer) CONTRACT 87-H, Final Acceptance (Lone Oak Drive - Streets) CONTRACT 88-Z, Final Acceptance (Hosford 1st Addition -Streets and Utilities) CONTRACT 87-26, Approve Final Payment/Acceptance (Wescott Road - Surfacing) FINAL PLAT, Stratford Oaks FINAL PIAT, Hills of Stonebridge, Plat 2 FINAL PLAT, Remick Addition FINAL PLAT, Town Centre 100 Fifth Addition (Waterford Apartments) FINAL PIAT, Eagan Evangelical Church V. 7:00 - PUBLIC HEARINGS (SALMON) p 3� A. PROJECT 536, Final Assessment Hearing (South Oaks Add -Streets & Utilities) U IJ B. PROJECT 514, Final Assessment Hearing (Duckwood Dr -Streets and Utilities) . d7.4,yC. PROJECT 552, Final Assessment Hearing (Eagandale Industrial Park 3rd Addition - 'I'/ Utilities) y P 4D. PROJECT 529, Final Assessment Hearing (Cliff Lake Ctr-Streets & Utilities) e'46E. VACATE Public Right -of -Way (Lexington Way @ Lexington Ave.) To be Continued to the November 9, 1989 City Council Meeting ! F. VACATE Public Right -of -Way for Ches Mar Drive south of Cliff Road G. PROJECT 545, Final Assessment Hearing (Clearview Addition - Streets) pa VI. OLD BUSINESS (ORCHID) Pi A. REVIEW Default of Development Issues - Stafford Place �3'� B. DEFAULT Resolution for Brittany 10th.Addition �46C. AMENDMENT, City Code, Chapter 13, Adoption of Park & Trail Dedication Policy PcOD. DAKOTA COUNTY STATE BANK, Request to Waive Assessments on Property Located at the ` Southeast Quadrant of the Deerwood Dr and Blackhawk Dr Intersection PVII. NEW BUSINESS (TAN) tqoA. FOOTING/FOUNDATION PERMIT, Eagan Evangelical Covenant Church, West of Lexington Road, East of Lexington Way, in SW 1/4 of Section 23. B. ORDINANCE AMENDMENT To Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities C. LICENSE RENEWALS, 1990 Liquor License Renewals D. REQUEST, Special Hunting Season Permit, Dan Friendshuh, 8609 Lyndale Avenue South, Suite 200, Bloomington `-ICIE. CONDITIONAL USE PERMIT, Loomis Inc., to Allow Outdoor Storage on Lot 5, Block 2, �•�� Halley's Addition Located Along Biscayne Ave in SE 1/4 of Sec 36 F. WAIVER OF PLAT, Theodore Waldor, to Split Lot 3, Block 1, Sibley Terminal Industrial Park Located Along Terminal Drive in the E 1/2 of Section 8 (G. PLANNED DEVELOPMENT AMENDMENT; P Tri -Land Partnership, to the Lexington South Planned Development to Allow a Commercial Center with Recreational Uses Located at the SE Intersection of Diffley Rd and Lexington Ave in the NW 1/4 of Section 26. VIII. ADDITIONAL ITEMS (GOLD) IR. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO.BE HEARD (for those persons not on agenda) %I. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1989 SUBJECT: AGENDA INFORMATION FOR OCTOBER 17, 3.989 CITY COUNCIL MEETING After approval is given to the October 17, 1989 City Council agenda and to regular meeting minutes for the October 3, 1989 meeting, the following items are in order for consideration. eA�P�t� '�A13,�LTB:.SS A. FINANCE DEPARTMENT Item 1. Resolution to Issue General Obligation Improvement Bonds, Series 1989A --The Director of Finance and City Administrator are recommending the sale of $9,325,000 of General Obligation Improvement Bonds to finance 33 separate improvement projects for various public utility and street projects constructed during 1988/1989. Of the total 33 projects, 21 of the projects have already been assessed and the remaining 12 projects will be assessed in 1990. There is a call provision as early as February 1, 1996. The City is currently rated A-1 by Moody's and A+ by Standard and Poors and Springsted does not anticipate any change in the ratings at this time or need for the staff to make a presentation to either of the rating agencies. A public sale date is proposed for Tuesday, November 14 at 2:00 p.m. A special City Council meeting will be necessary for either 5:00 P.M., if there is no work session scheduled that evening, or 6:30 p.m. if a special City Council meeting is scheduled for a workshop session. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution to issue General Obligation Improvement Bonds, series 1989A in the amount of $9,325,000 to finance certain public improvement projects. Item 2. Resolution to Issue General Obligation Equipment Certificates, Series 1969B --As a part of the 1989 budget adoption and equipment revolving fund was established for the purchase of certain capital equipment during 1989 as authorized by the City Council. The Director of Finance and City Administrator are seeking authorization to provide for the issuance of the General Obligation Equipment Certificate in the amount of $290,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization of General Obligation Equipment Certificates, series 1989B in the amount of $290,000. NOTE: Enclosed without page number is a letter explaining the two (2) bond issues along with the attached number sheets for your review. The Director of Finance and City Administrator have reviewed these documents in detail with Springsted and find the information to be accurate on behalf of the City. Agenda Information Memo October 17, 1989, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Receive Petition Requesting Traffic Signal (C11fRoad'@ Beacon Hill Road) --Enclosed on pages ,3 through / _ is a petition received by staffrequesting the installation of traffic signals at the intersection of Cliff Road (County Road 32) with Beacon Hill Road/Thomas Center Drive. Enclosed on pagesL 1` is a letter of response from the Director of Public Works informing them of the appropriate staff action anticipated with Council's review of this petition at the October 17 meeting.. If any action beyond that identified in staff's response letter is desired,, it should be directed to staff as a part of consideration of this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To traffic signals at Cliff Road and Beacon staff to prepare the appropriate traffic with Dakota County. J receive the petit -ion for Hill Road and authorize studies in conjunction f Doer %r Ct� .✓ems:,, �o PF r J e inn/ f+e/ ewe c ej(-a1 G� �r o _S 74 074 C/,q,foa Gin Vie. c/oli„fy W;// � f�f°2re✓,74e� w; X11,-�f�E At �i(� �G�1r� o� 5/T•( �,•��,-f'lio�flb' /'�;`e�inl:T . C�/./i/ T/' •Ci eP 1 �v" /�� /�^ f �E C�[l'.w n/ y — 1:.- r 7� /'7Lfa y r��/t� ryf 1✓)e'7Lar 4V ��•S % / ��/P f� 9e 7' Co ope x /p rC- /-n4j Gr L70 ///� Q C04r ac// anC•/ VL WC:1.)d Alk /1 ��"(en7 e✓ of f�E OGi�tJ�le.^ /%=� Imee74"in4., 17 yCGI /a,/(' cj/PGc W,�� undr"tf.,a /.12 Ser,owrnetS I T �E /'/li•7�i Cc/. Traffic Lights for Cliff Road and Beacon Hill Road Intersection. Please.understand the seriousness of the people that have signed and organized this petition. There are some very busy people that have taken time to organize this because they feel that a serious safety problem exists at this intersection. Those that went from door to door to get signatures found many people grabbing the clipboard from their hands and telling them that they did not need an introduction to this problem. Although people were generally pleased to have the new shopping center put in at the intersection, they were angered and puzzled that traffic lights were not included.. Although the petition focused on people in the Beacon Hill neighborhood, many children from the Brittany area( just south of Beacon Hill) are also crossing Cliff Road at this 'intersection. Points to consider: 1. Not one resident refused to sign this petition. There is complete unity on the need. The only addresses missing are ones where people were found not to be home. 2. 165 signatures from Beacon Hill area.Read the heading on the petition sheets and you will note that it is not mildly worded. These are ,serious people. 3. Every business located in the Thomas Lake Shopping Center signed and fully supports this need. Many already have their own "tales of horror" concerning close calls seen at this intersection. A separate petition contains these signatures. 4. Neighborhood children are crossing Cliff Road to use the center stores. It's only a matter of time before there is a tragedy. Common sense and children's nature tells us that kids will not hike down to another stoplight to cross. They will cross where the access is quickest, which is this intersection. While traffic lights do not assure safety, common sense also tells us that children, while using proper caution, can cross much safer with the presence of them. 5. Trying to cross or enter Cliff Road during the rush periods of the day is indeed an experience for a Kamikaze driver. People are waiting a prolonged period of time to find an opening in traffic and still taking risks unacceptable. 6. Awareness that you can't have the best of both worlds. Nobody likes too many stoplights. But if a shopping area is put in across from a neighborhood area, it is needed if the road is a busy one. With all the new shopping centers and access to both 35E and Cedar Freeway, Cliff Road has become the main artery in Eagan. The reopening of Diffley Road will not create a significant change in traffic. That is a fact. 7. This intersection is wired for lights. The taxpayers and businesses feel strongly about the need for them, so let's do it. We are not interested in traffic studies. 4 We, the undersigned business establishments of Thomas Lake Shopping Center, strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road -Thomas Lake Center Drive. We believe this is a safety issue for pedestrians and vehicular traffic. Many young children are crossing Cliff Road from the Beacon Hill area to reach our stores. Lljz�`61, /s-75 7 /-I I/ i A L Lcu.� -e 7k 4( AV S C1167e k� We, t',e undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only vary dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road.will have significant impact changing this. With all the new shopping arEas on Cliff Road, it has become the main artery in Eagan. Name Address DMI 7.'y. y � U 7W".rA__ 7. 21 4.4 1� ra S%t (. v E GtW 5_17 Z Z R? acen Iii �I c + f�ia[�r�iV' V�vV• SS �� / No),W?41 I l KAX _ �� Zti S✓`l�.I- fz7-- r p S s'ia a. rn PN 5-51Z2_ ss� Li N 7Qe, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at- .z. intersection of Cliff Road and Beacon Hill Road :"bo ae Lake Center Drive. This intersection is not only :er dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous _or cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have siJnificant impact changing this. With all the new shcpping areas on Cliff Road, it has become the main artery in Eagan. Address // _. �� >� �,.�. Com• _ _ �/3 .��:�.�,� . 17 An q SCA j — ` &C3 H_ ��.s_._. /CTo_,, � ----- � Ste; �, La �� : � rlr�• �`�r^ We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areae on Cliff Road, it has become the main artery in Eagan. Name Address I We, the undersigned residents of the Beacon Hill area (Eagan)., strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars. attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas cn Cliff Road, it has become the main artery in Eagan. Name Address .a-_ IV, :;e 1-LLL_w) t, "i7 iL( Qjl ).&L, (f r:` I We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new stopping areas on Cliff Road, it has become the main artery in pagan. cD We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights z+, the intersection of Cliff Road and Beacon Hill Road- Thomas, Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in Eagan. Name Address 3. 24. 25. We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of -Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. This intersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely.dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diff -ley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in. Eagan. Name Address F 16. 5. M We, the undersigned residents of the Beacon Hill area (Eagan), strongly agree with the need for traffic lights at the intersection of Cliff Road and Beacon Hill Road - Thomas Lake Center Drive. Thisiintersection is not only very dangerous for pedestrians crossing Cliff Road to use the shopping center, but has also become extremely dangerous for cars attempting to cross or turn at this intersection. We do not believe the reopening of Diffley Road will have significant impact changing this. With all the new shopping areas on Cliff Road, it has become the main artery in Eagan•. Name Address 7 19. 20. 29 �3 of 3830 PILOT KNOB'ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 454-8100 FAX: (612) 454-8363 October 12, 1989 VIC ELLISON Mgoi THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Cd lMBTO¢rs THOMAS HEDGES C�yAtlmUti WM1 EUGENE VAN OVERBEKE Cuy Cwk MR MATT JACOBSON 4785 BEACON HILL RD EAGAN MN 55122 Re: Petition For Traffic signals, Cliff Road & Beacon Hill Road Dear Mr. Jacobson: On October 10, the petition submitted to Ms. Judy Jenkins was forwarded to my attention for review and comment. As you had requested, this petition will be forwarded to the City Council as a part of their October 17 Council agenda. It is anticipated that the City Council will not be able to take immediate action to this request without having sufficient research performed by staff to evaluate the -following factors: 1. Current and potential hazards at this intersection. 2. Historical accident analysis. 3. Cost estimates and alternative methods of funding. 4. County position due to its jurisdictional authority. While I realize that you may not be interested in traffic studies,, they are necessary to ensure that the limited tax dollars available are allocated to those projects that provide the greatest benefit to the community as „a whole. Subsequently,, long-range capital improvement programs are formulated based on identifiable needs and their prioritized urgency, both of which result from detailed technical studies. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirm a)ive Action Employer Page 2 Please be assured that the City Council and staff recognize the concerns expressed by you and your neighbors. S would like to assure you that the City will evaluate this intersection and provide you with the results of those studies. Based on the fact that there are so many people involved with this petition that precludes our ability to inform each of them individually, this letter and future information will be forwarded to your attention for distribution to your concerned neighbors. T appreciate the concern that you have expressed regarding this problem. Sincely, /fInlu Kl Lc Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc': Pete Sorenson, Dakota County Traffic Engineer Arnie Erhart, Superintendent of Streets Mike Foertsch, Assistant. City Engineer Agenda Information Memo October 17, 1989 City Council Meeting There are twenty-five (25) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Park Maintenance Worker --This item is informational and no action is required on the Council's part. Seasonal park maintenance workers have been resigning in order to return to their various schools. In order to fill vacancies in a timely manner, the City Administrator has authorized the hire of Gary Vierow, as a seasonal park maintenance worker for the current season. No action is required on this item. l�q Agenda Information Memo October 17, 1989 City Council Meeting RESOLUTION/EAGAN'AND--BURNSVILLE ACCESS VOLUNTEER APPRECIATION DAY B. Resolution, Proclaiming November, 14 as Eagan and Burnsville Public Access Volunteer Appreciation Day--The.Cable Commission is planning the third annual local access volunteer appreciation day to be held on Tuesday, November 14,, 1989 fr= 6:30 to 9?:00 p:,m. at. the Cable 'TV North Central local access facility at 4155 Sibley Memorial,Highway in Eagan. Representatives.of both city councils are invited to attend and participate. The event itself will be sponsored jointly by the cable company and the Burnsville/Eagan Cable Communications Commission. The Commission requests that the City officially proclaim November 14 as Local Access Volunteer Appreciation Day. A resolution reflecting this action to be prepared by staff will be included in the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim November 14 as volunteer appreciation day.. lI Agenda Information Memo October 17, 1989 City Council Meeting PLUMBERS LICENSES C. Plumbers Licenses --The following are plumbers licenses which have been reviewed and meet all regulations of the City Code and are submitted for approval. 1. Wayne Dauwalter Plumbing 2. Cliff Fadden and Sons 3. Hillcrest Plumbing 4. Lamb Mechanical 5. Palma Plumbing and Heating 6. L.M. Vesey Plumbing Company ACTION TO BE CONSIDERED ON THIS ITEM: To approve the six (6) plumbers licenses as presented. AMUSEMENT DEVICES/GRAND SLAM D. License Application for Amusement Devices for Grand Slam --The City has received an application for in excess of 15 amusement device machines for Grand Slam located 3984 Sibley Memorial Highway. The business is described as a mini -golf amusement center. The Police Department has signed off on the amusement device application request. The amusement device company is Theisen Vending Company located at 3800 Nicollet Avenue, Minneapolis. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amusement device application for Grand Slam. NOTE: It was anticipated that an application for amusement devices for Pockets Billiards would also be included with the City Council agenda. Apparently, their application fee has been paid to the City but the application processing was not in order for this agenda and will be placed on the November 9 City Council agenda. BID AWARD/SALE OF UNIT #114 E. Receive Bids/Award Sale, Unit #114, 1980 Ford F350 --The Unit #114, a 1980 Ford F350, 351 V8, automatic transmission, fiber glass utility box with 78,000 miles has been declared as surplus property and a public notice was published requesting sealed bids on the sale of this equipment. The bid opening was at 2:00 p.m., October 11 and only one bid was received. The bid was considered too low and was rejected. The vehicle will be readvertised and rebid. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the readvertising of Unit #114, 1980 Ford F350. is Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT 89-17 F. Contract 89-17, Receive Bids/Award Contract --Sealed bids will be opened on Monday, October 16 for the installation of parking lots and bituminous trails at Northview Park. Because of the timing of the bid opening and the Council meeting of October 17, the actual bidders and the amount of the bids will be presented with the Administrative packet. ACTION TO BE CONSIDERED ON THIS ITEM: To award improvement contract 89-17 to the lowest acceptable bidder. CONTRACT 69-23 G. Contract 89-23, Receive Bids/Award Contract --Sealed bids will also be opened on October 16 for the installation of bituminous trails. For the same reason as the previous item, the bids will be submitted to the City Council as a part of the Administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To award improvement contract 89-23 to the lowest responsible bidder as presented. l� Agenda Information Memo October 17, 1989, City Council Meeting BIDS/AWARD CONTRACT/1990 SNOW REMOVAL SERVICES H. Receive Bids/Award Contract (1990 Snow Removal Services --At 2:00 p.m., on October 12, 1989, formal quotations were received for the contractual snow removal services for the 1989-90 snow removal season. Enclosed on pages * through * is a report from the Superintendent of Streets/Equipment evaluating the bids received and providing a recommendation for Council's consideration. Further review will be performed to ensure compliance with the City's bid specifications and any changes or additional concerns will be specifically addressed on October 17. Otherwise, it is recommended that the Council receive these bids and award the contract to the lowest responsible bidder. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the bids for 1990 Snow Removal Services and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. *Note: The above-mentioned report will be included with the Additional Information Packet on Monday. c) Agenda Information Memo October 17, 1989, City Council Meeting RESCHEDULE FINAL ASSMT HEARING/ROBERT O'NEIL - TRUNK STORM SEWER I. Project 443, Reschedule Final Assessment Hearing (Robert O'Neil --Trunk Storm sewer) --On September 15, 1987, the final assessment hearing for Project 443 was held. At that time, the City received a written objection from Robert & Grace O'Neil pertaining to the trunk area assessments. Based on the then current litigation pertaining to the rezoning of the property and the condemnation of the ponds under this project, Parcel 10-01000-010-77 owned by the O'Neil's was deleted from the final adopted assessment roll until the litigation could determine the proper zoning assessment category. With the zoning and the condemnation issues being resolved, it is now appropriate to proceed with rescheduling the final assessment hearing for this project as it pertains to this parcel. While it is anticipated that the property owners will continue with their objection, the Council must formally adopt the assessment before they can file their court appeal. This property owner has formally appealed the special assessments associated with the upgrading of Yankee Doodle Road under Project 461. It would be desirable and economical to address both assessment appeals under one combined action. ACTION TO BE CONSIDERED ON THIS ITEM: To reschedule the final assessment hearing for Project 443 (O'Neil - Trunk Storm Sewer) for Parcels 10-01000-010-77 for November 21, 1989. RECEIVE BIDS/AWARD CONTRACT/STRATFORD OARS J. Contract 89-24, Receive Bids/Award Contract (Stratford Oaks - Storm & Sanitary Sewer) --On October 16, 1989, at 10:30 a.m., formal bids were received for the above -referenced contract. Enclosed on page * is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on September 6, 1988. All bids will be reviewed for their accuracy and compliance with bid specification requirements and any deviations will be presented at the Council meeting on October 17. Assuming there are no problems associated with these bids, it would be in order for the Council to consider contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89-24 (Stratford Oaks - Storm & Sanitary Sewer) and award the contract to the lowest responsible bidder. * The tabulation of bids received will be included with the Additional Information Packet on Monday. Agenda Information Memo October 17, 1989, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (RUSTEN ROAD) R. Contract 89-25, Receive Bids/Award Contract (Ruston Road - Streets i Utilities) --At October 16, 1989, at 11:00 a.m., formal bids were received for the installation of streets and utilities under the above -referenced contract. Enclosed on page * is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on September 5, 1989. All right-of-way and easements necessary for this project will be dedicated as a part of final plat approval for the Thomas G. Slater Addition, which is scheduled for approval on this agenda. All bids will be reviewed for accuracy and compliance with the bid specification documents and any deviations will be addressed at the Council meeting on October 17. 1989. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 89-25 (Rusten Road - Streets & Utilities) and award the contract to the lowest responsible bidder. * The tabulation of bids received will be included with the Additional Information Packet on Monday. E Agenda Information Memo October 17, 1989, City Council Meeting APPROVE TRAFFIC SIGNAL COST PARTICIPATION AGMT BLACRHAWR ROAD & DIFFLEY ROAD L. Project 580, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road & Diffly Road) --As a part of Dakota County's ongoing Capital Improvement Program, it is proposed to install traffic signals at the intersection of Blackhawk Road with Diffley Road (County Road 30). An evaluation of unsignaled intersections throughout this City indicates that this is the highest priority with 12 accidents being recorded in the last three years, 8 of which have involved personal injuries. In accordance with past policy, signals installed at County/City intersections are financed through a 50/50 cost participation between the two agencies. Dakota County has prepared the appropriate Cost Participation Agreement which is being presented to the Council for formal ratification. This agreement has been reviewed by the Director of Public Works and City Attorney and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the traffic signal Cost Participation Agreement for Project 580 (Blackhawk Road & Diffley - Signals) and authorize the Mayor and City Clerk to execute all related documents. a3 Agenda Information Memo October 17, 1969, City Council Meeting VACATION/LEXINGTON PARKVIEW ADDN M. Vacate Ponding & Utility Easement (Lexington Parkview Addition) --Prior to the platting of the Lexington Parkview Addition, a ponding and utility easement was dedicated to the City of Eagan by a legal Metes and Bounds description based on the natural topography in the area. With the subsequent development, grading and platting of the Lexington Parkview Addition, this ponding easement limit was redefined and reconveyed as a part of the recorded final plat. However, the underlying original larger ponding and utility easement was never vacated. In order to correct this apparent overlap, it would be appropriate to schedule a public hearing and vacate the original underlying ponding and utility easement described as Document 756659 at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and schedule a public hearing to be held on November 21, 1989, to consider the vacation of ponding and utility easement Document 756659 within the Lexington Parkview Addition. a� Agenda Information Memo October 17, 1969 City Council Meeting APPROVE CHANGE ORDER #1 -SOUTH OARS CONTRACT 88-30 N. Contract 88-30, Approve Change Order #1 (South Oaks -Storm Sever) --Near the end of the construction of streets and utilities for the South Oaks Addition, the staff received complaints from several property owners pertaining to the ongoing erosion near the storm sewer outfall on the south side of Hay Lake within the South Oaks Addition. Subsequently, it was determined that it would be appropriate to have the storm sewer outfall line extended to the lake elevation to minimize future erosion and to have this cost included as a part of the final assessment obligation of Project No. 536 which is scheduled for public hearing later on in the agenda. This additional storm sewer work should have originally been performed when the storm sewer was installed in the late 70's. The cost of this Change Order is $5,225.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-30 (South Oaks -Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT #86 - FINAL ACCEPTANCE-CHATTERTON PONDS O. Contract #86 -NN, Final Acceptance - Chatterton Ponds -Streets and Utilities --The improvements installed privately -under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 86 -NN (Chatterton Ponds -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. ad Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT #87 -RK FINAL ACCEPTANCE -CHAPEL HILL BAPTIST CHURCH P., Contract #.87 -RK, ,Final Acceptance - (Chapel Hill Baptist Church -Storm Bever and Utilities) --The improvements installed privately under the above -referenced project have been completed; inspected by Public Works personnel and found to -be in order for final acceptance subject to appropriate warranty provisions.. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87 -KK (Chapel Hill Baptist Church) for perpetual City maintenance subject to appropriate warranty provisions,. CONTRACT #87 -RR F=NAL ACCEPTANCE -PHILADELPHIA CARPET Q. Contract #87 -RR, Final Acceptance -. (Philadelphia ,Carpet - Water Main and storm Sewer) --The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE•CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87 -RR (Philadelphia Carpet -Water Main and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions. W Agenda Information Memo October 17, 1989 City Council Meeting CONTRACT #87-H FINAL ACCEPTANCE -LONE OAR DRIVE R. Contract #87-H, Final Acceptance - (Lone Oak Drive - Streets)- -The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 87-H (Lone Oak Drive - Streets) for perpetual City maintenance subject to appropriate warranty provisions. CONTRACT #88-Z FINAL ACCEPTANCE-HOSFORD 1ST ADDITION S. Contract #88-2, Final Acceptance - (Hosford 1st Addition - Streets and Utilities) --The improvements installed privately under the above -referenced project have been completed, inspected by Public Works personnel and found to be in order for final acceptance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements under Contract 88-Z (Hosford 1st Addition -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. CONTRACT 87-26 APPROVE FINAL PAYMENVACCEPTANCE (WESCOTT ROAD -SURFACING) T. Contract 87-26, Approve Final Payment/Acceptance (Wescott Road -Surfacing) --The City has received a request for final payment from the above -referenced contractor along with a certification from our consultant of satisfactory construction and compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 8th and final payment for Contract 87-26 (Wescott Road - Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. and authorize the project's acceptance for perpetual maintenance. c) Agenda Information Memo October.17, 1989 City Council Meeting FINAL PLAVOTRATFORD OARS. U. Final Plat, Stratford Oaks --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 at the October 17, 1989 City Council meeting. 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 that 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 Ztratford Oaks. E it EXHIBIT "A" C.S.&H. NO. 30 _ -_ _ (OIFFLEY ROAD,.__ STRATFORD OAKS ------------------- I OVROTA I`i •• ���NE�.� •` TTa:IY __ STRATFORD OAKS ------------------- I OVROTA 2 r` l i rviJ ..nf.. �r v... .. •�.._ { • mOl!{ M•D �, alOYalYa O ON9aCa 1/a 1O1•]•••Cll q•A! avw,{aR Kl . YaYm YIaM IQY61p•1pY lao. law a ••. mawwee owl: M apex a4 V M aPaaalYT WIaAEP 6 M YDIIaNYIfT g1•Ralq p {!Rp ]a Y •{Y.eo ro YYI u•� u:r eOGI!{ man P {CQY' 00C 1[D m Yuau marl. VIQf[Y MAP ROSE ENGINEERING `•• J ••••• COMPRNY, INC. SHE[- OF SHEETS I`i •• ���NE�.� 2 r` l i rviJ ..nf.. �r v... .. •�.._ { • mOl!{ M•D �, alOYalYa O ON9aCa 1/a 1O1•]•••Cll q•A! avw,{aR Kl . YaYm YIaM IQY61p•1pY lao. law a ••. mawwee owl: M apex a4 V M aPaaalYT WIaAEP 6 M YDIIaNYIfT g1•Ralq p {!Rp ]a Y •{Y.eo ro YYI u•� u:r eOGI!{ man P {CQY' 00C 1[D m Yuau marl. VIQf[Y MAP ROSE ENGINEERING `•• J ••••• COMPRNY, INC. SHE[- OF SHEETS Agenda Information Memo October 17, 1989 City Council Meeting FINAL PLAWHILLS OF STONEBRIDGE V. Final Plat, Hills of Stonebridge, Plat 2 --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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page "3L 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 Hills of Stonebridge. NOW � Q , -T 1� Y 1 + 1t. • CY a. Ld J d �t• 'f+ � � 'tis � • (j�1Uarj *2 cr.V1gY,wl �.u. u.r cr.ll 1 I� �i�C�P�_ / Nwl _ Lu 0 Cl)'rt '►tY• LL a r � \�• '.,��!� '� ,,lug �i+� / ,�; r � 4i .. 3.171Y7c� R-h4M - R CI }/fi �Islv'15 Agenda Information.Memo October 17, 1989 City Council Meeting FINAL PLAVREMICK ADDITION W. Final Plat, Remick, 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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page J3 is a copy of the final platas it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Remick Addition. 3 REM/CK ADDITION I •o..r.e LI »v..rru r..rsm K.mrVL � I I � I •r SIGMA suwvr:rtwo �ewvlces tttc LOT 1 BLOCK I fl. � .... � rte— r• _ .. �. »w.!r., hr_ M .. � • �— w •rwM .n11. _wrr x r .�_ IYr .r./ .4nr.� • .r_rrr..�..._ F a.�.r—.rim. ••rrrw .r... r4r A.. r r.M1.�r. w I•w._r. w.1—r._ I.r rrrltlw.rK_�•_r Y.YIw IIK•rlllr _w •—rlrl.rr t I rte- •Ir Agenda Information Memo October 1.7, 1989 City Council,,Meeting FINAL PLAT/TOWN CENTRE 100 FIFTH ADDITION (WATERFORD APARTMENTS) X. Final Plat, -Town Centre 100 Fifth Addition (Waterford Apartments) --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 at the October 17, 1989 City Council meeting. 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 ado ted for that meeting. Enclosed .on page 33 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 Town Centre 100 Fifth Addition (Waterford Apartments). 3 '� EXHIBIT "A" TOWN CENTRE 100 FIFTH ADDITION .rrl•. r. .r ..111rr 4r._.r r •..r .. 1••� 1. ..+r.lY 1.• 11_ u_....... .... ..b. •rm.r..gr •n T O VI N CENTRE T V; I: E 19 TT n F. I I ��•m rFIYE �•N JCE NT HF. 0 U7L07 1111 / 9 6 • =_ 4b ST f!� ' TIH I H D A D 11 1 T 1: R UEENAVf LAND IUE Vf YIND .1..... • Rl.ly . r.ry ..�I . • T• �.11•r J .1.. _n............ [._ ... Y..I ._......� r . .1 .. .n.l .r I.....Iq I_.. �... �..M.. .. _ ..I..T.. f . nM. Y nn..J ......... .. .... 1 ....J .. ...... .. u . „ �....-....... ... .r ................. .. I —.. . Agenda Information Memo October 17, 1989 City Council Meeting FINAL PLAWEAGAN EVANGELICAL CHURCH Y. Final Plat, Eagan Evangelical Church --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 at the October 17, 1989 City Council meeting. 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 that meeting. Enclosed on page. J 1 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 Eagan Evangelical Church. 523670 LEXINGTON WAY/ �; I bf.uRa dNL WC I I � I rDtwwe.Ir rHc+6+f I I 4 an c — ' � r erv� »G[5 I pie � � -.,.5 /, �//.�///•%// /.5/ s � 0 r e'1ea �lex.rc�ec+q: / oxe Eli v -,'00000� IT o .1156.1 ]m+n! rx:r+eu,. (x aerc�u�l St nr I. Y u!a IN r e' %A� 7/" Lmxr a" we. Deeea real Gl'15%VPlC cuuw,n aoi� p (7N¢(P 61gY�C) IN ilRh Ge'➢1(UYIl16l5 rPiH. Nslluu(•ra >� 6 WQUOI.•Ni nreUNC IN p51 0.W w. C IPTUM wf r lm Fb(r: ra rglglir iMeccW.�l1 «xT.vy m s11P �f1L11 d na2e^I WA", mx.rt.lr uHr9! w sec LWp xlc4e-rocs I*- uIL ® VACXcv 0�zle�PS the ADgINS ASSOCIATION 1,,.. PPCMIIICtb Agenda Information Memo October 17, 1989, City Council Meeting PUBLIC HE�,ItING$„ FINAL ASSMT HEARING/SOUTH OARS ADDN A. Project 536, Final Assessment Hearing (South Oaks Addition - Streets & Utilities) --On September 5, the final assessment roll was presented to the Council for consideration of scheduling a final assessment public hearing on October 3 for the installation of streets and utilities under the above -referenced project. Due to an error in the published notification for this public hearing, it was continued until the October 17 meeting. On September 14, a neighborhood meeting was held to review the proposed assessments as well as address any concern pertaining to the project. Enclosed on page _30� is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on June 21, 1988. At the neighborhood meeting, one of the concerns expressed pertained to the quality of the boulevard restoration which was performed through seeding rather than sodding as a cost saving measure at the request of the property owners. At the original public hearing, the staff explained that the deletion of the sod and replacement with seeding as a cost saving measure would not provide the same quality end product as would the original proposed sod restoration. It was also explained that the quality of the end product was directly related to the amount of care and attention provided by the adjacent property owners. Present investigation indicates that in several locations, the topsoil and seeding established itself very well and is hardly discernable while in other areas the boulevard area is a little rough. The other concern related to the subdivision having to finance the South Oaks Park share of the improvement costs. It was explained that the current Special Assessment Policy states that assessments for "neighborhood" parks are to be spread over the adjacent neighborhood assessment area. This policy was also applied when the Overhill Farm Addition developed along the west and south side of this park. All notices were published in the legal newspaper and sent to all affected property owners informing them of the revised public hearing date of October 17. As of this date, the staff has not received any formal objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 536 (South Oaks Addition - Streets & Utilities) and authorize its certification to Dakota County. 3� FINAL ASSESSMENT IIEABINC PROJECT NO: 536 SUDDIVISION/AREA: SOUTH OAKS FINAL ASSESSMENT HEARINC: OCTOBER 3, 1989 Rescheduled to October 17, 1,989 IMPROVEMENTS INSTALLED AND/OR.ASSESSED: F.R. = Teas ibility.''Report FINAL F.R. WATER RATES RATES Area 5655/Lot x$655/Lot Laterals 52417-11 /Y.,.c x1.957 Fi. r ElServite $ 744-1:4/1.nt $ 929/Lot O,Lat. Bene bit/ 566-.L6 ftnt Trunk STORM . ❑ Arca Lateral $ 1400.19./1.nt $934/Lot SAWTTARY Area Daterals E]Service Dat. Benefit/ Trunk STREETS E]Crave,l Base Surfacing E]Res. Equiv.. FINAL F. I2. RATES RATLS $3'5117.60/L6t 53943/Lot Lump Sum $: 145XWI,ot 54ar9 a�/i�, R,izali ,.� NUMBER OF PARCELS AFFECTED: 37 39 Lot Equivalents NUMBER OF YEARS ASSESSED: 20 ELATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $ 538.,360.29 (F.R. $677,255.00) TOTAL AMOUNT CITY FINANCED: p CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 88-30 PUBLIC IIEARINC DATE: 3C) (F.R. —0—) Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/DUCRWOOD DRIVE H. Project 514,, Final Assessment Hearing (Duckwood Drive - Streets & Utilities) --On September 19, the final assessment roll was presented to the Council with a public hearing, being scheduled for October 17. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on January 5,, 1988. All notices have been published in. the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any written objections pertaining to these final cost allocations. ACTION TO BE CONSIDERED ON THIS ITEM: and adopt the final assessment roll for - Streets & Utilities) and authorize County. 4D To close the public hearing Project 514 (Duckwood Drive its certification to Dakota TINA. ASSESSMENT IIEARINC PROJECT N0: 514 SUBDIVISION/AREA: DUCKWOOD DRIVE (PONDVIEW ADDITION) FINAL ASSESSMENT HEARINC: OCTOBER 17, 1989 IMPROVEMENTS INSTALLED AND'/OR ASSESSED:! F.R. = Feasibility Report FINAL F.R. WATER RATES RATES Area Laterals E]Servite $2.301.97/Lot —0— S.F. 13.30/ff $ 13.10/1 x La:. Benefit/CI 91.60/ff ?1 bn/l Trunk STORM . Area Lateral FINAL F.R. SANITARY RATES RATES. Area Laterals [Service E f (31.at. Benefit/ Trunk STREETS ElCravel Base Surfacing Res. Equiv Trail $14877.74/L.S. 17,500/L.S. 48.05/ff 48.05/ff 4,037.16/1,.S. 3,690/L.S. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9% TOTAL AMOUNT ASSESSED: $44,654.75 (F.R. S 10 LASn) TOTAL AMOUNT CITY FINANCED: $48,273.09 (F.R. $ 48,465.00) CONSTRUCTED UNDER TIIE'FOLLOWINC CONTRACTS: 88-22 PUBLIC IIEARINC DATE: JANUARY 5 1988 �I Agenda. Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/EAGANDALE INDUSTRIAL PR.3RD ADDN C. Project 552, Final Assessment Hearing (Eagandale Industrial Park 3rd Addition - Utilities) --On September 19, the final assessment roll was presented'to the City Council with the public, hearing subsequently being scheduled for October 17 for the improvements installed under the above -referenced project located in the southwest ,corner of Lpi2e Oak Road and Neil Armstrong Boulevard. Enclosed on page, ) is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on October 6, 198,8. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment public hearing. As of this' date, the staff has not received any written objections pertaining to this final assessment roll allocation of costs,. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition - Utilities) and authorize its certification to Dakota County. I 4,)- PROJECT N0: 552 SUDDIVISION/AREA: EACANDALE CENTER INDUSTRIAL PARK //3 FINAL ASSESSMENT HEARING: OCTOBER 17, 1989' IMPROVEMENTS INSTALLED AND/OR, ASSESSED: F.R. = Feasibi^lity Report FINAL F,. R. WATER RATES AATES ❑ Area © Laterals 1 71.9g/ff 121.56iff FTS ervice �:Lat. Benefit/ Trunk STORM . O Area 0 Lateral $619.3.7/A E271%A 4316.09/A 4754/A NUMBER OF PARCELS AFFECTED: 12 NUMBER OF YEARS ASSESSED: 10 SANITARY Area MLaterals C]Service' �Lat. Benefit/ Trunk STREETS []Gravel Base QSurfacing Res. Equiv." FINAL F.R. RATES RATCS RATE OF INTEREST: 96 TOTAL AMOUNT ASSESSED: $94,52-1.15 (98,587.50 F.R.) TOTAL AMOUNT CITY FINANCED:, =0— —0— CONSTRUCTED UNDER THE 'EOLLOWINC,CONTRACTS: 88-36 PUBLIC NEARING DATE: October 6 1988 L�5 Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/CLIFF LAKE CTR D. Project 529, Final Assessment Hearing (Cliff Lake Center - Streets & Utilities) --On September 5, the Council received the final assessment roll and scheduled a final 'assessment public hearing for October 3 for the costs associated with the installation of streets and utilities to service the Cliff Lake Center development (Cub and Target). At the request of the developer, the final assessment hearing was continued until October 17 to allow additional time for review of the final costs.by the developers and property owners of the Cliff Lake Center development. As a result of the meeting with staff held on October 10, the final assessment roll has been slightly modified in the following two areas: 1. The allocation of the costs associated with the installation of the traffic control signal on_Cliff Lake Drive at the entrance to Target was allocated equally on an area basis to all commercial property within the Cliff Lake Center development. The original final assessment roll provided a heavier allocation of costs to the Target parcel under the premise of it receiving a more direct benefit than the other properties. 2. The lateral benefit from trunk water main was recalculated and respread on an, area basis providing a more accurate allocation ofcosts for this portion of the improvements. Enclosed on page is the revised summary assessment sheet showing the final assessment rates as compared to.those estimated in the feasibility report presented at the public hearing held on April 19, 1988. The final cost overrun was related to a "decimal" error in the original feasibility report which underestimated the amount of gravel base by a factor of 10 (approximately $275,000). Although the utilities came in under the feasibility report estimate, it did not make up for the feasibility report's quantity error resulting in a 5.8% overrun from the original feasibility report estimate. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the original public hearing date. As of this time; the staff has not received any written objections pertaining to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 529 (Cliff Lake Center - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT IIEARINC PROJECT NO: 529 SUB DIV IS1014/,AREA': CLIFF LAKE CENTRE FINAL F.R. WATER RATES RATES FINAL ASSESSMENT HEARI•NC: OCTOBER 3,. 1989 (continued to October 17, 1989) IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibilicy Repor[ STORM . C1 G1Area MF CI a Laterad MF' $ .083/sf $ .083/sf _070Lef 1)7n/�f $6621.52/a $8208_32/A 5517.91/A Agan -)i/A HUMBER OF PARCELS AFFECTED: 9 Traffic Signals -2386.60 /A $2500.00/A STREETS 2386.60 /A 5428_57/A NUMBER OF YEARS ASSESSED: 20 ❑'Gravel Base HF ® Surfacing C1 13Res. Equiv. S'i•dewa fk' $ 90.20/ff $ 90.20/ff 18269.29/A 12910.411A $ 7.79/ff $ 12.80/Ef RATE OF INTEREST: FINAL F.R. 9Y,, FINAL F.R. WATER RATES RATES SANITARY RATES RATES ElArea $ 2,189,365.81) Area $7372-65/A $2667.40/A Laterals ❑% Laterals 1351.54/A 1.689.,22/A C]service [:]service $ 21.60/A $ 21,.60/ r7XLar. Benefi'c/ 414.1.731A 5016-.94(A CLat. Benefit/ Trunk Trunk' STORM . C1 G1Area MF CI a Laterad MF' $ .083/sf $ .083/sf _070Lef 1)7n/�f $6621.52/a $8208_32/A 5517.91/A Agan -)i/A HUMBER OF PARCELS AFFECTED: 9 Traffic Signals -2386.60 /A $2500.00/A STREETS 2386.60 /A 5428_57/A NUMBER OF YEARS ASSESSED: 20 ❑'Gravel Base HF ® Surfacing C1 13Res. Equiv. S'i•dewa fk' $ 90.20/ff $ 90.20/ff 18269.29/A 12910.411A $ 7.79/ff $ 12.80/Ef RATE OF INTEREST: 9Y,, TOTAL AMOUNT ASSESSED: $ .2,301,874.84 (F.R. $ 2,189,365.81) TOTAL AHOUN'r CITY'FINANCED: $ 107,453.77 CONSTRUCTED UNDER. THE FOLLOWINC CONTRACTS: 88-21, 88-23 PUBLIC HEARING DATE: April 19_ 1988 Agenda Information Memo October 17, 1989, City Council Meeting VACATION/LEXINGTON WAY @ LEXINGTON AVENUE (TO BE CONTINUED) E. vacate Public Right -of -Way (Lexington Way @'Lexington Avenue) To Be Continued --On September 19, the Council authorized a public hearing to be held on October 17 to discuss the vacation of a portion of Lexington Way at its intersection with Lexington Avenue as a result of the proposed final plat development of the Eagan Evangelical Covenant Church Addition and the resultant upgrading of Lexington Way into a cul-de-sac street. Due to the final plat information not being available in the appropriate time frame for this public hearing process, the exact legal description as advertised does not conform to the ultimate description to be recorded concurrent with the related final plat approval. Therefore, it is recommended that this public hearing be continued until November 9 at which time as it is anticipated that the final plat -for the Eagan Evangelical Covenant Church Addition will be processed for approval. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing for the vacation of public right-of-way (Lexington Way @ Lexington Avenue to November 9,, 1989., VACATION/CHESMAR DRIVE @ CLIFF RD F. Vacate Public Right -of -Way (ChesMar Drive @ Cliff Road) --On September 19, 1989, the Council authorized a public hearing to be held on.October 17 to discuss the vacation of a portion of excess public right-of-way for ChesMar Drive near Is intersection with Cliff Road. Enclosed on pages �Ia and is a graphic and legal description showing the location of this excess right-of-way. This excess right-of-way results from the intersection of ChesMar Drive being realigned under the reconstruction project of Cliff Road to match the intersection of Fairway Hills Drive to the south. With the development of the South Water Treatment Plant under Project 548, the City will be platting its property and incorporating this excess public right-of-way into the .proposed plat boundaries. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this proposed vacation's public hearing. With the understanding that the property will remain in the control of the City of Eagan when replatted, there have been no objections submitted to this proposed action. ACTION TO BE CONSIDERED ON THIS' ITEM: To close the public hearing and approve the vacation of a portion of public right-of-way for ChesMar Drive near Cliff Road. 46 42 54 r�lW xa•• 12 "8 13+1e 11 ,O Ix 1_v'sm 'de c� 10,a1 •if a' YN9) p 4 �aqq�' e-iI j r wJWt l' mar - T S i + eager". tL 1- eux `•, 0 n 1e.gjexm3!°�60 r i16Ye: �a0a o°' ..3erl°n o•A � ' 2B 2937 72 fA yl M•eT•N el r '-i� •by. 'fl¢� )s t 36 °_ Y- f33 .Iter fd iE9w _ r!• ,y e ^ W °I Her )'. :,- 4 °Mea O W�t A i I TGl X e1°I) "[ I.11.1- � 23 e a0m eoN - l�-Mer°l0 e'E,- ta)00 •' 11.� \�i. 9 xn•n'ei r. �D r y. wmu.• ,, n! • i{ 6 •� �.r.r .II 1 n X er•la !i W. l y O /1r r' - "' 1 :•• YIPo 2 t ely A:,- ,O it I �kyl t b ,� !)�i: `{I D'. T1g,I = e __ ,- 1 ci J!^ r r' J4l'r..ou o7� � 6;1 ('• .IrEx \NIr �- e• 'ei'r, LY., r �,_ w 1 1f Ria pXmu�3 x e1°»x"r. >< : NOTICE. OF PUBLIC HEARING PROPOSED VACATION OF CHES MAR DRIVE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN THAT THE City Council of the City of Eagan, Dakota County, Minnesota, will meet at the City Hall, 3830 Pilot Knob Road., Eagan, Minnesota 55121,, on Tuesday, October 17, 1989, at 7:00 o'clock p.m., or as soon thereafter as possible. The purpose of the meeting will be to hold a.public hearing on the vacation of excess public right-of-way lying over and across the .following described property in the City of Eagan, Dakota County, Minnesota: All that part of Ches Mar Drive lying south and east of a line, said line being 3'0' southeasterly and parallel to the following described line: Commencing at the southwest corner of Section 27, Township 27, Range 23, thence east along the south line of said Section 27, a distance of 1,260.0 feet to the point of beginning, thence North 12 degrees, 43 minutes, 30 seconds, East a distance•of 32.0 feet, thence northeasterly along a curve concave to the southeast 87.05 feet, radius 242.25, central angle 20 degrees, 35 minutes, 20 seconds, thence North 33 degrees, 18 minutes, 50 seconds, a distance of 26.50 feet, thence northeasterly along.a curve concave to the northwest 140.89 feet, radius 242.32, central angle 33 degrees, 18 minutes, 50 second's and there terminating. Dated: September 19, 1989 E. J. VanOverbeke City Clerk City of Eagan Dakota County, Minnesota (�,9 Agenda Information Memo October 17, 1989, City Council Meeting FINAL ASSMT HEARING/CLEARVIEW ADDN G. Project 5450 Final Assessment Hearing (Cleareiew Addition - etreets)--On September 19, the final assessment roll was presented to the Council for consideration of scheduling a final assessment public hearing for October 17. Enclosed on page ,D is a summary tabulation of the final assessment rates as compared to those estimated in .the original feasibility report presentedat the public hearing held on September 6, 1988, and its subsequent revision resulting ,from Council action on January 17, 1989, providing for the assessments to be spread over 28 "lot equivalents" in lieu of the 25 legally described lots. This was a result of extensive review and evaluation by the Public. Works Department and City Attorney's office_. On October 10, a neighborhood meeting, was held to provide an opportunity to discuss ,any concerns with the affected property owners. Only three property owners attended the meeting. Enclosed on page f is a written objection submitted a property owner pertaining to the method of cost allocation on the lot equivalent basis. It wasexplained while there may be other methods, this was deemed to be the most fair ,and equitable for this particular project. Generally, the property owners are quite pleased that the final assessment has come in approximately 40% below the feasibility report estimate. All notices were published, in the legal newspaper and sent to all affected property owners informing them of the final assessment hearing. The staff has not received any other written objections pertaining to this project. ACTION To BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project '54.5 (Clearview Addition - Streets) and authorize its certification to the County. City Clerk City of Eagan 3830 Pilot Knob Road EAgan, MN 55122 1790 Beecher Drive Eagan, MN 55122 RE: Project 545, Special Assessment Dear City Clerk: October 10„ 1989 This is to inform you that I object to the manner in which the total cost of Project 545 has been assessed to the property owners. The basis for this objection is as follows: o An assessment by lot is only equitable when the lots are of similar size, which is clearly not the case here. o When purchasing my residence, in November of 1986, 1 relied' upon the most recent assessment proposal which indicated allocation based on the original twenty-four lots. M.S.A. Section 429.051 states thaw property assessments must be based upon the benefits received. This clearly indicates that this i,s not a use tax but a tax of valuation. It is equally as clear that parce,l:s of land two to four times the size of another receive a greater benefit. This is the reason why the majority of similar assessments are based upon front footage. However, when the size of benefiting properties varies significantly, the city has assessed based upon size to indicate the benefit received. The city would not assess a forty acre parcel the. same as a ten acre parcel and it should not assess a half acre the same as a two acre. When I purchased my residence in 1986, it had been about one year since the neighborhood and the City Council decided not to go ahead with this project. My house was built in 1981 and this project had been proposed twice since its construction. Both proposals indicated assessing based upon the original twenty four lots. The original proposal in 1988 continued to use twenty-four lots„ and d relied on the prior two proposals that any improvement would be based on either twenty-four lots or by front footage, which is the typical method. In conclusion, the equitable method of assessment is by the original twenty—four lots as they are more similar in size and gained a more equal benefit than the twenty-eight lots in the current proposal. Regards, S( FINAL ASSESSMEMT HEARING. PROJECT 110: 545 SUBUIVISl011/AREA,: CLEARVIEW STREE'r imi,ROVEMENI'S FINAL ASSESSMENT HEARING: OCTOBER 17, 1'_989 IMPROVEMEIIT'S 111STALLED AND/OR ASSESSED: F.R. = Feasibility Report FTIIAL F. R. WATER RATES' RATES ElArea ElLaeeraIs E]service Lae. Benefit/ Trunk STORH . El.A r ea Lateral IlUHBER OF PARCELS AFFECTED: 25 HUMBER OF YEARS ASSESSED: RATE OF IIITCREST: 20 97. FINAL F. It. SANITARY RATES RATES Area []Laterals 0 Service ❑',Lac. Bene•6It/ Trunk L� STREETS E,Cravel Base [j]'Sur f ac Ing $6,042.00/Lut. Ann: nded 1/ 1 7/89 $5,1'7.8.00/I.n,L Res. Equiv. $3.1'87.18/Lot TOTAL AIiOUHT ASSESSED: $89,240.76 (F.R. $'145,OOB.00) TOTAL. AMOUNT CITY FIA'AIICED: $ 9.334.00, IF.R. $ —0- ) COIISTRUCTEU UNDER THE FOLLOWINC CONTRACTS: R9-07 PUBLIC HEARING DATE: September 6, 1988 January 17, 1989 (1), From Beecher Drive — ConstructedunderProject 472. ' 5 Agenda Information Memo October 17, 1989 City Council Meeting STAFFORD PLACE/DEFAULT OF DEVELOPMENT ISSUES A. Review Default of Development Issues for Stafford Place --At the October 3, 1989 City Council meeting, several residents from the Stafford Place subdivision appeared and raised concerns regarding the status of their subdivision. Testimony ranged from lack of established grades according to the original grading contract to inadequate framing and construction of homes. After hearing a number of issues, residents were asked to quantify their concerns in writing to the City Administrator by Thursday, October 12. The letters received were forwarded to the Director of Community Development for purposes of coordinating all the issues with the approved development agreement of Stafford Place. Staff will analyze all the issues raised by residents, compare these issues with conditions in the development agreement and prepare a findings with a specific recommendation as to those development issues that are in default as a part of the Administrative packet on Mcmday. For a copy of the letters, please review S3 through(j` ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a specific list of development issues that are determined as default of the Stafford Place development agreement in order for the developer to correct each and every default within days. ,;eve --r- re TD •t-1 YJ •i h Sent. 1A; 191-19 Mr. ShArm:An Flak"5 Fra i,den.t, Frnnt i e r 39.112 'FRd A vA1,e 'hr. r)e.NL: hr_ I06k?; If sp:.ra(1¢ Dan L.. Courneya 4n99.Stat-es Ave. Fagan, M14 55:123 H -6,91 -ie -16 . &V aa8- a sov E € ss MiAwe.3�t Deuel!nnme.nt Cnr,n. 1 .rm rr.nhAsed. A home. i'n your 'St a.f'£n r d"F IAr..e. D?ve.I nnment in Fagah MN. in Aunnsr of j9n8. i;t the, time of nurcha5e; An Addendum WAS a^derl' "n JMy nant JArt wh i'rn St Fit e5 that ynii won l'd r.emn•.;e. A Ile Ad, tree. f rna. r nAck.1Ard Ann fin t=.h thr. finAI nrade nnr.e the treewAa reninved� The tree wA promptly remnved;, but the.: final tirade ,hAs never heen done cia:,nidte. r:nme'rnuA rrnm':tsa_s t,n nR sq. iirne.;rst And The prnhle.m ynU are,. hmurrig with the. dra,innn9 Ai.nnn ]i51e.s Ave. and nAtwe.en the. col-de-SArs nn 'NHw Ynrk Ar:,-. l'lermnnt Faies.; tu.t my Pat ienre. i.5 wear inn thin. I have hAd to cannel sod orrers 3 filmes hecAuSe of nnfulfi:ll,en prnm15P.A made by you nr ynur re.nresent A.tive.5. I\nw; ; will have to wAit iintil at le.Ast new.', spring to get nrASS whir.h wi�il invAriAh.1y rbAt more. From my pni.n.t of v.1Ay; i on not even seea grind fA'it,h eff.nrt h'=i:nh -�:e s:7,rer.tify tit.nati'Tin. if p1Ansto cnrrect t;hr.a prnlilem arF. in -ne. wnrk.s, nu win ,ld tie- well A:ivised to infnrm those rrnpe.rt'y owner= AFnny Srt,A t... Je:rmnnt, And NF.w Ynrk Aveniies n'f ainrir r-Ans nr P.Ciai ._...rJve t1hem in the prnee.4S. 1 feel I hAc-e ne.en mnr.e tn.9,- rm, iF. tit .. 1;f t,rti; Ail in give this omir prmmp,t Attentinn and her3in to 53 P I.I n'1Plvr.rr - A91Pv tAtP tthiP prnh l Pmt I Will fewl r.o..Ve'I IPrt to reta in an AttnrnPy to IPprP.se.nt my 1'n.}Pres'ls.. tial tihollljh thlis 'PA not An easy that ter tQ' rrrtrl'f,y becau.!Pnif t,hP. numhPr ,nf home owners invol'.veri_t dPs,i�.gn of 'a plaq, and setting� of'a' t,imP.t.AbllP.tpro. per c nmmltnleat. irin WI I I !go along LIAW, In dispers'.ing some. n.f Inn ani''mneity:felt tnyards Fronti•Pr Homes in this nei,ghbnrhnnd,. Frnm your 'nn int sof view,,. it shnuld only .make Bond bus i,ness sense s. ince . many nr ;t he,prospertive buyers in the devr.lopmrnt stop and tA,lk to rll.rr'r R,t homA dwnerS to '1nquii,rr..,A hnl,lt. ;Sat 15'f Art iinn. FIS nt yPT r '1 nAVP. bAPn IlnAh l!P t;n tel I t'hn SP Who kava stopped that, I am'sAT 15f'IIP.d becA4$P of this ti,r.garing prnhlPm. TrlAnk you For your prompt, attention to 1'his prnbdem. i look fnr'wAr.d to 'hearing from ynu.. 0 c+i'�nr,PrPlyl Dan ii , f:m.lnne'Ia S� I r a P09 Al r"7v/d CE (2 any 46:017 w 5;r-ti"97 4," rE: OCYOr.ER 10, 10%,' Ill: QITV OF EAGAI 1 rRUl1: MICHAEL I CINDY TAYLOR 853 VEN I NOR AVE. (STAFFORD FLACE) EAGAN, NH 55127, RE: OUR CONCERNS ABOUT OUR BUILDER, FROWI IER MIDWEST HOMES I He, ha:e F,c.,enwe"-ed a. lien o" oui property by North Metro Land•scapingl hi-. which proei•ded our Eod. .. 1hev "ever Fini-hed grading our backyard. We Cin not know how far our plr.:perr, gone due fa the fact there is a mound of dirt still sitninn ill h,avKor d. Flus because of this mound of dist, we have not been able to -.-,d ni =nr.•1 the remainder of our property. Thus we have lost much of ou ,alir_.ble top oi,J due to erosion. 1 ronlarted Frontier c,.veral times requesting that: the dirt P.-,,.. I smo/ d but have had no results. We have: been in our home for 1.3: months "iths and Feel we have give" Them a(rlPle tlmu to finish our .lot. 7. rlr• hncl 1-rontier put footinw in for a ,inepl,c.e and they iiJJed the area in nirh dirt: and now the area has =unven.. Also we are seeing some lrr_:.I:i il: 10- baRament at the snot_ the footings are placed. We feel they did 1101 r poperly construct and finish the footings. If there are any questions we can be contacted at: Lind, Work: 434-4132 L -S J I .y� /� (�y I111,��,,�y�. .y� ^MTy�^ F�Ti �%�.�'l�7 I/�'i, Z'�'! !t!7 1 I„+. -w • ,1,7F I"`PS22 „Y 1 IQ}'T iYI��-MM C �, �m� St�jS�ff -nv -"'� Zauymtiu`2to'Ir I'l rpn PLO . vj ��1��-,..,�,.�. = L�ra,�n-01�, 1 G�Eb l i'�' W -�-, t„g 53�"yrx �� .,.,,.F, n,J �3,L•'� 1 t 4 I V' ntivnl r 1� SiY�'?ElC`J� 1fV3�d }7'J �j 15ry b - rqI Qi�v'd 9 :rN 1�- -f Ct�r� S3c"Q3}4 rq-Q! 68b! ! II v."&cr-0 &50 i x3 00-V --5 £ $ M A r,>[S-' ;h'V!WN-V—o 3 — GVd - V.%jg �21tr AZO J, P,Z �0C4044 rKC; 'ett 6d(le2 rlavzl rte 4`6 H, �14 �,�teA c.44L,5 I -or 36 , Sc oc,� 4, S T.41ix:-o2p P«t c T �i777 f%vec 3 30/LOTiV DB .oq D 4•E r vis iL e,,,-;047 re/s.o/v��.� ti'e //0C.,j //''DYe Tt e � ij�vr�r eS /1� p�JE ST oT GAS 's, '00 . FivAL 13AC,,r-,(A-je-D 6P -4a r/UZ. Pct P"...). 50e. BO /4, I�eof.-,f �04 re 5c i o e 'fi�e- 9✓v,0Qr,:.S vi i-l�, %'o&-� -�ie-r wi (-� wo lu-C-% 7—ka4., -L C� oc^� s7 Notice is Hereby Given, That it is the intention of NORTH METRO tNDSCAPING INC. a corporation under the laws of the State to claim and hold a Ben upon the tract a of land lying in the County State of Minnesota, described as follows, to -wit: See Legal Description (a) on Attachment hereto, which Attachment is incorporated by reference. , with Its address at for the sum of see amount liened on Attachment nollars with interest thereon from the --!—day of . That said amount Is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed In that certain improvement of said land described as follows, to -wit: NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1. Tree and shrub planting; 2. Grading; 3. Sodding; and 4. Building retaining walls. That the name of the person.—Jm whom and at whose request said material was furnished and said labor performer is ss follows, to -wit: FRONTIER MIDWEST HOMES CORPORATION. a/k/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontier Midwest Homes Corn i That the date of the first Item of said clalment's contribution to Bald improvement was aha s a shown nn the dnf+rt art.rh,++ont herein x*k ; and the date of the last item thersobtkK as dafxnl h_... .... the Ajit .,h,,,e,.r hp,.*, _ .A2—; That a description of the premlees to be charged with add Bea, to the best of said elalment's ability to secertain the same. is as above given: That the neme_of the owner—of said land and premises, at the date of maul g this statement, according to the beat fnforautlon said claiment now has or is able to ascertain, IsMYAt as shown as the fee owner on the Attachment hereto which is incorporated by reference _ That a copy of this statement has been served personally or by certified mail on the owner or K its authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd. 2. If any, was given. Dated thie_2=2_7!S—day of September —19 89 Attorney £oreNO H •TRO SJWLLS CAp ur r+,+r O a 4`148 New York Avenue Eagan, Minnesota 494,0 New York Avenue Eagan, Minnesota 4132 New York Avenue. Eagan; Minnesota 4128New York Avenue Eagan, Minnesota 4124',New York Avenue Eagan, Minnesota Lot 34, Block 4 Duc Nguyen Stafford Place Lot 36, Block David W. Adkins Stafford Place Lot 38, Block 4 Stafford Place Lot 39, Block 4 Stafford.Place- Lot 40, Block 4 Stafford Place 4125 New York Avenue Lot 42, Block 4 Eagan, Minnesota Stafford Place 4013, Pennsylvania Avenue ,Lot 4, Block 4 Fagan, Minnesota Stafford Place Michael J. Glass Blaine E. Duxbury, Joseph W. Trombley John L. Korth Gordon D. Multz $ 508.80 6/6/89 $ 508.80 6/6/89 $ 561.80 6/6/89' $ 508.50 6/6/89 $ 56.1.50' 6/6/89 $ 561.80 6/6/89 508:80 6/8/89 ME MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON. FLASKAMP & BRENNAN ATTORNEYS AT LAW WILLIAM M HART w. D. FLA9KnMP STEPHENJ FOLEY C,D. KNUD90N KYLE B MANSFIELD R.0. BLANCHAP0 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SHIRLEY ORRENT LEANER THOMAS LADPM9 TIMOTHY W RIDLEY DAVID B.OPFIELD ONEP VICTORIA LNSON GARY W, HOCH MINNEAPOLIS, MINNESOTA 55402 LAAPnJ NAHUTC JAMES M.PILEY MICHAELA NS JAMES F. AGEN A.HAOEN J. RICHARD BLAND TELEPHONE 1612) 336-0661 JOHN J. MRDON•LDJR. JOHN) R. STEPHENS CHANCE MAPM,JP- CON ALD CH CHRISTIAN P CHRISTIAN A. PPEUS ROBERT M. FPAZEE .W1HOR¢ED iR Y J.. E GER KENNETH 0000E KENNO . ...ANCTIC. AS NINCRT. MARY M BRIE N MA A II NCII. ION w(:RNMP,hATR RMO1P wDMBMNAin DAVID A. ANDERSON ANDD SGARY TEVE. 0. EGGI AN STEVEN C. EGGIMANN THOMAS M. R BRADLEY M. JONES WRITER'S DIRECT DIAL NUMBER DREA CL50 M.NEHL CHARLES J. MUIRHEAD ROBERT E. EIIL CHARLES GALEN L-BR CHARLES N. BECNER HBEC ER JAY 0. ENTUER JAY C. PENTON ROBERT E. SALMON RAYMOND L. TAHRKJOHN50N MO:R FAEINSKL JR. THOMAS H. CROUCH COPTNEY 9, L,,NEAVE LEATHA LOPEIN L E. MEAOHER,IBG5 1970 JOHN C. HUGHES ARTHUR B. GEER. IBOB-IDTI September 27, 1989 JULIE MELANDER HOLMES M!AN A.Y:AONEP 9HELLEY ".SIMMERING THOMAS C. LEIGHTON OF COUNSEL B B MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON 11 MARK O BRENNAN A.W. NELSON TELECOPY 10121 336-638A TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KJY/IG Enclosure Sincerely, i�'U Yeager �3 MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA -COUNTY a :Street Legal Addres 'Description. 4126 Pennsylvania Avenue Lot 25, Block 1 Eagan, Minnesota Stafford Place 4130 Pennsylvania Avenue Lot 24, Block 1 Eagan; Minnesota Stafford Place 4.096 Pennsylvania Avenue Lot 32, Block I Eagan. Minnesota Stafford Place 4102 PennsvIvania Avenue Lot 31, Block 1 Eagan, Minnesota Stafford Place 4106 Pennsvlvania. Avenue Lot 30, Block 1 Eagan, Minnesota Stafford Place 4110 Pennsylvania Avenue Lot 29, Block 1 Eagan. A9innesota Stafford Place 4114 Pennsvlvania avenue Lot 28, Block 1 EaLan. Minnesota Stafford Place 41 TS' Pennsylvania Avenue Lot 27, Block 1 Eagan, Minnesota Stafford Place 412'_ Pennsylvania Avenue Lot 26, Block 1 Eagan, Minnesota Stafford Place - same date for first and last improvement unless otherwise noted 04, Amount Liened and 'Fee Dite_0f Owner Impro_ ve _mens` Joseph P. Stefansky $ 508:80 8/4/89 Lee Brian Morton $ 508.50 8/4/89 Keith E. Bebl'er S 50&:80 6/8/89 Roger O. Czaia $ 508.80 6/28/89 Roger N. Etzler $ 505:80 6/8/89 Curtis H. Thurmes $ 508:$0 6/8/89 Thomas J. Larson S 551.20 first 6/6/69 last'6/8/89 'Tobin C. Lane 6/8/,8980: Don F. Rockenback $ '508.80 6/8/8.9 - same date for first and last improvement unless otherwise noted 04, LANDSCAPING INC. a corporation under the laws of the State of M 10150 Trail Haven Road. Rogers I, claim and hold's Len upon the tract s. of State ofAinnesota.,described as follows, towit: See Legal Description(s) on .Attachment hereto, which Attachment is incorporatedby reference. for the sum of see amount liened on Att with interest thereon from the " deY Of� That said amount is due owing to said claimant for Professional landscaping services with its ad&ess at :le of int 'hereto • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished andtperformed in that certain improvement of:aald land'.described as follows, to -wit'. NORTH METRO ,LANDSCAPING INC. providedprofessional landscaping services, labor and materials, including one or more of, but not limited to the following:, 1. Treeand shrub planting; 2. Grading„ 3. Sodding; and 4. Building retaining walls. the person or whom and at whose, request said materialwas furnished item of said claimant's contribution to said improvement was _ter a. description of the premises to,be charged with said lien, to the,beatof,eaid claimant'e�abWty to theseme, is asabove given: the acme—of the owner—of said lan&fuod premises, at the date of making this statement. That a;copy of this statement has been served personally or by certified mail on the owner or If sts authorized agent or the person who.entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the, last item of such skill, material or machinery as provided by Minnesota. Statutes Section 514.05.. That notice, as required by Minnesota• Statutes Section '514.011, Subd. 2, If any, was, given. Dated lthis lrZ>< dayof, September - - 15. 5.9 Attiorney for N0 H TRO .TTA„1G�y� C State of Minnesota, ounty of Henna i being duly sworn, on oath says, that _ he is the Karl J. Yea er yr k ORTTI METAF1 7 alancavTTBr TNir attorneyfor , the corporation wrath is the claimant in the :ithin statements, Chet —he has knowledge of the facts stated in said statement by reason of the ollowing facts, to -wit: He knows the same to be true of his own personal knowledge an upon cords, officers and employees of information furnished him by the re NORTH METRO LANDSCAPING INC. ,list he makes said statement at the instance of said corporation claiming amid lien; and that the statement is true of h�U own knowledge. . THIS INSTRUMENT INSTRUMENT VIAS DRAFTED BY smNAFua.-No,......___E os nrxCA orncAL MEAGHER MaitxHaM, 'A ERSON, ADAMSON, FLASEAMP 6 BRLIM14 Mu ti oods Tower, 33 South 6th Minneapolis, 45402 AFFIDAVIT OF PERSONAL SERVICE . State of Minnesota, County o being duly sworn, on oath eeye that on the Is—,—he served the foregoing Mechanic's Lien Statement upon _ (the owner therein namdl Ithe authorizedhanding get d leaving with amid er n named) Ithe person who entered into contract with the contractor)' by B _ a true and correct copy thereof. Signature NOrAR1AL 6TAMP OA 6CALIOA OTXEA TITLE OA RANNI Subscribed and sworn tq before me this 19 day o 91a NATVA[ Or NOTARY PCBLIC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of of M' 7' ` of the r'r Judv Baeke s , State of Minnesota. being duly sworn, says that on County o , l9 he served the foregoing Mechanic's the r� day of Seot ' Iz a er therein named) (the authorized Llea tatement O�.P'—'t'r'P = � Otey nn ho en rhm>n Agent of the owoer therein named) (the person who enterd into the eonar`oP hereofeby certified lmail. mailing to Raid We and sed in an envelope, postage prepaid, and bdveeposiing the ctedito said eafne mownp ra (ot' itenn a * _hereto Minnesota _.tL _ lest (mown address. at Rarl J. Yeag Sl torettorneyfor NOlr,4NClairneT}y =�J.hald�.WNI Subscribed and sworn to before me thle�ve, Signature a OTn LO before met e day o CO'i1 Septee THIS INSTRUMENT INSTRUMENT VIAS DRAFTED BY smNAFua.-No,......___E os nrxCA orncAL MEAGHER MaitxHaM, 'A ERSON, ADAMSON, FLASEAMP 6 BRLIM14 Mu ti oods Tower, 33 South 6th Minneapolis, 45402 AFFIDAVIT OF PERSONAL SERVICE . State of Minnesota, County o being duly sworn, on oath eeye that on the Is—,—he served the foregoing Mechanic's Lien Statement upon _ (the owner therein namdl Ithe authorizedhanding get d leaving with amid er n named) Ithe person who entered into contract with the contractor)' by B _ a true and correct copy thereof. Signature NOrAR1AL 6TAMP OA 6CALIOA OTXEA TITLE OA RANNI Subscribed and sworn tq before me this 19 day o 91a NATVA[ Or NOTARY PCBLIC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of of M' 7' ` of the r'r Judv Baeke s , State of Minnesota. being duly sworn, says that on County o , l9 he served the foregoing Mechanic's the r� day of Seot ' Iz a er therein named) (the authorized Llea tatement O�.P'—'t'r'P = � Otey nn ho en rhm>n Agent of the owoer therein named) (the person who enterd into the eonar`oP hereofeby certified lmail. mailing to Raid We and sed in an envelope, postage prepaid, and bdveeposiing the ctedito said eafne mownp ra (ot' itenn a * _hereto Minnesota _.tL _ lest (mown address. at ANR, NMAdIALSF Mr e016Y S. RICnBroaon Signature a OTn LO before met e Not f bile—MlnnBsole $nbmC ed and Nenne in County day of • ti M Wmm. E+o. N7.91 -Strike out portions not applicable.a,u NAT,T ;,.WY Vs'. C 0R eTNFn OrrlGl/.L I$E �n I slofs� `o b'G 441y a bB'=v s L O g(= Y goW E m as ° ... A n " .T •0 8i �' �' U O �L O ca to 0 > LL e z= O0. yy y e VMU e E tem Ca Fal O i 2 G I ❑ s Is a °: 13 00 e mZ In MN'D.v 6. err.r..,�,e...iwaa Form No. BP–M Mine. u.ur. ca..,.o..ewr Given, That it is the intention of NORTH METRO ■ corporation under the laws of the State of Min .,.qts ,with its address et 10150 Trail Haven Road. Boner= M' N1 1 y�537d to chum and hold alien upon the tract S of land Il o , i th- ;r -ntv of See Ti 1 s State of Mimesota. dear' d as follows, twit: Attachment hereto S, .jal De ,ption(s) on Attachment hereto, which Attach-ent is incorporated by reference. for the sum of see amount liened on Attachment Hollers with interest thereon from the • day of .19— That said amount is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished end performed in that certain improvement of said land described as follows, to -wit NORTH METRO LANDSCAPING INC-, provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1. Tree and shrub planting; 2. Gradings 3. Sodding; and 4. Building retaining walls. That the name of the person for whom and at whose request said material was furnished and said htborperformed is as follows, twit• FRONTIER MIDWEST HOMES CORPORATION alk/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontier Midwest Homes Corp. That the date of the first item of said cWmant's contribution to said improvement was aha a= shown e„ th, drTA ntt achm r h t >'�� and the date of the last item thereobtitec 'ae deantnfeh nwn the att h t h t >48_� That a description of the premises to be charged with said lien, to the beet of said daimant'a ability to I ascertain the same, is as above giver, That the name—of the owoer_of said land and premises, at the date of making this statement, according to the best information said claimant now hes or is able to ascertain, iakm as shown as the fee owner on the Attachment hereto which is incor orated b reference That a copy of this statement has been served personally or by certified mail on the owner or W its authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd 2, if any, was given. Dated thia_ZL2_1�6_day of. September , 19 89 ar ea er • Attorne for NO HTRO i.A•NDscn�zxc xNc cc 7 c) : -I ffe e \TYq i7/17i � I S-HTo(� ocTo cye y/ / 9 8 5 T u�P &e d/lj L -Deets l G/ ✓eff i7— yiv2�/ NE'CcJ ✓o,P,t� ��'' i�� i� s ���o�c7 AS RM.\E5-6CITY cvurYeL Fq THE me-E�1 1' CG p i= pc ---)6s59 3 (9 85 417? rweiTityc. 1 K RFGR2�i S ib MY CoNCcr2 tJ S pF EROSI or i , 1 tARS VERY DIS A?o1aTF D -FtW—) FqT �+E c, Y (7o%j-Ne jL- mFE),+.)G OF OCT bwR .RZZL R 7i ECiS�oIJ 1�P�5 No ANN Ouf10E(� GN lJ►�E�i}E1� CD C15� !� I) 2 i G rJ RI_ G Rfq ) aG ?LO -V4 6R- I WE RF -y 15E"b 1?CAf�4 TNA i APr5 REF 6l SLA 3mtl)TE ,P At---' -eR �i a /n ErnF,ERS DF -rHE eIiY -veye,rfte- dim�5 /�IEFT�,✓6 , ,T J11S InY uNAICS sl-lUdC 04 PaFC7 /.Si aN wAS -1-b He Rs✓50✓a c A1eF Z> 0 Xy ,est �Q /TjC'A L o r= T%/� Fi✓6 /n2�FiP/�/G .s�lfFF iNFY /!�✓� SFr/ Wey f/Fc�FuC. 00 ✓/D Ile, �br�eve, Rs GICµ 7�lo?Y 7H1.5 Y6w. iN� Fees � ��� �eeine�T R�%5on/ :...� �Ji+7 eor�,ei✓�D a9�uT i� �� �% #FLfIA16 ncln T!�%5 XF&P is Oer_7.49ct5r A?X F407i L Y ooew .L _ mo v#,r Wow c w . 014u6 a� 9S� iF T,s�iS OCRs 6F-FS PN- oFF uNTe- jt� : rNG of /990 or-RE Looe �6 AT a uN� .02 J c�L•y AS A- `�55 /%�C� l��l'i c�b�/ .4/�JC_ �N11- /YJfYY ��' usft[L � iD Co�EJ CeRN tfl-W AV- uNCoDreeA i rVE e� iT� kE6ft� S e3Y e &P, Cv-y o /q(7d cae Lola- RAVE 'a a rN oue �E NOAQ'LY is uN+�esie�43CE �, Nt7 e,(HA 0 0 e -PW8LE- -,T-0 M E f4NoT4C-of Ca►C-eo v`) DX ' -tt 0 Y i-►�G Thl-c cvo R), c.u,tTi L j QR o 1 S• 777#E COArT E)NG erRVs:ro^/ 0/}'45ei 2Y iMAYY 5X11V6 Rh'rNS, IN 1y7V O?tNiol� see FN6 rw(5 F,�F E-P-mtoN WE CON-Ftl:f �r'�inCG 1-74 D64.9Yiwe-- I —7lF C'u,ee�r �rN�CJ�tL �'oac.�rns, TNS ev�w Du�/JE,2 i5 nom ��sv✓S� actr=2 i NE 'tIFY welt_BE 1 �D ,(RZY E?F L00,<MV4 AT 1-079 5407/nFW lnr Sum rn AIFY raRRC .9 A 21�eo)svoN ee mAze scnnr. cAYiNG 4 CGS 1s14W UN -4- Th`e 097 �JC%gr-Oe o rry Cool Nor - 14ernl,lvig. A 6Qf.4T bEPL- OP -,,woe 2 fJT �dE ,ENS dF t�'Ta�7� a�i.NG �gvoePHc�C.i� �'� •— oorcY iN Dls�' ,mss— /NT�?�xsS a4T �- /S r1 7Eif.5% ori E-�eeYonr� Ir You tii9v6 ANY Qu6sTion4L FEEL FRfe- T a O#a- !»cr- 0-7- 1-10MI� 5�-S73y e�P you mAY LEAVE A ,-1n4SS- t6E 0- -F67-(PS-4;7 0 ocToeeg- I(., 1989 To : T nA 44r.6bes Cl" /ADMIn11.5TRATOA. EAGMI Cary +6%.LL 383c PIL17T +W06 RCA'b E.:oynf MN S512 -'L oA: 7-ot4_4 3 G.T"se-1AE G2lGes 44o9l VERrno#1T AJ EAG" M.A SS17-3 tcoAE': 6Bb-Q'f56 Soet+J AT I.Jet '• 89.1-'i383 PE.. QLAM ProfsLE..MS pal- M1-. + s-bse s, Ttt/a�l� yev Fc --.e: -rws oRPo1zTUIQ"ry -ro ExPKESs o„g CprICEJ"S A$owr -mF- Sr4.FfbgZ PLAGfe_ DE✓ELOP/IkENT: Wfe. f,4>'JE 3 fRoeLe�s. P-MW41AG Ti -VO -004+4 T4 F- SACIL OF 0&+2 ,PROPERTY. AT T1+1'5 T I AkQ A TO -7-- Ac+l {}AS 8E E n1 CuG .4 W. %TV ,t SILT 4rLbu1 4E.aJvLy 1-+WotxdH T#IS TREe1C4. WE ARE. CoAcE[.A-mQ-r4+jL.T lF T4tE "T'� O 4 Is NIovsp 1 VJF_ #Jt'LL _6096_ CUIL 13 rGlATLLAF- To -ECS 'T1+Ar eIST dEfty CLcSE Tb Tt+- TVSn1Ge4. M109, To T -"f- T12.EIJc-+ Iseopl6 Qllb� Ou.iL fK-OPE2T-1 CO IIEcT*,C:' ALL_ Tt+E '-FLeW OF WvTEfz :b SALT IfiLoM u:P- sT"A� m..—n+ELzft:l -E 1nIE RESPEr uLLy R'EOLLEOT T j+AT T+1E 'Exi sTl AG TREnic l+ 11AY1 Al , 2) 1JATB !Z o JET- F-o%P , O LL2 P(2:o PE A7,1 I'S o til A CLLL-DE-SAG. A -S you• *(AV6- i-( SAP -0, V.1i: * AVE A Se-%/&"— PROBLEM W+MtJ W E t1-AJE a (2Att1 of I%la i, efZ Mo2E. OLS CLLR DE- frac- VJAS FLooDEb ., 71+&- v hwr R ROS Er IS FetT FRoµ T" e- SI-R.eeT UP To A Cu*- FUZE AT T#E .LAST STDRM. -MF— Cary of EA6s►n1 }�Ap A R+0Z069-APPHE(<< OLM T++,E /4"r lftv� Itiio"iACG $'''TDOIL 'NhA&r-,P US Pir—T—U, s of ouR f%o!1,L5'E, lA�A�.ae- you�.'Jt se -EAI -n+EPA., -r}HsIs yE y uAnl6EftoLLS. A SWkAI Cy}I'LC p,/Z AA AJ Abu yr , VJ+f o 11A Q6t+T +}A%./P- 'Su PPEO I ►J T -}+e Itip � A CoLL1.:0 tFIAVE. E:ASI LLy �Q.bvaNE:�, 3> LEtrdS - A TµIS TIAAf—, WF- tiA�E BEFj� Issv-eZ LAr4oscraPlNU Ir.lC. Fold *so8.Eo Tt+iS LEjw1 IS I L EG^ BE.L-ALLSE WORK WAS CoN1PLETE)� 6 It 189 .0 T44P- L£IN I's DATED c1 /2'7 (89. RAR-.. {-EEAGES, t4+$sE ARE CwfL- ftoSLIESIAS. ( T -"sr N -04k $ 'J Mi STAFF WILL T+IoRDUG%'L.y INh/ESTI6ATE oLLR> ConfceLfj% tA i -4 -0 -LP WS. IF goLL ttA.rE Ar44 FwpToEp (:�uesna. OR- Aj FC (1 pssl sr owksc c►J AAy WAy ,, PI:E..sr_ Co ^t TACT Its 'T}FArJ1L �/o�.l �EC� IuU,ICk+ ,J*W b (CA-r%E-f l PJ E 6f-tG er% IF rr �Tee., .- - - _740 ,� . c.L� ceea&a�l on, . cc «, _1z 988 . --- ..-4,�e--/Za.� .�� .�a.�Ec.ned _ �c��.��.Zoc.c�cr? •-���r,�cz.Lc� �--- i — � 9.rtt-- 3 •...�1tm.�Cu�, �� G'drz�iio� �/z.v ,o ,v�v _�th¢� -- e�,zpt 989, . -Me- c -�4 --- -- CC� /Q/,c.c.Gc�i:2�erU _..�-��tp _.��-hc.�.L�_,Q�'t.u.�►v Clile�. ------ 7 y ,.tiz v _./LCL6vBz�-C �[nv S��t • -roc,�-/L,GLc�rz2e+�-rQO_�%ZQ/taQ, �.�-� . Z/,��i — —. -`�lZ�Lc�R2/ ''u�o.�he�_.�z'a U7'ZJ �C.t2_.�'.Ci2, �C•C/Z�_ .. _-- — - �n-�iecE .cn�...ncc•i. �v�'�-�-r.�.oz --G'�t.4"-✓�2�--�-z`� � �- --- - %, .�".� n,tcz- 2� C[1�2.�Z'Zc�C✓rl Win, ./Ih. f'uc�a cL� �c.2Qe.�� . ,..�t'�ei LI�.zCL. -�C�7Z (ILvL G�e�1/{t-t�)fLJ�ze�rt2: • �Z!!-L[ .Q-(�jG - -- �iQ•�nLt�C77-L/ rn; - ✓ tet/ �:%L��. Ca/1Q2'P?20, �JQGi'✓.�l,0fi>, .2 G, -- ./7'L(�ic�TG�, �� .,�-c,��,GL�.c�'an �✓� �.co �ii.ec�-c�'achsd • - -- �2C0--- �L.c���- 6 .L2'- ���',(;'1JL�7]['72�X Q�lt-2�11.z�,/l.�! �pglZ�•. �n/�.��.Z•C (.^"c ,�J��e�[.G°72J /L�Z-Cl /'•2' �a�'12L�1'L7-�%� *�I)2d 9�ao _Z17, 1, - 02 ,2 Gaeltip .QcC ye) 92 �Z1 �m�ct��.�✓ ss�a�3 , 11-19 BRIAN D. LYNCH 4079 STATES AVENUE EAGAN, MItOMSOPA 55123 (612)-454-8443 October 9,,1989 Eagan City Hall Tom Hedges City Administrator 3830 Pilot Knob Road Fagan, Minnesota 55122 Re: Problems and Leans from Frontier Midwest Hanes. Dear Mr. Hedges: I am writing to make you aware of the problems we have been experiencing for Frontier -Midwest Hates. interiorFinishes: Veneer on front of breakfast bar does not match the rest of the stain color within the house. Exterior: Rear part of property has severe erosion problems,, .and all attempts to correct (performed by us) have, failed. Mechanics leans` North Metro Landscaping has placed a lean on our property for work they oontraeted with Frontier Midwest Hames. For the Amount of $508.80. I would like to thank you in advance for your time arra attention to this matter. Also I have enclosed 'a copy of the Mechanics Lien for your information. sincerely, Brian D. Lynch S MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON, FLASKAMP 8 BRENNAN W. O.FWMAMP ATTORNEYS AT LAW WILLIAM M, HART C 0. KNUDSON STEPHENJ FOLEY LO BLANCHARD KYLE E MANSFIELD THOMAS L ADAMS 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SHIRLEY OKRENT LERNER DAVID LORFIELD TIMOTHY W RIDLEY DAR♦ W, HOCM JAMES Y. RILEY MINNEAPOLIS, MINNESOTA 55402 WCTOPIA L, WAGNER LAURAJ, NANSOH JAMES F. POEGOE MICHAEL 0 HUTCHENS LAND PODNJ A.RICHAR . DHENO TELEPHONE 1612) 338.0681 JONN J. YFDONALD. JR. McOOAAL DONALD CHANCE MARK.JR. MARK J. XELEY ROBERT W FRAZEE AUR CUED ID nAcICE 4w N CHRISTIAN A. PREUS KENNETH W DODGE yA II3G`L.p ...AHFAII MAL J. YEAOER GPY Y. MAOSTROM YCMKLWFGIM IIYIOIA AND NYOD10N MARY M. OFPIEN STEVEN C. EOOIMANN - DAVID A,ANDERSON BRADLEY M. DOUGLAS J. YUNPHEAD WRITER'S DIRECT DIAL NUMBER ANES DREA A NELSON CHARLES E. SPEVACEK ROBERT E DIEHL CHARLES M BECKER DALEN LSRUER ACBE AT&SALMON JAY C RENTON ROBERT K VA .NBKLJR. MYMOND L TAHNRyOMNSON THOMAS M. CROUCH - CORTNEY 3. LDNEAVE L E. MEAGHER, R106-ID79 LEATMA L GREIN ARTHUR L GEER, 1900.10" JOHN C HUOMES September 27, 1989 MW DEER HOLMES yUaR R SHELLEY &SIMMERING ' THOMAS O L•IAXTON OF =UMBEL L L MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON II MARK COACHMAN A.W. NELSON TELECOPY 10121 3!0'0!04 TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KATY/,G Enclosure siinn"cce_ereely, Yeager-9� Karl J. State of Minnesota, County of Hennepin Karl J . Yeacer being duly sworn, on oath says, that _ he is the attorney for rof:NO^T^ METRO T.atancrsoTmr. INC -- i , the corporation which is the claimant in the within statements. that --he has knowledge of the facts stated in said statement by reason of the following facts, to -wit: He knows the same to be true of his own personal knowledge and upon information furnished him by the records, officers and employeesof; NORTH METRO LANDSCAPING INC. that ___be makes said statement at the imtance of mid corporation claiming said lien; and that the statement is true of h-j.L ona knowledge. NOT Nal--_ - SI tiv! Bally a. RICMrOson Kat J. Yeag ttorney for Nobry Pualic—NlnnasOla Clalmery�t7�, rNnn•vI^ County Subscribed and swamt fore me thin MY t:omm. ErD. 617At day a a A THIS INSTRUMENT WAS DRAFTED BY a hAruit OTARY URUC o MEAGHER GEER M EKL&M. MERSON, ADAMSON, FLASK MP S BRENNAN u tifoods Tower, 33 South -Q-- Minneapolis, thMinneapolis, MY5402 AFFIDAVIT OF PERSONAL SERVICE State of Minnesota, County of being duly swam, on oath says that on the day of .19_. --be served the foregoing MeehartiC' a Lien Statement upon (the owner therein named) (the authorized agent of the owner therein named) (the person who entered into the contract with the contractor)' by handing to and leaving with said — awe and correct copy thereof. Signature aprAtlAL etArl Oa YJL AR aFN[RTITLL OR RANRI Subscribed and swam t9 before me Chia day of 19 SIGNATURE Or NOTARY rUaUC OR OTHER OFFICIAL AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, County of Henn p, n Judy Backes of the ri ty of County or Hennepin _ , State of Minnesota, being duly swam, says that on Lhl,�day of centemh , 19�9q.. he served the foregoing Mechanic's Lien`5tetement or `"""""' t ` l 1 i =* e d nn Ar r a ehme ^ a Re r therein named) (the authorized agent is the owner therein mmedl )the person who entered into the contract with the contractor)* by mailing to said ._ __ , _ t h t horet•m a copy thereof by certified mail, M'nnea ol-L enMinnin en envelope, postage prepaid, and by depositing the fineino epeafs�--2I1 nt*aehmenpt hereto Minnesota • dtreeted to eatd last known address. at each said fee owner tsl a •�-- � •MNI ` NOFARIA 6T•M / Srtar! _fir Lary bic.M1ac00-�7j(,� �Nntary Pu011e—MlnneaOU Subs ed ands oro W before me this - — =s NannaOtn County de of �SEp -ser �'�, M. Carom_ E•e. a.v-9t y •straw wt paraeaa sot aDYlimSl•. --uoN•Tu • T.RT uua o. oFNu =rnnu I I I Illy I�Sc 112 IYtI f I� ..+ I S •= Ird oar C a e C e I fJ El •C w� r5 j c u9 I y o $ '09 mac V y o o ,'e y . Rena A. V A. � Z 4)s o o u g t pn i:O L B N ado o mm t)m �?yoy �9 °a, a U 4L •°'.mo oZ W .Lrr.l.. wYw eriTn�,lw.IMY Form No. 80-44 ;Hereby Given, That it is the intention of NORTH METRO INC. the laws of the State of Minnesota , with its address at to claim and hold a Gen upon the tract s of land lying is the County of See TIt1P of state of Minnesota, described as followa, twit: Attachment hereto See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for .the gum of see amount liened on Attachment noGars with interest thereon from the—• --&Y of • 19— That said amount is due owing to said claimant for Professional landscaping services • 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed in that certain improvement of said land described as follows, twit NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: 1: Tree and shrub planting; 2. Grading; 3. Sodding; and 4. Building retaining walls. That the name.—of the personforwhom and at whose request said material was lurniahed and said labor performed is ae follows, twit FRONTIER MIDWEST HOMES CORPORATION. a/k/ Frontier Midwest Corn a/k/a Frontier Homes a/k/a Frontler Midwest Homes C That the date of the fust item of said clalmant'e contribution to said improvement was tis AS shown on rhe dffxd a h e h r %i4 and the date of the Let Item ther"bUzr daf+m( h -_ __ .h_ ......h..e... herern .'Aa That a description of Cbe premises to be charged with said Gee. to the beat of said claimant's ability to as ArLs', the sans, is aa above given That the name—of the owner—of said land and premises, at the date of mating this statement, according to the best Information said claimant now has or is able to ascertain, isfapet as shown as That a copy of this statement has been served personally or by certified mail on the owner or K its authorised agent or the person who entered into the contract with the contractor within 120 days of the doing of the last work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice as required by Minnesota Statutes Section 514.011, Subd. 2, if any, was given Dated thief -&_day of September _ 19 89 Attorneyy foreNO 1'H TRO T nuns CA.lf '.s'n. tw V MECHANIC'S. LIEN STATEMENT ATTACHMENT DAKOTA COUNTY Street Legal Address Description 4079 States Avenue Lot 16, Block 4 Eagan, Minnesota Stafford Place 4085 Vermont Avenue Lot 18, Block 4 Eagan, Minnesota Stafford Place same date for first and.last improvement unless otherwise noted . � 1 Amount Liened and Fee Date 6f Owner Improvement' Brian D: Lynch $ 508.80 6/1/89 Robert S. Tyler $ 508.80 6/5/89 same date for first and.last improvement unless otherwise noted . � 1 October 9, 1989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Mechanic's Lien Frontier Midwest Homeowner Notice from North Metro Landscaping Dear Mr. Hedges: Several neighbors have indicated that you are the appropriate contact for the above referenced problems. Please add us to your "list" of homeowners with problems regarding mechanic liens served against their property. Following is our personal problem. North Metro Landscaping Inc. has filed a mechanic's Lien in the amount of $508.00 for 400 yards of sod work they did in our yard. This sod was to be provided by Frontier as part of our purchase agreement. He have absolutely nothing to indicate that we would be responsible for paying for this installaton. Should you require documents which indicate this please let me know as soon as possible. Any assistance that you can lend in reconcilling this problem is greatly appreciated. I have included a copy of the mechanic's lien as well my husband's and my work and home phone numbers should you require any additional information. Thank you in advance for any assistance you can lend. Sincerely, Ann and Daryl Reinhardt 4146 Braddock Trail Eagan, MN 55123 Home phone 687-0331 Ann at work 298-7598 Daryl at work 633-5150 ext. 285 MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON, FLASKAMP &BRENNAN W. D.FLN9AAMP ATTORNEYS AT LAW WILLIAM M, MART G D KNUDSON STEPHEN J FOLEY A. O BLANCHARD KYLE B. MANSFIELD THOMAS L ADAMS 4200 MULTIFOODS TOWER -33 SOUTH SIXTH STREET SWRLEYOKMENT LERNER DAVID OORFIELD TIYOTNT W. RIDLEY GARY W XOCH JAMES M. RILEY MINNEAPOLIS, MINNESOTA 55402 VICTORIA L WAGNEP -�AUHA J. HANSOM JAMES F. ROEGGE MICHAEL O. HUTCHENS A RICKLI) BUMO TELEPHONE (912) 335-0891 RODGER A HAGEN R. WEGORY STEPHEN! JOHN J YCDONALD, JR. DONALD CHANCE YMRJR, PARR A MELEY ROBERT M FRAZEE AVNDII0E0 TD MAG'fIC[ I.Y, W CHRISTIAN A PREUB KENNETH W DODGE Y WxD10fA.lONA,KAxBA ILARL J. YEAGER GAMY M. MAW TPOM YGpW,MMiM DANN. AND M%OYBH MARY M.ORPIEN STEVEN C.EGGIMANN DAVID A.ANDEASON SAA=M.. NES THOMAS U.STIEBER DOUGLAS J. MUTAHEAD WRITERS DIRECT DIAL NUMBER ANDREA M. NELSON CHARLES E. SPEVACEK ROBERT E DIENL CHARLO K BECKEP GLAN L BRUER ROSERT E SALMON JAY C. PENTON ROSEPT RFAFIMSKLJR RAYMOND LTANHK JOHNSON THOMAS M. CROUCH OORTNEY S. LANEAVE L E.MEMONEP, t00B-1BTB LEATMA L GREIN ARTHUR E DEER, 1905-10TT JOHN C HUGHES September 27, 1989 JUUE HOLMES MARK AWJONDEA EA SHELLEY A.SIMHERING THOMAS C. LEIGHTON OF COUNSEL G L MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON II MARK C BRENNAN A. W. NELSON TELECOPT 141121 338-8364 TO WHOM IT MAY CONCERN: Enclosed herewith and served upon you by certified mail is a Mechanic's Lien Statement to be filed on behalf of our client, North Metro Landscaping Inc. Money owed for the services provided as noted on the statement have not been paid by Frontier Midwest Homes, Inc., the party who contracted for the work. If Frontier does not make payment to our client, it may become necessary to foreclose the lien against your property. Please direct any inquiries regarding payment to Frontier and/or your title insurance company. KJY/G Enclosure Sincerely, Karl J. Yeager O,.1CC 1S Hereby E't)y 1� P?l, T...::::.:.�..: . .�.'.. '. :DSC tRING a co oration under the laws of the State of Minnesota , with its address at c1�n State of Minnesota, described as follows, tc w : ntz-mc-Ir.,en t heratn See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for the sum of see amount liened on Attachment Dollars with interest thereon from the --!—day of . 19 Thatsaid amount is due owing to said claim, t !or Professional landscaping services a 30th day after the date of the last improvement as specified on the Attachment hereto. furnished and performed in that certain improvement of said land described as follows, to•wit: NORTH METRO LANDSCAPING INC. provided professional landscaping services, labor and materials, including one or more of, but not limited to the following: Tree and shrub planting; Grading; Sodding; and Building retaining walls. That the neme_of the person—for whom and at whose request said material was furnished and irperformed is asfollows,to•wit' FRONTIER MIDWEST HOMES CORPORATION, e That the date of the first Item of said dalmant's contribution to said improvement was ohs as s h awn en *he &W -L he,a*n y18 and the date orthe last item thereof%hc ac chWAofchown nn *ha A**aah,nen* hu Te*n 'As That a description of the premises to be charged with said lies to the beat of said claimant's ability to ascertain the same. is as above given: i That the name—of the owner of said land and premises, at the date of making this statement, according to the best information said claimant now has oris able to ascertain, i~ --Ls s shown as the fee owner on the Attachment hereto which is incorporated by That a copy of this statement has been served personally or by certified mail on the owner or K i t s authorized agent or the person who entered into the contract with the contractor within 120 days of the doing of the lest work or furnishing the last item of such skill, material or machinery as provided by Minnesota Statutes Section 514.08. That notice es required by Minnesota Statutes Section 514.011, Subd. 2, if any, was given. Dated this i day of September 19 89 C.1 AAttoorsney for NORTH TKO Stateof Minnesota, County of Het n - - - e Karl J. Yeager - tieing duly sworn, on oath says, that_ he. is the _ within netemenG; that —�he has knowledge Wthe facts staled in said) statement. by reason,of the foUming iacts„tosit He knows 'the.same to betrue of, his own personal knowledge and upon information furnished him by the records, officers and employeesof NORTH 'METRO LANDS^_APING INC. that — he makes said suwment at the Instance of Bald corporation claiming said Req and that the statement. is true of b1& awn knowledge. Nines �a� ongewubl-c—maeamn. I tcg,�aNaa ennspi CoOmy ole Aerl J. Y ge d 'Attorney for N.^na^Gan 17 Claim My C:anm, E.p_ atret Subscribed and mom tobefore me this .. ,day of, Se e- - , 1$B_. THISINSTRDMENT WAS DRAFTED BY - - - nose ��� murmwcoaomu orrlT MEAGHER, .GEEK. MAR%HAM. %TbERSON, ADAMSON,. FDASKAHP i' BRE'RBRB u tI oo s Tower, 33 South 6th Minneapolis, M9560 sAFFIDAVIT OF PERSONAL SERVICE - State of Minneso, County of being duly mom on cath says that me the. day of - .1B— --be served the foregoing Mechanic's Lim Statement upon (theowner therein.tamedltlthe authorizeda Seat of the owner thereineamedl (the person who mterad'mto xmulu 0"' OR stat ea mxza nru oa Bute Sigoatan Subscribed and sworn tq before me this day. os . 1B nexenea[or xmur near os orx[e ornate ' AFFIDAVIT OF SERVICE BY CERTIFIED MAIL State of Minnesota, Comty of H nn vin Judv Baekes. of the City o5 Mi ==poi+= Count •.of Hennepin -, Slate of Mlnnesoca being duly eworq says that on the nay o/ S o inn r , 19 R9 he eervedhhe;loregoing Machmie'e Lien'Sutemenba fee '(=11'= ed nn -ate sr•hm=n{(th er thereintamed4lthe authorized' j agent of the owner therein named) (the person who entered into the contract With the contractada by .mailing to said a copy thereof by certified main, enclosed in an envelope, postage prepaid, and bydepositingthe aeroe in the post office at M: nr, ,pmt+ = Minnesota ,diraciedwsaid fee own-r--Isl on ae rw rhm=nt hereto' at address. xm exu ' cnerason 5igmture Notary pu014—Mian0a01B �`{'}.� Ha^moin Gsunn Subscribed m sworn tobefore me this MY Gomm. Era e. net day.ol1 a�(Cytersher •Strike OutWruom tlatapplicable. aez"e I•�E .L'$a o.'n "G �e Yin �O • d coq A O �.� .O •C.0 �. o�,C/i o, V. a Y in C t Y z Cm `o,= Big n'oW av " p a 3�pC Ey s Icos eZ m MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA COUNTY ' same date for first and .last improvement unless otherwise noted N, Amoun Liened and Street Legal Fee Date of Address. Description Owner Improvement' 4146 Braddock Trail Lot 48, Block 4 Daryl D. Reinhardt $ 508.80 Eagan; Minnesota Stafford Place 7/21/89 4145 New York Avenue Lot 47, Block 4 Frederick T. Jones S 508.80 Eagan, Minnesota Stafford Place 6/23/89 ' same date for first and .last improvement unless otherwise noted N, October 1, 1989 Frontier Companies 3902 Cedarvale Drive Eagan MN 55122 RE: Completion/Correction of Work on property located at,: 4031 Pennsylvania Ave, Eagan MN 55123- Stafford Development. Dear Sirs: On October 1, 1988, one year ago today, we, the undersigned, entered into an agreement with Frontier Midwest Homes Corporation to buy a home of'which they would oversee construction. We have made repeated informal attempts to;have certain work completed, and certain damage due to incomplete work corrected since we moved into our home on January 20, 1989. This letter should serve as our written request for the still incomplete or faulty work that must be done, as well as a formal filing of our dissatisfaction with the manner in which we have been treated by your company. The following items have as of today, not yet been completed according to the terms of our agreement with your company: Grading of our lot, with all slopes retained at a 1:3 ratio Construction of a concrete step inside our garage for access to the house Gift Certificate for 400 yards of sod. The sod has been received, but has not been paid for by your company Because these items have not been completed, even though we are now entering the fifth month since the agreed upon completion date for the escrowed items (grading and step), and over eight months since the date your company promised to provide us with the gift certificate., we have experienced the following list of damages: Approximately 150 yards of the sod that was installed on our property has been destroyed by flooding due to, improper, incomplete grading, and by the carelessness operation of heavy construction equipment We have been unable to .use over one half of our property. According to our agreement with you we should "not do any planting of trees or shrubbery prior to our [Frontier's]' grading". We have been unable to plant trees or shrubs, lay sod on the back portion of our lot, construct our deck, nor use our back yard in any other Danner A list of delays for which Frontier would not accept claims for damage was included in the construction agreement signed by your agent, Don Rockenbach, and ourselves. We note that the delays in the final grading of our lot, the construction of a concrete step in our garage, and the payment of North Metro Landscape Company by your company for our sod does not appear to be found on this list. If the agreed upon List of'delays does contain the reason for r which youcontractual agreements have not been not, please inform us so in writing within ten days of receipt of this letter. If, as we 'allege, it does not, ve,expect the following retribution to be paid within that same time period: Payment be made to North Metro Landscaping of the $593.:60 your company currently owes that company, thus causing them to discharge the lien which they currently hold on our property Cashier's, check in the amount of $600.00 so that we may subcontract for the construction of.a garage step and purchase sod during the next growing season to replace the sod destroyed Grading of our lot in accordance with the terms already agreed upon, and in conformance with the specifications of the plans on file with the city of Eagan since the development was first approved.I The compliance of completion is to be verified by both a city and lender inspector shortly after written notification by your company that grading is complete A.formal apology and explanation letter from your company on these delays and avoidances made torus by the various agents of your company We are extremely disappointed with the actions of Frontier. over the past several months we have acted in a manner which we consider more than generous,, giving Frontier the opportunity to rectify the situation outlined above "off the record". We can no longer be that generous, as time and again the message we have received is that Frontier does not intend to correct these matters without force. We cannot in good conscience recommend purchase of a home from your company, and feel obligated to warn the general public of this matter. Therefore, a copy of this letter will be filed with the Better Business Bureau and the Builder's Association of Minnesota if all above mentioned retribution is not addressed in writing to our satisfaction, or completed within the stated time period. It does,not.seem prudent, in the highly service oriented and competitive world of today, fora company to show such an incredible lack of commitment and caring for their clients. We hope, for the -future of your company, that you learn to better manage the business that you so eagerly seek. sincerely, Timothy and Minda Anderson F7 T0: Tom Hedges, City Administrator and Eagan City Council FROM: Mark and Laura Sletto 4110 Braddock Trail, Eagan, MN Lot 57, Block 4, Stafford Place DATE: October 10, 1989 RE: Frontier Midwest Homes Corporation As you requested at the October 3, 1989 Eagan City Council meeting, the following are our concerns regarding Frontier: 1) Potential lot problems: Attached is a copy of the survey map for our lot, prepared by Hedlund Engineering Services on February 18, 1988. According to Lane Wagner, an engineering technician for the City of Eagan, this map is the same as the original grading plan APPROVED by the Eagan City Council. The northeast corner pin, the only portion of our lot near the hill behind the houses on Pennsylvania Avenue, was measured by Hedlund Engineering Services in August, 1989 at 893.9. 'This differs by one-tenth of an inch from the 894.0 stated on the survey map. Obviously, the problem with the hill is not due to our lot being flat. Frontier created the problem with the hill when it dumped excess amounts of dirt down the hill. That excess dirt is not part of the original grading plan. The only "problem" that exists with our lot is that the southeast corner is approximately 4 feet low. Hcwever, that is of beneficial value since it changes the drainage direction away from the hill. We do not intend to pursue any change in this corner since the entire area., has been sodded. We would prefer no change in the southeast corner. We closed on our house in May, 1988; received final grade the end of October, 1988; seeded the back yard in April, 1989; reseeded portions in September, 1989; and planted trees in August and September, 1989. We have no desire to start this process over. We will NOT take the blame for Frontier's inabilities and failures; nor will'we pay the consequences. 2) Inspection problems: Attached is a copy of our building permit. The footings, foundation and roofing inspections, along with the rough plumbing inspection were never completed. The problems we have noticed so far have been minor; but we are unsure of any future major problems due to the lack of inspection. With the Frontier Development takeover of Frontier Midwest Homes Corporation, we fear the homeowners in Stafford Place will have no recourse for present and/or future problems incurred. The City needs to foresee these potential problems and keep whatever funds of Frontier's it has access to, in order to take care of Frontier problems. Engineering Services 9201 East 8loomingtonFreeway IHedlund 'Surveyors Top of Foundation .899.4 y a9 Bloomington, Minnesota 55420 Land Civil Engineers Land Planners Phone. 888-0289 AW Surrewrt eediAute IAMfff BOOK_ PAGE_ JOB NO. SIR -55 SURVEY FOR: Frontier Midwest Homes Corporation DESCRIBED AS: Lot 57, Block 4, STIAFFOPM PLACE, City of Eagan, Pakota County, Minnesota and reserving; easements of record,. 033 -85 c;3 1.`, 7 / W N< CERTIFICATE OF SURVEY \Z I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. b Date: t / Is / as ren, License i4a. 14376• PROPOSED ELEVATIONS v i Y Top of Foundation .899.4 y a9 Geroge Floor .899..0 o , Basement Floor .•896..2 Approx.'Sower Srvioe ,Elev. a btt k Proposed Elevations r �) '3 Eiuting Elevations ,q Drainage Directions ...,,,.� OAcres Offset Stake � O' J3 ./ P \ 2 .0 . \ \ QaS9 e �q W N< CERTIFICATE OF SURVEY \Z I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. b Date: t / Is / as ren, License i4a. 14376• C> Required Inspections 1. Footings 5. Insulation S -> > 6. Fireplace 2. Foundation 7. Plumbing: Rough Final 3. Framing iL-22 S. Heating: Rough r` 4. Roofing 9. Final NOTE: House Numbers Must Be In Place Before Finaling. A5Is: =x-100 .. .l' Ijp�IVFy �fpT 4�hril S a. � _ S .q � ��{;:Jni'i�'.R�y�YY. i� �`.' , 5. ry^'y'dy��. �+ i7�., Nr�• . KENO TO: TON COLBERT, DIRECTOR OF PUBLIC WORKS DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT KEN VRAA, DIRECTOR OF PARRS AND RECREATION JIM SHELDON, CITY ATTORNEY FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 4, 1989 SUBJECT: STAFFORD PLACE At the October 3 City Council meeting, action was taken to direct staff to prepare a list of reasons declaring Stafford Place in default of the development agreement. Residents of Stafford Place are to prepare in writing their concerns and present a letter or statement to the City Administrator's office no later than 4:30 p.m. on Wednesday, October 11. Realizing this matter is a default of the development agreement, I have asked that Dale coordinate the issues and prepare the default notice with your assistance. Dale will more than likely categorize the issues that are addressed by residents into Engineering, Parks and Community Development and ask that you prepare some findings for his memo/report to the City Council. Unfortunately, the time frame is tight realizing that the City Council will determine and establish reasons for the default at the October 17 meeting. Please see Dale for further information on this item. City Administrator TLIi/ j eh � l /l/9 -11-01 LZ C?Q /�E'c'6r172./IZZi!"�c� �..�� ���" �i"•-��c.� yLG'7�...z /l•�r�.le (:?3 Dear Mr. Fitch Dept. of Engineering 'City of Eagan We wish to be on the City Councils agenda this Tuesday Oct,. 3 1989 during the business session. I have pertinent information to relate to our Council regarding the grading of Stafford Place Development in Egan. r, �7 Im John T. Glynn 4027 Pennsylvania Ave. Eagan Mn. 55123 (14 23Alkl- ��n��R7 - yA Y6a� -AOL 4128 New York Ave. Eagan, MN. 55123 October 5, 1989 Mr. Hedges: I would like to thank you for your interest and cooperation in working with the situation at Stafford Place. I hope the Council appreciates the deep concernthat the homeowners have. Frontier has left all of us with a bad taste in our mouths and we trust that with the City's help they will be held accountable to perform. Per your suggestion at the City Council meeting I am outlining my concerns as it pertains to our property. We closed on our house in September of 1988. We never received a final grade. As a result we have experienced a great deal of drainage and erosion trouble. Our lot contains a storm sewer drain which collects run off from the ravine that runs through the development. This drain, cannot handle the run off and as a result we have a lake in our yard. everytime it rains. Hedlund Engineering has told me that even with the revised grading and drainage plan this problem will still exist. This Summer we were told that the ravine would have drain boxes that would collect and slow run off. This is no longer part of the plan. . The grate on the storm sewer drain is broken. Frontier broke it when they were moving dirt this Spring. We brought it to their attention as well as to the city. To date nothing has been done about it. There are many children that play near the drain. I shudder to think what could happen. I cannot stress strongly enough that the broken grate has to be. replaced! At the City Council meeting I was dumbfounded to discover that the revised drainage plan had not been approved by the city. Frontier is out moving dirt and apparently no one is supervising. We were told that engineers would be out making sure the job was done right. I'm deeply concerned that Frontier's work will again be only a band-aid approach, done as cheaply as possible. We will continue to have drainage problems, Frontier will pull out, and the problem will remain. The front of our lot is also a problem. We almost were flooded out on the morning of September 8th. Water rose to within 5 feet of my front door. The water got so high it started to run between my house and my neighbor's. This saved us from being flooded. It was just luck since Frontier never completed the proper overland drainage. No swales were ever installed. The water got so high that night that it just ran everywhere. What is going to happen when we get a really big rain? At our closing we were promised 400 yards of sod installed. We recently were served a notice that a lien may be filed because Frontier hasn't paid the sod, company. Frontier has responded that title insurance will cover i't. There i•s some question whether the insurance wi=ll' cover this type of 1'ien. As I mentioned at the City Council meeting we enjoy living, Fn Eagan. Th,i,s is where we want to raise and educate our ch',il,dren,. 'Unt,iI we ,get these problems resolved, however, every day that goes by is a reminder that these problems are ccnt,Lnuing. It is beyond my comprehension that it has taken over four months for any action to be taken. It has been very little action at that,. This is causing everyone more stress than they deserve. I hope we can resolve these issues soon. s i'ncerly,, B,l.alne 'Duxbury ME Ci!, of Ea^an Ea _;n City 1--n;nci1 Ea.oan. Minnesota Ref: Frontier Midwest Homes Dear Council Member, This is in reference to 1�'b? reauc—sting written the council meetina held in Octob-r complaints or problems with Front7.Er `.!o -t rig=m i i e r .are IecE i':'1 ng mechanics 11 ens ti-om ?LiL•- _pri? I a1, Lnr= b•II'1•_' '_onEt.1,11Cted our homes. Frontier Home=_ a.i F not 11'i._ LI,Ei4 l- Or, r3C t 1,s f o i wOl'1', preformed. As per t.hc at - '.•&[.PAF';. _ r. E: I',"_r=i`1Ed two 11 er1e. One lien tollands C a G'i 1,K: 3:i}. alli�l'.ha l" Ocie lOr t•1 �. I'+.?OI: !di'n'e WdV !. 0the l' 1) gl'Itri �I'q l:. _ !'Z r.r']'.'d';i in'_!la.nics 3aens i'C',I' j'luml:.ing; _:as pool -up' ' -1i i,js11 �i r!nt l sr Home'. 1 col IEC ti no the • mon•3`_r f r(im t.li:3 re nct 1-!avi na t. hear Cont 1, ac tnl"'s. Liu I'a ri_i lily- In I`1 .+!rl'1. 1we =ondVC ted a title Cea,!ch. of C:j C— lir, 17 I.'E ._r.' __.. HGb„ ,. .:n t -i E' NE'bJ fiOII!E'O b: rl E'r %E ��r C. E'CLEiS a s"1 I'1_L r. tit i. I'I ::. '- f'.'! ti cs 1r_`d 1-118'! that F I'6ntiel Midwest Home's La- at' fer-•I•.r:el .hi,:• to EtnOth_1' 1,16.111_ e1, _61111.', ny s /.a!l',-f E1" lil oWf-r! E.h F, Will Ii4 `✓e thE:'�I O 111 .1,O_l'IE.I- '-•' W �...r•lr_. icr: i=d_•rl• ��!-tc'Imcd to their I.,ICPE,rty. 1 am req'_estirl•,=: .:'1. =:!!i ,Df t 11,.. r•' lop!.' 1n to thiE ma: L to i' and pi eve11L a"i'j t.:kI e ..l1 ol.'t_tand J!'Io dEbtE.. ale paid. Even tIEE=anCJ ``=CMe deb Ls will be in order. IUUI atteat-io!I and respond in this matter will be high ly' rrt_ro;:.l ia.te. I will gather other homeowners to attend the Oct,a- b,-! 17th meetlna. Sin'�erE]'•: �1a10 °�i �rILE Ola Perin;ylvania Ave. 1.114 5612= -'111!11'2: i!1i11pfj 'I EEiL-G!7�.j Uf f '. =e MEETING OF OCTOBER. 37, 1989 From: Gordon D. Multz 8 Donna J. Daun /� /J3 1016,M 4013 Pennsylvania Avenue Stafford Place - Block 4, Lot 4 1) EXCESS AMOUNT.OF FILL ON BLOCK 4, LOT 3 It appears that when the basement was dug for -our home the dirt was not hauled away but was pushed onto the above mentioned lot. We would like the excess dirt hauled away and the lot brought to grade as shown in the platt. Currently the'dirt from Lot 3 is washing down onto our property and our sod. Frontiei's•position is to do nothing until the lot is sold except put bale"s of hay on the lot line. This will not stop water and soil from running onto our property. Their solution is not acceptable, excess dirt must be hauled away and water drainage bi as if a house is built on it. It should be noted, that this lot is the only unsold lot on our side of the street,. 2) HILL IN BACK OF OUR HOUSE Since the purchase of our home (July 1988) the hill has been altered' from a gradual slope .to, in our opinion a very steep incline. Why this was done, we do not know. What we do know is that truckload after truck- load of dirt was hauled .in and a bulldozer created this hill. There were a few nice size tree's on the hill at one time but they were buried by the bulldozer. This hill was created without the consent of any home owner. Soil erosion.and water drainage are bid problems. Water drainage starts most likely with the property that is on higher ground. Any city approved plan must address these problems along with the empty lot -next to us. The lot next to us must be sodded or seeded in some way to avoid the dirt from washing down onto our property. The same is true for the hill. As a suggestion - build a retaining wall between ,our property and the empty lot, 'beginning at the end of our house 6 ending about where the hill starts. 3') IN SUMMARY, ANY CITY APPROVED PLAN MUST ADDRESS THE FOLLOWING A) Water Drainage B) Soil Erosion C) Block 4, Lot 3 - Bring to grade as shown on Platt D) Hill - Put back as shown on platt E) Sod and/or seed all areas where water drainage can cause soil erosion F) Pian must be completed this fall to avoid water drainage and soil erosion problems next spring G) T4ee replacement - At least three (3) that we know about H) Survey all lots with hill in back 6 mark lots with metal stakes Note: Because of Frontier's mis-management of this project we have not been able to finishourdeck nor have we been able to do the work on our backyard that we had planned to do this spring 6 -summer. To; To.^. Hedges Fr on: Robert & Candace Lynch 8$4 Ventnor Ave Re; Frontier i:idwest Homes Corporation Dates Cctober 6, Ic8y This is A List of Problems And Concerns we Have with Frontier Mid.iest Homes Corporation. }fail pops throughout the house -Screens blow off windo::s,as some were broken ..hen .is moved in. At the tirie we did not take then off and check then. -Countertop in Kitchen is co^.ing apart at a corner, -Aluminum Siding on garage was bent when we moved in It has never been fixes -Overflowing on the corner of York & Ventnor, Backyard has never been propErly grade -1 causeirg erosion problems, -large piles of dirt are dumped onto enty lots,grass and weeds gru.- there and are never cut which makes the ::hole development look HUAPIi_ ..,hare a ho.._ has not been built. Lien on cur hone for 508.80 froNorth ietro Landscaping Inc. On Lien it says our sod :;as laved 6/Z;/ :'nen actally our sod xas layed II18t_ 1;e hop=- can help us '.rit.: are cor.cerns, Curs might seer, stall to you but all C7]r javin_S are ;,iE� up _n this h0�.-.e. �:le boL`_ht in ZAGAn because i:E �hrO7�ht it >:ould be a'GrEat -ce _..__E cur Ecys,Eut At this tire we feel as ..-e have been taken as it was -..e Z_`.y ii ..'O __.•Je ,ron,ier Li:i Fest Homes the licenses .. tic; Enable:. tne- to Fieri_ STCF --. fror: dciaa _ae same thing to othe people. '.'ork ;t 627-2e56 HOME # 688-7828 `ore # 688-7b28 JUNE BEHREND RAHMAN 4120 NEW YORK AVE. EAGAN, MN. 55123 TOM HEDGES CITY ADMINISTRATOR EAGAN CITY HALL 3830 PILOT KNOBB RD. EAGAN, MN. 55122 DEAR MR. HEDGES, THIS LETTER IS IN RESPONSE TO THE CITY COUNCIL MEETING OF OCT. 3 IT WAS INDICATED THAT YOU WANTED A WRITTEN LIST OF CONCERNS WITH STAFFORD PLACE HOMES, AND WITH FRONTIER MIDWEST HOMES CORP. MY NAME IS JUNE RAHMAN, AND I LIVE IN STAFFORD PLACE AT 4120 NEW YORK AVE. MY HOME PHONE NUMBER IS 688-7597. MY WORK PHONE NUMBER IS 924-2932. I AM ENCLOSING A LETTER THAT I HAD WRITTEN TO FRONTIER IN THE PAST. IT WILL TELL YOU OF SOME OF THE PRIOR CONCERNS THAT I HAVE HAD WITH THEM. SINCE THAT LETTER WAS WRITTEN, THEY HAVE FIXED SOME OF THE PROBLEMS, SOME OF THEM THEY HAVE NOT. MY SERVICE DOOR IN THE GARAGE WAS FIXED SHORTLY AFTER THEY RECEIVED THE LETTER. I ALSO HAVE SINCE RECEIVED THE SOD THAT WAS PROMISED ME. PROPER GRADING OF THE LOT STILL HAS NOT BEEN DONE. AS STATED IM MY PREVIOUS LETTER, I HAVE HAD PROFESSIONALS TELL ME THAT IF THE GRADING IS NOT FIXED IN MY YARD, MY HOUSE WILL SUSTAIN WATER DAMAGE. THERE HAS BEEN BULL DOZERS OUT IN MY YARD RECENTLY, BUT ALL THEY SEEMED TO ACCOMPLISH WAS TEARING UP SOME OF THE SOD THAT I PERSONALLY HAD LAID MYSELF. THE WORK THAT REALLY NEEDS TO BE DONE HAS YET TO BE ACCOMPLISHED. AS I'M SURE YOU'RE ALREADY AWARE OF, THERE HAS BEEN MULTIPLE DRAINAGE PROBLEMS IN OUR DEVELOPMENT. MY HOUSE HAS NOT HAD PROBLEMS YET, BUT AS I JUST STATED I HAVE BEEN TOLD THAT IF THE PROBLEMS ARE NOT CORRECTED, IT IS JUST A MATTER OF TIME BEFORE I DO. A NUMBER OF THE HOME OWNER'S HAVE ALSO RECENTLY RECEIVED MECHANIC'S LIENS AGAINST OUR HOMES FOR WORK DONE THAT FRONTIER HAS NOT PAID THE CONTRACTORS FOR. 1 PERSONALLY HAVE RECEIVED TWO OF THEM. ONE IS FROM NORTH METRO LANDSCAPING, INC. FOR THE AMOUNT OF $508.80 FOR SOD RECEIVED, WHICH WAS SUPPOSED TO HAVE BEEN A GIFT FROM FRONTIER. THE SECOND LIEN Ikl:---) � RECEIVED WAS FROM J&W ASPHALT CONSTRUCTION, INC. FOR THE AMOUNT OF $558 FOR BLACKTOPPING MY DRIVEWAY, WHICH WAS SUPPOSED TO HAVE BEEN ESCROWED. AS I STATED BEFORE, MY HOME ITSELF HAS NOT HAD WATER DAMAGE PROBLEMS YET, BUT THERE HAS BEEN VERY BAD DRAINAGE PROBLEMS IN THE CUL-DE-SAC IN WHICH I LIVE. THERE HAVE BEEN TIMES WHEN WATER HAS BEEN WITHIN A FEW FEET OF A NEIGHBOR'S DOOR. THERE HAVE ALSO BEEN RUMORS GOING AROUND THAT FRONTIER IS PLANNING ON FILING BANKRUPTCY. HOMEOWNERS OF STAFFORD PLACE ARE VERY CONCERNED ABOUT WHAT THAT WOULD MEAN TO OUR DEVELOPMENT. THANK YOU FOR LISTENING TO MY CONCERNS. I PLAN ON BEING AT THE COUNCIL MEETING ON OCT. 17TH. I FEEL ASSURED THAT THE CITY COUNCIL IS CONCERNED WITH THE PROBLEMS IN OUR DEVELOPMENT, AND IS READY TO TAKE ACTION. SINCERELY, JUNE BEHREND RAHMAN JUNE BEHREND RAHMAN 4120 NEW YORK AVE. EAGAN, MN. 551'23 612-688-7597 1 AUGUST 1,989 Dear W Oakes: This letter is confirmation of the many phone calls that I have placed to Cathy Nordby over the past several months regarding the condition of my home. After repeated phone conversations with her,. the problems are still not corrected. There are numerous small problems, but two main problems that must be dealt with. 1. The grading of my lot has not been completed yet, and I have been in my home, over seven months now. I have had a professional landscaper come out to look at my home. He states with the way the lot is now, I will very likely sustain water damage to my home. He is willing to testify to this in court. You may consider this written confirmation of the problem, which will be used in court if necessary. 2. The service door to ,my garage was hung improperly. 'There is about a 6-8 inch gap between the ground and the bottom of the service door.. Pictures, have been taken of this to be used in court if necessary. I think it's unfortunate that you get your customers upset to the point that they must write letters like this, and threaten attorney's, to make you live up to your contracts. I know that I am not the first customer to discuss legal action with you. You may consider this written notification that I am finished pleading, asking, and threatening. The work I'm talking about would probably not take more than 3-4 hours to complete. It's unfortunate that apparently you don't think it's important enough to do. I am keeping a copy of this letter for my files. If 'the work I mentioned. is not done within 15 days, I will consider it a breech of contract. Since your company has 'already known about the problems for several months, and I am giving you another 15 days to rectify the situation, I don't think this is unreasonable. If it is not complete in 15 days, I will assume that you have no intention of l03 living, up to your contract. You will then leave me with no alternative, but to turn this letter over the the Better Business Bureau, the FHA, Channel 11, WCCO I -Team Channel 4, .and my attorney. Your advertising represents your company as being a reputable, quality builder who gives customers their money's worth. As a customer, I' find your workmanship is not quality, and your customer service 'is not reputable or responsive. I sincerely hope that this is a large misunderstanding, ,and that you have every intention of living up to your contract. If not, you will leave me .no alternative but to distribute this letter to the above mentioned people. I will also leave a sign in my front yard, next to the water stick that is still sticking up in my yard, stating my feelings about your company: ,I hope that it does not come to this. I just thought I would let you know in writing what my concerns and problems are, what I expect to be done about it, and what my actions will be if it is not., Sincerely, June Rahman TO: TOM HEDGES CITY ADMINISTRATOR FROM: GREG S CHRIS TAMBORNINO, STAFFORD PLACE RESIDENTS) HOA:E PHONE 688-6419 WORK PHONE 571-4801 DATE: 10-05-89 847 VENTNOR AVE.(LOT 30, BLOCK 4, EAGAN, MN 55123 MR. HEDGES, I would like to first thank you for your concern with our problems we have with Frontier Midwest Homes Corporation. LIENS: North Metro Landscaping Inc. filed a Mechanic's Lien dated 09-27-89 in the amount of $508.80, for sod that Frontier didn't pay them for. GRADING: The surveyor's Certificate we were given at closing was dated 07-11-88, this certificate was not an accurate one because they had revised the survey on 07-12-88 without our knowledge. We were only able to find one of five lot markers that were to be in place. We asked Frontier for assistance and all they said was to "go and buy a tape measure". Our lot had been graded and re -graded approximately four to five times, each time changing the shape and pitch of the lot. I had asked Frontier if it was ok to sod our lot they said yes it was ok. I did this to make sure they were done changing the lot. The machine operators that worked on our lot never used a map to determine how it was to drain. The poor grading left a valley on the north side of our lot approximately 20' before the property line, and runs the entire length of our lot from front to back. EROSION: When it rains, lot 29, block 4, Stafford Place dirt washes onto our newly sodded lot. We have to rake and shovel after most rains. WOODWORK: Thereis a wooden spindle that was installed upside down. We have been asking Frontier time and time again over the past year to get this fixed and as of this date they have not done so. SIDING: There are areas on the aluminum siding that have dents. Frontier assured use they would have them fixed, again they have not done so. Don't hesitate to call if have any questions. Thank You / jL r J Greg D. Tambornino c•: October 9, 1989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: Frontier Midwest Homes Corporation Dear Tom, As a owner of a Stafford Place Home we are responding to a request by the Eagan City Council to concerns over Frontier Midwest Homes Corporation. We moved into our home in October of 1988 and it has been a very uncomfortable situation, especially since this is the first home we have ever owned. Presently we have two concerns and they are: 1. Major foundation cracks in our basement and across the basement floor. We notified Frontier at the beginning of June 1989 with a Home Buyers Warrenty claim form. Nothing has been done about the problem except a few visits to our house by people that offered us absolutly no answers. I realize that this may be a problem that you or the City Council can't help us with. We have followed the proper channels in trying to solve this problem. The City Council should be aware of Frontiers inability to take action to solve problems. 2. Since we moved into our house in October of 1988 our property has yet to be cleared of mounds and hills of dirt. We have been unable to do any decent amount of landscaping because out property lines are covered and unreachable. I've called Frontier(mainly Paul Oakes) many times on getting our land cleared, but as usual they have sat on their hands and did nothing. Every time it rained hard our back yard of our house had standing water for up to 3 days because of the drainage off of the huge hills. My wife and I have lived in Eagan since 1986 and are very happy here. We have heard nothing but complaints concerning Frontiers inability to carry their job all the way through. Were hoping that their not another "take the money and run" corporation. We will both be in attendance at the October 17 City Council meeting. Thanks for taking time to read this. Sincerely, Pete and Jean Busch 821 Shortli'ne Eagan, Mn 55123 Home Phone 688-7490 Pete Work 332-0040 Jean work 9-27-7004 LX A.:4.3 / , ! -O r N 3930 &LICL4, Mn! ss� as wt � o r••. . Ates. J.�. f p. s-A�44J /14-C 7 (AA;.r14,:J W e cu ge. �/oysc i� •5 u fern + a_ wr, 44ni 1, s ! `' &� t.:a.,, s /�/.`.I!l d`w: �/&A'o o.•, '1A.4 A A.✓wr ,lis V4v"4 M,%veY! (,sU.`�' lr.�..c 61rw /o/ftr/'tj. k/F cru 4. ,, \c L i tj rnoaf%l arema X:n;4. rA 1 Know Tl4Ft 1 -T'S A; o7— /UoiewL� i s 6e c Psf 6•� �e - .� /rare pveN UNa�(¢ � �i[�' r� k;iti � ,sf G � r kwts ICA 6000e 14V.C'C'�e D" CA., Ari oaf 5,-p cel e 17 , yo�o SA%A,-i Aje. e"� �� f�N � itiiN 55/a 3 W134- j3,.uct iit=�L-•LSL e'1.u�1[, s,., j.a,i:a 80 Vi—y9i :1-40A=,ad711 2260-3SL WWOH' :4e pa:4=t4wo all ut:= am suolgsanb Aue are a.,aallq }I 's GUlgooy al.1q gS'L1,1} ['ill's '.j=nigs"OD .\'[OadoJ4 .jou PTP xag4 [aa} am •pa=ald a.de sEulloal ally }oils aq4 4e quawo&Eq oul ul C a10 al rz: ns 6"laas we _m OSIV-uaqun= still eade 0qj Moll pl.le :1•IT.p Orn ll'L ?.i"w aq4 pa[Ilr Aag4 pile a=vIda.11l w ,lop U! w6uTIOUJ Ind I611lO1J Pcll ,Aq .. "4o[ Ana I..Iejuj+ o; aW14 alOWE Wal..l:j. WAY6 a/\eq aM JaZI pUe 5q I00U1 2T Jo+ awaq Ann UT Uaaq •-xqq am ;41nmaj 01, peq a.••elj 4nq [.v.'•.i wa—1 aq :}•,[p a1.1 _'F law 6U!gsa'nbaa s%iW14 lvd,.as r•5['IU04j pc]:ji'ciu? O"E4 0.1 10 JO I..1:1'nW 'j.so'[ an1:q am engj 04na+:ll';dd ,I11:! 10 .Iapl.11e Wa., MqQ PASS Q Wl0 oq alga u._aq :LOU aAsq am 61alp Ja punow sti•I.I:L J asn_=aq Snid 'p.rNA13•..I u'[ Bujq}js lljgs q,dlp Jo punow e? ej ajagq :13e} -+y ul anp _a111a Q iadowj ano :de} Mo1..1 MOU4 qou op am ' p. eAMjvq Ono c," f.pi.,E pal u i u l f aOnsll ^cell [ •. pas ano pap'l oo ld qn [ qu -011 Eu ds=spuel 004aW g4snN Aq Qwado.dd Ono Lao usi l e paAMBS 1.-3..acj a•.ay GM I 53H0H L53MUTW :J 3I LiMHd °cf3(I""Illns dInU I.IT eW SPIJ'J:',ND i 610 'Al (33VAJ QAWAV13i AV JON I.[J3� , 098 801AVI AGNIJ A 13VH3E I ;1.OJJ PIHJH3 JO !.lID ;(l1. 6861`01 a.J:.190L.J0 =31VC1 HONORABLE MAYOR VIC ELLISON AND MEMBERS OF THE EAGAN CITY COUNCIL We are the residents of 4027 Pennsylvania Avenue, Stafford Place, Eagan, MN. We have complaints that fall into two categories. They are under the categories Gripe and/or Dissatisfied. These are important issues and need to be addressed immediately. Our utmost concern is the hill behind our home. We were assured by our agent, Don Rockenbock, that our lot and adjoining property would remain in its present condition as we viewed it in April, 1988. We advise you to view Jack Foley's video tape of the site. This original property was a rolling, contoured hill with a slight climb. We were especially pleased with our lot selection and we were one of the first buyers in Phase One of this development. This hill began to change shortly after we moved in with the addition and spreading around of what Mark Parranto of Delta Development believes to be 400 truckloads of dirt per our conversation on October 5, 1989. Both Mr. Parranto and Paul Oachs of Frontier Homes, Inc. have admitted the landscape has changed drastically and we quote, "would not like it either". We believe the soil erosion problem is being addressed but our greater concern is the increased height of the hill, as much as 13 feet in spots. We advise you to check the elevations from Randy Hedlunds most recent survey in comparison to the original figures. This added height and the placement of the hill to the west essentially robs us of our daylight and solar heat. Additionally, the questionable state that this hill has been in has effectively stopped us from landscaping and improving our property, directly affecting its resale value. Under the Gripe category, we have a load bearing wall that missed its footing and managed to pass City Inspection, we have pictures of this. Frontier Homes spray painted our house on a windy and later, a rainy day. This resulted in paint on our shingles and scratches on our windows from Frontier Homes callback crew attempting to remove the paint from the glass. Also, a large portion of the sod we managed to get washed away during a storm. Additionally, we have repeatedly complained of a metal rod sticking up above ground on our property line. In conclusion, our Mayor, who's platform has been quality con- struction for Eagan, needs to take a close interest in how builders are satisfying homeowners. It is extremely irritating to see Frontier Homes continue to build more homes with out- standing debts, unsatisfied liens, bogus promises and a pacifying attitude. We urge you to mandate that the hill involved in Block 4, Stafford Place, be restored to its original grading plan as approved by the City of Eagen. Mr. and Mrs. John T. Glynn of aagan 3830 PILOLKNO&ROAD MC ELLKON EAGAN. MINNESOTA 55122-189.7 PHONE; (612) E54-8100 FAX' (672) 4548363 1/10MAS EGAN DAVID K GUSTAFSON September so 1989 PAMELAFA TKODD EW CHTTER Ca " rH/''�OyNVS.HEDGES ONibTY1 ftWV DELTA DEVELOPMENT, INC. EUCENE� Cw`FRBEKE 12940 HARRIET AVE. 80. SUITE 250 BURNSVILLE, UN. 55337 RE: 8tafford'Place Development City Project 9.87 -EE Grading Plan Compliance Dear Mr. Parranto: In reviewing the grading plan for the Stafford Place Development, it is apparent that the existing grading which has taken place within the development does not conform with the grading plan reviewed by the City and referenced in the Development Agreement. The Development Agreement identifies a completion date of October 15, 1987 for the proposed grading. As witnessed by last weeks rainfall, there are serious erosion problems within and adjacent to the development whichare attributable to the lack of compliance to the grading, drainage and erosion control plan referenced in the Stafford Place Development Agreement. Based on our phone conversation yesterday (September 7, 1989) you stated the grading was completed in a timely manner and the lots were turned over to Frontier -Midwest Homes Corporation for development. This may or may not create a conflict between the City and Delta Development. As you are well aware, the Stafford Place Development Agreement is between the City, Delta Development as developer, and Frontier -Midwest, Homes Corporation as the owners. A meeting has been scheduled for 3:00 p.m., Wednesday, September 13, 1989 at the City Municipal Center to discuss a number of items relating to the Stafford Place Development. Some of them are as follows: Site restoration �. Erosibn control maintenance ,/3. Storm sewer lines clogged with sediment Z THE LONE OAK TREE ... TME SYMB .H AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer ✓4. Compliance with grading plan referenced in Stafford Place Development Agreement. ,/5. Block 4 drainage swale and storm sewer system •'6. Emergency overland drainage swales The above list is not intended to be all inclusive for the outstanding issues relating to the Stafford Place Development, but provides the basis for discussion at the Wednesday meeting. If there are any conflicts with the time and date of the proposed meeting,'please advise. Since ly yo%ur�s,{ Mic ael P. Foertsch As istant City Engineer cc: Scott Oaks, Frontier -Midwest Homes Corporation Randy Hedlund, Hedlund Engineering Thomas A. Colbert, Director of Public Works Jerry Bourdon, BRAA Craig Larson, BRAA Craig Knudsen, Engineering Tech. MPF/jf �x)' -"b Q LL r1r)rrr 000 J.'( 14,1110 V,f .�, 0Gr .+k Uw" �z \_�QF.- "I rn. .r IV e 3C • e 'jlVLS +'tiaSt' 1zc'05 e - A c� L F --�.%—t� �' f ��,E .s c ,ry & nce� n5 .Iw,�l0rE b'W i n ` 4-A ke•n Q M f Yl 2 ILJ Li- Mf It Ta �0 v �1 John & Kristina Allen 4023 Pennsylvania Ave. Stafford Place Eagan, MN 55123 Home phone 454-74+3 October 10, 1989 Tom Hedges City Administrator Fagan City Hall 3830 Pilot Knob Rd. Eagan, MN 55122 We closed on our house on December 159 1988 and moved in tro days later. We were given a list of call backs (work to be completed after we moved in) as well as a list of escrowed items to be completed in the spring. This original list of call back -items was completed, butat an excruciatingly slow pace with many gaps of several weeks between jobs. The worst of these was the shower in the master bedroom. Soon after we moved in we noticed water coming through the ceiling in our front hallway. Frontier Midwest Homes tore out the ceiling, supposedly fixed the problem and plastered the ceiling. A week or two later the same thing happened. Over the next four or five months they (Frontier Homes) made fifteen or twenty trips to our house trying this, that and the other thing, in a attempt to correct the problem. It took until August of this year (eight months after we moved in to dis- cover the problem?) When they installed sheet rock, they neglected to pull the plastic covering before applying the ceramic tiles. This problem mentioned above is just one of many examples of shoddy workmanship in the house. Doorways and stairs and �a ar chways are crooked or offline, half the nails missed the beams that they are,supposed to be pounded into, many doors do not close properly, etc. As for the escrowed items, the paint job was applied in less 'than one day and looks it. There are spots that were not even painted, paint was spilled'along.the foundation,and,rather than clean it up they tried to cover it with dirt. I'm sure our house will need repainting in a year or two. We did get our driveway, but. there is a problem with it, which I will mention later in the letter.. Our sod was never'layed. They did have to wait until the driveway and walkway were in, but those two jobs were completed in May. ICt is now October and no sod, yet,.. The hill in back of our house is a disgrace, It is not graded according to the original plan the city approved (apparently it was built up to accommAdate the people living on the top of the hill), when it rains the water rushes across and through our yard, sometimes two o:r three feet ;deep. The erosion is so bad that we have 'washed nwt silt right up to our house. Also the storm sewers in front of our house are either incapable of handling large volumes of rain and run off or are so clogged with washed out dirt that they can't do the,job. Both Pennsylvania Avenue and Short Line are usually two inches deep in mud after any major storm. Forra week or so prior to your Eagan City Council meeting of October ?, 1989 Frontier Midwest Homes were out grading the hill in back of our house and supposedly were going to sod the hill and our property as well-finally. When the council brought up the fact that the hill was not graded according to the original plan, Frontier Midwest abruptly stopped working on the hill and began digging foundations on the remaining vacant lots in our development. To me it appears that they are focusing on selling off whatever properties they have remaining in this area, after which they will be long gone. Is it not possible to tie up thear remaining unsold properties (by way of your inspection department or some other form of paperwork or technicalities?) Also, I have heard that Frontier Midwest has other projects either planned or in development in Eagan. I think you should make sure they finish our development and settle these complaints of ours before you allow them to further profit in new areas! One month ago I notified Frontier Midwest inwriting of some further problems with our house which need to be corrected. To datc I have not heard a reply or been contacted by them. a"ESently we are still waitine for the following work to be cone house"or our ^.e_ -e are numerous boards on the side of the house that are pulling away from the house and need to be nailed down more securely. 7herc:are e:'_so many boards that are warped. Is this allowable under E'agan's City building codes? There is a dinner plate sized patch in our driveway that needs to be leveled or rolled out. It either heaved or caved in shortly after the driveway was installed. '3) There are two rug=_ inside which, are coming up and need to be secured to the floor. 4) :here is a light switch which gives off sparks when it is turned on and off ( a definite fire hazard:). God yet (and probably too late in the year to lay it now °houl^n't rontier S_dwest pay us the escrow money now (�44o-5Jo ^e.en6:ng on whose estimate you use; as collateral against it being lavcE� even-ually a= they failed. to deliver on their prom -*se? or `.s t.'.ere eln. .^.Er solution? '�"e'd hate to wait until the spring for _rontier Midwest to lay the Eod and find out at that ;_-e th-y were out. of cuusineEe or bankrupt. =hE :.ill behind us needs to be lowered, graded and socked. a ^a- _-Ease have Frontier i•.iCweEt grade it accord -'ng t-- .. . _.ri—I rla.. ,b'.^._C. would mean _mower':ng the hill' Or GU It yC,:r.E1. ati ..h.Erp,E ..^.ElftfOr i,. ..=11 1JJli r'eaEE }]ave OnE Jf Vi.l:r building inspectors Call me EE= U7 a:, appo'_n;.T.ent to inspect these items of work we still .._= d -^e zn ....n house. "Ge are particularly interested. in what --eJtorG would think of the condition of the boards on the c` hJ -. -hank you for your help, John&Ysis Allen 11� kJe ale. •UA, oe,,Q A At"kn-ca_ j 5a `l Sa g. %l er- A5 apt" »�2 C14A e a�o-� Fwd ler m vee `zeal a Qan P / � ltr-Q— U a %: r G t> L �a Pie >velle !' f h ¢.0 w ILQI Wv AU9 U_ "-A�Yoty aGbss W, 114Q. ti) FivmfiCf (^�-w.� vun ccmrZ,(n}s 4 n k) o. 6w,�,c c.Q;P s�-wov�a ��."¢.,+,�,p'10-�'� (JAZ II &ana l p 8� Cour n in d-p" 6 (Jme 64pf,om-s '1 p0-��t�/�1 �"" �tAev�I7`c� l ry `�� t'h2 fh 0`cC-X-¢_ n0 aye. QQ, � Cy<¢„ rcl C,,, rezj ;� f 1— "rt" � fo iw's Pam we4uo,�? . AA: � y081( Fo y �l? October 9, 1989 To: Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan MN, 55122 From: Scott & Nancy Darwitz 4128 States Ave Eagan, Mn 55123 Stafford Place Lot 12 Block 3 Home phone: 688-7832 Work: 726-0862 (Nancy) As requested from the October 3, 1989 city council meeting concerning Frontier Midwest Homes Corporation and we, the above listed homeowners, the following is a list of problems, concerns and unfulfilled obligations: 1. Lien filed against our property from North Metro Landscaping Inc. for sod installed and not paid for by Frontier, but included in the sale of home at closing. 2. When choosing a lot to build home we choose a flat lot, home was built and grading was not done prior to closing because of time of year (late Nov.), at closing an escrow account was set up for work not done and it was not until spring that we were informed that the back portion of our lot was to have a hill. At this time I contacted both Frontier and the City of Eagan Engineering Dept. (Craig Knutson) in order to straighten out the grading. (Once Frontier knows your name and complaint they will not return your calls or reply to your written requests.) In talking with Craig, and the subcontractor (Frontier was negligent in responding to us) supposably the lot was resurveyed after our commitment and we were not notified. So now our home was built and we were stuck with a hill. I feel this hill will bring future drainage problems into our basement and that Frontier was negligent first of all, to notify us of the change and then by not answering our complaint. The following items need to be fixed/replaced by Frontier per the final walkthrough and the first week of occupancy. All items have been discussed with someone from the Frontier staff either at walkthrough or through numerous written requests to Frontier's office. 1. Front door hits banister when opened, needs to be adjusted in order for door to open fully (This is the only item Frontier has fixed) 2. Basement steps -4 steps have cracks that could cause someone serious . harm and need to be replaced --all steps need backs (was noted by Ron) 3. Kitchen countertop on bar area needs to be replaced --has 2 circular scratches in that cannot be fixed (Jeff came 2 days after closing to fix and was not able to, said he would order new one --no replacement yet), 4. Water pressure is very low, washer does not get any hot water 5. Property line stakes missing & 2 screens have cuts in them --rear dining room, screen and back bedroom 7. Patio screen door --handle is defective 8. Other miscellaneousitems per wa'Ikthrough defective trimwork,2gouges in linoleum, sheetrock taping is defective and sheetrock corner beads are missing in numerous places. We hope that the City of Eagan can enforce Frontier Homes to abide by their agreements to fix our home and to pay North Metro for their services. We feel that Eagan is a wonderful place to live, to raise children, to join in community activities, etc. but Frontier has cast a thunderous„cloud overhead. Sincere , SA �A Scott:(& NancyDarwitz / �q C - DATE: October 10, 1989 TO: Tom Hedges City Administrator Eagan, MN 55122 FROM: Joh & Diane Lavin 4037 Pennsylvania Ave. Eagan, MN 55123 Stafford Place, block 4 Lot 9 RE: Property and home concerns .tie are very unhappy with the situation in our backyard.'. -ie are one of the houses located at the bottom of the large hill along Pennsylvania Ave. There is no erosion control back there so after every rain we end up with 6" of silt which has washed down from the lots to the east of us. There is no drainage in the southeast corner of our backyard which means there is always standing water in an area :reasuring 10yds x 10yds after every rain. It doesn't seem like any water is diverted in the lots east of us, so we end ur with the silt and standing water. we honestly DO NOT know what the plan is for drainage in our backyard. It seems to constantly change every month. Secondly, we have been trying since Aay to have our shingles re- placed. Our house was one of two houses which received a fly- by-night roofing job by a company not on the Stafford glace site anymore. They did not nail the shingles down properly so they never sealed. ..e have too numerous to count shingles sticking uD all over our roof. `rre also had a half -bucket of water come down our entry light fixture during a storm because no tar paper was used in that area. A number of nail heads are exposed through the shingles. The quality of the roof looks terrible and it's water tightness is untrustworthy. We need assistance on getting this problem rectified. John has had to chase down their current roofers twice just to get the ball rolling on this. Frontier says they want to make us happy but we haven't seen any action Atheir part to prove this. m Sept. 13, 1989 FRONTIER MIDWEST HOMES 3902 Ceda,rvale Drive Eagan; MN. 55122 Dear Frontier: We have noticed a chunk of wood missing from the kitchen window slider. This was gone prior to us moving in because the damageo section has been wood stained. This causes heat loss in the winter. We need this repaired before the cold winter months. We also need our kitchen sink looked at. It gurgles when the washing machine is draining- Could this possibly be from one of our vents or, t1 -,,e roof not bei'hg uincapped`? If you have any questions, Than: You. Sincerely, Dave u k.a t'en AAnye.rson 662 Ventnor Ave. Eagan„ MN. 551217 DA1/ t;s feel free to call us at 452-7657. October 9, 1989 Tom Hedges City Administrator Eagan City .Hall 3830 Pilot Knob Rd. Eagan, MN. 55122 Mr. Tom Hedges, I am writting you today'in regards to a letter I received from Mark and Laura Sletto stating the Eagan City Council is requesting a list of concerns for Stafford Place homes. On October 2., I received a, certified letter from 'North Metro Landscaping Inc: attorneys. In it was a lien for the sod I received June 5; 1989. The amount is $508.80. Attached its a letter I sent to F'ron•tier,Midwest Homes Corp. on Sept. 13, 1989 regarding a window that needs replacing and a plumbing ventilation problems. Frontier has not responded to either of these issues. In addition, my sidewa.lk and driveway is sinking. I have already patched a hole in the driveway wi'th tar. There i'n nothing I can do to correct the sidewalk. =f you could be of any assistance with these•matters I would be most greatfull. Sincerely, David A., Anderson 862 Ventnor Ave. Eagan, MN. 551.23 Home: 452-7657 Work: 455-1611 Legal disription: Stafford'Place LOT 8, BLOCK 2 enclosure DA3/ts �aa- OCT 11 189 12:44 FROM ST PAUL COMPANIES DATE From Facsimile Number: 61.2/223-2045 Pitney Bowes 8000 - Automatic 11 & 111 PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE T0: /1 4 v 1 oo +tec Telecopier Number: FROM: r r NUMBER OF PAGES: d- (i,ncl'uding, this cover sheet) PLEASE NOTIFY U5 IMMED1ATELY IF NOT RECEIVED.pROPERLY 1-800-328-21'89 ext. Thank you,. jam PAGE .001 0 October 11, 1999 To; The City of Eagan, From : Paul L Maggie King 4077 Pennsylvania Ave. Eagan, ISI 55123 Subject: Complaints Against Frontier Homes We moved into our new home in the Stafford Place Development on November 23',:1988. The. Following is a list of problems that still have not been corrected --despite the fact that Frontier has been notified in writing several times as well as by countless telephone calls from us and our attorney: _ * Exterior "foam"' insulation that was sprayed,on the foundation block is z racking on the back and the north side of the house:. This must, be repaired and re -painted. * Exterior paint trim is peeling. This most likely due to the fact that the paint was applied last December in temperatures below twenty degrees F. * Improper grading in the rear of the property, caused mud slides which killed approximately 30 yards of sod that we had installed at our expense. Frontier must dig out the mud and replace the sod., * Retaining wall which Prontier had contracted to be built in June of 1989 is already falling down due ,to faulty construction. Wall must be re -built. * Exterior caulking where foundation meets the frame of the house was never done. , Frontier Homes has agreed to fix all'the problems but have continuouhly made excuses auto why they have not gotten around to it. I am sure our problems are not unique, as I have.heard the same stories from many of our neighbors. In my opinion, Frontier should not be allowed to build any more homes until they have completed all the existing homes in the Stafford Place Development. If there are any questions about these matters, I -may be contacted at 421-7101 (work) or 454-0176 (home).., Thank you for your consideration. Paul R. King` �4 EL o b Q�- .f'"�� .ti.p1 55 1 ZZ yV:'� % ! S 1 � � �� l �•► a.� ..�atl\C r. (11i ltiV•' � S L= .� C- ;' ', � (rl ra.` ''.. r.1 t (A a(`'`"t Ik`�Ca` �`•1C �..._+'� :'1a�i. n� �4 �� 1a•�. •Jr tea•.+,. \rcvv% yrr-c `a�a.�;r �e .`S -C�.c a'i r.� \\4 a. ti�'� �t:. a a\ac•: k �.4: a : 4,a,.• F1�a skwti,p �. �.v+ina\a,+� cti. la�,�.c� `�, \,,.,•: _ ,�� kW�.+-� ewaiS b� �ro..l� r1�aJ,•ar— �1-�,i.y ra},.•�. \i to S.a. *�aC.aC,+-�a.,� „�e1el•.dse� b -A oiL�a„I� an ow. �\o ?c-t`a-,1 . .50s.%Z. �.,:.. w w � .� - � - .� «. Sam( a.._..b� Y a�"� , � 5 ems►. �tt..� Vi Y 4S.ja%--* ..k a �{...a L%tl Lt �....+L1 , La- `tea `7•a d+pc.r. �'�AOw� ,L•n:.w.� C.L i•�•••+► �`�-e.� Vi.-�s r.a•'►r� (ye,,::.. .�.: ...� a. a� u, � V®�....�c�s��i..o. C�eJG -- is b.�•. r1 �._ .�•ae:,-•a. too. �� �.c ,�.. �.- :moo:: • 1 p_c\C• .�\ } �J L�Gr�_.-•.-tet �•`�-\ .. �wt`.L �1ti].�.C.\Ce. "ti"C lJ��•._S% e� �..:. C[a.� e�. CkL.�. C.k �. c v .i i1c- C,- 40 40 �+_.p C� o�•�..-k u� ��� CiTi,.�-r.. .`�'-�� bort ` _ _ tt V .6. lt�--•.•�e�r-�- y,aliD ' In., W� Z�`+-1.. V..-�.Li�L•SD-•�J . ��u.._.� ' � a (til\ {•\iJ�VL\. �..li...�1 ur�....s �'�• �a::Ca �,r Lw.<'•�.S-� d -,.r,• A. -. ��.� C��- •. :'�:..{ M '�L 1�t•.:....v�� `L11`�R•�rV.` �Car� '1Z� � e��til'� C �p�C _E i\•�' o ,1 : C 1�f C��� .' Al C ,��� \ C t �• i`hc _� '63C'�.ti%c vac +�,�� .l' �•icLW CC..C_ �1tLL ••- �I oma. ^ d.v.5 .vti.�, -%:.- h �t.�.�- •.•..•, October'8, 1989: Tom Hedges City Administrator Eagan City Hall 38370 Pilot Knob Rd Eagan MN 55122 RE: Stafford Place Residents list of Grievances Dear Mr. Hedges: Over the past seven months we have made a multitude of phone calls to Frontier Midwest Homes Corporation to resolve the issues listed below. During that time we have never officially been notified of any efforts to resolve these issues, nor have we had any communication from Frontier that indicated the least bit of interest in.resolving these issues. In the city council meeting held October 3, 1989 a request was made by the council that each homeowner in the Stafford development prepare a written statement of concerns we have regarding completion or correction of work to our property. Please consider this letter our list. Our greatest concern is that the grading of our lot has never, to our knowledge, conformed to the approved grading plan. This has resulted in: Flooding of our yard Destruction of our sod Water leakage into our basement Excessive erosion of our property Damage to our air conditioning unit Noxious weed growth in the backyard Delay in our ability to construct a deck, plant gardens, trees or shrubs, use our backyard in any manner Another concern surrounds the sod which was installed on our property by North Metro Landscape Company. According to the agreement between Frontier Midwest Homes Corporation and ourselves, "The seller will provide a gift certificate at cloning for 4'00 yards of sod, including finish grading and installation." As no gift certificate was given, to us, we had no control or knowledge of when or how the sod was .installed. The sod was therefore not laid according to the Landscape Disclosure agreement. (see attached) Nonpayment of the cost of sod, final grading and installation (the majority of which has been destroyed by flooding and construction equipment) to North Metro by Frontier has /a� resulted in.a lien against our property amounting to $593,.60. (see attached) Finally, a concrete step has never been installed in our garage. The contract and work completion escrow statement both clearly state this is part of our agreement. Our concern now,is that these matters be corrected immediately, and 'that future potential Eagan residents'be protected from the lack of responsibility that Frontier Midwest Homes Corporation has demonstrated to its community, customers and creditors. Our plea to you, and the entire Eagan City Council,, is to take immediate corrective action against Frontier Midwest. Homes corporation,, its assigns and subsidiaries, to the fullest extent of your authority. As it says in one of Vic Ellison's advertisements for reelection, "When you move pr build here, you can expect well planned developments and strict enforcement of building standards to protect the value of your -home." We are calling on this promise of enforcement to protect our entire neighborhood. Please do not allow Frontier- to escape their obligations to their homeowners, their creditors, and our fine community. Si cerely,� 4imothy and Minda Anderson 4031 Pennsylvania Avenue Eagan MN 55123 687-0514 home 3.72-1382 Minda at work CC:- Eagan City Council 6-7-88 FRONTIER MIDWEST HOMES CORPORATION Landscape Disclosure Seller will provide a gift certificate at closing for'400 yards of sod, including finish grading and installation. Front and side yards will be completed first, with any balance ,being placed to rear of home. In the case of an oversized,or corner lot, approximately IS feet of sod will be installed on either side of home before placing any to rear. I The purpose of this gift is to help control run off in the area and to create amore aesthetically pleasing neighborhood. This gift certificate.is in no way apart of the plans and, specifications,,, or the appraisal of thia.resdence. Seller will use best efforts to supply high quality sod, but will not ,guarantee or replace any deemed unacceptable. Date: Date: /O '�y0 Buyers cf owl 'gment Given, That it is the intention of uonrx MrTRO ■ torpontion under the laws of the State of Minnesota . with i4 address at 10150 Trail Have— Read. Rngers Mt„ ♦ as�7e to ci and hold a lien upon the tract a of land lying in the Comty at SeeTit 7 f State of Minnesota, dacibed u follows, tawiC Attachment hereto See Legal Description(s) on Attachment hereto, which Attachment is incorporated by reference. for the enm of see amount liened on Attachment Tonere with interest thereon from the day of 19_ That said amount 4 due owing to said elalmast (m Professional landscaping services ' 30th day after the date of the last improvement as specified on the Attachment hereto. and perlormtl ' n ®t of said land described u follows, Wwit: NORTH METRO LANDSCAPING IN provided professional landscaping services, a or ani-7IIaTerials, including one or more of, but not limited to the following; 1. Tree and shrub planting; 1. Grading; 3. Sodding; and 4. Building retaining walls. . y II That the s....i the pennon—for whom and at wham lsbwnwfwmed is fW&we.towit: FRONTIER MZ Frontier Midwest Coro a/k/a Frontier w Homes Coro. That the date of the first item of said e4lm.ne's eeetri6ntle. That a duciptlen of the ptemias to be Charged with acid lien. to aerials the mama is as above give and said . a/k/a revement was ten, ae shown e data of the last Item dureohtia M9 0 Met of add CWmant's ability to Tbet the ams e/ the Nwnw---d aid land and pswmius, at the data of making this statement, nanewding to the bat information said eLlmenc now bas or Is able to aa�tafq newt e s s Mown e s . f.. nVnCT Mn ♦h. 11♦�..,. a __ That ■ copy d thb statement hu beenswvtl pwweaBy m by cw WW =U en the owneror>« i t s authorired agent or the person who entered Into the contract with the tetntrattor within 170 days of the ddng of the but work or fltrniahiog'the Iad It® Of Nath 5M matWW or maehiowy as provided by Mlnoewta Statotm Saetion 614.08. That sotles u required by Mh=muM Sututa Section 514.011. Sobel. >; if any, was gives Dated ebls Z] A day of September lgB9 � aar9e�t� G _ Attorn/.eyyof NORTH T SIWDSYA?ia1C Tun State of County of Henna sworn. an oath.. says, that _ he is the the corporation which in the claimant in the within statements, that --he has knowledge, of the facts stated in said statement -by Leeson of the following facts, towit He knows the same to be true of his own personal knowledge and upon information furnished him by the records., officers and emplcyeesof NORTH METRO LANDSCAPING INC. that Jta mWm said statement at the instance of add corporation claiming mW lien: and that the statement is true of h11 own kaopledBs Nor ! am-c—Mlnnfwu Rarl J. Yq ge is" P" Attorney for i� w.^^aol^Loa^b Claim YrCornm. E.o.-&17-0t Subscribed and sworn to before one thia_2 day of( Se a '_ , 1L9_ THIS INSTRUMENT WAS DRAFTED BY YGNA r r:or.al MOUC ea oraca 0Mc" MEAGHERGEER MARKFIAM.EASON, ADAMSON., FLASRAHP.4 BRERIUM inti oo s Tower; 33 South 6th Minneapolis, M95402 AFFIDAVIT OF PERSONAL SERVICE State of Minnesota, County of being duly sworn, m oath says that 00 the day. of ,19— --be Nerved the foregoing Mechanic's Lien Statement upon into - (the,owner therein maned) (the authorised agent of the owner therein maned) (the paean who entered the contract with the contractorle by handing to and leaving with mdd — a true and correct copy thereof. Signature xor .., rtuvoa •.•�oa mxsamuoa ueu Subscribed and sworn t before me this day of , 19 ,lcNArvac or Noraal4N,uc on oresa omcju: AFFIDAVIT OF SERVICE BY CERTIFIED MAIL: State of Minnesota, County of Hannenin Judy Backers of the o1 Com of Henn nim State of Mimewta being duly swom,asye'that'on c.-1) jd. �_.._, Seohnmhnrr _ .1993. the served the foregoing Mechanic's agent of �the, owner therein named! Ithe parvo who =Lased into the contract with the mailing to said IPP -.. on attachmant a heroin tgPy'thereof I =closed in an envelope, postage and by depositing the saw in the poet office at—k Minnesota. , directed-tosaW fee- Own r Ie1 On a+ at each said fee owner',s - Wl Nor ay W. nidKirawm Bigwtun Na -fy iubl,C—Mlnnawla subscribed an wwwomm to before me meaaapn Cnenly aty,cugm.,E.o &1741 day of-°�RtJ'm,�.�— ! I % �. .Strike out.porcon,not appkeabl,. r a �o L za .$ _ 1. Id 199 L MECHANIC'S LIEN STATEMENT ATTACHMENT DAKOTA COUNTY 4031 Pennsylvania Avenue Lot 8,'Block 4 Eagan, Minnesota Stafford Place Timothy S. Anderson $ 593:60 first 6/6/89 last 6/28/89 same date for;first and last improvement unless otherwise noted (3y ESCROW AGREEMENT FOR POSTPONED REPAIRS/IMPROVEMENTS This Agreement made this 20th day of January 19 89 , by and between Frontier Midwest Moms (•Beller'), INVESTORS SAVINGS BANK. F.S.B. ('Lender'), Timothy S. ANderson and Minds K.M. Anderson ("Borrower"), and Dakota County Abstract ('Title Company'). This Agreement is made to ensure the satisfactory completion by the Beller/ Borrower of certain repairs or alterations to improvement ('Postponed Repairs') regarding the loan on real estate located ati 4031 Pennsylvania Avenue Eeaan. Minnex_ta 55123 and to cause the Lender to disburse the mortgage loan to the Borrower prior to the actual completion of the repairs. NOW, THEREFORE, the parties to this Agreement agree as follwsi 1. Postponed Repairs. The term "Postponed Repairs' Includes all of the following: (list In detail all repairs) DESCRIPTION COST Final Grade (retain all slopes 450.00 over 1-3) Asphalt Driveway 700.00 Concrete front stoop, sidewalk, 11000.00 garage floor, and step Paint exterior 250.00 CONTACT ESCROW COMPLETION DEPARTMENT AT 546-7222 WHEN ALL ITEMS ARE DONE. 2. Seller's/Borrower's Oblioatfons A. Completion of work. The Seller/Borrower agrees to complete the Postponed Repairs on or before the lst day of lune I 19�0 , or such late r, date as may be approved by the Lender and - N Borrower. The Seller or Borrower must notify the Lender upon ( completion of the work. The work must be completed to the Lender's satisfaction and in accordance with any plans speclflcations for =1�''I�-" } -• the work.CONTACT ESCROW COMPLETION DEPARTMENT AT 546-7222 WHEN ALL --- ITEMS ARE DONE. b. Seller's liability. The Lender and the Borrower each have the right to enforce the provisions of this Agreement. In addition, the Seller/Borrower remains personally liable to the Borrower ,a ',�i; .;u• for the satisfactory completion of the work free and clear of all liens. C. Payment for labor and materials. The Seller/Borrower agrees to .. .. .. � pay for all labor and material necessary to complete the Postponed Repairs. d. Deposit of funds. The Seller/Borrower has deposited f 3,600.00 constituting at least one and one-half (1 1/2) times the estimated cost (Minimum of 41,000.00) to complete the Postponed Repairs (Including the Inspection fes, If applicable, as provided In S.A. below) with INVESTORS SAVINGS BANK, F.S.B., !0801 Wayzata Blvd, Suite 300, Minnetonka, Minnesota 55343. e. Payment of additional cost. If the escrowed amount Is less than the actual cost to complete Postponed Repairs, the Seller/Borrower will pay the difference to the Lender within seven (7) days of the sailing of written notice to the Beller/Borrower. 3. Lender's Rights and Oblisatfons a. Inspections. The Lender Is authorized to employ an Inspector to Inspect the Postponed Repairs and to prepare a report stating whether the Postponed Repairs have been completed satisfactorily. The Lender Is authorized to pay the Inspector's fee from the escrowed amount. The Lender may rely upon the Inspection report in determining whether the Postponed Repairs have been completed satisfactorily" Page 1 of 2 LCA -001 (5/88) 3 3 In the event the cost of completion exceeds the amount • of funds in escrow, Builder shall within 48 hours of receipt of written notice thereof from Escrow Agent or Lender pay the excess cost to Escrow Agent to be added to the escrowed funds and to be disbursed under this agreement. If Builder completes the work as contemplated by, this agreement, Builder agrees to furnish escrow agent satisfactory proof showing that all indebtedness incurred by reason of such work and material, furnished has been paid. Any inspection fees or -recording fees.in connection with this.escrow are the responsibility of the Builder and the payment of such fees will be taken.from the funds deposited herewith prior to.the disbursement of funds for the Items to Complete shown above, including$ for the first inspection,and $ for each subsequent inspection necessary. $ for Escrow Fee. It is understood and agreed that any money deposited; herewith shall be held in a non-interest bearing fiduciary account. Builder and Borrower do hereby indemnify and save harmless Escrow Agent and Lender against all costs, damages, attorney's fees; expenses and liabilities which they may incur or sustain by reason of any action taken in good faith and with due,care,in connection withtheseinstructions or the escrow created hereby, or any Court action. arising therefrom and will pay same upon demand. Escrow Agent shall have the right to deduct such items from escrowedr funds being held,by it and, retain them .for its own account or disburse them to Lender as appropriate. After the payments authorized by the:above agreement have been made, any funds left in thevscrow:accountshall be paid to Builder at the following address: Frontier Midwest Hames Corp. 3902 Cedarvale Drive Fagan Minnesota 55122 ua� rowc� Minda K.M. Anderson The,terms andconditions of this escrow agreement are.fullyapproved and accepted'bythe undersigned, and the undersigned shall be liable only as escrow holder herein. Dated this 20rt, ;day. of .7an"A r 191 _ Dakota Clounty Abstract Cotttpany Escrow Agent ilOtlnWd OWNING A HOME ;.. IN EAGAN A quiet, dean community situated among the rolling hills of this dose-in suburb is the ideal place to build a ` home and raise a family. Welcome to Eagan. When you move or build here, you can expect well - planned developments and strict enforcement of building standards to protect the value of your home. Two years ago, Mayor Vic Ellison was elected to improve the ways in which city decisions are made.. ` No longer will the city allow homes built on undersized lots. And since Vic Ellison has been Mayor, no new apartments have been built. Many parcels originally zoned for apartment use are now being considered for down-zoning to allow more high-quality, single -family frames. s Mayof Ellison pledged to adequately staff and support police and fire protection making Eagan a safer place. Vote to keep Eagan headed In the right direction With Vic Ellison as our Mayor. ilOtlnWd Daniel G. Scheller and Cliithia. B. Scheller 4132 States Avenue Eagan, MN 55123 October 9, 1'989 Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: As Frontier Midwest homeowners in the Stafford Place development in Eagan, we have found that the quality of construction and the handling_ of call- back items demonstrate concern for the buyer; however, Tire have been served three liens on our property. The following :s a list of Mechanic's Lien Statements received to date: Drywall Brokers, Inc. $1213,.00 American Lighting Company 'x'968.77 Cabinet Wiol'esalers, Inc. $1705..05 We hope these matters are quickly resolved for all parties involved. Sincerely, Danie G. Scheller and Cynthia B. Scheller 100 46 D isEs G r[y /+ bM c,V) 5TR+TG2 Ch * N GTj° HALL 382D PILOT- KIVoi5 re D, J;W6pO+nl MN' Ssr2z i / - � `Jka.j,tlt wK,, e �h WWCeAO CAA- &t. ray a,4,L Agenda Information Memo October 17, 1989, City Council Meeting BRITTANY 10TH ADDITION B. Default Resolution for Brittany 10th Addition --At the October 3, 1989, City Council meeting, the developer requested a two-week extension in order that he may comply with the terms of the Brittany 10th Development Agreement. Additional information regarding this item will be supplied at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny/continue placing Brittany 10th Addition in default of their Development Agreement. Agenda Information Memo October 17, 1989 City Council Meeting AMENDMENT TO CITY CODE/PARR & TRAIL DEDICATION POLICY C. Amendment for City Code, Chapter 13, Adoption of Park & Trail Dedication Policy --Before a final ratification of the Park & Trail Dedication Policy, an amendment to Chapter 13 of the City Code, it was the direction of the City Council that the proposed policy be reviewed by the Developers Task Force. A meeting of the Developers Task Force for that purpose was held on Tuesday, October lo. The Developers Task Force agrees in concept with the proposed policy, however, proposed a change in the method of collection for the designated trail amount. The Director of Community Development would prefer that the City staff further review the collection policy prior to any finalization by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the Park & Trail Dedication Policy to the November 9, 1989 City Council meeting. DAKOTA COUNTY STATE BANK/WAIVER OF ASSESSMENTS D. Dakota County State Bank, Request to Waive Assessments on Property Located at the Southeast Quadrant of Deerwood Drive and Blackhawk Drive --At the July 18 City Council meeting, Mr. Gary Fuchs, legal counsel for Dakota State Bank, requested a waive of special assessments for a parcel the bank owns at the southeast quadrant of Deerwood Drive and Blackhawk Drive. As the request of the City Administrator, this item was continued to an August meeting and later to the October 17 City Council meeting to allow staff ample time to address a policy and method of collecting payment of deferred special assessments. The staff, through its special task force special assessment committee, has prepared an ordinance amendment that will establish connection and availability fees for sanitary sewer and water utilities that is applicable to the concerns addressed by Mr. Fuchs on behalf of the Deerwood Drive Blackhawk Drive parcel owned by Dakota State Bank. after action is taken for Item B under New Business. The Dakota County State Bank item is technically Old Business, while the ordinance amendment is New Business, which at times causes some confusion in scheduling the item on the official agenda. For additional information on this item, refer to a letter prepared by Mr. Fuchs dated April 13, 1989, a response by the Director of Finance dated June 7, 1989 and a memo b he City Att roey addressing this issue referenced as pages through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive Blackhawk Drive intersection. Please note this action will be taken after official action on Item B, New Business. G�V CAMPBELL, SCOTT & FUCHS, P.A. Attorneys at Law Thnmas J. Campbell Thomas t,1. Scon Can.G. Fuchs James R. 1Calst,m Dennis J. Unger April 13, 1989 Mr. Thomas Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, RN 55122 4'.. f-. (612)456-9539 Facsimile (612) 456-9542 Re: Deferred Assessment Against Property on the southeast Corner of Blackhawk Road and Deerwood Drive Dear Flr. Hedges: This firm represents Dakota County State Bank and I am writing to you on behalf of the bank to request a waiver of payment of deferred special assessments. The background to this request is as follows. In October 1985 the bank loaned $33,000.00 to one of its customers who is the owner of approximately 1.9 acres located on the southeast corner of Blackhawk Road and Deerwood Drive in Eagan. A mortgage on the property was conveyed to the bank to secure repayment of the loan. The loan is in default and the borrower is not able to cure the default, so the mortgage is to be foreclosed. However, prior to foreclosing the mortgage, the bank and the borrower have been actively trying to sell the property. Their efforts produced a potential buyer who had agreed to purchase the property contingent on his discussions with the City renlarding development. During itis discussions with the City staff, the potential buyer was informed that a condition of development, or plat approval, would be the payment of approximately $19,300.00 of "deferred assessments". That made the sale unworkable and the potential buyer backed out. The bank and the owner will encounter the same difficulty each time they try to sell the property. The fair market value of the undeveloped property, approximately $35,000.00, is sufficient to pay the mortgaged debt. However, adding $19,300.00 to the cost makes the property unmarketable. Subtracting $19,300.00 leaves Yankee Square Office 111 • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 only $15,000.00 to apply to the debt and results in a $20,000.00 deficiency to the owner. Before the bank made the loan and accepted the mortgage as security the bank, had all the available county records checked for prior encumbrances and taxes and assessments and then purchased title insurance. None of the assessments at issue here were on record with the county. As we understanded, these assessments have never been levied against this property. The title insurance purchased by the bank does not cover special assessments that were neither levied nor pending at the time the insurance was obtained. The assessments at issue here were neither levied nor pending at the time the insurance was purchased. The loan would not have been made if the deferred assessment amount had been known. It is my understanding from talking with Jerry Wobschall that the assessments at issue here are for storm sewer trunk ($4,646), lateral sanitary sewer trunk ($8,032) and lateral water trunk (;6,639). 11 throe projects were completed some time ago and the subject property was not included in the levied assessments. (At the time the potential buyer talked to the city, he was also told of other costs, but those were for a corrected assessment and the upgrade of Taconite Trail and do not fall into the "deferred assessment" category). Based on all of the above, on behalf of the Dakota County State Bank I request that the City waive the claim for payment of the deferred assessments against the subject property. I further request that, if necessary, this matter be placed on for a hearing before the appropriate committee, or the City Council, and that you notify me of the time and place of the hearing. A complete legal description of the subject property is attached hereto. You courtesy and cooperation in responding to this request is appreciated. If you have any questions, please feel free to contact me or Jerry Marko at Dakota County State Bank on Cliff Road at 454-4840. I shall await your response. GGc/hzc Enclosure cc: G. E. Marko Very truly yours, CA14PBELL, /}SCOTT 6 FSS, P.A. BY L ,kD--- of 3830 PILOT KNOB ROAD. P.O. BOX 2Tm VAC ELL60N EAGARVINNESOTA. 55121 _ laa;a PHONE: (612) i54-0100 THOMAS EGA+ DAVID K GUSTAFSON . PAMEIAMCCREA - TW)DOREWACHTER Oa Wmeen.. THOMAS HEDGES. June 7, 1989 C"V A4msn EUGENE VAN OVERBEKE oy 61& GARY G FUCKS ATTORNEY AT LAW CAMPBELL, SCOTT 6 FUCHS, V.A. YANKEE SQUARE OFFICE III SUITE 202 EAGAN i!N 55122 ,Re: Parcel- 10-02000-011-75 Request to Waive Assessments Dear Xr. Fuchs: Your request to waive assessments related to the above -referenced property as outlined in your letter of April 13, 1989, has been referred to me by City Administrator Hedges. It is obvious that there is a difficult set of circumstances surrounding this property, only one 'piece of which is the assessment issue. The City frequently responds to questions related to assessments both for levied and pending and those related to subsequent development. In the event anyone asks the question, we will provide to the best of our ability an indication of what assessments will be collected as a result of a proposed development. How that information ,impacts a sales transaction is strictly a matter between, the buyer and seller. That is what Jerry Wobschall has done in this case and his study is the basis for the $19,316 figure that you note in your letter. _ The City Council has consistently requested that staff or staff representatives complete these studies, provide the information and collect the related assessments. For that reason we are unable to honor your request to even recommend to the City Council that any action be taken to waive any assessments. The City of Eagan is not a party to the original loan, the default or the current effort to sell the property. Unfortunately, I THE LONE OAK TREE_ ..THE SYMBOL,OF STRENGTH AND GROWTH IN OUR COMMUNITY 1, 'c� LETTER TO MR FUCHS JUNE 7, 1989. PAGE TWO cannot advise that the City naive these assessments to provide a less difficult solution to this problem. while I have not provided the answer that you desire,, I hope this letter helps to clarify the City's position in this matter. Sincerely, E'. :a. VanOverbeke CPA Finance Director/City Clerk cc': City Administrator Hedges Director of.Public Works Colbert E, V/kf WTf% city of eagan PUBLIC WORKS ' DEPARTME .. I •- �ARTELL • AVE. A' .r�3. r �... �... DRIVE DEERWOOD approved stand ' plate . OCT 13 'B9 10:44 MRS 606 P02 SEVERSON, WILCOX & SHELDON, P.A. LARAYS.SEVERSON• JAMES F. SHEI.00N .1. PATRICK WILCOX• TERENCE P. T)URKIN MICHAF.I. C. DOUGHERTY MICHAEL E. MOL£NDA•• •ALSO LICENSED IN IOWA N.4501.1UKSED 1X WISCONFIN ... ALSO LICENSED IN Nmrtmm October 13, 1989 Tom Hedges City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 APROFESSIONAL A.SROCIATION ATTORNEYS AT TAW 7300 WEST 147TH STREET P.U. BOX 24329 APPLE VALLEY, MINNESOTA 66124 TELEFAX NUMBER 432-3790 t6121 432-3136 RE: Dakota County State Bank - Deferred Assessments - Blackhawk Road/Deerwood Drive Our File No.: 206-7109 Dear Tom: PALL J. STIER KENNETH R. HALL ."SCOTT D. JOHNSTON JOSEPH P. EARLEY MARY L.0011KE I.OREN M. SOLFEST OFCOLNAPI : JOHN F.. %TW..t.7f�N You will recall that in April of 1989, you received from Gary Fuchs a letter requesting that the City consider waiving the payment of deferred special assessments against the approximately 1.9 acres located on the southeast corner ofBlackhawk Road and Deerwood Drive. The amount involved is approximately $19,300.00 and so far as we can tell, relate to trunk storm sewer and the lateral benefit from trunk sanitary and trunk water from projects put in in the late 1960s and early 1970s. The special assessments area of the City offices has gone back to those files and determined that they were never specially assessed at that time for the improvements. It is assumed that the City at that time "deferred" the payment of those assessments by agreement with the property owners. There are, however, no agreements in the City's file. The payments referred to above at now current rates would amount tc approximately $19,300.00. Those figures would very closely approximate, (that's my understanding from talking to Jerry Wobschall) the amount of the connection and availability charges under the storm sewer, sanitary sewer and water utility fees that the Council is considering adopting at the October 17, 1989 Council meeting. Rather than waive the payment of these charges, it is probably more appropriate for the City simply to collect the appropriate charges NCO OCT 13 189 10:45 MRS 6ee P03 Tom Hedges October 13, 1989 Page Two upon connection and availability of the services. It is my understanding that all the services are available but not yet connected. If you have questions, please feel free to contact me. Very 'truly yours,, SEVERSON, WILCOX & SHELDON, P.A. Aeldon dj k CC; Tom Colbert Gene VanOverbeke Jerry Wobschall Dale Runkle a n Agenda Information Memo October 17, 1989 City Council Meeting FOOTING/FOUNDATION PERMIT/EAGAN EVANGELICAL COVENANT CHURCH A. Footing/Foundation Permit, Eagan Evangelical Covenant Church- -As a part of the Consent Agenda, Item Y, was the final plat application for Eagan Evangelical Church. A representative of the church, Mr. David Bain, chairman of the building committee, has addressed a letter to the City requesting issuance of a footing/foundation permit prior to recording of the final plat. Typically, a building permit is not issued until after the City receives notification from the County by way of a receipt that the plat has been officially recorded. Enclosed on page is a letter from Mr. Bain with an accompanying signatu a of Roger Sjobeck, the Adkins Association, Architects for the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a footing and foundation permit for Eagan Evangelical Covenant Church located west of Lexington Road and east of Lexington Way. 14G October 6, 1989 Mr. Thomas Hedges City Administrator 38'30 Pilot Knob Road Eagan, MN 55122-1897 Re: Eagan Evangelical Covenant Church Dear Mr. Hedges: the ADKINS ASSOCIATION inc ARCHITECTS The City Council will be considering a Petition to Vacate Land and a Final Plat Application at the October 17th Council Meeting for the above project.. We also request that the City Council authorize issu- ance of a footing/foundation permit prior to recording of the final Plat. This is requested due to the potential for hard freezing weather be- ginning in late October. The churches schedule is to begin construc- tion immediately, and to complete below -ground operations before weather conditions prohibit the work. It Is our intent to record the plat as rapidly as possible following Council approval. Sincerely, tAD INS;Sj IATION Inc. By oger W.eck, AIA RWS/DB:mlg EAGAN EVANGELICAL COVENANT CHURCH OaviO 9 � By David Bain Building Committee Chairman cc: Jim Sturm, City Planner Thomas Colbert, Director of Public Works l CO 903 Jefferson Ave. 3t. Paul, MN 55102 FAX 224-6621 Telephone 224-1358 Agenda Information Memo October 17, 1989 City Council Meeting B. ordinance Amendment to Establish connection and Availability Fees for Sanitary Bever and Water Utilities --The City Administrator - has been facilitating a committee of City staff for the purpose of addressing all special assessment policies. As a part of this study review, the committee has addressed policies in which the City can collect assessments that were deferred in the early 1970's but never levied, authorized but deferred for future collection and other related issues. After reviewing the practice of other communities, pursuing a variety of considerations for collection of deferred assessments, it was the consensus of the staff that an amendment to the ordinance that provides for the establishment of a connection and availability fee for sanitary sewer and water utilities is the best solution for the collection of special assessments that were deferred for certain public improvements that are now benefiting a specific parcel of property. For additional information on this item and a copy of the proposed regulations, refer to the ord' ce amendment prepared by the City attorney enclosed on pages through JC, �r ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ordinance amendment to establish connection and availability fees for sanitary sewer and water utilities as presented. CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A CONNECTION AND AVAILABILITY CHARGE FOR THE WATER UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows: 1. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the water utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate water fund. 2. Water Utility Fee. A water utility fee for connection and availability of the water facilities shall be determined by resolution of the City Council and shall be just and equitable. A charge for the connection and availability of water service may be imposed for all premises abutting on streets or other places where municipal water service is located, whether or not connected to it. A charge for the availability and connection to the water service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 3. Adjustments. The Council may adopt., by resolution, policies for the adjustment of the fee for parcels. Such shall not be made retroactively. 4,. Exemptions. Public rights-of-way are exempt from the fee. and standards adjustments 5. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 6. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the Council for adoption on or before October 1 of each year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN By: VICTOR L. ELLISON Its: Mayor �S � CITY OF EAGAN RESOLUTION NO. 1989- A RESOLUTION ESTABLISHING CONNECTION AND AVAILABILITY UTILITY CHARGES AS PROVIDED FOR BY CITY ORDINANCE. The City Council of the City of Eagan finds as follows: 1. The City previously has established by ordinance a sanitary sewer utility, a storm sewer utility, and and a water utility. 2. That the City Engineer's office in conjunction with studies done by Bonestroo Rosene Anderlik & Associates, Inc. ("BRA"), the consulting engineers to the City, has determined the estimated cost to construct, reconstruct, repair, enlarge, improve, maintain, connect and obtain the sanitary sewer facilities, the storm sewer facilities, and the water facilities for the City of Eagan. 3. The City Engineer's office in conjunction with BRA recommends the sanitary sewer connection and availability charges as shown on Exhibit A. Further the City Engineer's office in conjunction with BRA, recommends the storm sewer connection and availability charges as shown on Exhibit B. Further the City Engineer' office in conjunction with BRA, recommends the water service connection and availablity charges as .shown on Exhibit C. 4. The City Council of the City of Eagan finds that the charges as set out on Exhibits A, B and C are just and equitable and determines that the charges shall be in full force and effect from and after the date hereof unless and until changed by resolution of the City Council of the City of Eagan. 5. The City Council finds that a credit should be given against the charges as specified on Exhibits A, B and C for property in the City of Eagan which has previously been specially assessed or which has been previously been credited for payment of assessment for sanitary sewer trunk, storm sewer trunk, or water trunk. ADOPTED by the City Council of the City of Eagan this day of'October,.1989. ATTEST:. By: E. J. Vanoverbeke Its: Clerk (SEAL) CITY OF EAGAN By: Victor L. Ellison Its: Mayor EXHIBIT A SANITARY SEWER AVAILALBILITY CHARGE Platted multi -family $ 520.00/unit Platted residential $ 650.00/lot Unplatted & platted commercial & $1365,.00/acre industrial SANITARY SEWER CONNECTION CHARGE Lateral benefit charge $ 31.70/centerline foot l�� EXHIBIT B STORM SEWER AVAILABILITY CHARGE Single family Multi family' Commercial and industrial STORM ,SEWER CONNECTION CHARGE $ .056/square foot $ ..070/square foot $ .083/square foot' 12" storm sewer *$3'6..50/centerline foot 15" storm sewer *$37.90/centerline foot 1810 storm sewer *$40.40/centerline foot 211' storm sewer *$43.50/centerline foot 2411 storm sewer *$49..90/centerline foot *Rate is based on a pipe at 15 foot depth, costs for additional depth will be reviewed on a case by case basis. �-s � EBEIBIT C WATER SERVICE AVAILABILITY CHARGE Trunk Water Main Platted multi -family Platted residential Unplatted & platted commercial & industrial Water Supply and Storage Commercial and industrial Residential Multi -family WATER SERVICE CONNECTION CHARGE Lateral Benefit Charge Single family Multi -family and commercial & industrial L S 7 $ 528.00/unit $ 660.00/lot $1380..00/acre $2115.00/acre $ 580.00/lot $ •4°64.00/unit $ 27.50/centerline foot $ 45.40/centerline foot CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A STORM WATER DRAINAGE UTILITY AND A CONNECTION AND AVAILABILITY CHARGE FOR THE STORM WATER DRAINAGE UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows: I. Storm Water Drainage Utility. A storm water drainage utility for the City of Eagan is hereby established. The municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statutes Section 444.075, from which revenue will be derived subject to the provisions of this Chapter and to Minnesota Statutes. The storm water drainage utility will be a part of the City of Eagan Public Works Department and under the administration of the Public Works Director. 2. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the storm sewer utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate storm sewer fund. 3. Storm Sewer Utility Fee. A storm sewer utility fee for connection and availability of the storm sewer facilities shall be determined by resolution of the City Council and shall be just and equitable. A charge for the connection and availability of storm sewer service may be imposed for all premises abutting on streets or other places where municipal storm sewers are located, whether or not connected to them. A charge for the availability and connection to the storm sewer service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 1st 4. Adjustments. The Council may adopt, by resolution, policies and standards for the adjustment of the fee for parcels. Such adjustments shall not be made retroactively. 5. Exemptions. Public rights-of-way are exempt from, the fee. 6. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 7. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. S. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the.Council for adopt -ion on or before October 1 of each year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED: ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN :VICTOR L. ELLISON Its: Mayor lam° CITY OF EAGAN ORDINANCE NO. AN ORDINANCE ADDING SECTIONS TO THE CITY CODE OF THE CITY OF EAGAN ESTABLISHING A CONNECTION AND AVAILABILITY CHARGE FOR THE SANITARY SEWER UTILITY. The City Council of the City of Eagan does hereby ordain: That the City Code of the City of Eagan is amended by adding Section to the City Code of the City of Eagan, to read as follows:: 1. Purpose of Funds Derived and Allocation of Revenue. The purpose of all funds derived is to pay for all or part of the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer utility as established by the City of Eagan. All revenues derived from the fee shall be credited to the appropriate sanitary sewer fund. 2. Sanitary Sewer Utility Fee. A sanitary sewer utility fee for connection and availability of the sanitary sewer facilities shall be determined by resolution of the City Council and shall be just and equitable_ A charge for the connection and availability of sanitary sewer service may be imposed for all premises abutting on, streets or other places where municipal sanitary sewers are located, whether or not connected to them. A charge for the availability and connection to the sanitary sewer service may, in the discretion of the City Council, be fixed by reference to the portion of the cost which has been paid by assessment of the premises. 3. Adjustments. The Council may adopt, by resolution, policies for the adjustment of the fee for parcels. Such shall not be made retroactively. 4. Exemptions. Public rights-of-way are exempt from the fee. and standards. adjustments 5. Billings. Bills for charges for the fee shall be made by the Finance Department. All bills shall be payable at the Office of the City Finance Director. 6.. Recalculation of Fees. If a property owner or person responsible for paying the fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written request for the recomputation. 7. Collections. All fees are due on the due date specified by the City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not been made, all such delinquent accounts shall be certified to the City Clerk who shall prepare an assessment of the delinquent accounts against the property served or to be served. To each account, there shall be added a certification charge (preparation for certification of taxes of delinquent accounts) in the amount provided for by City Council resolution. This assessment roll shall be delivered to the Council for adoption on or before October 1 of each.year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. This ordinance shall be in force and effect from and after its passage and publication according to law. DATED: ATTEST: By: E. J. VanOverbeke Its: City Clerk CITY OF EAGAN By: VICTOR L. ELLISON Its: Mayor Agenda Information Memo October 17, 1989 City Council Meeting LICENSE RENEWALS C. License Renewals-, 1990 Liquor License Renewals --The issuance of liquor licenses coincides with the calendar year. In order for the State Liquor Control Commissioner to have adequate time for review and renewal of liquor licenses, all annual renewals are placed on City Council agenda for consideration in the month of October. Liquor license renewals include off -sale liquor, on -.sale liquor, on -sale liquor club, on -sale beer, off -sale beer and wine. For a re -cap of the 1989 activity, including the issuance of liquor licenses and a list of all other icenses that are in order for consideration, refer to pages through (^10. Enclosed on page I -A\_ for City Council review is a copy of page 113 of the City Code which outlines requirements to hold an on -sale liquor license and off -sale liquor license in the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny with any exception the liquor license renewals for 1990 as presented. U3 October 10, 1989. TO: CITY ADMINISTRATOR HEDGES FROM:ADMINISTRATIVE ASSISTANT WITT RE: 1990 LIQUOR LICENSE RENEWALS Attached are renewals for on and off sale liquor, wine and on and off sale beer licenses. A recap of 1989 activity follows: Off sale Liquor Early in the year, Dave Perrier moved from Cedar Cliff to Cliff Lake Center. The City has received an application from Richard Barone to open an off sale store at Perrier's former location in Cedar Cliff. A sixth liquor store was approved on August -15,1989. Doug and Mary Lee opened Liquor Shoppe, Inc. near the cormer of Lexington Ave, and Diffley Road. The City Code specified that the City can issue no more than one off sale license for each 2000 households and a license cannot be approved prior to August 1 of each year. Community Development Department has an approximate household count of 18,100 so technically, 9 licenses can be issued. The code specifies that the Council make the determination as to code compliance. The code section which addresses; number of on and off sale liquor licenses is attached. On sale Liquor J. Doolittles, formerly the Flour Bin, was approved for a liquor license in April. They received a license designated for restaurants with at least $350,000 building valuation. Hunan Garden and Xaviers, Inc. have both indicated interest in an on sale liquor license but have not returned their applicatton forms to the City. Currently, there are (3) hotel -motel, (1) restaurant with valuation over $35''0,.000 and (1) other restaurant license available. Wine New wine licenses include Davanni.s Pizza and Xaviers Res- taurant. Eagandale Club was sold and the new owner, Eagan Tennis & Athletic Club,, decided to change from on sale liquor to beer and wine. The Council approved the beer/wine but, to date, the lounge remains closed. The owners indi- cated they do plan to open the lounge and want to renew the wine and beer license. Liquor License Renewals page 2 Beer On sale Davanni's Pizza and Eagan Tennis & Athletic Club were approved for on sale non -intoxicating malt 'liquor(beer) licenses. Rocky Rococo's was purchased by Pizza Hut and, the latter was approved for an on -sale license on 'September 'S. off sale Brooks Superette, 3390 Coachman Road was purchased by Gateway Foods and the new owner was approved for a license. Cub Foods and Eagan E -Z Stop, formerly Eagan Service Center„ were approved for off sale licenses. c�� 1990 OFF SALE LIQUOR LICENSES Applebaum Companies, Inc. dba Big -Top Wines & Spirits Ellen Applebaum 3900 Beau d"Rue Drive Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kennys Liquor Kenneth Youngberg 1444 'Yankee Doodle Road Eagan, MN 55122 Perrier & Associates dba Great Northern 'Spirits 1960 Cliff Lake Road 4101 Eagan., MN 55122 Dave Perrier � dco, Inc. dba Big Top Wines & Spirits Sidney Applebaum 1282 Town Centre Drive Eagan, MN 55123 Spirits of Eagan, Inc. dba MGM Warehouse John W. Teslaw 4178 Pilot Knob Road Eagan„ MN 55122 Liquor Shoppe Inc. of Eagan dba Liquor Shoppe, Inc: Doug and Mary Lee 4250 Lexington Ave. Eagan, MN 55123 1990 ON SALE CLUB LICENSE Spur„ Inc. dba Osman's Spur_ Country Club Harry Beyer 2750 Sibley- Memorial Hwy Eagan, MN 55121 ,( ce 1990 ON SALE LIQUOR ESTABLISHMENTS Al Baker -dba AL BAKERS 3434 Washington Drive Eagan,, ,MN 55122 454-9000 Cedarvale Bowl„ Inc. dba CEDARVALE LANES Robert Johnson, Mgr. 3883 Beau d"Rue Drive Eagan, MN 55122 452-7520 Eagan Hotel Partners dba (COMPRI) HOTEL Kevin McPherson, Mgr. 27.00 Pilot Knob Road Eagan, MN 55121 454-3434 Flour Bin, Inc. dba J. DOOLITTLES Lynn Reimer 2140 Cliff Road Eagan, MN 55122 452-6627 HONG WONG RESTAURANT William Lam 21.39 Cliff Road Eagan, MN 55122 452-0086 Holly Inns, Inc. dba LA FONDAS 3665 Sibley Memorial Hwy. Eagan, MN 55122 452-5411 MEDITERRANEAN CRUISE Daoud A. Hussein 3945 Sibley Memorial Hwy. Eagan, MN 55122 452-5991 RICHARDS FOOD & LIQUOR Richard Stariha 4185 South Robert Trail Eagan, MN 55123 452-3061 Bob Dougherty Starks I, Inc. dba DOUGHERTYS dba STARKS SALOON 1312 Town Centre Drive Gary W. Stark Eagan„ MN 55123 3125 Dodd Road 681-1570 Eagan, MN 55121 454-8251 Dorola, Inc.. dba DURNINGS Jim Durnin Latt, Inc. .g 4625 Nicols Road dba VALLEY LOUNGE Eagan, MN 55122 Jim Tousignant 454-6744 3385 Sibley Memorial Hwy. Eagan, MN 55122 454-2760 1990 WINE LICENSES Broadway Pizza John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. & Associates dba Carbone's Pizza 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba Carbone's Pizzeria David Carbone 1665 Yankee Doodle Rd Eagan, MN 5512.1 Davanni's Pizza 1980 Cliff -Lake Road Eagan, MN 55122 Diamond T Ranch Jerry Thomas 48'89 Pilot Knob Road Eagan, MN 55122 Eagan Grill, Inc. dba Eagan Tap Julio de la Huerta 3998 Sibley Memorial Hwy Eagan, MN 5512.2 Eagan Tennis & Athletic Club 3330 Pilot Knob Road Eagan, MN 55121 FHF, Inc. dba Hunan Garden Maurice Fung 130'4'Town Centre Drive Eagan, MN 55123 Italian Pie Shoppe James Basta 14,38 Yankee Doodle Road Eagan„ MN 55122 Vi Huong, Ltd. dba Vi Huong Ngan Truong 1989 Silver Bell Center Eagan, MN 55122 Xavier's, Inc. Xaviers's Restaurant 1260 Town Centre Drive Juan Canessa Eagan, AN 55123 1990 ON SALE BEER LICENSES AIRLINER MOTEL 2788 Highway 55 Eagan, MN 55121 BROADWAY PIZZA John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. Associates dba CARBONES PIZZERIA 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba CARBONES PIZZERIA 1665 Yankee Doodle Rd Eagan, MN 55121 CARRIAGE HILLS COUNTRY CLUB William H. Smith, 3535 Wescott Hills Drive Eagan, MN 55123' DAVANNIS PIZZA 1980 Cliff -Lake Road Eagan, MN 55122 DIAMOND T RANCH Jerry Thomas 4889 Pilot Knob Road Eagan, MN 55122 DRAGON PALACE OF LEE Lee Fo Len 1466 Yankee Doodle Road Eagan, MN 55122 Eagan Grill, Inc. dba EAGAN TAP Julio de la Huerta 399'8 Sibley Memorial Hwy. Eagan, MN 55122 EAGAN TENNIS & ATHLETIC CLUB 3330 Pilot Knob Road Eagan, MN 55121 FHF,,Inc. dba HUNAN GARDEN Maurice Fung 1.304 Town Centre Drive Eagan, MN 55123 ITALIAN PIE SHOPPE James Basta 1438 Yankee Doodle Road Eagan, MN 55122 PARKVIEW GOLF CLUB Don Larsen 1310 Cliff Road Eagan, MN 55123 PICCOLOS PIZZER-IA Greg Heuer 4162 Pilot Knob Road Eagan, MN 55122 PIZZA HUT 3992 Sibley Memorial Hwy. Eagan, MN 55122 PIZZA HUT 1325 Town Centre Drive Eagan, MN 55123 PIZZA HUT 2130 Cliff Road Eagan, MN 55122 Vi Huong, Ltd. dba VI HUONG 1980 Silver Bell -Center Eagan, MN 55122 WEST END HUNTING CLUB 535 Gun Club Road Rosemount, MN 550.68 XAVIERS RESTAURANT Juan Cannessa 12,60 Town Center Drive Eagan, MN 55123 1990 OFF BEER LICENSES BROOKS SUPERETTE Gateway Foods -now Retail Foods of Minnesota 5.720 Smetana Drive #300_ Minnetonka, MN 55343 COUNTRY CLUB, MARKET 3820 Sibley Memorial Hwy. Eagan, MN 55122 CUB 1940 Cliff -Lake Road Eagan, MN 55122 EAGAN E -Z STOP 4195 Nicols Road Eagan, mN 55122 HOLIDAY Stationstore #232 4595 Nicols Road Eagan, MN 55122 PDQ Foods of Minnesota 4160 Pilot Knob Road Eagan, MN 55122 PDQ Foods of Minnesota 1969 Silver Bell Road Eagan, MN 55122 RAINBOW FOODS #,14 1276 Town Centre Drive Eagan., MN 55123 SUPERAMERICA #4049 Hwy 13 & Diffley Eagan, MN 55122 SUPERAMERICA #4182 1406 Yankee Doodle Road Eagan, MN 55122 ,SUPERAMERICA # 4335 1379 Town Centre Drive Eagan, MN 55122 TOM THUMB 1430 Yankee Doodle Road Eagan, MN 55122. TOM THUMB 2125 Cliff Road Eagan„ MN 55122 TOM 'THUMB 4130 Blackhawk Rd. Eagan, MN 55122 WALGREEN DRUG 1278 Town Centre Drive Eagan, MN 55123 S 5..52 Subd. 10. On -sale licenses shall be granted only to hotels, motels, restaurants and fraternal clubs. Source: City Code Effective Date: 1-1-83 Subd. 11. No more than eighteen (18') on -sale licenses may be issued. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The nine (9) licenses available March 5, 1986 shall be distributed to qualified applicants as follows: AS OF 10/17/89: (3)A. Four (4) licenses for hotels/motels; (1)B. Three (3) licenses for restaurants with at least $350,000.00 building valuation (exclusion of lease- hold improvements, equipment or common areas).; and, (1)C. Two (2) for other restaurants. Source: Ordinance No. 35, 2nd Series Effective Date: 6-6-86 Subd. 12: No more than one (1) off -sale license may be issued for each 2,000 households in the City as determined by the Metropolitan Council as of April 1 of each year. The sixth off -sale license shall not be approved prior to July 1, 1987. One additional off -sale license may be approved each year thereafter. However, no license shall be approved prior to the 1st day of August of each year commencing in 19'88. Applications will not be accepted unless a license is available as determined by the household count. Each applicant shall display to the City's satisfac- tion that it has at least an option on a specific site for the location of the off -sale store. The Council reserves the right to determine specific compliance with this Subdivision. Source: Ordinance No. 38, 2nd Series Effective Date: 9-5•-86 Subd. 13. Every license shall be to the provisions of this Chapter and all provisions of the City Code and other laws operation of the licensed business. Source: City Code Effective Date: 1-1-83 113 granted subject other applicable relating to the (6-15-87) Agenda Information Memo October 17, 1989 City Council Meeting SPECIAL HUNTING SEASON REQUEST/DAN FRIENDSHUH D. Request,, Special Hunting Season Permit, Dan Friendshuh, 8609 Lyndale South, Bloomington --The City has received a request from Mr. Dan Friendshuh to utilize the Pahl property for a special hunting season permit. He is specifically requesting a special hunting season permit for: "Bow hunting for deer - September 16 - December 31" "Duck/goose hunting, - October 1 - November 5" "Pheasant hunting - October 15 - December 3" "Special metro goose hunt - December 15 - December 24" The Police Department has reviewed the subject property with Mr. Friendshuh, and if the license is to be granted, would request the same criteria as extended to Mr. Yanta by way of conditions of approvala the September 19 meeting. Enclosed on pages i 3 through -1L is a letter from Mr. Friendshuh that includes reasons why he is requesting a special hunting season from the City. Also enclosed on page5a?-0is a copy of the official action that was taken by the City Council on September 19 for the Yanta permit. If the City Council considers a favorable action, the conditions applied to the Yanta,permit should be included with the Friendshuh action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or den hunting season for the specific dates as defined in the Dan Friendshuh for the Pahl farm that is approximately 49 y a special request by .75 acres. Dan Friendshuh 1551 106tH Street West Bloomington, Minnesota 55431 October 3, 1989 Honor Mayor Vic 'Ellison and Citv Council Members of Eagan 3830 Pilot knob Road Eagan, Minnesota 55122 Dear Mr. Flavor,/City Council Members; Pursuant to the City Council Member's August 15 amendment to the Eagan Dangerous Weapons Ordinance which no longer allows hunting in Eagan, I would like to submit this letter outlining my request for permission through the City for special hunting, season permit. This permit will follow the ouide'lines of Ordinance 1.0.10, Subdivi,sien 4. 1 have outlined for your review various reasons and evidence on why I would appreciate the oppor- tunityin receiving a permit to hunt in Eagan. The sub ject property is located in the Northwest L/4 Section 18, along the Minnesota River and Ease of the new Cedar Avenue Bridge. It is the Pahl Farmland and contains 49.75 acres. At the city council meeting I will outline the following facts to support my reasons for hunting: I. Install and implement large readable and unremovable signs that IT indicate ("No Public Hunting"). 2. I wi11 present a plat map Outlining The Pahl 's property and all cont ingous property that would be of fe'cted by this special hunt 3. 1 will provide license plate numbers and names for all individuals' cars who will be hunting during this special season. These license plate numbers will allow the Eagan Cite Police Department expedient interpretation of any potential trespasser on the subject property. 4. Also, each individual hunting on the subject property will be carry- ing a special hunting permit signed by the property owner. All members hunting will be from the Pahl Family except for Stub Hall and Tony Degroat. 5. I have included the specific dates in which we are requesting a permit to hunt the subject property: Bow hunting for deer which starts September 1'6- December 31. Duck and goose hunting which starts October I - November 5. Pheasant hunting which starts October 15 - December 3. The special metro goose hunt from December 15 - December 24. 6. Enclosed is a copy of a letter from the Minnesota Depaatment of Natural Resources. Jon Parker has outlined the possible dangers of not harvesting both geese and deer in the seven county metro area. Jon also ,is in support of having the cityallow a special hunting season for the Yanta party. This letter was given to John Yanta, who has applied for a hunting permit ,through the city. ('2) 7. We anticipate not having more than 4 to 6 hunters at any given time hunting at the subject property., with normally only 2 to 3 hunters at one time.. All hunters are very experienced,knowledge- able individuals. nowledge-able-individuals. Tony Degroat has for many years taught gun training to young hunters. I would a,ppreci.ate the opportunity to'present these ideas and address any questions or concerns that the Council may have. If you should have any further questions or need additional information, please feel free to contact me. My work number is 88B-4487. Thank you once again for your time and consideration on this matter. Sincgrely � Dan Friendshuh DFa b enclosures q F'T:,TE 0=. IL N rcam., 4•=PAIn1WJ=-K1 0r K',tU, A, L ,.-^1f•„� PHONE 110.(612) 445-9393 Fs -'Wildlife O'rice 23 i o1^ Street, FW m 101 Sna-tepee, M1 E5379 !,±. JMnyen to 7760 f 2 ro AV--. S. Suite 770 !-als, !i] E51'35-5292 rear !c!r. Yanza. 31 k• -_st 1959 .� ; MINNiS FIL S No. ^`:=s is in e to our tsle?ho�- c-c.-7c•er-sa`_ian tc3ay tin effects of hr iting en tre Joe 1�ffrreajy prccerty in Facan. Yau anticipate Wtr-j en 2 to 4 }ter; on tie property at vma i= times tr-iting deer and �2zla osese. Tr-- p-coerty is located in ti-- scath 1/2 of Section 1B old Decr Av-_nL End the L�._-lirrton 'Northern tracks. I vnuld en-our�e the ci-ty_ to all0; y -mi to hrsnt this area-. This is the type of situation which I hr -9 in airs v --n I dis=.ssed the proposed hnmting clop =e with -%lice Ohief men. YcL- har,est of Cmrz:�a cele would be in accord with the objective of tie D! to slw tre craath of *.le powlaticn in tie 7-ccratty antro area. I nage alre:�iy'hr nuisz-nc= ==plain*s fran E=m r`sidnts r z3`ir� anise. Any c ---e ha -nest, especially during the special retro senors (Sept 1-10) and Ia s.ber will help to r-e-_:tce local gee while not iroa-`irg, t=i_c mts. Tr-- e-lte-ra_ive is the opersiw "trap mid t_�.spla7t” _o_regr�a w=Lich is ur-4-erAzr; in ot_^=r ccrr_^ hies �_nd is raid for by t •s cities. Our p ojectiors ir--4i=atea that t1_ metro nop;la`_icn oculd in--re-se by 200 ; (triple) by 3990 wi'thOut Our obje=tive is to licit ti-- in -^-so to 100 % (c-m-'c]e)., Truk goose is ti�st will be bere'`icial to tine city. t;°nse will m> be e. - mated Exon tip city, Imt the ha -rest will reance the Ieed for otl_r coritrols. Tri h�-nest of deer in this r --ea is also !n ac d with nkm cbiectives to re'L e the dee- pop• 1sticn density. 0•.tr objectives are well l=vn to the city cvnc!1, atd they hake en orsed them by opeening the 'Fort Sr�lling State Park for shotgt-r deer huntirg. Your harvest of deer will help is attain our goal, and it will reduce the reed for taking ad3lticnal deer with sharpshooters. I re?L-st that you retort the number arta sex of d ---r tal=n in this area if the city We can then add this to the special hunt total to determine the r-mber to be talon by sharpshooters. Your deer harvest will be beneficial to the city of Eacan in that it will help to reds_ a deer -car collisions and dampe to vo_cetation. M. rarY_:, Area Wildlife Mazza_r AN EQUAL OPPORTUNITY EMPLOYER at,00�I� i II 4 w D IF I II I ---._.. _. --- --- .iia. .--: ----- -_ --• �= •`�.\ jr �, — I---- .,I ILE 4T •1 E rwe 'rr� Il u.0 .a r ll xw \(.�J xrll,. J, l l ;; J�i Irk II rZt;', .:`T. it a[, � � "�I - •:a A ;,• loo ?' it • .-- �N:; .o III[ IM .I'.r'��.. �' ° ..�. ni It; 010., �`'• :�/,:. �.1` I .I II. )I 10 LI :�E'I,yl g IL "� I ��+7 � ��� II �I I�' I .I11 I I�,r•:o„ �� i �c t! x1 w NW w Ike jl 11 ; Ilk q; ,, �„ kr Ir , � it ,� i '� •, yCC aq Ir 1 T7' . `�i It' r n v T 2 /97 3 i xw x(f,� —\ rrE ml 4,.n:?1�i;!: ot at,00�I� i II 4 w D IF I II I ---._.. _. --- --- .iia. .--: ----- -_ --• �= •`�.\ jr �, — I---- .,I ILE 4T •1 E rwe 'rr� Il u.0 .a r ll xw \(.�J xrll,. J, l l ;; J�i Irk II rZt;', .:`T. it a[, � � "�I - •:a A ;,• loo ?' it • .-- �N:; .o III[ IM .I'.r'��.. �' ° ..�. ni It; 010., �`'• :�/,:. �.1` I .I II. )I 10 LI :�E'I,yl g IL "� I ��+7 � ��� II �I I�' I .I11 I I�,r•:o„ �� i �c t! x1 w NW w Ike jl 11 ; Ilk q; ,, �„ kr Ir , � it ,� i '� •, yCC aq Ir 1 T7' . `�i It' Page 18/EAGAN CITY COUNCIL MINUTES September 19, 1989 i. the extension. He questibk additional condition. The the condition but was wil Oer would accept the d he had not considered it. Egan moved, McCrea seconded, he motion to approve a one year preliminary plat extension for s tt Square Addition, located at the southwest intersection of .aa ee Odle Road and Elrene Road, subject to the condition tha ::::a31:iopgit:::,..::C green areas shall have an.underground irrigation stem ah'dt::::tiiat•i• ditional right-of-way along Yankee Doodle Road ay be nec*§sary::: 1 voted in favor. JONATHAN R. YANTA/SPECIAI,:l9iJNTIN.G`:;:SEASON REQUEST City Administrator Tom Hedges prpseited the background information to the Council. Mayor Ellison stated that the Council had not passed a ban on hunting but only discharge of dangerous weapons. There was much discussion regarding the signage. Egan moved, Wachter seconded, the motion to approve a request from Mr. Jonathan Yanta for t} 0.::::O�gtablishment of a special hunting season for him for the purposes ii::tild3;if management on a 60 acre parcel of land which he leases wi•thia:tlip`City of Eagan for deer, goose and pheasant hunting from SEptember::A.,4::, 1989 through December 31, 1989, inclusive, subject to t11e:;f.c *ing conditions: 1. Installation and implein®atation of large, readable and unremovable signs which indicate "No Public Hunting", with the exact wording to be approved by the Eagan Police Department. 2. Applicant presenting a plat map outlining Joe Kennealy's property and all contiguous pi.op.rty;:;tha.t..-would be affected by this special hunt. 3. Applicant providing license plate 44i�bers for all individuals' cars who will be hunting;::durih4::this special season. 4. Each individual hunting on the subject property to carry a special hunting permit signed by the property owner (Joe Kenealy). 5. The specific dates in which to hunt the subject property are: Bow Hunting for Deer which starts,September 16, 1989 through December 31,....194 9. .....::::::::;.:::::::::. Duck and goose hunting which dates..to be determined. Pheasant hunting which starts Octiber 15, 1989 through December 3, 1989. _ 6. No more than four to'five hunter5:$t any given time shall be hunting on the subject propEtg:::::::;:::::: Gustafson, Ellison, McCrea and""E'gan voted in favor; Wachter voted. against. September 19, 1989 2. All City building permit requirements and building Code standards shall be met. 3. The permit shall be valid through the 1993/1994 school year. Further use will All voted in favor. BOY SCOUT TROOP NO. 345/SPECIAL USE. PEPMT/CHRISTMAS TREE SALES Community Development Diredtdt DU-1"Ridnkle presented the matter to the Council. Gustafson moved, Egan seconded, the motion to approve a special use permit as requested by the Boy Scouts of America, Troop No. 345, to allow temporary Christmas tree sales at the intersection of Cliff Road and::'C-Iiff Lake Road, subject to the following conditions: 1. This permit shall expire >'ecembdr..24, 1989. 2. All debris shall be remov ... -:Jinuary 1 1990. All voted in favor. BOY SCOUTS TROOP NO. 510/SPECIAL USE PERMIT/CHRISTMAS TREE SALES Community Development Director.Dale Runkle summarized the application for the Council. Gustafson moved, Egan seconded,::::the ma :ion to approve the special use permit as requested by Bb.Y. Scouts of America, Troop No. 510, to allow temporary Christmas trO.6. sale','$'::':on Outlot A, Town Centre 9th Addition, subject to the fdllowi-'n'g conditions: 1. Sale of Christmas trees shall be permitted from October 24, 1989 to December 24, 1989 only. 2. All debris, as well as installed eo.:Ipment, shall be removed from the site on or before January::: " 1990. All voted in favor. ...... ....... WESCOTT SQUARE ADDITION/PRELIMINARY.:::PLAT EXTENSION City Administrator Tom Hedges explained the necessity for the extension to the Council. Councilmember Gustafson pointed out that an additional condition was to be added to the preliminary plat by Agenda Information Memo October 17, 1989 City Council Meeting CONDITIONAL USE PERMIT/LOOMIS E. Conditional Use Permit for Loomis Inc. to Allow Outdoor Storage on Lot 5, Block 2, Halley's Addition --The Advisory Planning Commission held a public hearing on .September 26, 1989 to consider a conditional use permit application to allow open storage on a parcel of land :zonedI-1., Limited Industrial, at Lot 5, Block 2, Halley's 1st Addition. The APC is recommending approval. For additional information on this item, refer to a report prepar by the Department of Community Development enclosed on pages through Fo ! // copy of APC action on this item, refer to pages c4hrough ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Loomis Inc. to allow outdoor storage on Lot 5, Block 2, Halley's Addition. SUBJECT: APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: COMPILED BY: APPLICATION SUMMARY C=TY OF EAGAN CONDITIONAL USE PERMIT LOOMIS, INC LOT 5, BLOCK 2, HALLEYS IST ADDITION BE 1/4 OF SECTION 36 I-1 (LIMITED INDUSTRIAL) SEPTEMBER 26, 1989 SEPTEMBER 19, 1989 DEVELOPMENT DEPARTMENT An application has been submitted for a Conditional Use Permit to allow open storage on a parcel of land zoned I=1, Limited Industrial. The proposal is for occasional surplus storage of chip rock in a portable stockpile bin. A Conditional Use Permit to allow equipment storage was approved for this site in July of this year. This permit was granted subject to the applicant providing screening along the north and east boundaries of this site. Since this time, the applicant has provided berming of approximately six feet in height along said property lines and has agreed to plant triple rows of three-foot trees in the spring of 1990. COMMENTS The site in question is approximately one acre in size and is currently being used for equipment storage only. The I-1 district allows outdoor storage by Conditional Use Permit provided screening from agricultural and/or residential areas is furnished. The applicant is proposing a 50' be constructed with an asphalt block sides. Chip rock storage winter months. CONDITIONS x 60' portable stockpile bin -to. base and one -cubic -yard concrete is anticipated generally in the If approved, this Conditional Use Permit shall be subject to the following condition: Triple rows of three-foot trees shall be planted in the spring of 1990 along the north and east property lines. �k MM now, Off = zot"i I t,*,L C= 6tAlbE PL44 F/ SE PK Fir POW I A.IA NW R-1 A A 73 IM Al PK A ff4lll 010-00 /4 SEC, 36, T 27 9 R 23 76 I F�AR OF T 02� '.5 116 '76 010-77 6E Ril SND 014-76 a 7B0 00 NO°02' 17"-E. 123 136 136 1 • � � N a V/ '+ U I56 ,.1 156 oc7 /BISCAYNE H000u17"E AVENUE 74O Von 123 056 1 s 2 —4 123 156. .. �. ........ Page 7/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg moved, Voracek sepfnded, the rd tion to approve a rezoning of approximately 8.8 :R4.(Mult3;pe) acres to a PD (Planned Development) district located e;k;§;t :E#:::#;sgfiway 35E and north of Yankee Doodle Road in the southwest::Varter of Section 10, as requested by Lance Company, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for a five year period, to include a.11-.;terms,...and..:conditions within the proposed O'Neil Planned Develbk'.'r' it y:; apply to Light Industrial uses. 2. The name of the Planned Development::shall be determined prior to Council action. 3. An average daily trip'cap'of 675"shall be in place until improvements in the transportation system take place to accommodate additional traffic. 4. Only uses allowed in the Light Industrial district shall be allowed to development. All voted in favor. CONDITIONAL USE F4RMIT/L00.Mi S, INC. Chairman Pawlenty opened:::*Y1:0:;hekt public hearing for the evening regarding a ccnditional:use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter of Section 36. City Planner Jim Sturm updated the Commission on the background of the matter.De1::Loans::::was::;greAent at the meeting and informed the Commission he was::avei18F2 s:questions. Jim Neary stated he felt there mere make than twelve pieces of equipment being stored at the site. City PlAnner Jim Sturm informed the Commission that only twelve pieces of Equipment were present. Mr. Neary opposed the permit and stated he'felt the proposed stockpiling would be unsightly. He stated an easement was being used for the road. Mr. Loomis explained that he did not use the easement road and that the bin was only for overflow. There was further discussion regarding storage. Commissionmember Graves gize5'te#ied: €kie :'location of the road. The applicant explained the location. Chairman Pawlenty requested the applicant contact staff for violations:::::.:Commissionmember Graves felt Mr. Loomis should not have to keep coding back before the Commission. Commissionmember Voracek concurred and felt the storage of business related materials should be allowed. Commissionmember Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission shoii:3d act upon::::the present application only. City Attorney Mike Dougkie:ty infozl,Od the Commission that building materials were a permi��ed:;::tt:::: Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter;.;.pf:::Section.:.;36, as requested by Loomis, Inc., subject to the 0ndi:tlb.::thit::triple rows of 3 -foot trees shall be planted in the spring:::of 1990 along the north and east property lines. All voted in favor. WAIVER OF PLAT/2'StODORFf::VALDOR Chairman Pawlenty convened the public hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section 8. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor ( appliciaiitS:::;3nformed the Commission he owned Lot 3 and explained his reason for t}ie:::.wa:i;ver request.. Voracek moved, Graves seconded, the:;A;dv'ion to close the public hearing and approve a waiver of gY:a:t::tc::allow a split of Lot 3, Block 1, Sibley Terminal Indus.tza4J. Park located along Terminal Drive in the east half of Secfton 8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall ccsaforii>S 3:;aT3 other applicable Code requirements. All voted in favor. XX PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses located at the southeast intersection of Diffley Road and Lexington::menue in the northwest quarter of Section 26. City Planner Jim Sturm explai ".t e: -application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulati6n and that a study would be needed at the time of platting. Agenda Information Memo October 17, 1989 City Council Meeting WAIVER OF PLAT/THEODORE WALDOR F. Waiver of Plat, Theodore Waldor,, to Split Lot 3, 'Block 1, Sibley Terminal Industrial Park --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 26, 1989, to consider a waiver of .plat application for: the purpose of splitting Lot 3, Block 1, Sibley Terminal Industrial Park and combining parcels with the adjacent lot. The APC is recommending approval of the application for the -waiver of plat: For a copy of a report prepared by the D�I �artment of Community Development, refer to pages through Ar -r . For a copy of the APC action on this item, refer to those minutes enclosed on page=.. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Theodore Waldor in order to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot. CITY OF EAGAN SUBJECT': WAIVER OF PLAT APPLICANT: THEODORE WALDOR LOCATION: E 1/2 OF SECTION 8 EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: SEPTEMBER 26, 1989 DATE OF REPORT: SEPTEMBER 20, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Waiver of Plat in order to split lot 3, block 1, Sibley Terminal Industrial Park (approximately 3.9 acres) and combine the parcels with the adjacent lot. This waiver is for the conveyance of land only; no building activity will occur on either parcel as a result of this process. The owner of lot 2'„ the Hartman Partnership, graded that lot and has submitted building permit plans to the City for a small office/warehouse. Mr. Hartman has a purchase agreement for parcel B for potential building expansion. Safety Kleen, on lot 4 to the southwest, could expand on parcel A or it could be sold independently. Code requires a minimum one- half acre lot size and 100 feet minimum width in Light Industrial districts. Both requirements have been satisfied., If approved, this Waiver of Plat shall be subject to: . 1) recording with the County within sixty days of Council action. y 2) all other applicable Code requirements. s A EJ TorzM S;iwc .e %1n4rGr/n � /-%SSo� �. CCN r3[W Elf 7 Vd. b 'Y 7 +' a Or � ,o ,sr `rb f tri c / 2. Boundary survey For: Ida A. Waldor & N. Theodore Waldor 134/70 2265 Younoman Avenue St. Paul, MN 55116 im DELMAR H. SCHWANZ uwo Q Mr tie"" 1. NIC. I oMwee IMraw taw of a Ttr asrr of Ynweu 14750 SOUTH'ROBERT TRAIL ROSEMOUNT• MINNESOTA 6603! 612/4251700 SURVEYOR'S, CERTIFICATE Found 3/4 inch iron pipe yy5 6f 71AT - Found iron pipe marked "RLS E 44y,38 !n 17006" t ZZZ"58 1, Loi 2 ,' r8r,�ti .fi Q - yZZ•8 A 35 foot perpetual sanitary �. sewe easement per Doc. No. N Il 6196 (Torrens) L6•� Scale: 1 inch = 100 feet `1A O a Set iron pipe monument marked 'RLS 8625' �- Description of Parcel A: That part of Lot 3, Block 1 SIBLEY ICA TERMINAL INDUSTRIAL PARC, according to the recorded plat thereof on file and IL Parcel A a � Parcel B t� of record in the office of the Registra of Titles, Dakota County, Minnesota, lying southwesterly of the following ' \ described line: Commencing at the most Found westerly corner of said Lot 31; thence Bron along the line pi e, northeasterly northwest % marked "R S of said Lot 3 a distance of 222.80 feet _ 17 06" to the point of beginning of line to Q \ 27 y7 �`113597 l be described; thence southeasterly to a ` point on the southeast line of said Lr t y. O o --l'ot 3, a distance of 136.00 feet ' \\ .- GI --northeasterly, as measured along said l�13 p� y�3 p at southeast line, from the southwest Z p of (i corner of said Lot 3, and said line r there terminating. • u `�� Description of Parcel B: i;inched end to �, That part of Lot 3., Block 1, SIBLEY TERMINAL INDUSTRIAL. `ata PARK, according to the recorded plat thereof on file acid •of record in the office of the Registrar of Titles, Dakota Count DELMAR H. /` j/ Minnesota, lying northeasterly of the following described line: SCHWANZ - f� Commencing at the most westerly corner of said Lot 3; thence i ! northeasterly along the northwest line of said Lot 3 adistance of —8625 — iL` ' 222_80 feet to the point of beginning of line to be described; thence southeasterly to a point on the southeast line of said Lot 3., a distant Wp QerGfylaNthlatunay,plen,anportrn of 136.00 feet northeasterly, as measured along said prs&Q byrm or under my direct supervision and that 16m a duly RegisteredLand Surveyor under southeast line, from the southwest corner 'of said Lot 3, , the laws of the State of Minnesota. and said live there terminating. Gated, 08-08-89 NMtnar M. Behwana Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission should act upon::::the present application only. City Attorney Mike DougFie:ty..infoxE.& the Commission that building materials were a permited:;::tk:::> Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter;:.cf:.;Section.;.36, as requested by Loomis, Inc., subject to the Chzp#:t3a;f,:;:triple rows of 3 -foot trees shall be planted in the spring:::of 1990 along the north and east property lines. All voted in favor. WAIVER OF PLAT/,T;-Ht'0AORE:VALDOR Chairman Pawlenty convened the puts io hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section S. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor (applicarit3::: nformed the Commission he owned Lot 3 and explained his reason for"th6: a:i,yer request. Voracek moved, Graves seconded, the:::.moton to close the public hearing and approve a waiver of p1:a:t;>o'allow a split of Lot 3, Block 1, Sibley Terminal Indus:tza4.1-:::Park located along Terminal Drive in the east half of Section 8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall ccrnfvrii:+t3a11 other applicable Code requirements. All voted in favor. PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses located at the southeast intersection of Diffley Road and Lexington:Avenue in the northwest quarter of Section 26. City Planner Jim Sturm explai sed:'tkie: application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulation and that a study would be needed at the time of platting. Agenda Information Memo October 17, 1989 City Council Meeting PD AMENDMENT/LEXINGTON SOUTH G. Planned Development Amendment, Tri -Land Partnership, to the Lexington South Planned Development to Allow a Commercial Center with Recreational Uses --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 26, to consider a request by Tri -Land Partnership to allow an amendment to the Lexington South Planned Development to allow for a commercial center with retail uses. The APC is recommending approval. For additional information on this item, refer to a report prepared by the Department of Community Development enclosed on pages \S � . through aQ for your review. Included in this report are comments from Public Works/Engineering. For a copy of the APC action on this item, refer to those minutes enclosed on pages L�%,O1 through _'2�3 Also enclosed on pages through n;0_7 are letters from residents expressing their opinion about certain uses that would' be allowed if the Planned Development Amendment is to be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Lexington South. Planned Development to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road. CITY OF EAGAN SUBJECT: PLANNED DEVELOPMENT APPLICANT: TRI -LAND PARTNERSHIP LOCATION: NW 1/4 OF SECTION 26 EXISTING ZONING: CBC (COMMUNITY SHOPPING'CENTER) WITHIN THE. LEXINGTON SOUTH PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: SEPTEMBER 26F 1989 DATE OF REPORT: SEPTEMBER 20F 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting an Amendment to the Lexington South Planned Development to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road. This amendment/conceptual plan would' provide the City with an overall design of the commercial area north of the Lexington Pointe Parkway extension. This proposal is in conformance with the City's Comprehensive Plan which designates this area CPD (Commercial Planned Development). The overall plan includes a neighborhood retail center, a movie theater, an ice arena/YMCA, and small pads designated for a restaurant, day-care, or automobile service. Ice arenas are not specifically listed as permitted in the .CSC district of the City Code; however, sports and health clubs, private clubs and lodges, and theaters are listed as permitted uses,. All other proposed uses are listed as permitted or fall within the conditional use category. Since this proposal is for the Amendment only, platting the property and Advisory Planning Commission and City Council review of the detailed plans will be required before any development occurs. In August 1989, the City Council approved the Preliminary Plat --9f the Eagan Center 4th Addition. That plat included a two-story, 28,000 -square -foot medical/bank building ;at the Diffley/Lexington intersection, along with a conceptual plan of the retail area,. This Amendment removes the gas station along Diffley Road and the garden -type floral shop near the eastern property line, replacing them with the restaurant and theater, respectively. The retail building was shifted slightly to the south and will now provide direct pedestrian access from the Diffley Road side of the building to the ice arena. EXISTING CONDITIONS The site is open grassland, void of any significant vegetation. Adjacent land uses are undeveloped, single-family land to the east, most of which was down -zoned from a CSC designation in the past couple of years. PF (Public Facilities) districts that include a church site, Northview Elementary School, and the high school are on the north side of Diffley Road, and a recently rezoned area from R-4 (Multiple) to PF (City park) is on the west of side of Lex-ington Avenue. That rezoning eliminated over 7OO multi -family units. The NSP north/south highline separates the CSC zoning from the commercial zoning all the way from Diffley Road to the east/west highline trail in Wedgewood Park to the south. A bike trail will be constructed in that area. The approved Planned Development in 1975 allowed 170 acres of commercial development in this area and it has been reduced to the remaining 88 acres, including the area south of Lexington Pointe Parkway. SITE PLAN Retail Mall The retail mall would consist of approximately 95,000 square feet with primary access to Diffley Road. For comparison purposes, Town Centre Shoppes at the corner of Denmark Avenue and Town Centre Drive contains approximately 70,000 square feet. The major anchor will be a small grocery store consisting of 20,000 square feet with expansion area to approximately 440,000 square feet, similar to a Lund's or a Byerly's. The center will be constructed of brick with an appearance somewhat like Thomas Lake Center. All trash and .recycling areas should be contained within the building. As proposed, all setback and parking requirements meet Code requirements. Ice Arena The building itself would consist of approximately 75,000 square feet and' be constructed of the same brick as the retail center. The ice arena will ultimately have two sheets of ice. The initial sheet is proposed to be olympic-sized with retractable seating so the ice area can be reduced to the standard size. Seating capacity has not been finalized as of yet; however, 1,000 to 1,500 seats are anticipated with the olympic-sized sheet. The other sheet will have seating for approximately 600 to 800 spectators. Between the ice areas will be the locker room facilities and the area for management personnel. Above the locker area will be a glass - enclosed mezzanine area overlooking the rinks,, which can also be used for overflow or standing -room -only seating This area also can double as a meeting hall/reception area. It will be equipped with bathrooms and a kitchen. Approximately 750 automobile parking stalls and 8 bus stalls have been provided for the ice area/YMCA facility. YMCA Buildina The building will contain approximately 35,000 to 40,000 square feet and will also be constructed of the same material as the ice arena and retail area. It will feature an indoor/outdoor swimming pool, an outdoor tot pool, and gymnasium and workout facilities. Movie Theater This brick building would contain approximately 20,000 to 25,000 square feet containing five or six screens. The facility would have approximately 1,-000 seats„ similar to the theater in Apple Valley, just east of Cedar Avenue and north of County Road 42.. Outlots The outlots fronting on Diffley Road are designated for restaurant, entertainment, or day-care use. The ones along Lexington Avenue are for automobile service -related uses (such as a car wash and gas station.), A conceptual landscape plan was provided with Eagan Center 4th Addition. A revised plan or extended plan including, the ice arena/YMCA and the area along Lexington Avenue should be included in the Planned Development Agreement,, as well as overall pylon sign locations. six pylon signs are proposed along Diffley Road, including one each for the outlots that are approximately one acre in size.. The signs are proposed to be approximately 210 to 220 feet apart,, not meeting the 300 -foot -spacing requirement. This is similar to the fast-food area along Yankee Doodle Road, where a separate sign agreement was prepared to allow the signs in the designated locations. Park Issues There were no comments. �M PUBLIC STREET AND UTILITY CONCEPTUAL REVIEW Sanitary sewer of sufficient depth and capacity is readily available for lateral connection and extension in Lexington Avenue and Daniel Drive. A lateral sanitary sewer extension is required from Patrick Road easterly through the proposed strip shopping center site to serve the Outlots adjacent to Diffley Road as well as the strip shopping center. A sanitary sewer extension along the proposed Lexington Pointe Parkway is also required to serve the proposed YMCA and ice arena as well as the southerly adjacent property. The storm water runoff for the 48 acres north of Lexington Pointe Parkway and the area south of Lexington Pointe Parkway is divided into 3 basic drainage districts. The area easterly and adjacent to Lexington Avenue for approximately 150' is designated to drain into the Lexington Avenue storm sewer system. The parking lot area to serve the proposed strip shopping center and the Outlot areas along Diffley Road are designated to drain to the northeast into the existing storm sewer system in Daniel Drive. The area around the proposed YMCA and the ice arena is designated to flow southerly to Pond JP -50. JP -50 is a designated ponding area in the City's Comprehensive Storm Sewer Plan. watermain of sufficient capacity is readily available to serve the site on the west, north, and east sides. The City's Water Supply & Distribution Plan shows a trunk watermain extension from the 12" watermain in Patrick Road to be extended easterly through the site with a connection to the existing 12" watermain installed in Daniel Drive. The Water Supply & Distribution Plan also calls for a 12" watermain extension from the existing watermain in Patrick Road southerly to Lexington Pointe Parkway and then westerly to the existing trunk watermain in Lexington Avenue. The plan also designates that an 8" watermain would be extended from the 12" watermain in proposed Lexington Pointe Parkway easterly to the existing 8" watermain installed with the Lexington Pointe developments. Public street access to the proposedsite is provided with Lexington Avenue on the west, Diffley Road on the north, Daniel Drive on the east and proposed Lexington Pointe Parkway on the south. A detailed site impact traffic evaluation of this site will be required with subsequent phases of the development process. what the site impact traffic evaluation report will identify is such items as potential conflicts between internal commercial site access and parking lot circulation functions, geometrics of access points onto the adjacent public street system (turn lane requirements), parking lot access points onto the internal circulation roadway, general parking lot circulation, and the needs for any widening of the existing roadway system as well as traffic signal requirements if any. �1J 1\L V. LTRLI.d ,7LE JRosene Bonestroo "Q Anderiik & I Associates Engineers & /Architects September 15, 1989 Mr. Michael Foertsch, P.E. Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr Foertsch: L Y :w W� on G. BVRID RE &O W'Fbw .. PE. imeph C. AfdenA RE. BOAov A LerMr4 RE. Rcw d E Tune, P.E. Jaron C CRsm RE. C>tenn R. Ccck PE. Tro s E NaWn, RE. morn G S[huneTR. PE. LQ m l Son". PE. Fe h A Cb,DOh. PE. Rchm W F 9 PE. ow-, c BwWWL RE. J,ny. A BwPOoh. PE. Man A FtimM: P.E. 14 K FeiC, RE. MK l 7 Rautmam RE. ft a iR..Pklleik. PE. 'DMO O I—A, RE. Tromp W Rlenon. PE. RE: CONCEPTUAL SITE PLAN REVIEW FOR EAGAN CENTER Our File, No. 499009 M[t6W C, Lynch. RE. James R WWRE, Remem P Ando o PE. [aim A Bu Mm. RE- Wrk R RLR P.E. WEen C- RuUek. AIA, Tronas E. Angus P.E. Np W A Sanlwe., RE. Dane) J EOBRmn: PE. Mnk A'Sep PE. P„ ip,J Cas , PE. Mask D. WRlim RE.. Tromas R.AnOe .AIA. Gary F. "y ,.PE. Charcl A Enck Lft M, Ra Inky Hawn M 06 3, M. Ebednc.PW At your request, we have conducted a preliminary examination of the conceptual site plan for the proposed Eagan Center development, which is part of the re- quested Lexington South P.D. revision. The plan sheets which were reviewed, while undated, were stamped as received by the City on September 1. You re- quested comments of a;general nature about traffic and parking issues on this 48 -acre site combining commercial and recreational land uses,: As proposed, there would be a major conflict between internal commercial site access and parking circulation functions. The 'roadway' which parallels Dif- fley Road on the south side of outlots B-E and J and curves south to Patrick Road is being asked to perform both of these functions, which are fundamental- ly incompatible. This roadway should be designed as a street because the need to provide site access is the most important, and will be its primary function whether it is designed to adequately provide it, or not. It would also be preferable for this 'roadway' to be a public, rather than private, °street. Whether the Ci'"ty''le design standards for streets should be compromised in any manner in this case is debatable, but it may be in appro- priate subject for negotiation. The extension of this roadway south from Patrick Road to Lexington pointe 'Parkway should perhaps also be public. The other streets shown within the development could be private. 'The north -south connecting roadway between Diffley Road and this east -west roadway should definitely be a public street, and no access should be provided from it to outlots 8 and J. The 34 -foot width shown is nearly certain to be inadequate, and the proposed reverse curve realignment of the school driveway is impractical. The design of the site access point on Daniel Drive is also inadequate. Page 1. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 Access from Diffley Road to the .theater site and ice arena is unnecessarily difficult, requiring a circuitous route through the parking lot. A direct, street-type connection from Lexington Pointe Parkway to the east-vest roadway south of the outlots (between the theaters and liquor store) would be a better design. No access should be permitted to Lexington pointe Parkway between Lexington Avenue and the north-soutb street east of the gas/convenience store and car wash/auto service site. In addition, there area number of locations in which the geometric design of the internal site roadways and parking lots used to be improved in order for them to operate in a satisfactory manner. The above comments reflect the most important traffic-and parking-related' concerns that are evident in a preliminary examination of the site plan. Development of the type and density proposed for this 48-acre plus site can, of course, be expected to generate a significant amount of traffic. The im- pacts on the adjacent roadway network would be significant, and as such access to the site needs to be carefully analyzed. It is strongly recommended that the City require the developer to submit what is known as a 'site impact traffic evaluation• report, prepared by a qualified transportation/traffic engineer. The City would review the report with respect to its thoroughness, reasonableness of assumptions and conclusions, roadway improvements required, anticipated costs and how they would be paid, etc. A site impact traffic evaluation study, now routinely required by many commu- cities prior to granting approval of proposed commercial and large-scale residential developments, should analyze the expected traffic impacts for the, year of project completion, as well as ten to twenty years later. Access points can then be properly designed and located, and any improvements that will be needed (such as widening and traffic signals) can be identified and planned. It is in the best interests of both the City and the developer to know these needs now. We recommend that, in the future, the City of Eagan routinely require a site impact traffic evaluation on any proposed major development. If you have any questions or require additional information, please do not hesitate to call me at 636-4600. Yours very truly, RONESTR00, ROSENE, ANDERLIR E ASSOCIATES, INC. 1*_ J444ec Gary F. Rylander, P.E. Chief Transportation Engineer Page 2. ��1 PLANNED DEVELOPMENT CONDITIONS 1. An Amendment to the Lexington South Planned Development shall be made that illustrates the conceptual design of the retail area/ice arena. 2. All four sides of the buildings shall be constructed of, brick. 3. All rooftop mechanical equipment shall be screened. 4. No exterior sales displays, advertising, or outdoor speaker advertising shall be permitted. 5. An overall landscape plan shall be attached to the Planned Development Agreement. All landscaped areas shall be irrigated. Three-foot berming along Diffley Road and Lexington Avenue shall be required. 6. An overall sign plan shall be attached to the PD Agreement. The Variance to allow the pylon signs shall be permitted in the locations shown on the conceptual site plan. Separate Conditional Use Permits will not be required. All signage on the retail area shall be contained within the uniform sign band. All signage shall be subject to the City's sign fee. 7. All trash and recycling storage for the retail building, ice arena, and YMCA shall be contained within the buildings . All other areas shall either have it contained within the building .or in a structure attached to the building and constructed of the same building material. 8. All environmental permits shall be obtained prior to any construction. ��R a mullillmil Arr: I ��Y ta... i w-11 a mullillmil Arr: I ta... w-11 a mullillmil Arr: I I F �: L— ." .•.^� . I :...1N' I�.1_ tet._ I I � I EI N y tlK - - A -• sr — a x / a / < O w I ~ I I ' m F 1 1 RBVI110nS�T.•�„ � EEBIT# LEXINGTON PONTE VJRVEYINTCO:ONC. •""`.�. •��•• 'G�S1L�Spn.'� TRI-LAND i:.y....� EAGAHCENTER PR:A spJEvM/ENOWERS/PLANNERS an_._ .n Page 8/Eagan Advisory Planning Commission Minutes September 26, 1989 Trygg felt the Commission should act upori:::'the present application only. City Attorney Mike DougFfei:ty,inforfied the Commission that building materials were a permAiid;::ttrt Merkley moved, Trygg seconded, the motion to close the public hearing and approve a conditional use permit to allow outdoor storage on Lot 5, Block 2, Halley's Addition located along Biscayne Avenue in the southeast quarter.:ofi.:.,Secti.on.:36, as requested by Loomis, Inc., subject to the tpritiatt::3d:itriple rows of 3 -foot trees shall be planted in the spring::of 19.0 along the north and east property lines. All voted in favor. WAIVER OF PLAT/7-.HEODO,RE-:-WALDOR Chairman Pawlenty convene3 the public hearing regarding a waiver of plat in order to split Lot 3, Block 1, Sibley Terminal Industrial Park located along Terminal Drive in the east half of Section 8. City Planner Jim Sturm summarized the application for the Commission. Ted Waldor (applicaztl>:nformed the Commission he owned Lot 3 and explained his reason request. Voracek moved, Graves seconded, the: motion to close the public hearing and approve a waiver of pla:t:;;ty allow a split of Lot 3, Block 1, Sibley Terminal Indus:t=;oLl:park located along Terminal Drive in the east half of Sect6n'8, as requested by Theodore Waldor, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall c&nf.otm::V th:;a11:other applicable Code requirements. All voted in favor. PLANNED DEVELOPMENT AMENDMENT/TRI-LAND PARTNERSHIP Chairman Pawlenty opened the public hearing regarding an amendment to the Lexington South Planned Development to allow a commercial center with recreational uses loo:ated at the southeast intersection of Diffley Road and Lexington:lvenue in the northwest quarter of Section 26. City Planner Jim Sturm expla ized::tie application to the Commission and stated that a Planned Development amendment was the only item before the Commission at the present time. He reported that the major issue was traffic circulation and that a study would be needed at the time of platting. Page 9/Eagan Advisory Planning Commission Minutes September 26, 1989 Brad Swenson (applicant):: -::Informed tbg::::Commission that the proposed plans would blend priV4.te, and.,g'uasi-public uses. He presented the history of the s 'te:::;dY�fl;:::at;ated that the infrastructure would support the devk-oi=ent. He pointed out there were many schools, churches and parks in the area and that it was good topography. He felt there would be excellent visibility and the roads could handle the development. He described the proposed uses including the ice arena....,He.;;stated,.;.be...would be selling to the YMCA at a loss. He felt the its:;:t:na::wauld::give the community an identity. Len Williham (architect) described the::specifics of the arena. Brad Schmidt (Eagan Hockey;�kss'bii. �pn) was very excited about the proposal as the Associatitin"needed'the space and the ice time. He urged approval of the application. Dave Lang (Assistant Principle at Eagan High School) informed the Commission he was present at the meeting but was not representing the School. He gave.a presentation regarding the background of the School needs...,.— d;::h.is personal opinions. He felt the ice time was needed. He pointed:64t:xthat the new school would open next year. Darrel Silberness (YMCA) stated':.thdre`was a three to seven year plan to build the Eagan fae3'F_.ty and felt it was an ideal location and a good development. Commissionmember Merkley requested Mr. Foertsch to highlight the traffic problems. Assistant City Engineer Mike Foertsch stated that the traffic was not a problem at this point but just a question. He outlined the areas:.,Df:cos ern:::::.Commissionmember Graves xe: questioned the access and traff:::Mr::'E'h gave a detailed explanation. There was discussion regarding.:iuture platting and traffic studies. Commissionmember Gorman asked for the::seating capacity of the arena. The architect stated there would be :8500 seats in the large area and 700 to 800 in the small area. He questioned if the parking stalls could accommodate the seating. City Planner Jim Sturm replied there was no basis for parking based on the seating. There was further discussion regarding the parking.. Chairman Pawlenty stated it was a very exciting and attractive project. Commissionmember use would decrease and had concerns regarding the:::: Ale'-hi:ahEl:::af, an abandoned retail center. Commissionmember Voracek pointed out.;that hockey was very popular and that the arena would be a benef::t to the community. He felt it complimented the retail use. Page 10/Eagan Advisory Planning Commission Minutes September 26, 1989 Miller moved, Voracek seconded, the.Ai6tion to close the public hearing and approve an amendniiiiit::t,Q:-.-th.e::: L�kington South Planned Development to allow a commerc1:4;V'.ce0.tg . r .. : x with recreational uses located at the southeast intersectibn'of Diffley Road and Lexington Avenue in the northwest quarter of Section 26, as requested by Tri -Land Partnership, subject to the following conditions: 1. An Amendment to the Lex in< .jtpn::South: Planned Development shall be made that design of the retail area/ice arena. ..... ..... 2. All four sides of the build),ngs shdJ1 be constructed of brick. 3. All rooftop mechanical: equipm6ft'' shall be screened. 4. No exterior sales displays, advertising, or outdoor speaker advertising shall be permitted. 5. An overall landscape�.Ian shall be attached to the Planned Development Agreement. All laks.d�PL-d. areas shall be irrigated. Three-foot berming along Diffley Lexington Avenue shall be required. 6. An overall sign plan .,a sha.l: ... attached to the PD Agreement. The variance to allow the pyl ' wi:.slgfis shall be permitted in the locations shown on the conceptual site plan. separate conditional use permits will not be required. All signage on the retail area shall be contained within the uniform sign band. All signage shall be subject to the City's sign fee. 7. All trash and recyclih .......... f. retail building, ice arena, and YMCA shall be tbiitainedrVithln the buildings. All other areas shall either have it contained.:..wd thin the building or in a structure attached to the buildi�g ana:::.-constructed of the same building material. 8. All envirvonmental permits shall be obtained prior to any construction. All voted in favor. MINNESOTA PUBLIC RADr:P.:, Community Development Dir'e'C6t'.*'.r . : "'Dal.O,'- 'Mi h . kle recommended the matter be placed on the October 17, 1989 meeting rather than the October 3, 1989 Council meeting. Trygg moved, Miller seconded, the motion to place the Minnesota Public Radio conditional use permit application on the October 17, 1989 City Council agenda. All voted in favor. JE3 12'rn F. Fla t-;an1 Irail tit . Pmil , `lu. "5123 Ocluher 4, 19H'1 Planning Counnissi(in City Ilan Eagan, Mn. .5.5122 Dear planning Commission: Alt -hough no one spoke against ilre prnpnse ice rink complex at voir last meeting, njy hushnnd and I are opposed to this project planuerl at i)iff ley and Lesiligtnn. Our primary nhjer.tinn is, that once again, there will be a retail/rntr.rwinment coollylex in the middle of a primarily residential arra. Eike mane other Saganites, we have always liven nppospd to this fragnleritrrl, as oppnsed to centralized, approach to planning. Added to the high school, it will create he,nv traffin nn 1lifiley and wilderness Run, which were not hasigne Inn cninnerical traffic. III. also know, thal ilrspil:e 1:11e talk of private, funding, we are gr•iig taxed inn Ihis prr,i,inri, somrhow, someway, someday. uur liens have gone ip over S9rlu in the past few years. if this prni,nsnl is atlnpl:rd, it will confirm nur decision to move from-/ Eagan (1. faxes 2. piining the i:eanty of the area with strips 3. Airpnri unise) we also nhjerl nn l.he mat ht nf: prinril:ies and principle, whl -le Japanese Oiildren are stirlying evenings and Sat.irday, American lernagors invest their time (late into the evening) mi hockey ri14-s ai'l Sports. Sports are good and have their place --it is uhnn thec ber.nmv' •I prior'ilN. and dominant force in adolescent rlevrinpmeit. we are willing to invesi. in 1`rogressivp, advanced dnr.alirnr that pats di:irirnds for )Dung people and the future-- sl iniuloting educalinnal centers fmj' ,Cf'1�q is's, diplomats with rumprehrusice intercult:utal skills, ar�st.: anti business people with Inig range strategic planning skills. we nave serious prnlllems with will+;alien; a hockey+ rink olid mnvi.e theaters aren't part of the sulution. Ihifnriinat,nly, this is next in heresy in b:ck.ey zealous Minnesota. Hut what do we want for the next generation --a memory of a hockey rink nr' young people with all npportunity to rievelop talents that will male a life long contribution to family', community and country' Respodfill 11', Mr. arnl 19rs. Uarlirl ,Sloan Chad Anderson 3665 Pinecrest Court Eagan, Minnesota 55123 September 28, 1989. Dear Mayor Ellison, I am writing to you concerning the proposed Eagan Ice Center and YMCA, which would be located on the corners of Lexington and Diffley Roads. This Ice Center, which has been proposed', would be of great use to the public. I am sure that you are aware of the need for an Ice Center, because of the rapid growth of the Eagan Hockey Association. This Center would be of great convenience for parents and their children. In the current situation children who play hockey in the Eagan Hockey Association must travel to Farmington, Inver Grove Heights and many other arenas that are over fifteen mixes away. I have always wanted an Ice Center close by where I could skate'. Now that someone is pushing it I thought that this wou'Id be a good time to express my views. Please support this project. I think it would serve a lot of people in Eagan and surrounding communities. I would appreciate your taking time to answer my letter. I would like to know what your opinions are on the proposed Ice Center. Thank You, i Chad Anderson October 5; 1989 Or, J ; Mr. Vic Ellison, Mayor and the Eagan City Council. Members City Hall Eagan, MN 55122 Dear Mayor and City Council Members, As residents of Eagan, the Simon family has a great interest in the proposed construction of an ice arena by Tri -Land Development. Our interest is created by our children (2 daughters and 1 son) who have an interest in ice skating both for pleaseure and hockey. The ice arena would also provide an opportunity for the Eagan community to be exposed to international competition with the olympic size ice surface. The whole concept of shopping center, movie theaters and ,ice arena provide a recreation and entertainment for the whole community. Other communities have these facilities, why can't we? We urge you to vote )LM on this proposed development. Sincerely, /\,k, 4� a- -Vv� Mike Simon �( Jan Simon ,dam 6,�n amie Simon Denise Simon T.J. Simon 4708 Penkwe Circle Eagan, MN 55122 2, 1. Aq.aaq.•I; jl SL�aiJJC f2i AP 11'6l3aU0LlT;. 1,7L1I.4.ul :LL•I u:j L.IIUUOW.L 6'"'Q 1L JOLl3L,'y L: u.i 2i4. r ,)L,.'u 1.'1 TIAl:1.4U;ILJ6 LL.Lla I —:1.1:3J0aa Dila. G.J. qur.','L I.L•J.!',i L' w4 LgiLu... o Ll:j. ::L: IL -;Liz: ..0 J.l4..,:] v L Iru".., Li Ii L' LLOII:: ,.:� LLIrLUIIll CIU .:L[T... ua U LI ( .L•1'.Ar L I L...O .i:1 LI1. IIdn •3.a T.:F U.) 4LL'q LIOTLL:. VUUAI uU'; }, L.:,.J.u.. "LLA ., r, f .; l Il+ :j :••l I• J . 1 L L. J.L l • Aa Writill.A.0 U...G .ILIu LLT .►:j T. L ""J 1:1 L:L IL,.,; LuLLi'I'a. UOT allj .:UI[baL r:l'[i) ILI:.l:1 .:LIVI.I.,J. U:j. IILIT'[UAL•:.I; .).0 calm t.1 ILIAILAI1 :I IIoLLU I C.Ut: e::I.11.,JI.0 IIL,:.''L: Iii fuaU::. 110L1(:d •yU LJuAJQ L,1ri:lOul1 L,11,. I LILZILL., J.J Jl..., f. lj:j LlJu'j ,x t l l:I A'L 1.LlJ 'iy J•L ll U [ L aS1iL906.j otl$'^T :: 11.{ I 11mL L• J:j dL IJ!1.1I C .i.. LLLJ'l Im .. l ::aulius:..L:a. L•:j j.... J OL[ ULL 'L'Ll':.: USall:l L:: L:,'I'L.TuL'. I.G.1) I.uU'Ca Laliil pIIL: a6lli,[II u:1..:Ls l.t i a 1TrILL L11L I -L'!... L:LI A" JLJ4 :1 L.Lj:I L•IIL. J.,J LIII I ' Lu MILaau DTIV' OALiaauL: LAW 'j.TulILl1L.J u:l L[ULIIL.:0 A'�'I:i� L•LIL, L.Lo :.0 fI url) -AITLLULTS ULJ.210 L;l SLL� u',.ii.Jllu Jl.lu u:: L. L,'L.I :1 J., 1�v.i..l ufLla. ,JU JUL,I:. -:.asoL:ua paLLUTIUcO aLLL.•i ra:.1U.n'IJ3n3 Ca. e:('[1 L•Lu...... r ulXL1 :i'cirl 11 UL:L1 L:'. LCC ::Lilf)u:uJ Labia Li UO r ,5:1o:1.L:A fJ.J u ,J.0 aU,J STAd-Ld a.M'LLL: jl:i.:fo:LUl LAW u.1rI::U.i'LLI '{L:ua'J L1:1.Y... 1 UU:IT L'L'•. .iun'L. .T..0 . 'i':. livil", DeULTJ LJL'L-'La ,..'1 ! L:Lut .1f,1�5 ill• LLll:iiU. 'LL1 J'[Ull3 lill)L, MEMO TO: HONORABLE MAYOR i CITY COUNC FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1989 SUBJECT: INFORMATIVE CYRIL BARRY CONTRIBUTION Mr. Cy Barry, who resides at 3760 Blackhawk Road, read an article about the restoration of the old Town Hall and sent a check to the City of Eagan in the amount of $250 to be used toward that purpose. Enclosed on page (0 is a letter sent to Mr. Barry on behalf of the City Council expressing appreciation for the contribution. The City Administrator will notify the Rotary Club and History Committee. THANK YOU LETTER FROM CITY OF BURNSVILLE In early September, the City Administrator sent a bouquet of flowers to the City of Burnsville to acknowledge the grand opening of their new City Hall and recognize the celebration of their 25th anniversary as a city. The bouquet was from the Mayor and members of the Eagan City Council on behalf of the City of Eagan. Enclosed on page -.7(( is a thank you note from the Burnsville City Manager. I -35W COUNCIL Kristy Marnin recently attended Council that was held on October that meeting, refer to the memo s2 /3 . DAKOTA COUNTY HRA UPDATE the third meeting of the I -35W 4 and for a review and update of enclosed on pages_C2 through The Dakota County HRA Update on assisted housing and community development activit fo Dakota Countyand the City of Eagan is enclosed on pages through(! for your review. MINNESOTA PUBLIC RADIO CONDITIONAL USE APPLICATION Enclosed on page iR is a copy of a letter from Christina Stalker, attorney for Minnesota Public Radio, requesting that the conditional use application be withdrawn and not appear on the October 17, 1989, Council agenda. PROTECTIVE INSPECTIONS MONTHLY REPORT/SEPTEMBER 1989 Enclosed on pages __through �cP��o is a copy of the September 19, 1989, Protective Inspections monthly report. EAGAN/MENDOTA HEIGHTS CORRIDOR STUDY Recently the City of Mendota Heights hired David Braslau Associates, Inc., and Robert Collette to prepare a study that would address the history of the corridor and recommend certain air traffic procedures as they relate today to the Eagan/Mendota Heights corridor. The study was completed and a copy provided to the City of Eagan. Unfortunately, many of the conclusions and findings are inaccurate and misleading. The City Administrator and Assistant to the City Administrator Hohenstein have felt a necessity to contact the Metropolitan Council and ask that they study the findings and address the integrity and original intent of the original compatible land use study that established the Eagan/Mendota Heights corridor. Assistant to the City Administrator Hohenstein has prepared an executive summary of the document that was presented to the Airport Relations Committee at a recent meeting. Please fer to a copy of that document on pages through A special meeting of the Airport Relations Committee is scheduled for October 30 and at that meeting it is anticipated that a resolution will be prepared regarding the study for City Council consideration. ECONOMIC DEVELOPMENT UPDATE The City was notified this week by the State that U. S. Memories has completed their study of the semi -conductor facility and apparently the plant does not meet the clean -room specifications they desire for a facility. They are, however, still interested in keeping The Waters site as an option. The staff was asked to provide some additional detail to the State on The Waters. The City Administrator was contacted by the representative of R. L. Johnson Leasing requesting that the Mayor & City Administrator meet with representatives of Anchor Hocking Plastics who are considering either a lease arrangement or purchase of the Donaldson Building. That meeting is scheduled for Friday the 13th and if there is news, the Mayor or City Administrator will share further at the meeting on Tuesday. AMM LEGISLATIVE POLICIES Enclosed without page number is a copy of the AMM Standing Policy Committee of the Legislative package for 1990. If any member of the City Council has a concern or would like to express some additional comments on any of the legislative items, please contact this office or share at the City Council meeting. /s/ Thomas L. Hedges City Administrator 20I CF 3830 PILOT KNOB ROAD VAC ELLISON EAGAN, MINNESOTA 55122-1897 Mop' PHONE(612) 454-8100 THOMAS EGAN FAX (612) 454-8363 DAVID N. GUSTAFSON PAMELA MCCRE4 THEODORE WACHTER Cwmil Hempen October 11, 1989 THONAS DVos cIm EUGENE VAN OVERBEKE CM Cwh CYRIL T. BARRY 1511 SOUTH 4TH ST MINNEAPOLIS, MN 55454 Dear Cy: On behalf of the Eagan City Council, I would like to express our sincere appreciation for your generous contribution toward the restoration efforts of the Old Town Hall. The City Council is very excited about preserving a building with such historical significance to our community; and the community support for this project is very strong. Your support and generosity will help make this goal a reality. Again, many thanks for your contribution. Sincerely, \\M-1—'— Thomas L. Hedges City Administrator cc: Mayor and Councilmembers TLH/vmd THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Aff^irmative Action Employer A%— ( 0 City of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612) 895-4400 October 5, 1989 Mayor Vic Ellison 3830 Pilot Knob Road Eagan, MN 55122 On behalf of the Mayor and City Council of Burnsville I wish to thank the Eagan City Council and the City of Eagan for sending the beautiful floral arrangement to help us celebrate our 25 Year Anniversary and Grand Opening. The flowers helped to brighten our lobby during the open house for our new City Hall. Thank you again for remembering us on the occasion of our Grand Opening. Sincerely, Linda Barton City Manager LB/mlg cc: Tom Hedges �% D (� TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: October 11, 1989 SUBJECT: I -35W Council Update #3 The third meeting of the I -35W Council was held on October 4, 1989. The agenda for this meeting included a presentation by the Minnesota Department of Transportation (MnDOT) regarding highway funding and project prioritization. A MnDOT representative provided a detailed overview of MnDOT's project selection process, which includes the following steps: project identification, program categorization, project prioritization, candidate project evaluation, and program review and approval. An interesting issue raised during this discussion is that, given the level of funding available from MnDOT and the estimated cost of improvements necessary to I -35W (including additional lanes, etc.), it is unlikely that sufficient funds from MnDOT will be available for a major I -35W improvement project. As such, other sources of funding will likely be necessary. Also at this meeting, elections of three at -large executive committee members and the committee officers took place. The elected at -large executive committee members are: Bonnie Featherstone, Burnsville business representative; Paul Hufnagle, Bloomington citizen representative; and Bob Morgan, Minneapolis staff representative. The elected committee officers are: Dan McElroy, chair; Carol Johnson, vice -chair; and Paul Hufnagle, secretary/ treasurer. A complete listing of the executive committee members is attached. The next meeting of the 35W Council is Wednesday, October 18, 1989. If you have any questions regarding the Council, please advise. cc: Dale Runkle Jim Sturm C 1�— 35W COUNCIL EXECUTIVE COMMITTEE MEMBERS Dakota County Mike Turner - Regular Alan Moe - Alternate Apple Valley Barbara Savanick - Regular Tom Melena - Alternate Bloomington Charlie Honchell - Regular Burnsville Dan McElroy - Regular Chuck Siggerud - Alternate Lakeville Bob Erickson - Regular Betty Sindt - Alternate Minneapolis Carol Johnson - Regular Brian Coyle - Alternate Richfield Don Fondrick - Regular Steve Quam - Alternate Savage Don Egan - Regular Mark McNeill - Alternate Hennepin County Regional Railroad Authority P - c3 Status Report for Dakota County** October, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Moderate Rehab Section 8 New Construction Low Rent Housing 235 Home 236 Rental Amount of Elderly Family Total (+/-)* 409 1125 1,534 0 117 207 324 -7 4 21 25 0 247 300 547 0 380 205 585 0 0 41 41 0 0 526 526 0 TOTAL ASSISTED HOUSING 1,157 2,4.25 3,582 -7 Amount Commercial/ of COMMUNITY DEVELOPMENT Elderly Family Multifamily Total Increase MHFA Local Participation 0 8 0 8 2 MHFA Home Improvement Loan 35 185 0 220 1 MHFA Home Rehab Loan 68 79 0 147 1 MHFA Home Energy Loan 11 146 0 157 3 Rental Rehab 38 49 5 92 0 CDBG Rehab Loan 90 187 0 277 2 CDBG Rehab Loan - Mobile Home 1 20 0 21 0 MHFA Solar Bank Energy Loan 0 8 0 8 0 312 Loan - Residential 4 15 0 19 0 312 Loan - Commercial/ Mixed Use N/A N/A 3 3 0 Weatherization 384 1,589 0 1,973 15 TOTAL COMMUNITY DEVELOPMENT 631 2,286 8 2,925 24 * + = Increase/- = Decrease ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. Status Report for the City of Eagan October, 1989 ASSISTED HOUSING Section 8 Existing: Certificates Vouchers Section 8 New Construction Low Rent Housing 236 Rental TOTAL ASSISTED HOUSING Elderly Family 33 25 0 0 0 58 COMMUNITY DEVELOPMENT Elderly MHFA Home Improvement Loan 2 MHFA Home Rehab Loan 3 MHFA Home Energy Loan 1 CDBG Rehab Loan 1 Weatherization 1 5 .TOTAL COMMUNITY DEVELOPMENT 12 * + = Increase/- = Decrease 222 51 33 22 144 472 Family 14 3 12 7 69 NEON Amount of Total (+/-)* 255 -1 76 -2 33 0 22 0 144 0 530 -3 Amount of Total Increase 16 0 6 0 13 1 8 0 74 0 117 1 LAW OFFICE MAHLUM & ASSOCIATES, 1 A PROFESSIONAL ASSOCIATION SUITE 2222, NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE 16121 2921995 WILLIAM M MAHLUM CHRISTINA STALKER FAX: 612292.9709 October 6, 1989 14r. Dale Runkle Community Development Uirector City of Eagan 3,830 Pilot Knob Road Eagan, tori 55122-1897 Re: Minnesota Public Radio Conditional Use Application Uear 14r. Runkle: I was unsuccessful in my attempt to contact you by telephone this date and write this letter instead. The purpose of this letter is to advise you that Minnesota Public. Radio has withdrawn its application from the agenda for the October 17, 1989 meeting of the City Council. Obviously, MPR was disappointed with the results of the September 26, 1989 Planning Commission meeting and, therefore, MPR is in the process of making revisions to its plans and will be resub- mitting the same to the Planning Commission for its considera- tion. MPR and this office have met with Mayor Ellison and the City Attorney, and the Mayor suggested this action. At the time of the resubmission, MPR will contact you first and advise you of the substance of the submission. If you have any questions, please feel free to contact the undersigned or Bill Mahl um. Very truly yours, MAH C i 8f: CHRIsrIAA srALKER Attorney at Law Cs:jb/2974M cc: Honorable Vic Ellison Mr. Thomas J. Kigin a((0 PRIFIVF(1i.1 i PROTECTIVE INSPECTIONS MONTHLY REPORT - SEPTEMBER 1989 NUMBER OF PERMITS ISSUED THIS ,MONTH YEAR-TO-DATE Electrical Plumbing HVAC Water Softener Signs Well, Cesspool, Septic Sever b Yater L -s 154 1,296 116 827 109 893 10 64 26 121 Tank 0 1 120 749 NATURE OF BUILDING PERMITS ISSUED U,raA TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEES 19 FOUNDATION 5 S $ 1,185.00 $ 1,186.50 447 SINGLE FAMILY 47 5,437,000 32,364.00 16,182.00 143,575.50 2 DUPLEX 0 69 TOWNHOUSE 4 288,000 2,056.00 1,028.00 11,089.50 0 CONDO 0 1 APT BLDGS 0 0 AGRICULTURAL 0 20 COhT,/IND (NEW) 3 241,600 1,268.00 625.00 2,264.50 110 COM":/IND REMODEL 12 654,000 4,504.00 2,117.00 21,416.00 12 COMM/IND ADDITION 4 4,605,000 13,382.00 6,691.00 42,869.50 0 INSTITUTIONAL 0 4 PUBLIC FACILITIES 0 24 RES. GARAGES 6 39,000 514.00 68.00 602.00 61 RES ADD./PORCH 7 60,000 732.00 _ 773.00 19 SWIM POOL 3 15,600 207.00 218.00 291 MISCELLANEOUS 23 306,200 2,194.00 104.00 2,459.00 4372 RAH4 RD., L2, B1 S 15.60 NS ADD. 0 DEMOLISH 15.00 HOUSE MOVES MO. SUBTOTAL 11,646,400 58,421.00 26,815.00 226,453.50 ADJUSTMENTS MO. TOTAL 114 1,079' YEAR-TO-DATE 112,212,500 538,883.50 255,087.00 2,732,207.95 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL &,INSTITUTIONAL BREAKDOWNS DATE SEPTEMBER 1989 BLDG. 1 1 I e PERMIT # a ADDRESS & LEGAL 1 OWNER e VALUATION 1 OCCUP. 1 855 APOLLO RD 1 1 1 17119 e L102., B2, EAG CTR IND PK 31 NATL MINERAL CORP1 $ 225,000 1 COMM NEW 1 3500 BLACKHAWK RD 1 a (COMM 17043 1 L014, BO, REG LAND SUR #4 1 MW e 16,000 16,000 e NEW 17078 1 1500 TOWERVIEW RD 1 1 1 1 L3, B1, UNISYS PARK 1 UNISYS 1 600 1 COMM NEW 1 655 LONE OAK DR 1 1 1 17093 1 L1, B1, CRAY 2ND 1 CRAY RESEARCH 1 2,930,000 1 COMM ADD 1 2180 GLORY DRIVE 1 1 1 17096 1 L1, B1, PEACEFUL HEIGHTS a PEACE REFORMED CHI 11100,000 1 PF ADD 1 2600 LONE OAK PT 1 1 1 17110 1 L1, B1, LONE OAK 2ND a NW AEROSPACE 1 400,000 1 COMM ADD 1 855 APOLLO RD 1 1 1 17118 1 L102, B2, EAG CTR IND PK 31 NATL MINERALS CORFA 175,000 1 COMM ADD 1 3500 YANKEE DRIVE 1 1 1 16904 1 L1, B1, R L JOHNSON 2ND e R L JOHNSON 1 371.000 1 1NT IMPR 1 3105 SIBLEY MEM HWY 1 1 1 17095_ _ 1 L5, BO, MEADOW VIEW a G. L. HARTMAN 1 65,000 TINT 1MPR 17012 1 2600 EAGAN WOODS DR 1 1 1 1 L1. B1. EAC WOODS OFC PK 1 TRAMMELL ^ROW ,^.0 1 58,000 I1NT IMPR 1 1254 TOWN CENTRE DR 1 e 1 17103 — - 1 L4, dl, TOWN CTR 100 6TH 1 FEDERAL LAND CO 1 40,000 TINT 1MPR 1 3773 HWY 149 1 1 1 17113 1 L1, B1, WEST PUBL 2ND a WEST PUBLISHING Cd 30.000 11NT 1MPR 1 1960 CLIFF LAKE RD 1 1 1 17109 1 L2, B1, CLIFF LAKE CTR 1 RHC ASSOC 1 25,000 TINT 1MPR 17015 1 1274 LONE OAK RD 1 LONE OAK PLAZA 1 e 1 L1, B1, EAC LEMAY LAKE 3RD1 LTD PTNRSHIP 1 18,000 11NT 1MPR 17042 1 1960 CLIFF LAKE RD 1 e e 1 L2, B1, CLIFF LAKE CTR 1 HOFFMAN DEVEL GROUP 15,000 11NT 1MPR 1 1301 CORP CTR DR 1 / 1 17059 1 L1, B3, EAG OF PK #1 1 OPUS CORP 1 11,000 1 1N 1MPR 1 1960 CLIFF LAKE RD 1 1 1 17111 e L2, B1, CLIFF LAKE CTR e RNC ASSOC 1 9.000 'INT 1MPR 17013 1 2600 EAGAN WOODS DR 1 / e 1 t.t . nt PAn 61MnC nF^ PK 1 TRAMMELL CROW 1 7,000 11NT IMPR 1 1256 LONE OAK RD 1 1 1 17036 1 L1, B1, EAG LEMAY LAKE 3RD1 LONE OAK PLAZA 1 5.000 I1NT IMPR 1 1 1 1 1 1 e 1 1 1 e 1 1 1 1 1 1 1 1 1 1 e a �8 PROTECTIVE INSPECTIONS — MONTHLY REPORT DATE SEPTEMBER 1989 MULll-P11M1L1 GI(f.Arl)UWN 1 MO. 11 1 MO. it 1 MO. # 11 YTD # 1 YTD 11 1 OF 1 OF 1 OF 11 OF 1 OF TYPE 1 PERMITS 1 UNITS 1 BLDGS. 11 UNITS 1 BLDGS. e e e IN 2 1 1 DUPLEX 1 1 t 11 2 1 1 1 t 1 n t 3—PLEX 1 t 1 el 3 1 1 1 t t n 1 1 1 1 11 1 4—PLEX 1 4 1 4 1 1 11 32 1 8 1 1 1 to 1 1 1 1 11 1 5—PLEX 1 1 1 11 5 1 1 1 1 1 11 1 1 1 1 11 1 6—PLEX 1 1 1 tl 12 1 2 1 1 1 t1 1 7—PLEX 1 1 1 tt 7 t 1 1 1 1 11 1 1 e 1 11 1 8—PLEX 1 1 1 111 135 1 17 1 1 1 11 1 1 1 1 11 1 10—PLEX 1 1 1 11 1 1 1 t 11 t I 1 1 11 1 12—PLEX 1 e 1 11 1 1 1 1 11 t 1 1 1 e1 1 16—PLEX 1 1 1 11 1 1 1 1 tl 1 I r 1 11 e APT. BLDG. 1 1 1 It 51 1 1 1 1 1 t1 t 1 t e el 1 OTHER 1 t 1 11 t 1 1 1 t1 t 1 1 1 tl t TOTAL 1 4 1 4 1 1 1t 250 1 33 1 1 t 11 1 PROTECTIVE INSPECTIONS MONTHLY REPORT _ SEPTEMBER 1988 NUMBER OF PERMITS ISSUED Electrical Plumbing HVAC Water Softener Signs Well, Cesspool, Septic T THIS MONTH 159 YEAR-TO-DATE NATURE OF BUILDING PERMITS ISSUED MONTHLY 1,328 761 133 TYPE NO. VALUATION PERMIT FEE LAN REV FEE TOTAL FEES 13 - FOUNDATION I 2 I$ I $ 83.001$ $ -83.00 537 1 56 j 5,652,0001 31,916.001 15,958.00 151,277.50 SINGLE FAMILY 26 DUPLEX 1 0 48 1 14 I 1,046,0001 6,618.001 3,309.00 35,596.50 TOWNH0USE 4 CONDO I 0 0 1 I 0 APT BLDGS 0 iAGRICULTURAL I 0 22 COP:=4RCIAL I 4I 3,951,00 12,480.001 6,240.001 70,803.50 ICOM!/IND 1 63 REMODEL 9I 369,00012,198.001 865.001 6,668.50 4 COMM/IND ADDITION 1 1 1 136,0001 692.001 346.00 1,106.00 2 INDUSTRIAL I 0 I 1 I 1 0 (INSTITUTIONAL 7 PUBLIC FACILITIES I 11 25,839,00 59,212.001 5,254.00 303,288.00 13 RES. GARAGES 41 28,00 328.00 344.00 48 41 52,00 516.00 176.00 719.00 RES. ADDITIONS 32 SWIM POOL 282 281 57,60 944.00 976.00 MISCELLANEOUS 1 0 DEMOLISH 2 0 HOUSE MOVES 1,104 123 37,130,60 114,987.00 32,148.00 570,862.00 MO. TOTALS - 1 (i sur- ADJUSTMENTS 1 20.00 1,103 YEAR-TO-DATE 117,376,03 520,380.001 225,872.50 2,507,816.60 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 11, 1989 SUBJECT: DAVID BRASLAU ASSOCIATES/EAGAN-MENDOTA HEIGHTS CORRIDOR STUDY The purpose of this memo is to brief you and the City Council the Corridor study prepared for the City of Mendota Heights by David Braslau Associates, Inc. and Robert Collette. The study is broken down into ten key issues and a proposal to modify procedures southeast of Minneapolis/St. Paul International Airport. A detailed review of the study will be forwarded to the Council by the Airport Relations Committee at a later date. The Committee has scheduled a special meeting on October 30, 1989 to consider a resolution regarding the study for Council consideration. BACKGROUND As you will recall, the City of Mendota Heights was a participant in a joint study, the purpose of which was to recommend air traffic procedures southeast of the airport which would relate to the area compatible land use known as the Eagan/Mendota Heights Corridor. This study was requested by both cities in a joint resolution dated July 17, 1986 and August 5, 1986. At the conclusion, several things occurred. First, the Federal Aviation Administration, which had actively participated in the study for more than a year, redefined its role as that of technical advisor and stated that it could not operate under any of the scenarios which had been considered to that point. Second, the City of Mendota Heights rejected a compromise proposed by the City of Eagan based on alternatives prepared by staff members of each city. In the intervening period, it has been the intention of the Metropolitan Aircraft Sound Abatement Council, through its Chair, Walter Rockenstein, to act as a mediator and suggest possible alternative solutions. In the meantime, the City of Mendota Heights commissioned its own study of the Corridor by Mr. Braslau and Mr. Collette. That study was presented for Mendota Heights Council's consideration at its September 19, 1989 meeting. The report was accepted and staff and the consultant were directed to prepare a resolution to request that the proposal made in the report be considered by MASAC and MAC for a 180 day test. SUMMARY The report reviews 10 issues relating either to the historical evolution of the compatible land use corridor and procedures or current operational constraints. The study concludes that the combination of post -deregulation traffic levels and FAA procedures cause the traditional. Corridor concept to be outdated. As a consequence, the study proposes that in exchange for a stricter boundary on the Mendota Heights side of the Corridor during off- peak hours, the FAA be allowed to fan aircraft from compass headings of 90 degrees to 150 degrees during eight peak hours of the day. While this proposal would add no new impacts to Mendota Heights and would, in fact, reduce impacts in certain areas which expected them under regional planning guidelines, it creates a dramatic shift of traffic to the south by a full 32 compass degrees south of the extended runway center line. This would open broad new areas of Eagan residential neighborhoods to severe noise impacts whenever the procedure would be in use. For a variety of reasons outlined below, implementation of such a proposal would result in the permanent and irreversible degradation of the Corridor concept. GENERAL 1. Unfortunately, Mendota Heights is receiving very poor advice from its consultant. The document as presented lacks a command of the facts and obscures pertinent issues while overstating the impact of less pertinent ones. It also appears to attempt to build a case for a pre -supposed outcome rather than objectively reviewing the facts and deducing conclusions from them. The concept of right turns away from the compatible land use corridor as a means of fitting the remaining traffic in the Corridor is not new. The FAA has made numerous attempts to dismantle the Corridor in the recent past. As was noted above, the FAA shifted standard operation procedures from 105 degrees north to 90 degrees and then south to the 11R localizer without any public process despite the fact that this heading was the assumption used in the regional planning process. The FAA also inserted the concept of exempting Stage 3 aircraft from Corridor procedures in the Part 150 Study. On at least two occasions, the FAA has suggested to Eagan residents that the City should permit a 160 degree track for departures to allow the remainder of the traffic to be more concentrated in the Corridor. Moreover, agency representa- tives have stated that they would no longer agree to Corridor procedures if they had not been agreed to in the past. Therefore, it is not surprising that a study done in part by a retired FAA tower employee would propose virtually the same thing. 2. The study refuses to consider the relationship of its proposal to either regional land use policy or compatible land uses. Mendota Heights has permitted unprecedented expansion of residential uses in previously undeveloped areas in known noise impact areas. The actions of one community to unilaterally redefine noise impact areas should not be rewarded by dramatic shifts in operations. Rather, each community should deal with the consequences of its own decisions. Further, the study labors under the illusion that if compatible land use does exist, it lies along the centerlines of the runways. Thus, its assertion that 30 degree fans in both directions represents an equitable procedure. Any objective review of compatible land uses will find that it lies generally north of the centerlines and that the reason that the parallel 105 degree headings were equitable regional policy is because the middle of the Corridor lies approximately 11 degrees north of centerline. Despite the study's insistence that the contours no longer describe noise impact, any new contours have to be based on procedures which relate as much as possible to this situation. 3. The study contends that the interests of Mendota Heights have not been represented in any of the Corridor decisions since 1973 and that as a consequence, Mendota Heights is entitled to special consideration in the future. This is clearly not supported by the facts. Mendota Heights was an active participant in virtually all decisions, studies and environmental reviews related to the airport, including those in 1973, the Noise Map Project and the Joint Corridor Study. 4. The study disregards existing data concerning the disproportionate noise impact in Eagan residential areas adjacent to the Corridor. While the L10 65 contour is an important decision-making tool, it represents only peak hour periods of the day when the impact on Mendota Heights is the worst. The Ldn 65 contour does understate the full effect of noise impacts, but it also takes into account all hours of the day and night as well as the impacts of arrivals and departures. Such a contour clearly shows the impacts are worse to the south. The study somewhat conversationally dismisses the use of the Ldn contour as a decision-making tool. 5. While the study does not address this fact, FAA policy states that the primary mechanism for noise abatement is the development of compatible land uses in areas surrounding airports. This study makes no attempt to define where the compatible land uses are, nor does it really acknowledge that operations ought to relate to them. Rather, it describes such expectations as being outmoded and unreasonable. There is probably nothing more reasonable than expecting an agency to responsibly use that which it asks for. 6. The study also disregards the effect that concentrations of traffic have along particular tracks. It seems to assert that tracks which are used virtually all the time for both arrivals and departures are similar to tracks which are used only periodically for departures and then in lower concentrations. In fact, most Metropolitan Airports Commission track maps demonstrate that most traffic can be constrained within an area of operations roughly 15 degrees wide, with an occasional 0�3 separation beyond this area. It is possible that the direction of propeller planes to headings outside of the corridor would allow this concentration to be even tighter. To suggest a 60 degree operational area when a 15 degree area compatible with regional policy can be used more than 95% of the time, it does not relate to the facts. 7. Perhaps the most troubling aspect of this study is that it is characteristic of the divide and -conquer situation in which cities active in the airport noise issue so frequently find themselves. Whether by design or not the FAA seems able to avoid responsibility in the most unusual policy areas while cities which are not responsible for the condition they are attempting to resolve seem compelled to argue with one another. Numerous attempts have been made to combine the interests of the cities and to focus on the point of the issue which is, "how can the airport and the FAA deal with the dramatic increase in traffic in the post deregulation period in a manner consistent with the communities which surround it?" Unfortunately, the Braslau study in a somewhat emotional tone attempts to take the City of Eagan to task for everything from regional land use policy to the effects of deregulation. This is not reasonable and is not a sound basis for policy formation. CONCLUSION It would appear from the foregoing that there are limited grounds for agreement. I do not believe that this is the case. While the concept of a broad fan approach is clearly not consistent with FAA policy, regional land use policy or the intent of those who made responsible land use decisions, there appear to be some grounds for consensus. If Mendota Heights would prefer fanning during the peak hours during their side of the corridor to disperse impact, that would have no effect on Eagan. Since, as the study points out, the traffic on the two runways is evenly balanced, they can be treated separately and flown in two distinct ways. This is not much different than what is done now. In addition, the proposal to define a 15 degree area of operations for off-peak hours is precisely what was intended by the joint corridor study. The only modification that would be necessary to make the proposal acceptable to Eagan is that Mendota Heights at least accept a fair share of the 15 degree cone north of 105 degree track assumed by the Met Council in its study. In such a scenario, the southern boundary would be defined as the first 5 degree magnetic heading increment north of center line and the northern boundary would be the 15 degree separation from that. At the present time that would be 115 degrees and 100 degrees. Eagan would also be well served by a depiction of the 15 degree cone on the radar screen. a a 4 It is my intention to take this memorandum to the Airport Relations Committee at its meeting of October 10. Based on that committee's review of the observations and conclusions concerning the Mendota Heights study, and upon its recommendation, staff will draft a resolution for Council consideration at its earliest opportunity. Let me stress that I feel very strongly that all communities around the airport should behave in a cooperative fashion with respect to the airport issue. It is unfortunate that the study that Mendota Heights' commissioned chose to take an aggressive tone and in spite of the study I hope that we can once again work cooperatively with Mendota Heights as a neighbor. By way of action steps, in addition.to a resolution in this regard, staff has contacted the Metropolitan Council and has requested its participation in discussions concerning this matter. While Mendota Heights' consultant has outlined a course of action which purposely excludes the Metropolitan Council for obvious reasons, I do not believe that any action will be taken without their input. I will keep you apprised of further developments in this regard. �� As sta t o the City Administrator JDH/vmd/jeh MINUTES OF A !-2.P ....,GULAR MEETING OF THE EAGAN:::P;:7,.y COUNC-4.1�:' EAGAN :01NNE' OTKI OCTOBER A regular meeting of the Eagan City Council was held on Tuesday, October 3, 1989, at the...-Ragan.Municipal Center. Present were Mayor Ellison and Council - Egan, Gustafson, and McCrea. Also present were City Adimilh-jst-r atit . . t Tom Hedges, Community Development Director Dale Runkle, Public %40'riks Director Tom Colbert and City Attorney James Sheldon. City Administrator Tom Hedges informed the Council that Item C (Project 536, Final Assessment Roll - South Oaks Addition) and Item F (Project 529, Final Assessment Roll - Cliff Lake center) under Public Hearings were to be continued. He also pointed out that Item A under old Business (Cedarva:le..B : oulevard - Vacate Right-of-way) should be listed under the Pulaid:Heaxinq section. .................. - Wachter moved, McCrea seconded, the::motion to approve the agenda as amended. All voted in September 19, 1989. Councilmember Egan pointed out the need for a spelling correction on page 11, in the last paragraph. "Mary Ranerite" should be corrected to "Mary Ramnarine". Egan moved, McCrea seconded:,- the motilp�p.: to approve the minutes ,:: ........... for the September 19, 1989 as amended. All voted in favor. .... .... August 30, 1989. Wachter moved, Egan seconded, the motion to approve the minutes for the August 30, 1989 special Council meeting as presented. All voted in favor. September 12, 1989. Wachter moved, McCrea seconded, the motion to approve the minutes for the September 12 meeting as presented. All voted in favo�.:..'..:::i.: DEPARTMENT HEAD BUSINESS City Administrator Tom Hedges informed the Council that in the 50th anniversary issue of the First Class magazine, there was an Page 2/EAGAN CITY COUNCIL MINUTES October 3, 1989 ................... ............................. ............................ ............................. ................ ....................... ....................... ................. I ..... ..... ........................... .... I ........................ ................ ..... .......... ..... ..... article with quotes from Chie.:f::.Southorn regarding the City's Peterbilt equipment. Councilmember Wachter reqUes't4d:.::.:6hAipdate regarding the landscape policy. Parks and Recreation Director Ken Vraa updated the Council and stated that a draft statement would be before the Council within a month. Councilmember Wachter haA::""'1' .. the compost pile ..Pu :.,UI3 and asked if there was a necessity -.i. : : t:" ' signs to alleviate any traffic problems. Administrative A9'&istant.:7on Hohenstein stated there was no change to the traffic '..p.attern....:at the present time but he would keep checking on the situAlt`k0n. SEt is PLAkT:::::: Council -member Wachter announced he felt the residents near the Seneca Plant had been taking the brunt of the problems not only for the City of Eagan but also for other neighboring communities. He suggested the Council pass a :resolution recommending that the MWCC pay $5,000.00 to each household.:,:1or. the inconvenience they had put up with over the years. councilme:iiOrs::::.Egan and Wachter both felt it would be a good faith gesture. ... MAy6f:lilison commented he had concerns that the cash would not:;: olve the:::4broblems regarding the matter. Wachter moved, Egan secoMdd the motion to approve a resolution recommending that the MWCC pay $5,000.00 to each resident of Wuthering Heights to reimburse them for the ongoing inconvenience. All voted in favor. CON,5FXT.AGENDA A. Personnel Items. 1. Seasonal Park Attendant. City Administrator Tom Hedges informed::.'the Council that he had authorized a change of position for Lei Lani Dick from seasonal worker to park attendant. No action was required on this item. 2. Seasonal Street Maintenance Worker, City Administrator Tom Hedges informed the Council that he had authorized the hiring of Jeffrey... Schaefer: -:as. a seasonal street maintenance worker for the..action was required on this item. .. . ..... Page 3/EAGAN CITY COUNCIL MINUTES October 3, 1989 3. Seasonal Park Maintena3'ce Worker:: City Administrator Tom Hedgebiined the Council that he had authorized the hiring of David Baumann as a seasonal park maintenance worker for the current season. No action was required on this item. 4. Sick Leave Policy. Councilmember Gustafson asked eibich of:: Page 4/EAGAN CITY COUNCIL MINUTES October 3, 1989 Councilmember Wachter asked if the rotting boards would be replaced and the insulation would be increased. City Administrator Tom Hedges responded that rotting boards would be checked and replaced and that he would check. into the insulation question and report back to the Council. It was recommended to award tiie contract to re -roof the Fire Administration Building to Walker Pogfing,,Gompany in the amount of $32,150.00. G. Proclamation. Red It was recommended to proclaim the week of October 22 through the 29th, 1989 as Red Ribbon Campaign Week in the City of Eagan. H. License Application, Amusement Devices/Pizza Hut Restaurant at 2130 Cliff Roadi It was recommended to approve an 'amusement devices license for the Pizza Hut located at 2130 Cl:kf Road;.::,i::::the City of Eagan. I. Contract 89-21, Receive;:$aS/Award Con inn - S}nrm Cowcrl ....._ Public Works Director Tom Colbert recommended to the Council that the bids be rejected with authorization given for re -solicitation of new bids with a Spring of 1990 completion date. It was recommended to rejec�t::Eh6.li'ftrfor Contract 89-21 (Effress Addition - Storm Sewer) and -author ze re -solicitation of new bids with a Spring of 1990 completion date. J. Contract 89-22, Receive Bidg;.Award::Cpntract (Hills of Stonebridge 2nd Addition - Storm Sewer and Watermainl. It was recommended to receive the bids for Contract 89-22 (Hills of Stonebridge 2nd Addition - Trunk Storm Sewer and watermain) and award the contract to the lowest responsible bidder, Brown & Cris, Inc., in the amount of $81,83;5:;82, and authorize the Mayor and City Clerk to execute all relatedd' ocuments. K. Proiect 58 is Oaks - Streetlights). It was recommended to receive the feasibility report for Project 586 (South Oaks Addition - Streetlights) and schedule a public hearing to be held on November 9, 1989. Page 5/EAGAN CITY COUNCIL MINUTES October 3, 1989 Councilmember Egan asked if the neighbors had been advised of the MnDOT cost sharing participation. He requested staff keep the neighbors advised. City Administrator Tom Hedges informed the Council that notices would be...sent:.regardi,ng the construction. Public Works Director Tom Co]#iecC::aEd::?gt the residents had not been specifically noticed but that:iie"wou1&m send a revised pending assessment roll to the residents Sk.ow.ing MhDOT participation. Mary Lou O'Hearn, 2888 Sibley?$jlls,tirive, had concerns regarding restrictive covenants:::,tmA §tat';0d.she had sent a letter to the City Administrator. City P:&Inistrator Tom Hedges responded to her concerns and referred the matter to the City Attorney. City Attorney James Sheldon informed the Council he had reviewed the letter, the mentioned abstract entry and state law. He stated that the covenants expired in 1985 and there was no longer a restriction. Councilmember Egaa,.,reported that covenants were good for 30 years which meant the covzi.ants in question began in 1955. Mr. Sheldon stated Councilmember E40a ..as.correct. It was recommended to award:tJ.ontract:::$9:-05 (Sibley Hills Drive ' and Skyline Road - Streets and Utlt'z!53`'to the successful lowest responsible bidder(Brown & Cri;s:�i:'.Jtt':'), and authorize the Mayor and City Clerk to execute all related documents. M. Project 588, Receive Petition/Authorize Feasibilitv Report (Silverbell Addition - Watermain). It was recommended to rece:iVe;-the::;petation for Project 58B (Silverbell Addition - Watermga:)::aiisthgtze the preparation of the feasibility report. N. Project 587, Receive ntry Pass 2nd Addition - It was recommended to receive the petition for Project 587 (Coventry Pass 2nd Addition - Storm Sewer) and authorize the preparation of the feasibility report. O. Contract 89-24, Approve Plans/Authorize Ad for Stratford Oaks - Sanitary Sewer and Sf r, Tm Sewer T It was recommended to apprt .;e :tt#a':.P AJ ::and specifications for Contract 89-24 (Stratford Oaks - Sanitary Sewer and Storm Sewer) and authorize the advertisement for a bid Q0.0ning to be held at 10:30 a.m., October 16, 1989. Page 6/EAGAN CITY COUNCIL MINUTES October 3, 1989 P. Contract 87-F, Final -Acceptance (B.yr Oak Hills - Streets and Utilities). It was recommended to approv2:CoritY'act 87-F (Bur Oak Hills 1st Addition - Streets and Utilities) and accept the improvements for perpetual City maintenance, subject to appropriate warranty provisions. It was recommended to receive :the bids:.for Contract 89-19 (Parking Lot Lighting - Ohmann and'T. as<s:lake Park) and award the contract to Corrigan Electric::CowAhy f;ox the alternate bid no. 1 contract amount of $18,007.00:" R. Contract Liahtina - Bridl Award It was recommended to receive the bids for Contract 89-20 (Lighting for Hockey and Plea$ur;e:;::Ice Rinks at Bridle Ridge Park) and to award the contract to C`'$5::::;:leckric in the amount of $37,000.00. W arm R] It was recommended to approve the plans for Contract 89-23 (Construction of Trails at Trapp Farm Park, Thomas Lake Park and Other Miscellaneous City Locations) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Monday, October 16, 1989. T. Final Plat, Coventry pass: It was recommended to approve thj findl:Plat for Coventry Pass. U. Final Plat, Oak Cliff 5th Addition::: It was recommended to approve the final plat for Oak Cliff 5th Addition. V. It was recommended to apprtiv t3ie:glatis for Contract 89-25 (Rusten Road - Streets and Utilities) and authorize a bid opening to be held at 11:00 a.m., October 16, 1989:1;:::::: Page 7/EAGAN CITY COUNCIL MINUTES October 3, 1989 McCrea moved, Wachter seconded, the: -motion to approve the consent agenda items as amendi6:,. and autiybiize their implementation. All voted in fay4f.; JOINT POWERS AGREEMENT/ WASTE City Administrator Tom Hedges briefed the Council on the matter. McCrea moved, Egan seconded;,ttie-mot'xoh to approve the Joint Powers Agreement between Dakota Co�tSty, tbe:City of Eagan, and Unisys Corporation for household hszardous:.;:waste collection. All voted in favor. ZOO AMPHITHEATRE City Administrator Tom Hedges informed the Council that he had received petitions regarding the amphitheatre. He requested direction from the Council in responding to the residents. Councilmember McCrea suggested:.sending a letter acknowledging receipt of the petition and tiiiztiier.to keep the petitions on file. Councilmember Wachter suggested resp(>rid:ing in a newsletter and press releases. City Administrator state3 he would prepare the press releases for the papers and.::the newsletter. City Administrator Tom Hedges reminded the Council that the annual bus tour would be on Thursday, October 12, 1989 at 3:00 p.m. He pointed out that Tom Wilson, Principal for Eagan High School, would speak regarding the new Eagan High School. ECONOMIC DEVtLbPME3T :::0 Mi ISSION City Administrator Tom Hedges Xetuested direction from the Council regarding the accepted res ignation..of Corey Cleveland from the Economic Development Commission:3Yad hi$::;teplacement. He questioned if he should send letters to th®::Eagan banks notifying them of the need for a replacement; or if he should notice the matter in the newspaper; or if the matter should wait until the organizational meeting. Mayor Ellison responded he felt the C:1fy Administrator should send letters to the businesses and wait until the organizational meeting. LONE OAK 2ND ADDITION)UTILITY EASEMENT VACATION City Administrator Tom Hedges summari2ed the petition for the Council. Public Works Director Tom Colbert informed the Council Page 8/EAGAN CITY COUNCIL MINUTES October 3, 1989 that he had received no objections regardJpg the petition and recommended approval. McCrea moved, Egan seconded;�t ttiotion to close the public hearing and to vacate the utility easement within Lot 1, Block 1, Lone Oak 2nd Addition as described, subject to the watermain being relocated to a newly described easement dedicated to the City, all at no cost, prior to issuance of ..the building permit. All voted in favor. FINAL ASSESSMENT HEARING/PRtA3ECT 539/ EAGANDALE CENTER INDUSTRIAL PARZ..10TH ADDITION City Administrator TomHedgs:eiCplaiied the hearing procedure. Public Works Director Tom Colbert updated the Council on the project. Egan moved, Gustafson seconded, the motion to close the public hearing and adopt the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and authorize its certification to: Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/ Mayor Ellison opened the would be continued to the Oct OAKS ADDITION ring and stated the matter 89 City Council meeting. Wachter moved, McCrea seconded, the motion to close the public hearing and continue the final assessment hearing for Project 536 (South Oaks Addition - Streets and Utilities) to the October 17, 1989 City Council meeting. All voted in favor. FINAL ASSESSMENT HEARIN'ai{:PRoi7.CT'::435.3iEAST CLIFF ROAD City Administrator Tom Hedges isitroduced the matter. Public Works Director Tom Colbert updated tko Coui3ezl regarding the matter and stated he had received no objections. McCrea moved, Wachter seconded, the motion to close the public hearing and adopt the final assessment roll for Project 463 (East Cliff Road - Streets) and authorize its certification to Dakota County. FINAL ASSESSMENT HEARING/PROJECT.525/WOODLANDS City Administrator TomHezi$$ siadtitaY$zed the matter for the Council. Public Works Director, 'Tom Colbert presented the background information and informed the Council that h.d.had received an objection letter on October 2, 1989 from Wendell and Lorraine Widstrom. He showed the layout and diagram to the Council and explained the assessment roll allocations and rates. He reported Page 9/EAGAN CITY COUNCIL MINUTES October 3, 1989 that Widstroms' concerns were:::;regarding their belief there was no benefit to their property. Dan Boivin (Attorney for W dift-id9 pointed out on the map the agricultural and homestead parcels of the Widstroms. He explained the problems regarding the two ponds and stated that the Widstroms had lost use of part of their land, approximately 1/4 acre, because of the Woodlands development....[ie.,,furthe.r p.Q-inted out that the Widstroms received no special:::�'40tlt::tza::: heir property. He reported that special assessmeats'iieeded to. -:be uniform under the law and felt his clients were not being assessed uniformly. He requested Council review of the matter and::::asked that his clients not be assessed for the improvement:;::. Councilmember Wachter asked if there was cattle grazing on the widstrom property. Mr. Widstrom responded yes. He explained the water problem in relation to the cattle. Mayor Ellison requested Public Works Director Tom Colbert explain the assessment procedure, to the public. Public Works Director Tom Colbd.it::::re.viewed the procedure and the assessments to be assessed to.,the"Widstrom property. He stated that the City did not assess propdrties.,:twice for an improvement. He diagramed the Widstrom and wooclJ;.d3i3::;properties, the lift station and the ponds. Mr. Boivin remarked that the Widstrom property had decreased in value and that the benefit was to the Woodlands development and the other three lots. Mayor Ellison pointed out that the trunk storm sewer improvements increased the value of property. Mr. Boivin responded that the improvement::wagid.:::only bring the Widstrom property back up to its currentt:*tatisi Public Works Director Tom Colbe=- asked:the Widstroms where the water runoff was on their property. Mr::::Widstrom stated the water ran east of the Widstrom property ontifi:the Woodlands. Mayor Ellison pointed out that Green Acres was available to ten acre tracts. Mrs. Widstrom had concerns regarding the interest involved with Green Acres. She stated that she had called the City regarding paint in the storm sewer and pond.,and that an Eagan representative explained it was hydraulic oil. She further stated that the City of Eagan had cleaned up the hydraulic oil but had concerns because the Eagan repres..en:tatiwe:::wae inconsiderate. City Administrator Tom Hedges reported: Clint::.:h4::hAd received a notice from Dakota County that it had cleaned up tk4.e oil. Mr. Widstrom informed the Council that City employee, Mr:::Bruestle, was the Eagan employee they had been in contact with City Administrator Tom Hedges stated he would check into the actions of the City employee. He further pointed out that land uses were currently Page 10/EAGAN CITY COUNCIL MINUTES October 3, 1989 being discussed and that Community Development Director Dale Runkle would contact the Widstroms arid.explain::thb matter. Greg Whipple informed the `dd.unc l` he had purchased the property in the triangular piece and that he had received no written notice of the public hearing. He had been informed of the meeting by telephone. He requested R-1 zoning on his property. City Administrator Tom H6a.... ;ex .:g rir'd the land use designation and zoning revies4 eiid '1irtiier::.i.3 plained the assessment rate allocation according to use da0ignat3pn. City Attorney James Sheldon commented that the City Council had. an opportunity to re-evaluate assessments and to re -a sess:is'needed. Mr. Whipple objected to :the'assessimeht and asked when the land use would change. City Administrator Tom Hedges responded that he would be contacting all owners in the near future. Community Development Director Dale Runkle updated the Council regarding the status of the matter. Public Works Director To was not listed as an owner in reason he was not noticed. He the lot split. Mr. Whipple ex Contract for Deed and had not Smelting. City Administrator with staff regarding the lot the time of his purchase ther i:::Colbert pointed out that Mr. Whipple tI e::. oUnty,.records and that was the further stated there was no record of 11a:ied he.purthased the property on yet:::recea:ved a deed from Gopher om::Hedges suggested Mr. Whipple work tilt. Mr. Whipple remarked that at were no pending assessments. Councilmember Egan had questions regarding the City ponding on the Widstrom property and questioned if there was a need for easements. Public Works Director-T.pm-Colber:t stated he was not aware of any City ponding on;t......W3t#S:t:roM::;:property as he understood the storm sewer discharged on t'iie"Woodland'"property. He stated he would review the matter. Mrs. Widstrom pointed out her pXoperty:,location on the map and explained the ponding problem. She stated Itwas reverse of what the City suggested. She reported that water covers the fence line. Mr. Colbert reiterated he would review and verify the matter. Councilmember Gustafson reported there was Green Acres potential on the property, that asses sments::'::would not be collected unless they benefitted the property and that the owners could request a land use change. Mr..:.Wbh p.ple:.:.bad.:.:questions and concerns regarding land use changes an&:Iib" t::n:::the assessments. City Attorney James Sheldon emphasized- mphas zedtiiat"tiie Council could review the matter at a future time and could re -assess.:;:: McCrea moved, Egan seconded, the motion the to close the public hearing and adopt the final assessment roll for Project 525 Page 11/EAGAN CITY COUNCIL MINUTES October 3, 1989 (Woodlands - Trunk Storm Sewex:).and authorize its certification to Dakota County; noted the Wend&'11'and Loriralne Widstrom complaint and directed staff to work with..' e:: ll# troms regarding the water flow. All voted in favor. FINAL ASSESSMENT ROLL/PROJECT 529/CLIFF LAKE CENTRE Mayor Ellison opened the.pub,iic hearing regarding the matter and City Administrator Tom HedgeS::::FeCpt� .si. ;ed the matter be continued to the October 17, 1989''Cii toihdil meeting. Wachter moved, McCrea seconded:;.:,the mption to close the public hearing and continue the final ass;e.ssment.::;:ibll for Project 529 (Cliff Lake Centre - Streets cisd;i:lrtili,t:a:ess)' to the October 17, 1989 City Council meeting. CEDARVALE BOULEVARD VACATION City Administrator Tom Hedges introduced the matter to the Council. Public Works Directo:r.;.,.Tom Colbert gave a short background presentation and updated the oou.0,GLI.on the past procedure. He recommended vacation denial and: 'if:t:he:::;applicant wished to continue with the vacation, the necessity:for th'applicant to submit a new petition. Councilmember McCrea had.,.q-ues:tzoris regarding the fees. Mr. Colbert explained that the ap1?11C3nt had paid $300.00 with the first request and that the City had waived the fees at the time of the second request. Mayor Ellison asked if Mr. Brown had been notified of the meeting. Mr. Colbert responded he had been notified but that he was not present at the meeting. Councilmember McCrea expressied:tex;::Cc!tt7erns for the Cedarvale area and recommended no additional feeif the applicant reapplied. City Attorney James Sheldon pointed OU -t thaat:the Council must act within a reasonable time on applications. d6tncilmember Egan noted his concerns for the merchants and fO.t the::fees could be discussed at a later date. Egan moved, McCrea seconded, the motion to close the public hearing and deny the petition for the right-of-way vacation regarding Cedarvale Boulevard. All voted in..favor. BRITTANY 10TH ADDITION - DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom He3ias:up3ab ::.tbe Council regarding the status of the matter. He pointed out tha.G Carl Tollefson (developer) was present at the meeting. Public Works Director Tom Colbert explained that the necessary improvements had not been corrected and that staff had exhausted Page 12/EAGAN CITY COUNCIL MINUTES October 3, 1989 all avenues to have the imprgvements complipted. He pointed out that bids had been solicited from ifiree consti'd6tion companies which were now void because the deveiop6r..:-ha3.:&ne some of the work. He noted there would be a need to re!�'g.dv.eitise for bids which would make it improbable that the work would be completed this fall. He explained that the developer wanted to do the work and asked for Council direction. Carl Tollefson informed:Cie::ptf?c:tt: felt all of the items were completed and stressed tki'at staff"f'haa::presented a new list. He stated that only the storm sewer ant sanitiiiy sewer problems were uncompleted. He announced that the,.:final lift of the blacktop could not be completed because of the storm and:::$anitary sewer problems. He indicated he was having di:ffid.Li .;f tii,ng a contractor to do a small job this time of year aiid tiad h.6 a. that a contractor would be able to perform the work on the coming Thursday. Mayor Ellison questioned if the first punch list was completed. Mr. Colbert responded it was not entirely completed as there were uncompleted items such as the sunken manhole. Councilmember Egan suggested:46 t:nuing the matter to the next special Council meeting. Counc lmeiglj2f;:;:wachter stated if the work was not done at that time, that the`Coundil needed to deal with the matter. Councilmember McCrea asked Mr. Colbert if he could assist Mr. Tollefson in locating a contractok:`;to'perform the work. Mr. Tollefson emphasized the prob],":;:;Gf locating a contractor. City Administrator Tom Hedges explained the frustration of the staff was not due to Mr. Tollefson but concerns regarding stalling as winter was nearing. He reaffirmed the need for completion of the project. There was Council discuss on::re ardsi:g:::the timetable for a continuance and possible default. publ c`Works Director Tom Colbert informed the Council that the City rigti lost::::control of the matter and that it was up to the developer):s goodia ;ll to complete the project by winter. Councilmember Wachter pointed out the Council could not keep deferring the problem as action was needed immediately. Councilmember Gustafson stated there was a problem in that the work may not be completed as required. McCrea moved, Egan seconded, the motion to continue the default of the development agreemen�t:::_£og:::Bii,:ttany 10th Addition to the October 17, 1989 City Coui�c�+ee�sg;i:: Co allow staff to review the completion of the project, subject to no new punch list, and to update the Council at the next meeting. Gut4fson, Ellison; Egan and McCrea voted in favor; Wachter voted against. Page 13/EAGAN CITY COUNCIL MINUTES October 3, 1989 NORTHERN NATURAL Gly COMPANYJ.5'iECIAL PERMIT City Administrator Tom HedgeB::igtated that the Council needed to reconsider its previous motion regarding the matter. Wachter moved, Gustafson seconded, the motion to approve the reconsideration of a request for a special permit to construct a steel frame building over an _e9f345titi:.:�etier:::and regulatory facility by Northern Natural Gas Comparey 1U-.:.vote4:Xn favor. Mr. Hedges reviewed the background information and explained that the main issue was the buildip<.Ip1an:;:I3e informed the Council that Northern Natural Gas Company.:::hii&:::r;.ea.hsidered and was submitting a revised plan. Coiiuiruriity Tievelopment Director Dale Runkle stated that meetings had been held with the applicant and that the revised plans were more acceptable to staff. Gary Fuchs reported that he had previously delivered plans and photographs to the Councilmembers. He explained the revised plans and pointed out that the brick::4i?.the building would be similar to the City pump station. He expla nik.: hat„metal was used instead of wood for safety reasons. Councilmember Wachter asked1-f. ;X:4.As' the same building plan as submitted before except for. Z} kick. He requested horizontal siding. Mr. Fuchs explained thai.t:>iieside the brick improvement, the color of the metal was also different than the previous plan. He explained that he was told it was not possible to install the siding horizontal without a backer. Mayor Ellison had questignS..regardin,g..,.the height of the wall and the percentage of brick.Mr:::;FuChs;::aris?aared that the height of the wall would be ten feet. May6.r t11ison Suggested four feet of brick and six feet of steel which woi3ld ma]t,�: 40% brick to meet City requirements. Councilmember Wachter requested a dark::=oof with lighter colored sides to the building. Mr. Fuchs responded if the colors were available that it would not be a problem. Mr. Runkle pointed out the need for further work with City staff regarding the landscaping. Egan moved, McCrea seconded, the motioA:to approve the request from Northern Natural Gas Company:_for.;.s..;.special permit to construct a steel frame building over anx:"ist�ii'g:;IiWtor and regulatory facility, subject to the following conditions: 1. The steel siding on the building shall be of earthtone colors. Page 14/EAGAN CITY COUNCIL MINUTES October 3, 1989 2. The brick on the building shall,,cQver 4 feet in height and the steel siding shall cover ::6:1 eet in be'' ht. 3. The applicant to contih-de:�V. iki:hg with City staff regarding the landscaping. All voted in favor. ORDINANCE AMENDMENT/FMEND.:':R'OUR:, FOR :S. OF LIQUOR AND WINE ....... ......... .......... City Administrator Tom Hedges ::0i:X::plaifi . dd the change in the law regarding the extended hours for sale of liquor iquor and wine. McCrea moved, Egan seconded,:::, 0.... �_.On to approve the ordinance amendment extendind::�ihb::o.sa!:e:::0 liquor and wine to 1:00 a.m. on Mondays. All voted in favor. WILLIAM AND JOANNE STASSEN/SPECIAL PERMIT RENEWAL City Administrator Tom Hedges briefed the Council regarding the matter. Community Developm'.04 rector Dale Runkle presented background information and sho�)e . d . . t� , Dihe.,jocation of the property on a diagram. He stated he had received no:�to ­ laints and that the .. mp renewal of the permit was request��ffig no..,qh4pges over last year's permit. .. ... ..... Mayor Ellison asked Mr. $,t.Agsdn for his regarding the fifth wheel travel trailer. Mr would be the last full season he would need will be retiring and in the future he would trailer for two to three weeks at a time. Councilmember McCrea st renewal as there had been no long-term plans Stassen stated this a special permit as he only be parking his roblems with the Egan moved, Gustafson seconded,..'the motion to approve a request for a special use permit to:61low temporary Mporary parking for residency of a fifth wheel travel trailer at::670 Lone Oak Road from October 20, 1990 to October 31, 1990 as requested by William and Joanne Stassen, subject to renewal on an annual basis. All voted in favor. ROBERT J. AND GRACE M. O'NEIL/COMPREHENSI�": . :GUIDE PLAN City Administrator Tom Hed.9e,%..summar;tz.ed the proposed amendment and informed the .... ... ...: ........ Advisory Planning Commission approved the Comprehensive Giiid6'Plan amendment and a draft Planned Development Agreement. Community Development Director Dale Runkle pointed out that there was a new Planning Commission since the O'Neil matter Page 15/EAGAN CITY COUNCIL MINUTES October 3, 1989 originally began. He reviewed;:; .the background regarding the matter including litigation, and the:::pt.oposed revised uses. He stated that SEH had performed a stud y::.n.: he:::; raffic impact which showed there would be some problems if,:thin::.:property were developed at a commercial rate. He stated that a compromise was suggested by staff of placing a cap on trips of 8,690. He further stated that the Advisory Planning Commission agreed to the cap and recommended a northerly access onto 35E from_.westbound Yankee Doodle Road. He discussed the draft Planned geve3giiiie.itgreement and stressed that all parties were working together ` -z a'quality development. He reviewed the Comprehensive Guide Pidit'i ameii&ent necessity and the Metropolitan Council process. He cQmmented:.::that the developer was not present at the meeting but that:.:3e had:.iieen in contact with them earlier. Mayor Ellison had concerns regarding the indirect source permit and questions regarding the cap on the trips. Community Development Director Dale Runkle explained that the only reason for the cap was because of the traffic impact. He explained there would be no difference with use changes and that the numbers for the trips and the cap were calculakd:::guesses. He further explained the necessity and the reasoning Councilmember Gustafson had::Concerns:::ii connection with proposed condition number 2 regarding.t1he=6ap applying across the board to the entire area developmgA._ Mr. Runkle reviewed the condition and explained its n"bisity. He stated that the traffic increase would be a slow process which would occur as the development proceeded. There was further discussion regarding the cap on the trips. Councilmember McCrea expr:essed:he=:.,d:isbelie f that the developer was not present at ..;th5i#e asked if the only difference in this agreement from the..settlement agreement was in the title of the uses. Mr. Runkle stilted sfi2:was correct. Councilmember McCrea stated she understoo&:..that it was only a conceptual plan at this point and th4r- the::%'�atter would be sent to the Metropolitan Council before other proceedings. Mr. Runkle agreed. McCrea expressed her concerns regarding the need for an access to 35E. She questioned if the City should pursue the matter. Community Development Director Dale Runkle reported that the matter was being reviewed for solutions and felt that the City needed to pursue the matter as it was a City problem';-:-::'- Councilmember roblem;:.:::>Councilmember Egan reopened:.:.the:;:;qupstion regarding the indirect source permit and ha$::con a sss:::ic garding the parking limits. He also had concerns with ponding problems. Mr. Runkle responded that the matter would be reviewed:;:;as the development proceeds. Page 16/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mayor Ellison asked if aw.upgrade was:needed for Yankee Doodle. Mr. Runkle stated that:;the right; =6f -way would be dedicated at the time of platting. City A&4-nistix; 6r Tom Hedges elaborated on future critical intersections aiitl::iliscussed the City's problem regarding financial burden. He stated that the City needed to ensure dollars for the future improvements. Councilmember Wachter emphasized the need to pursue an entrance on 35E. Councilmember Egan requested an explanation regarding the. Yankee Place extension. Mr. Runkle explained the futufe::::coriieCt:ioti:: Charlie Bartholdi (Federal Larid`Comp3riy) stated he was not opposed to the O'Neil development. ..:He pointed out that he manages the Town Centre. He explained his,;nisin concerns regarded the traffic issue and he requestedi,i;iar nh e4:>comprehensive study. He had assessment concerns and informed t1',e''Council that Federal Land Company had paid its assessments and did not want to pay assessments for someone else's development. Mayor Ellison asked Mr. Bartholdi if he felt the current traffic study was unbiased. Mx....Bartholdi stated he felt the preliminary study was ok. Howev.,t;:;::.there were still questions which needed further comprehensive review,:::Coincilmember Egan remarked that setting a ceiling was all the Council could do. There was further discussion regarding futyie traffic;:':problems and the study. Councilmember Egan raised;.:tie:.:gue'stion regarding traffic concerns on Lone Oak because a::the O'Neil development. Public Works Director Tom Colbert explained the potential impact. Community Development Director Dale Runkle stated that the present zoning was Light Industrial which could develop uncapped. He explained that this action would move the project forward. Mayor Ellison had concerns if the cap -was ..reached. He felt there would be a problem on Yankee Doodle. His:;sfacr2;:::hs::problem could be an impact on the project. ........ Councilmember Wachter had quest Ens ritjarding the landscaping and trees. Runkle responded to his cftcerns::::Councilmember McCrea reiterated her concerns that the developerfas not present at the meeting. It was pointed out that professional representation was present. McCrea moved, Gustafson seconded, the,,motion to approve a Comprehensive Guide Plan amendment submitte4:by Robert and Grace O'Neil changing the Comprehensive Plan froitri'D-III (Mixed Residential) to CPD (Commercial:: Planned -Development) district consisting of 120 acres - 5E, north of Yankee Doodle Road and west of Lexington Avenue, subject to the following conditions: 1. A right-of-way up to eight lanes for Yankee Doodle Road. Page 17/EAGAN CITY COUNCIL MINUTES October 3, 1989 ........... ............................. ............................ ............................. ................ ........... ..... I ....................... ............................ ............................. ............................. ... I ......................... ................ ..... ........ .. .... ..... ..... 2. The ADT Generation cap:; :of 8,690 until the improvements allow the system to accommodatO.::::i;he traffi6. The cap to apply across the board to the entire d 6pment. 3. Access to the triangular piece. 4. Seek a northerly access onto 35E from westbound Yankee Doodle Road which is not in th.e....:P.Ianneq..,Pey!elopment Agreement. All voted in favor. LANCE COMPANY/COMPRFHENSIV.E:GUIDF,,:::PLAN AMENDMENT City Administrator Tom Hp'04s:Atvt.r.�6��ed the application and informed the Council the devel6per wag .. P. . resent at the meeting. Community Development Director Dale Runkle gave a brief presentation. Carl Olson (developer) thanked the Council on moving ahead and requested approval. Mayor Ellison asked why the 6UnC1'1:WaS considering a rezoning for the Lance Company and not for::::the:O:1:Nei.l. property. Community Development Director Dale Runkle;Oxplainjpd.:�ftat the O'Neil development was working on a cono . the Council should treat both parcels the same. Councilmember McCrea emphasized the need to carefully plan the access in connection with the O'Neil development or there could be problems. Councilmember Egan asked if the Lance Company property was one parcel. Mr. Runkle explained that it was one parcel. Egan moved, Gustafson seCQndikd:;h ion to approve a Comprehensive Guide Plan amendment as.:-.submi.t.ted by Lance Company of approximately 8.8 R-4 (Multiple) acre:.§ to &::::.PD (Planned Development) district located east Of::::HighF' 35E and north of Yankee Doodle Road in the southwest quartek..:::pf Section 10, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for a five year period, to include all terms and conditions within the proposed O'Neil Planned Development as they.:::,Apply to Light Industrial uses. 2. The name of the Planne-d:'Devi�10.p.Mo#t p- '' :;:shall be determined prior to Council action on th0:::Pt*.UM1nary:.plat. 3. An average daily trip cap of 675 A..041 be in place until improvements in the transportation system take place to accommodate additional traffic. Page 18/EAGAN CITY COUNCIL MINUTES October 3, 1989 4. Only uses allowed in::tile Light Ii I ielustrial district shall be allowed to develop. All voted in favor. STAFFORD PLACE City Administrator Tom Hedges:.Informed: the Council that he had been contacted by many reside:rk'�:6:�::Whi.'z'i'lli'Ai3::::�.61)cerns regarding development construction problems.:''.. m :.Areco'=iended the Council hear from a spokesperson for the group. Blaine Ducksbury had concer4L4:i�gardiz drainage and erosion .:. - issues. He explained he could:::'.'=' . :, . compWte:his backyard because of the problems. He pointed out that some problems were solved in June when the City began working with the developer. He predicted larger problems next year if the work was not completed this fall. He requested Council support and assistance in dealing with the contractor. William Scecanty, 4143 Peh)iOitivania Avenue, updated the Council regarding the problems with"iij6�.hanic Liens because of Frontier Homes. He explained that:::Yrontie.r.....states they have no problem but he feels there may be inancial problems with the developer. Mayor Ellison requested Mk. Hedges address the public's concerns. City Administrator Tom Hedges explained City participation and response and also the building inspections. He requested the residents notify the City if t11PIY.- hav q. auW 0onstruction problems with their buildings. He statdd:i tehaA:::bd'en staff meetings with Frontier regarding the drainage. He turther.::stated there were problems with erosion, seeding and nOxious:.0eeds. He reported that staff was -working on the noxious weqd...:'remov.&:l. He recommended the Council direct staff to prepare a lisf of defaults pursuant' to the Development Agreement, give the developer a seven-day written notice of the defaults, and if there were no compliance by the developer, to declare the developer in default. He requested the City Attorney address the problem regarding the Mechanic Liens. City Attorney Jim Sheldon explained t4.ihe public the statute requirements regarding Mechanic Liens and Mechanic Lien purposes. h�:;fi6�tice to their title He recommended the landowners �i:qi, rsP.t: .... insurance companies of the Medhi�ic:U efts: . '. .::Hieh reported that proper notice was probably not given to the homeowners. ners. He pointed out that the City of Eagan had no financial interest in the property but wished to assist the landowners wherever possible. Page 19/EAGAN CITY COUNCIL MINUTES October 3, 1989 14avor Ellison stated he h;9d reviewee}:�he sites and asked if any fill could be removed. Pu'i.li: ..Works:;:;tiYiector Tom Colbert remarked that the grading, erosion::::::'t1o::'did not meet the City's requirements. He noted that the developer had been informed regarding the problem and further explained the background regarding the matter. Mayor Ellison had questiwns:::Megard ng:::the Letters of Credit for Delta and Frontier. Publir<iVar3�;:'Drgcor Tom Colbert explained he was unsure if the City could perform too:work. Councilmember McCrea felt the,:r:0al need was to declare default and move quickly on the probletA:.;:i]Y: . Fiedget: pointed out that staff had begun legal research on the::::fdatter;:::::;:::: Mark Slato, Lot 57, informed the Council that he had not been contacted by the City regarding the problem. He explained that the grading of his yard was incomplete. He warned the Council that the developer may have financial problems. He requested immediate Council action. .... Councilmember McCrea suggested: meeting meeting with all landowners to discuss the proble=:. Councilmember Egan stressed that the Council needed to take uausuax::::s:teps to help the homeowners. Mr. Hedges commented;.:tt:d:t::-not all residents had been contacted and reiterated his te.Commendations regarding Council action. City Attorney James Sheldon observed that the Letter of Credit was now reduced and that in order for the City to acquire the dollars, the developer would need to be in default. He stated it was necessary for the Citye: zt�c claim. He further stated that there were significant»pYdbleta§'faith each lot and there was a need for further review. Councilmember::MCCIea asked if staff time could be charged against the Le ter of:::Credit. Mr. Sheldon stated that the Letter of Credit was:::: old:: orm and he was currently reviewing the Letters of Credit. Mayor Ellison recommended staff meet with the homeowners and that the matter be reviewed at the next special meeting or the next regular Council meeting. City Administrator Tom Hedges requested each homeowner make a list of their probleniS.:regarding the development and submit the list to staff by::pctober 11, 1989 at 4:30 p.m. He explained it was too .late.. to notice each landowner individually of the special mettYrtg::::i1:;;sffgested the matter be heard at the next regular Council tiieeting Mr. Colbert had his concerns that it would be a tight schedule:::to review the matter by the next special meeting. Councilmember MCC:kea informed the landowners to tell all neighbors to make the necessary list and submit it to City staff. Page 20/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mr. Griggs presented an6.ther issue;w'h'3ch had not previously been addressed. He stated that:::4raina.ge::::�.rom the roadways was a real problem. Councilmember Egaii::asKeti;:;f there was a problem with the catch basin. Public works Director Tom Colbert responded "no", that the problem was the development was not graded to plan. Mr. Quarth stated there were drainage problems for the cul-de-sac and asked why no act on:;.waa:;;;taken by the City sooner. Mr. Colbert explained the oveE3:afidd airiage;:swale and the need to correct the drainage problems. Joe Tramley had questions reg tding -the revised Hedlund plan. Public Works Director Tom Colbert:.t:ep]:ied::;that only the original grading plan had been approv64.::.:: y' the ;i�zty: Egan moved, Wachter seconded, the motion to direct staff to prepare the necessary list of defaults and corrective issues and to report back to the City Council at its October 17, 1989 City Council meeting regarding the defaults of Frontier Homes within the Stafford Place Development. All:;:;voted in favor. Mr. Slato distributed a lettet:ftoip:the Attorney General's Office to the Council members. HAZARDOUS HOME SITE/ 2265....JAM$S'COURT/AUBREY L. HALL City Administrator Tom Hedges informed the Council that a vacant home located at 2265 James Court was not properly maintained by its owner. He stated he had received several telephone calls from citizens regarding the matter. He requested Council direction. McCrea moved, WachterseCpi3deci::::t3ie :zilnion to direct the City staff to serve notice on Mr. Aubt"' L :Hall who owns a residence at 2265 James Court to correct and assure safety of his dwelling unit and grounds. All voted in favor. VISITORS/FRENCH/HUNTING P4IT Mr. French requested a special hunting permit. He informed the Council he would handle the matter the same as the approved Yanta hunting permit. Councilmember McCrea informed the applicant that she felt there was a need to follow the us441 procedure and in particular, she had concerns regarding po13:6e review. City Administrator Tom Hedges informed ...the..Couuc.l that the applicant had been notified of the usual::pXctCedTe::::fayor Ellison informed the applicant to make the appiicit ori at'tYie City Hall and the matter would be returned to the Council in;:two weeks. Councilmember Gustafson informed the Council that he had::previously spoken with the applicant and had explained to him the procedure in order to obtain a special hunting permit. He reported that he had mentioned there was a slight chance that action could be taken at the Council Page 21/EAGAN CITY COUNCIL MINUTES October 3, 1989 meeting if he appeared as a vasi,tor. He Zecommended putting the item on the next special meetitj:;:as,.;.tk?e:::ioendment to the ordinance was very recent. He requested C0-UV0.:::::aVtion. COUNCIL DISCUSSION City Administrator Tom Hedges updated the Council regarding petitions received statingthez:gsTxuction debris in the Fairway Hills development. Major Ei1.:son.r.ported that he had met with the residents who had said the.�O was :ah improvement. Mr. Hedges also updated the Cp3i�cil iJ*tjarding the property tax bill, the annual report, the sp#;Qd:.::peeds;:assalysis and the amusement device licenses. Councilmember Wachter referred to the annual report and congratulated staff in regards to the energy audit. Councilmember Gustafson informed the Council that he had received a complaint from a resident who had attended the last Advisory Planning Commission meetaq;:::The resident informed Mr. Gustafson that an Advisory Planning'CorgtR:ssion member had passed out his business card after the meting: Staff will review the proper conduct with the Commission'.M. :and a letter will be sent from the Council. Councilmember Gustafson had concerns regarding businesses in Eagan selling pornographic literature. He requested the City send a letter to those businesses requesting they stop the sale of the materials. Gustafson moved, McCrea se.e.oscu_d:::t3ie..Mo ion to send letters to E -Z Stop, Brooks Superette''Tbm`Tki. ::An3/or other businesses which sell pornographic magazines, acknowledging to the businesses it is their right but it is the City:' requi?st that they cease the sale of the magazines. All voted in Councilmember McCrea requested an update regarding the Leo Murphy matter. City Administrator Tom Hedges replied that Parks and Recreation Director Ken Vraa was active on the file. VISITOR/BILL PLUTA/JUNK CAR.::.TICKET Mr. Pluta informed the Counci.l... that,.he...,bad received a ticket for junk cars on his property.:: : CLt:.:At3z lhjs ttator Tom Hedges recommended Mr. Pluta contact tlit::::& hief of Police who would explain the problem and inform him of the appeal pr:d:eess. Page 22/EAGAN CITY COUNCIL MINUTES October 3, 1989 CHEMISTS Wachter moved, Egan seconded, jh6 motion to approve the checklists dated August 31, 1989 in the amount of $901,920.77, September 30, 1989 in the amount of $1,225,696.78 and dated October 3, 1989 in the amount of $617,211.77. All voted'in favor. McCrea moved, Wachter seconded,..the motion to adjourn the October 3, 1989 City Council meetirig:.at lq.:15 p.m. All voted in favor. CITY OF EAGAN ADMINISTRATIVR AGENDA REGULAR CITY COUNCIL MEETING' EGAAN, MINNESOTA OCTOBER 171 1989 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Don Vimr Appraisal/Contract 89-05 Item 2. Discussion Regarding District ¢196 Proposal of Wilmus Site for Future Elementary School Item 3. First Amendment to Seneca Final Plat. Development Agreement DIRECTOR OF PUBLIC WORKS Item 1. Revised Grading Plan for Safari Estates 2nd Addition INFORMATIVE ITEMS MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 16, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to be considered under City Attorney at this time, however, the City Council reserves the right to request and hold an executive session to review.outstanding litigation. CITY ADMINISTRATOR Item 1. Don Vimr Appraisal/Contract 89 -05 --Mr. Don Vimr appeared at a City Council meeting several meetings ago and raised issue with the assessment that wasproposed for his property and, as a result of the questions raised by Mr. Vimr, a special appraisal was performed on his lot to determine whether the proposed and pending assessment is appropriate. Mr. Ray Connolly, performing the appraisal on behalf of ,the City, is recommending that the proposed assessment be reduced from $27,000 to $24,000 based on two (2) $12,000 assessments for two buildable lots. In a recent meeting with Mr. Vimr and his real estate representative, Mr. Martin DesLauriers, Mr. Vimr is requesting special consideration by the City Council that action be taken to assess $12,000 to his homestead and defer the $12,000 to the additional lot until such time that the second lot is developed. Mr. Vimr is willing to enter into an agreement with the City for the deferment which, according to the City Attorney, would be a settlement agreement of record with both the deed to the property and the City's parcel file. The City staff is planning to spend some additional time on this matter prior to the City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Mr. Don Vimr to consider a deferment of the $12„000 proposed assessment for a buildable lot until such time that the property is developed and, further, that he will be responsible for the proposed and pending assessment of $12,000 for his existing homestead. Item 2. Discussion Regarding District#196 Proposal of Wilmus Site for Future Elementary School --The Director of Parks and Recreation has been meeting with representatives of District #196 regarding a location for a future elementary school that would be adjacent to City parkland. Although the school has looked at several sites, the location that they are considering is property owned by Wilmus and located north of the Highline Trail and adjacent to Johnny Cake mmw Ridge Road and Clemson Lane. For another description this property is north of the Mallard Park subdivision. The City has received a dedication of park land adjacent to the Highline Trail from Wilmus and the school site would be immediately west of that park land dedication. Before District 196 administrative staff presents the location and site to the school board, they have requested that the Director of Parks and Recreation and City Administrator share the location which is in conjunction with a city park to determine whether the development of the school and the park is acceptable to the City. The Director of Parks and Recreation will be present to further discuss the matter and present an overhead at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the Director of Parks and Recreation and the City Administrator to convey to school district staff regarding a future school site at the intersection of Johnny Cake Ridge Road and Clemson Lane adjacent to City park land. Item 3. First Amendment to Seneca Final Plat Development Agreement --As a condition of final plat approval for the Seneca project staff was directed to prepare a first amendment to the development agreement including several concerns identified by the City Council. The MWCC was placed on notice of the City Council's action to add certain conditions as an amendment to the development agreement and their legal counsel have been working with the City Attorney's office in an effort to provide language that is acceptable to both governmental entities. For a copy of the agreement, refer to pages 125( through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the first amendment to the development agreement for the Seneca Final Plat. DIRECTOR OF PUBLIC WORKS Item 1. Revised Grading Plan for safari Estates 2nd Addition -- Fortune Realty, the developer of the Safari Estates 2nd Addition, has submitted a revised grading plan for grading the house pad' areas. Staff requests that the revised grading plan be reviewed by the Council because of the impact to the heavily wooded site with steep slopes.. The preliminary plat submission intended that the developer would grade each lot individually for custom home sites. The preliminary grading plan for the development was basically limited to that which is required to construct the internal roadway system. nag The Developer has been unable to secure a builder that will grade the lots on an individual basis. Instead, the Developer wants to grade all the lots so they are ready for building a house,, and then he will market the lots to different builders. The major revision to the grading plan proposes to remove the hill on Lots 1, 2, and 3 of Block 2 and use the material for fill for building pads on Lots 11-14 of Block 1. The proposed grading on Lots 1, 2, and 3 of Block 2 will require the removal of trees on the entire lots except for the rear 50 to 60 feet. This grading was not included in the grading plan approved with the preliminary plat. INFORMATIVE ITEMS DISTRIBUTION OF BUSINESS CARD The Advisory Planning Commission member who distributed a business card was Mark Miller. Mark contacted my office and stated that an individual whom he has known for a number of years approached him during a break and once he learned that Mark recently established his own accounting practice asked him for a business card. Mark assured me that the individual"'s request for his business card was in no way related to any business solicitation. He further stated that he understands how a resident could perceive the business card distribution to be business solicitation but wanted to assure the City Council that he has never solicited business nor would he consider doing the same in his role or capacity as a member of the Advisory Planning Commission. LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING The League of Minnesota Cities Policy Adoption Meeting is scheduled for Thursday, November 16 at the Hotel Sofitel. The meeting generally begins at 9:00 and ends at approximately 4:30 p.m. Any member of the City Council wishing to attend the LMC policy adoption meeting please so indicate and your name will be added to the registration form. The luncheon speaker will be Commissioner Len Levine of the Department of Transportation. REVISED PENDING ASBEBBMENT/PROTECT 543R Enclosed on page -,23$for your reference is a copy of a revised pending assessment letter that was distributed to property owners of the Sibley Hills Drive/Skyline Road - street and utility improvements. UNISYS CORPORATION CONTRIBUTION HOUSEHOLD HAZARDOUS WASTE COLLECTION Enclosed on page o231� is a memo prepared by Assistant to the City Administrator Hohenstein regarding a suggestion that the City recognize the contribution of Roger Martin in Unisys for their contribution on October 7 to the Household Hazardous Waste Collection. The City Administrator would like some direction regarding this item. PERSONNEL COMMITTEE MEETING The Personnel Committee, its Chairs, City Councilmember McCrea and City Councilmember Gustafson, have scheduled to meet on Wednesday, October 25 for the purpose of discussing the following items: Use of Sick Leave for Wellness Activities policy, Sick Leave Accrual policy, AIDS and AIDS Related Conditions in the Workplace policy and, finally, Drug/Alcohol Free Workplace policy. An agenda packet has been sent out to each member. If any other member of the City Council would like a copy of the information please feel free to contact this office at any time. /s/ Thomas L. Hedges City Administrator aZ)D FIRST AMENDMENT TO THE SENECA PLANT DEVELOPMENT CONTRACT WHEREAS, on the 19th day of September, 1989,.the CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter called the City), and the METROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant to M.S.A. Section 47.3.503,, (hereinafter referred to as Owner), did enter into a Development Contract with respect to the approval of a plat and subdivision known as SENECA PLANT located within the City; and WHEREAS, the City Council required further conditions to be attached to the approval of the subdivision, which conditions are enumerated herein; and WHEREAS,, the parties hereto are desirous of amending the Development Contract and to set forth in writing the terms and conditions being agreed to herein. NOW, THEREFORE, in consideration of the foregoing facts, together with other good and valuable consideration, the parties hereby agree as follows.; 1. The Owner shall enter into an Escrow Agreement with the City to assure the City that the costs incurred by the City in ,performing certain reviews of the development of the project, which reviews are listed in and defined within the Escrow Agreement, shall be paid in full by the MWCC in accordance with the terms of the escrow agreement. 2. Owner shall make a written offer, which offer shall remain open for 30 days, to each of the homeowners listed in Exhibit A to hook the homeowners property up to the City of Eagan water supply systema Upon the timely written response to the offer by any homeowner who is listed on Exhibit A to this Agreement, the Owner shall within 30 days of the response subject to issuance of appropriate permits, connect the homeowner's property to the City of Eagan water supply system at no cost or expense to the homeowner. In addition, within 30 days of the homeowner's response to hook up to the City water supply, the Owner shall pay to the homeowner the sum of $/Oo o.00 for closure of the homeowners well which is the estimated cost of well closure. All the other terms and conditions of the Development Contract of September 19, 1989, shall remain in full force and effect. (The rest of this page remains deliberately blank) -2- a�� IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF EAGAN METROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant to M.S.A. Section 473.503 By Victor L. Ellison By Gordon 0. Voss Its Mayor Its Chief Administrator By E. J. VanOver,bekeLu ine Baker -Kent Its City Clerk ts, C it APPROVED AS TO FORM: City Attorney's Office 0 APPROVED AS TO CONTENT: DIRECTOR OF COM14UNITY DEVELOPMENT Date -3- a, APPROVED AS TO FORM: ,,MWCC Associate'Geteral Counsel Date STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of 1989, before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of .said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF� On this iday of 1989, before me a Notary Public within and for said County, personally appeared GORDON 0. VOSS and LURLINE BAKER -KENT, to me personally known, who being each by me duly sworn, each did say that they are respectively the Chief Administrator and Chair of the Commission named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said Commission, and that said instrument was signed and sealed on behalf of said Commission by authority of its Board of Commissioners and said Chief Administrator and Chair and acknowledged said instrument to be the free act and deed of the Commission. Notary Pu r v J THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. _ JE ANNE1ClACUgAyRgpy� A AM7300 West 147th Street MY P. 0. Box 24329'�"pf�a� Apple Valley, MN 55124 (612)432-3136 ELIZABE TH BASSETT 2101 Wuthering Heights Road Eagan, MN 55122 LESTER 6 OLIVE SPENCER 3786 Nichols Road Eagan, MN 55122 w. E. 6 JEWELL WHITE 2131 Silver Bell Road =ac=n, MN 55122 -- -. C-NSCN 2115 Silver Bell Road Eagan, !,N 55122 FLOYD & HAZEL DICKENS 2141 Silver Bell Road Eagan, MN 53122 MARY RAMNARINE 3785 Nichols Road Eagan, MN 55122 EXHIBIT A 1•r ity of aagan 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454.8100 FAX (612) 454-8363 October 10, 1989 RE: PROJECT 543R (SIBLEY AND UTILITIES) HILLS DRIVE/SKYLINE ROAD -STREETS REVISED PENDING ASSESSMENT Dear Property Owner: VAC ELLISON titer THOMAS EGAN DAVID K. GUSTAFSON PAMELA MCCREA THEODORE WACHTER Ca d m mw'r THOMAS HEDGES CKy AtlmnnTaloi EUGENE VAN OVERBEKE CRy CkM1 After numerous public hearings regarding improvements associated with the above -referenced project, on January 17, 1989, the City Council formally approved this project and authorized the preparation of detailed plans and specifications. As a part of that feasibility report, a pending assessment roll was prepared identifying individual property owners estimated financial obligations associated with various improvements installed under this project. Subsequent to that action, the City proceeded with the preparation of detailed plans and specifications. These plans were presented to the City Council on August 15, 1989, and an advertisement for a formal solicitation of bids proceeded with a bid opening held on September 15, 1989. During this process, the City continued to work with the Minnesota Department of Transportation (Mn/DOT) to secure cost participation for the reconstruction of the Sibley Hills Drive Frontage Road and the proper bypass and turn lanes at its intersection with Trunk Highway 13. Also, on June 6, 1989, the City Council revised and amended the assessable area to delete certain properties abutting Lone Oak Road after legal determination that they were outside of the area of special benefit from this project. As a result of receiving formal bids, Mn/DOT participation and revising the assessable limits, a revised pending assessment roll has been prepared and is being forwarded to your attention providing you with our most accurate up to date estimate as to what the final costs would be under this project. Correspondingly, your pending assessments have been adjusted to reflect the amount contained in the enclosed revised pending assessment roll. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/AffkUr ati a Action Employer Page Two October 10, 1989 Please be reminded that this is our best "estimate" and the final assessment obligations will be, based on final costs incurred. The City has not yet procured all necessary easements for the completion of the street and utility improvements associated with Skyline Road. Any costs associated with their acquisition will be included and will increase the proposed estimate proportionately. It is anticipated that construction of the Sibley Hills Drive portion will begin immediately with completion scheduled yet this Fall. The construction work associated with the Skyline Road portion will not begin until the Spring of 1990. Your patience, cooperation and understanding during the forthcoming construction activity will be greatly appreciated by all of us who are 'involved. Please feel free to contact the following personnel for any anticipated questions and/or concerns: Bob Frigaard Consulting Engineer/ 378-6382 Project Manager Dick Keeling Project Inspector 378-6382 Mike Foertsch Assistant City Engineer 454-8100 Please let us know if there is anything else we can do to assist you during this forthcoming period of construction. Sincerely yours, T omas A olbert, P.E. Director of Public Works cc': Thomas L. Hedges, City Administrator Mike Foertsch, Assistant City Engineer Bob Frigaard, Consulting Engineer/Project Manager Deanna Kivi, Special Assessment Clerk TAC/j,f d3 PAMJ IAL 9AE1E M/� INE IN SIn.Si.T77.Ml Usm LOLLS. lop 1-15 7rtl4ILITT WRITM Ido MTIL 1011, UTMW 191mMI101 msmIAr 400941" 0.00 0.00 12.100.73 10.07.62 a14ILIt9 ".mT s10 SLUE 2.62.91 107_11 « A015fi1TT of"OI 477 STREET 1, STREET i 10.L71 TOM Tww - STRET i VMU 4 Sim SWI r3low 51011 Ate_ 4119E 4SWSWiE su M010 -sm 2061 714494 ASM ALE PSOSSWE . 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FATE. ti Ff. 84440 204.08 12.90.27 10.®.62 0.00 0 0 0.00 LOO 7rtl4ILITT WRITM Ido MTIL 1011, UTMW 191mMI101 msmIAr 400941" 0.00 0.00 12.100.73 10.07.62 131-00 IIDr 11 T.LI 170.001120 11 T.LI 100.00 4UD1S 0.9.10 TAI O4 -0D 067-00 067-01 40-75 070-7!6 026-15. 011-00 (FML TD0! ....................... 1.135 50/4.34.777.® 1441,11 SLUE 2.62.91 107_11 771.011 10.600.10 12.21L79 40.7® 10.L71 =394,32 6001 :2.47.32 2.791,4► 029-M& 10.101 "1,39 76L4► 0.00 901,110 146 7.149.00 4.7363 0.00 0.00 6.4L49 S."O." 18.07.^3 011'7011®10911 2x.60 14.449.0 12.100..8 0.00 12.8774.12 mo '-.228.20 17.001.97 0.00 1.078.24 49.360.04 41.910.41. 7.20.07 pw a& 011 Im If 71.710 1.751,0 11.01.7E 0.00 1.551,44 0 0.00 0.00 0.00 0.00 7.217.9. 7.071.70' 1777 2 1.7.749 1.75160 . 1.A7L8 0.00 I.Si.4 0. 0.00 0.0- 0.00 0.00 Mr." 1071.71' 1077 27.3® 1.742.95 1.461673 0.00 I.W.40 0 0.00 0.00 0.00 Lao 7.787.0 7.011.0 IDf 4 20.1'0 1.200.8 1.3146" Loo 1.397.12 0 LaO Lo. 0.00 0.00 7.799.47 i114.0&- 1& 5 4000 2.3D.® 2.ID.71- LM 2.24400 0 0.00 O.a LOD 0.00 4.7].05 4.207.35 101 IOL 024 1,01313 14LQ/ LRLN 7.671,71, 0.00 7.111,551 0 0.00 0.p 0.00 0.00 16.141.0 M13+9 Lay 6 1164w 72.90 2.127.77 1.707.0► 0.00 1.401.54 Iff 7.71L" 0.00 0.00 11.727.90 '91102 Vv Ulf 6 IEID7 O 17.716 9471 21,.11 aIc 749.2 110 4.00.44 1441,1'1 1.097.91 1.72.30 3.771.41 9.116$ �� 977.s4.Tn.lm1 011-77 MISTI 1418 /.IOLrz' 7.7]7.67 4.719.77. M42.4 JO 10.217.10 8".216 8.7510 0.00 4.30.9 49.72142 201-771EMW 741.400 71.44.31 11611140.211 10.712.441 N.1'.60 ?! 1.13.10 2.671.17 2.01190 1.492.4 57.12.77 0L SL90 012-77F 0.01W611. 20..10 7.® 0:00 1.416.70 63 11216:0 2.671.0 Lm 0.00 90=97 11.114.44 FIEFT 1104t19Dlt 160.0 ILM 151 16. 7.1,1 ID.40/ 7.24.00 6.W.0 Lao 7.001,4 0 0.00 Loa 0-G& 0.00 LOS 14-M-1 Ib49L21 7.M.9f 032-% "Am 0.201.86 7.711,7► 020 177.60 0 0.00 0.00 Lo/. 1.YA4. 171-411 a" IF. I.Ll 10.40 7.M.77 364"Ar Loo 7.5iLm 0 0.00 am 1,00 Loo 7.151.77 AM.33 IDE 14. FROM 009 ITA) 61049 4.6Lw 17,14 0.00 1375.04 0 0.00 Lm 0.00 LM 7401.4 6.911,61 IDr 17. TWFtE 0W 62.100 196MG 7. 169. 0.00 1311.21 710 1197404 IwAL7I 0.W Lao L.M9.44 I&aaLw IDr 16. 1B4®t am ILILI 177.000 7.701.97 &.40.03 LOD 6 MAS 0 0.00 L0: Lao 0.00 14.341.97 1610E IDr If 07.790 7.292.7► LW.: 0.00 6.44.90 235 14.159.74 II.712./i 9.79.07&.7"M 41rn.39 77.x7.0' 10- Dr U ].1 77 1929.02 3.3" 0.00 1.01.63 279.3 9.l11.o7 Lom6f 6.210.44 4.55L4 9.751.8 ZMTP.7► 120 7 171.39 06711911 6.717-n 0.00 7.37.19 100.4 1.621663 6.6,a1t ui1 77 7.491.4 9.OIL25 7LML211 Im7 Is 2•SM0 7.7R4f 0.0 2.90.00 110 3.94,78 GAMI7' 7.107.02 2. .76 11.121.72 14.7821 131-00 IIDr 11 T.LI 170.001120 11 T.LI 100.00 4UD1S 0.9.10 TAI O4 -0D 067-00 067-01 40-75 070-7!6 026-15. 011-00 (FML TD0! ....................... 1.135 7.612.91 1441,11 SLUE 2.62.91 107_11 771.011 10.600.10 12.21L79 40.7® 10.L71 =394,32 6001 :2.47.32 2.791,4► 21,91 7.035.14 1.779.8 1.60.75 0.01 LA 213.150 19.914.9 16.70.41 2190.416 4187.OIL90 437.44&0 0.01 :425!..6 0 0.00 1.24% 7E4 0.00 12.970.20 lM. 71 1.472.59 2.771.49 162.4 I.23-47 2.370.00 ISD 901:7'- 1.41.12 IA2.4 1.60.75 7.0".29 0 9.31107 17.60.14 900 129.612.07 437.41.: 5.772.01 0.00 0.W 800 LOO 6.49.0 6.247.0 14.14.74 Il.11174L 9.28@ 6.771.97 77.107.10 71.4190 21.374.07 ILAIL19 14.301.4 10.447.94 74.157.91 61674.J 7.900.19 %am21 7.910.01 2.954." 10.0P. 16 17.010 76 7.114,78 4.60.17 7.47.02 2.677.746 18.07.^3 1161ILM 7.900.19 %08.20 1910.01 2.054.99 17.600.17 15.20.29 0.00 0.0 0.00 0.00 1.697.95 4.497.95 7.20.07 74.761,0 19.W.44 11.011670 109.7°3.4 /1.48.2 1107.10610 1157.410.0 1102.997.33 41.301.14 /25.54.49 40f.7a.29 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DATE: OCTOBER 12, 1989 SUBJECT: UNISYS CORPORATE CONTRIBUTION TO HOUSEHOLD HAZARDOUS WASTE COLLECTION Household hazardous waste collection held on Saturday, October 7, 1989 was extremely successful. In large part, this is a consequence of the contribution of the Unisys Corporation and its representative, Roger Martin. Unisys donated a site for the collection and contributed a substantial amount of staff time to the management and operation of the collection and accepted a significant quantity of household hazardous wastes to be disposed of at their cost with their own -industrial wastes. While Unisys is very modest about the magnitude of these costs, it is evident that we could not have run a collection of that scale as well without their help. As a consequence, I believe it would be appropriate for the City to recognize the contributions of both Mr. Martin and Unisys through some appropriate medium. We have not budgeted for a plaque or certificate but, if we could find the funds, I believe such recognition would be very much appreciated. Please share this request with the City Council for its direction to staff. If you have any questions about this request, please let me know. J As tFstantto the City Administrator JH/vmd 'Z; r /� 1 AK AVE AVE ff-k`Mi 1"If'-L111UJ1_' 1 ��'1\r��,�m r.. �l � I�r- I�V i10 �t 6/\h CA, Plyrrr:.fl. C� r)ofl (\( Ofl .�Y\ IL%l l�- � �J h Yt\�; J11 Ccsr\ck.f ((Jt ff -\1 fn urt Lr-,IIVt IL 1 �z1.,1 6 n1L Lilo >v\hc-Gn� o:c,c"ib4s PJJ�ILc" TK(_ksbn Colllo.}c r'f'vJ P'V.,svw.��-r\C_ Pituo�Czt, C>Q.I(-�l Y\tI( ,vp.SU,ArI uaolk. Ing Ic.l101 �n2c�t([fhi� F2orYv" wh,��crl (.JuucQ i ('h�sc�znd�°��clF.la�^� Lc,�l Of�(Ni3 (-KIVARk i%. .�ti,�l I (,I I ,,r„'F;i..l��i'.`11 �.I�.C����,F: f,�� y. r;,)E �\hVF [� hi�.� ✓7 i`1 x,14 ci 2- I v c, m f SDI . Z;. -D C'f\ "THE MORNING AFTER" October 17, 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 October 17, 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 owk1. A resolution to issue General Obligation Improvement Bonds, Series 1989A in the amount of $9,325,000 in order to finance certain public improvement projects was approved. 2. Authorization of General Obligation Equipment Certificates, Series 1989B in the amount of $290,000 was approved. 3. The petition for traffic signals at Cliff Road and Beacon Hill Road was received and staff was authorized to prepare the appropriate traffic studies. CONSENT AGENDA Aftv 4. The City Administrator authorized the hire of Gary Vierow as a seasonal park maintenance worker for the current season. 5. November 14 was proclaimed Volunteer Appreciation Day. •�•�+ 6. Plumbers licenses were approved for the following: Wayne Dauwalter Plumbing, Cliff Fadden and Sons, Hillcrest Plumbing, Lamb Mechanical, Palma Plumbing and Heating and L. M. Vesey Plumbing Company. 7. The amusement devise application for Grand Slam located at 3984 Sibley Memorial Highway was approved. 8. The readvertising of Unit #114, 1980 Ford F350 was approved. 9. Improvement Contract 89-17 (Northview ParkingLotConstruction) was awarded to Alexander Construction in the amount of $220,951.65. 10. Improvement Contract 89-23 (Bituminous Trails) was awarded to Barber Construction in the amount of $87,989. 11. Bids were received for 1990 snow removal services and the contract was awarded to J & D Enterprises. 12. The final assessment hearing for Project 443 (O'Neil -Trunk Storm Sewer) for parcels 10-01000-010-77 was rescheduled for November 21. 13. The bids for Contract 89-24 (Stratford Oaks -Storm & Sanitary Sewer) were received and the award continued to the November 9 City Council meeting to allow for consideration of the Stratford Oaks final plat. 14. The bids were received for Contract 89-25 (Rusten Road -Streets & Utilities) and the contract was rejected. 15. The traffic signal cost participation agreement for Project 580 (Blackhawk Road & Diffley-Signals) was approved. 16. The petition to consider the vacation of ponding and utility easement document 756659 within the Lexington Parkview Addition was received and a public hearing was scheduled for November 21. 17. Change Order #1 to Contract 88-30 (South Oaks -Storm Sewer) was approved. 18. The improvements under Contract 86 -NN (Chatterton Ponds -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 19. The improvements under Contract 87 -KK (Chapel Hill Baptist Church -Storm Sewer and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 20. The improvements under Contract 87 -RR (Philadelphia Carpet -Water Main and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions was accepted. ,dL.GL 21. The improvements under Contract 87-H (Lone Oak Drive -Streets) for perpetual City maintenance subject to appropriate warranty provisions was accepted. mm 22. The improvements under Contract 88-Z (Hosford 1st Addition -Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions was accepted. 23. Approval was given to the 8th and final payment for Contract 87-26 (Wescott Road -Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. 24. The final plat for Stratford Oaks was continued. to the November 9 City Council meeting. 25. The final plat for Hills of Stonebridge was approved. 26. The final plat for Remick Addition was approved. 27. The final plat for Town Centre 100 Fifth Addition (Waterford Apartments) was continued to the November 9 City Council meeting. 28. The final plat for Eagan Evangelical Church was continued to the November 9 City Council meeting. PUBLIC HEARINGS 29. The public hearing was closed and the final assessment roll for Project 536 (South Oaks Addition -Streets & Utilities) was adopted. 30. The public hearing was closed and the final assessment roll for Project 514 (Duckwood Drive -Streets & Utilities) was adopted. NEW BUSINESS 39. A footing and foundation permit for Eagan Evangelical Covenant Church' located west of Lexington Road and east of Lexington Way was approved. 40. The ordinance amendment and resolution to establish connection and availability fees for sanitary sewer and water utilities as presented were adopted as presented. 41. Appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive/Blackhawk Drive intersection was approved and previously deferred assessments against the property were waived. 42. The liquor license renewals for 1990 were approved as presented. e 43. A special hunting season for the specific dates as defined in a request by Dan Friendshuh for the Pahl farm that is approximately 49.75 acres was approved. 44. The conditional use permit for Loomis Inc, to allow outdoor storage on Lot 5, Block 2, Halley's Addition was approved. 45. A waiver of plat for Theodore Waldor to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot was approved. 31. The public hearing was closed and the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition -Utilities) was adopted. 32. The public hearing was closed and the final assessment roll for Project 529 (Cliff Lake Center -Streets & Utilities) was adopted. 33. The public hearing for the vacation of public right-of-way (Lexington Way ♦� @ Lexington Ave) was continued to November 9. 34. The public hearing was closed and approval given to the vacation of a portion of public right-of-way for ChesMar Drive near Cliff Road. 35. The public hearing was closed and the final assessment roll for Project 545 (Clearview Addition -Streets) was adopted. OLD BUSINESS 36. An informational meeting was scheduled for October 26 to review a specific list of development issues for the Stafford Place agreement and to issue a notice of cure and place the project in default. 37. The Brittany 10th Addition default declaration was removed. 38. Final ratification of the Park & Trail Dedication Policy was continued to the November 9 City Council meeting. NEW BUSINESS 39. A footing and foundation permit for Eagan Evangelical Covenant Church' located west of Lexington Road and east of Lexington Way was approved. 40. The ordinance amendment and resolution to establish connection and availability fees for sanitary sewer and water utilities as presented were adopted as presented. 41. Appropriate action for a connection charge amount for Dakota County State Bank owned property at the southeast quadrant of the Deerwood Drive/Blackhawk Drive intersection was approved and previously deferred assessments against the property were waived. 42. The liquor license renewals for 1990 were approved as presented. e 43. A special hunting season for the specific dates as defined in a request by Dan Friendshuh for the Pahl farm that is approximately 49.75 acres was approved. 44. The conditional use permit for Loomis Inc, to allow outdoor storage on Lot 5, Block 2, Halley's Addition was approved. 45. A waiver of plat for Theodore Waldor to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot was approved. Adot 51 52 53 An amendment to Lexington South Planned Development requested by Tri -Land Partnership to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road was approved in concept. ADMINISTRATIVE AGENDA A request by Don Vimr to consider a deferment of the $12,000 proposed assessment for a buildable lot for 5 years or such time that the property is developed and, further, that he will be responsible for the proposed and pending assessment of $12,000 for his existing homestead was approved. The first amendment to the development agreement for the Seneca final plat was approved. The revised grading plan submitted by Fortune Realty, developer of Safari Estates 2nd Addition, was reviewed by the Council and approval was given to the plan. The Director of Parks and Recreation and City Administration were provided a favorable direction concerning a future school site at the intersection of Johnny Cake Ridge Road and Clemson Lane adjacent to City park land. A kennel license for twenty cats for Wayne and Karen Henneke at 3453 Rolling Hills Drive was presented and continued to the November 9 City Council meeting. An extension for the Stratford Oaks preliminary plat was approved for six (6) months. All bills were approved and ordered paid.