03/21/2000 - City Council Regular
AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
MARCH 21, 2000
6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
/ Z A. YOUTH Summit Update
y B. CITY COUNCIL Update/NLC Conference
S C. BAND SHELL Update/Eagan Rotary Club
V. CENSUS 2000 UPDATE (BLUE)
VI. CONSENT AGENDA (PINK)
p 6 A. PERSONNEL ITEMS
O B. FINAL SUBDIVISION - (Oakbrooke 4th Addition) Pulte Homes of Minnesota Inc. to create 76
single family residential lots on property located east of 1-35 between Diffley Road and Deerwood
Drive in the SW 1/4 of Section 21
103 C. FINAL SUBDIVISION - (Town Center 10018th Addition) Elder Jones Company, to create two lots
on property located north of Town Centre Drive and east of O'Leary Lane in the NE 1/ of Section
15
n r D. FINAL PLAT - (Cedar Cliff Commercial Park Fifth Addition) Cedar Cliff Properties, LLC to
r create a single lot on property currently described as Outlot A, Cedar Cliff Commercial Park 3rd
Addition and located north of Cliff Road and east of Nicols Road in the SE 1/4 of Section 30
P i E. LICENSE renewals for the year 2000, commercial fertilizer and tobacco
Pao F. PROCLAMATION, proclaiming March 24, 2000 as Burnsville/Eagan Community Television
Volunteer Appreciation Day
Paa G. CONTRACT 00-01, authorize preparation of plans and specs (Cliff Road Water Treatment Facility
1 - Masonry Restoration)
P p[~ H. RECEIVE petition/order public hearing - easement vacation (Gardenwood Ponds 4th Addition)
oZ I. RECEIVE petition/order public hearing - easement vacation (Royal Oaks)
fr, J. EXTENSION for recording the final plat, Ballantrae 2nd Addition
K. FINAL PLAT, Pines Edge 4th Addition, Shamrock Development
p3 3 I L. PREMISES permit renewal applications, Knights of Columbus to conduct pull tab operations at
Starks Saloon and Richards Food & Liquors
/1'2M. FINAL PLAT, Tyler Jay Addition
VII. 6:45 - PUBLIC HEARINGS (SALMON)
b ~(y A. PROJECT 788, TH 3/Gardens of Eagan (Utility Improvements)
/VIII. OLD BUSINESS (ORCHID)
&MA- CLARIFICATION of signage plan, Eagan Transit Facility - MVTA
79 B. SOLID WASTE ABATEMENT COMMISSION name change
P $O C. ECONOMIC Development Commission, consideration of hotel study
IX. NEW BUSINESS (TAN)
15A. REZONING (PRELIMINARY PLANNED DEVELOPMENT) -Glen Pond Apartments, from R-4
(Residential Multiple) and Neighborhood Business to Planned Development for four apartment
buildings totaling 228 units, and to Limited Business for future development; and a
PRELIMINARY SUBDIVISION (Effress 2nd Addition) of 24.6 acres to create four lots, located east
of Pilot Knob Road between High-Site Drive and Marice Drive in the SW 1/4 of Section 10
f . / 2 I B. ORDINANCE AMENDMENT, Chapter 4 of the Eagan City Code entitled Construction Licensing,
Permits and Regulation for the purposes of aligning City ordinances with State Statutes
P/Sµ C. HAZARDOUS property resolution for 4391 Garden Trail
X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
/.3_f A. AMENDMENT to MLC Joint and Cooperative Agreement
XI. ADMINISTRATIVE AGENDA (GREEN)
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. ADJOURNMENT
XIV. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least
96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
Updated 3-17-00 - 10:45 a.m.
MINUTES: 1?i •r.2 "TING OF THE
.
t?~'~`3i''Ci`I'Y't`l'~LfC,••~L
Eagan, Minnesota::
March 6, 2000:
A regular meeting of the Eagan • i C pa!I 1% don Monday, March 6, 2000 at 6:30 p.m, at
the Eagan Municipal Center. Present were Majiata' and Councilmembers Masin, Blomquist, and
Carlson. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City Attorney Mike Dougherty.
AGENDA
City Administrator Hedges said*[Iiat 'Clieoil Vt Turkey Federation had requested
consideration of an Exemption from the Lawful il bling use for an upcoming raffle. Mayor
Awada stated that the item would be added to artmen,ad Business.
Councilmember Carlson movc ipp'A ilc i f~ztded a motion to approve the agenda as
amended. Aye: 4 Nay: 0
I NUTES OFTHE FEBRUARY 15, 2000 SPECIAL MEETING
Councilmember Masin raised a question about the wording on pages two and three relating to
Councilmembers editing staff's agencj* said she thought it was the Council's agenda. Mayor
Awada stated that the minutes are coi'Y;Mt :a &:Z: tided that it is the Council's agenda but staff is
responsible for preparing it. CouncilmemTier s ie :iested that the first full paragraph on page six
be revised as follows, "Councilmember Mai saidSIle:va.:concerned about item 8.1 in the handout
because it was a stumbling block and has
no apparent reference."
Counci member Blomquist mi5ki ; Councilmember Masin seconded a motion to approve the
minutes as amended. Aye: 4 Nay: 0
MINUTES OF THE FEBRUARY 15, 2000 REGULAR MEETING
Coundlmember Masin requC iteie in the second paragraph on page six
under Consider Membership, Dakota County EG4poiriicl7evelopment Partnership be changed as
follows, "Councilmember Masin stated that in tT i st the 1 ggiomic Development Commission has
supported the City's membership in this organizibn; ho r, some of the City Council members did
not want to belong."
Coundlmember Carlson moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 4 Nay: 0
RECOGNITIONS & PREti'S, , yTTATIONS
RECOGNITION OF MAYA BABU - PRUDENTIAV:9 IRIT OF COMMUNITY AWARDS,
llQ:~LIST
City Administrator Hedges provided an overview anthis item.
Maya Babu discussed the education and awareneSS:Ciimpaign that she spearheaded which
targeted adult providers of alcohol to minors.
Councilmember Carlson noted that Ms. Babu also won the state debate championship. Mayor
Awada suggested that Ms. Babu display her award at City Hall.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 2
DE#1 tTMENT HEAD $SINESS
GR ,APPLICAT , LCTS
City Administrator Hedges provid%e%" vi w on this item.
Councilmember Masin moved, Councilmember Carlson seconded a motion to approve the
Local Collaborative Time Study (LCTS) Grant from the Police Department to School District 196 for
funding support of Wescott Police Sub$4txl.; •A•;; 4. iar 0.
. r:
ECONOMIC DEVELOPTT PAkTERSHIP UPDATE
Councilmember Blomquist provided a date.
ALLOCA•l i ;£W'IR$ fl ATION FUNDS
City Administrator Hedges provided an overview on this item.
Councilmember Masin inquired about the possibility of saving the trees at the corner of Galaxie
and Cliff. Director of Parks and Recrgation Vraa stated that the property could be considered for
preservation purposes.
Mayor Awada moved, Councilmemberr' l$ t corded a motion to approve the Tree
Mitigation Fund Policy. Aye: 4 Nay: 0 : •
EXEMPTION FROM LAWFUL GAM$C1~I'; NATIONAL WILD TURKEY FEDERATION
City Administrator Hedges Fi'd'vided an overview on this item.
Councilmember Carlson moved, Councilmember Masin seconded a motion to approve a
resolution providing for an exemptioi3 from the lawful gambling license requirement for the National
Wild Turkey Federation to conduct a raffle on March 21, 2000 at the Royal Cliff Banquet Facility. Aye: 4
Nay: 0
CE1IkUS 200(k:
City Administrator Hedges noted that t#i;Census f gnmittee would be meeting tomorrow He
mentioned that the Census Bureau needs 7,000 ~3eb'ple frop}: s region to help with the Census and
encouraged interested individuals to apply. CouncilmembeiMasin asked if the Census Readiness Kick-
off videotape was still playing on Channel 16. City Administrator Hedges said that he would check on
the status.
A
C NSENT IMP
A. Personnel Items
Item 1. It was recomir ended to approve tfi" W ' 1ir2tig tiF'fiiig~'fa•Ellison as an Engineering Technician at the
Maintenance Facility.
Item 2. It was recommended to approve the hiring of Bruce'bVilken as an Engineering Technician in the
Engineering Department.
Item 3. It was recommended to approve the hiring of Ben Kristensen as a temporary intern in
Administration.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 3
Item 4. It was recommended to apprdi7:lie'fiiiirig ~of a.perso be recommended for hire as the part-
time Clerical Technician II/Receptioni"r the Finance Deprtfnent.
Item 5. It was recommended to approvik:ft. firing of a.pR;tek to be recommended for hire as the IT
Technician for the Cities of Eagan and Buiii8.:::
Item 6. It was recommended to establish a Joint Recycling Coordinator position to be shared between
the Cities of Eagan and Burnsville.
Item 7. It was recommended to accept.tl . anon of Claudia Knutson, Criminal Intelligence
Analyst for the Drug Task Force. ' t.. ,
Item 8. It was recommended to approve the rec2sss#ficatiorie GIS Technician at Central Services
Maintenance to Senior GIS Technician. • -
Item 9. It was recommended to approcp't3 *i g ? :4ilgan, Jacqueline Peters, Mali Walters,
Anne Rousch, Charles Goodman, Krist 1Gfillman, Lir tMy' Marko, Kathryn Haseman, Emily Brown,
Kathryn Jamieson, Derek Harmon, Matt Porter, Matt Spurr, Kristi Guenther, Beth Butler, Christin
Weggemann, Grant Mestnick, Jennifer Kilby and Melissa Mariner as seasonal lifeguards at Cascade Bay.
Item 10. It was recommended to approve the hiring of Kristin Rogers, Carrie Peterson and Ann Morin-
Skumatz as seasonal guest relations s d : eaders at Cascade Bay.
Item 11. It was recommended to approve 'fiei£ygip~+ Vanderlugt, Ashley Kjos and Kathryn
Glynn as guest relations workers at Cascade:$ay.
Item 12. It was recommended to approve t1 1 t z I. hen Byrnes, Dan Kasperek and Dale
Skogstad as seasonal concessionaires a6r;0a5j z34 p.B I5r
Item 13. It was recommended to approve the hiring of Ryan Sisson as a seasonal maintenance worker at
Cascade Bay.
Item 14. It was recommended to approve the hiring of Steve Polkowski as a seasonal concession
worker/skate guard at the Civic Arer ti.:
Item 15. It was recommended to approve the hu-iri o'Norman Peterson as a seasonal park laborer.
Item 16. It was recommended to approve the hid-` of Joe hens as a seasonal park attendant.
B. 1999 General Fund Budget adjustments. It was recommWed to approve the 1999 General Fund
Budget adjustments.
C. Extension for recording the final plat for Lexington Bell 2nd Addition - U.S. West. It was
recommended to approve a 90-day extension for recording the final plat for Bell Lexington 2nd Addition,
consisting of one lot located on the northeast corner of Lex%t on Avenue and Lone Oak Road in the SW
14 of Section 2.
D. License renewals for the year 200(: i rtit '4 It was recommended to approve the
tree contractor license renewals and the tobacco llceii i_e* iewal for the year 2000.
E. Request for funding Eagan Healthy Community Isu iii It was recommended to make the
necessary budget adjustments and transfer of funds.
F. Approve Settlement Agreement, Cliff Road Water Treatment Facility (Masonry Restoration). It was
recommended to approve the settlement agreement for the masonry restoration of the Cliff Road Water
Treatment and authorize the Mayor and City Clerk to execute all related agreements.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 4
G. Approve Settlement Agreement, P '.ptscf l42 easement•af isition). It was recommended to
approve a Settlement Agreement for l els 10-01400-010-2. d 10-01400-010-05 (Carriage Hills
Country Club) regarding the easemenC uisition for Proje ;742 (Wescott Woodlands - Street and
Utility Improvements) and authorize th - c?faxor and City.. Gtk to execute all related documents.
H. Ordinance amendments, Chapter 4 of t1i'i' }ii#X'Code. It was recommended to direct staff to
initiate an ordinance amendment to Chapter 4, Section 4.01 as a result of legislative changes.
1. Premises permit renewal application, Eagan Lions Club to conduct a pull tab operation at Cedarvale
Lanes. It was recommended to approvea.xesolution renewing, the charitable gambling premises permit
for the Eagan Lions Club to conduct a # } i t darvale Lanes located at 3883 Beau d'Rue
Drive.
J. 'Application, MN ReLEAF Forest Health Gra~tilt was recquunended to authorize the submission of
an application for a 2000 Minnesota ReLEAFi;6:J Iealtl?:~ dnt from the Minnesota Department of
Natural Resources.
K. Contract 00-06, receive bids/award contract (Pond BP-12 Improvements). It was recommended to
receive the bids for Contract 00-06 (Pond BP-12 - Water Quality Improvements), award the contract to
Rud Construction, for the Base Bid in the amount of $32,615.00, and authorize the Mayor and City Clerk
to execute all related documents.
Councilmember Blomquist ni baucilmember Carlson seconded a motion to approve the
Consent Agenda. Aye: 4 Nay: 0
PLIC H'15
ADOPTION OF ENABLING FOR CREATION OF EAGAN ECONOMIC
2 'ta UOPMENT AUTHORITY
City Administrator Hedges provided an overview on this item.
Mayor Awada opened the public hearing to anyone wishing to speak. There being no one, she
closed the public hearing and turned; te:di.i q f>? s k4:t e Council.
Councilmember Blomquist moved, Couiacilmember,Carlson seconded a motion to approve the
enabling resolution for creation of the Eagan Ecgiip uc De 4;pment Authority. Aye: 4 Nay: 0
• ESTABLISHMENT OF ViVELOPlt? 1T DISTRICT AND
APPROVAL OF DEVELOPM&T PROGRAM
City Administrator Hedges provided an overview on this item. He noted that the development
program objectives should be expanded to-not only include the development of a community center but
also the development of a bandshell, community facilities a 4 any other community designated events
appropriate for the Central Park. Councilmember Blomgsuggested the inclusion of language
pertaining to a central meeting place.
Mayor Awada opened the piifi:#Itg:i;t~ishing to speak. There being no one, she
dosed the public hearing and turned the discussion back to.the Council.
Councilmember Blomquist moved, Councilmembz~lson seconded a motion to approve the
resolution establishing the development district, approving the development program and declaring
intent to finance a portion of land costs. Aye: 4 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 5
ECONOMIC I 7EJ.OPMENT AU )RITY MEETING
The regular City Council meeti;.was adjourned ats::190 p.m. to the Economic Development
Authority meeting. The City Council ni,g was recontid at 7:10 p.m. (Minutes of the EDA
meeting are recorded under separate cover;:
ADOPT RESOLUTION DECLARING INTENT TO FINANCE A
PORTION OF LAND COSTS
Councilmember Blomquist maYgci:?4fip}e.t•31Q~sin seconded a motion to adopt a
resolution declaring the Council's inter hW€:eiiythe sale of Development District #3, or
a portion thereof, be used to retire the bond debt
Mayor Awada asked Director of Fin ance: nOverl:*Ngwhy the Council should wait to take this
action. VanOverbeke responded that "*Q
t~i~~~;~:o~ld•t the rate the City receives on the bonds
due to the potential short call. Councydplf Blctt~tf2fdiitid that she wanted to ensure that the
Council's intent to pay off the bond debt was a matter c trecord. Mayor Awada stated that paying off
the bond debt is the intent of the entire Council but added that it is in the City's best financial interest to
hold off on passing a resolution to this effect. Councilmember Masin concurred with Councilmember
Blomquist . She further said that the present City Council can not bind any future City Councils.
Councilmember Blomquist stated that her intent was to make a commitment to the citizens.
is sold
Councilmember Carlson added that s ;i c witted to this endeavor and that if the property'
the proceeds will have to be used to pay:
Q1
Aye: 3 Nay: 1 (Mayor Awada and Councilm2inbers.Carlson and Masin opposed)
PROJECT 787, CHAT #fittJAPTIST CHURCH
(SANITARY;:WATER IMPROVEMENTS)
City Administrator Hedges provided an overview on this item. Development/ Design Engineer
John Corder gave a staff report.
Mayor Awada opened the public hearing to anyone wishing to speak.
Ann O'Reilly, attorney repreSei'i[ ii :f', tile' 'l 2rF 1.la Schindeldecker - 4880 Pilot Knob Road,
stated that the Schindeldeckers do not receive ai .kenefit fmila this project because they have their own
sewer and water system. She said that the churq#i:3s the onji.ienefiting property and their assessment is
not proportionate to the benefit they will be recei;i;%Mg. She ;t'2;ed that the Schindeldeckers would
qualify for a deferment due to their age and disaty state ;:$he further noted that the deferment
would be requested without interest.
Mayor Awada stated that in many cases assessments have been deferred until the property is
subdivided or-at the time of hookup to City sewer and water. Ms. O'Reilly asked if there was a
stipulation regarding when hookup to City sewer and watt/:maust occur. Director of Public Works
Colbert stated that City policy mandates that at the time ofll or septic failure the property owner
must connect to City utilities.
Councilmember Carlson noten 3~ttti~Ce#s:~t~esignated for park purposes in the
Comprehensive Guide Plan and questioned the long-term. uso of the property.
Arnie Doering, 4884 Pilot Knob Road, stated that F[i'previously provided an easement to the
church for this purpose and had already been assessed for Grace Drive and the widening of Pilot Knob
Road. Mayor Awada said that the same provisions that would apply to the Schindeldeckers would also
apply to Mr. Doering. Further discussion occurred regarding deferral of assessments.
Jamie Booth, representing Chapel Hill Baptist Church, explained their need for City utilities and
requested that the Council defer the assessments to the residents.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 6
There being no one else wishiit ko speak, Mayor Atvea closed the public hearing and turned
the discussion back to the Council.
Mayor Awada moved, Coundlni"" • i onded a motion to approve Project 787
(Chapel Hill Baptist Church - Utility Improviift~fits~i aitt')iorize the preparation of detailed final plans
and specifications and direct staff to prepare the appropriate deferrals for consideration at the time of
the final assessment hearing. Aye: 4 Nay: 0
PROJECT•7 S,IBI.U.WA.TER ROAD
(ACCESS MODIFICAT # :C•t ROAD IMPROVEMENTS)
City Administrator Hedges provided ari overview Oifihis item. Director of Public Works
Colbert gave a staff report. Matt Hanson, repring SR)?t sulting Group, provided additional
project details.
Mayor Awada opened the public hearing to anyone wishing to speak.
Jack Hoeschler, representing Dart Transit, stated that Dart is not requesting the frontage road
and there is no benefit to the properties on the south side of Highway 55.
Discussion occurred regardir> es that were conducted and determinations regarding
access points. Mr. Hoeschler stated tHa 1f#}s1d like to see both access points and median cuts
retained. He added that no substantial evideitis4t1:~3?resented to justify the closure. He further
added that the development to the north ofighway'S~tva$ causing the need for the frontage road;
however, the property owners to the south. a x e bei • • 100 % of the cost.
Greg Miller, Wispark, expres*649:ti}iportfor the project. He mentioned that an AUAR Study
was completed for this area and comi~iei d on the assessments Wispark incurred as a result of street
construction required as a part of that study. He said that this area needs a cohesive transportation
plan.
Tony Philipi, business owner at 2875 Highway 55, commented on the heavy hauling occurring
on TH 55 and added that some of th8:;'?i¢}€3tfc :and out of his property requires wide
turning capabilities. He further addei:~to his business.
There being no one else wishing to speak.;''layor Ada closed the public hearing and turned
the discussion back to the Council.
The City Council referenced a letter of opposition i i ived from the Imre family. Discussion
occurred regarding the hardship to the lmre property and access issues. Councilmember Blomquist
expressed concern about the lack of breakdown on estimates regarding the assessment amounts. She
said it would be incumbent upon the City-to perform appraisals to determine the actual benefits to these
property owners. She added that she was not opposed to x4;project but rather wants to ensure that the
property owners are receiving a benefit. She suggested th& amount of benefit be derived at before the
project is ordered. Councilmember Masin stated that the P" le in opposition to the project had
presented substantial arguments. Si~.cjdie;`stX?:t; should. determine if there is a benefit to
the property owners.
Mayor Awada commented on the need for the prjl and stated that the Council should
approve it and direct staff to have appraisals prepared anc iiesented at the time of the final assessment
hearing. Councilmember Blomquist reiterated her suggestion to prepare the appraisals prior to ordering
the project. Mayor Awada stated that she did not want to get into a discussion on the assessment policy
since a Councilmember is currently in litigation with the City over a street assessment. She noted that
approving the project will determine the maximum amount that can be assessed. She said that the
decision before the Council does not pertain to assessments but rather whether or not the street is
merited. She stated that she was in support of the improvement.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 7
Councilmember Masin sugges continuing this itAfi;:~o the next meeting to allow her an
opportunity to visit the area with staff;•:14Jayor Awada asked'fibw the delay would affect the
construction of the street. Court cilmeni Carlson said tht( :e road improvements are needed and
there are safeguards in place to ensure 3te..prppert :cv;$'not be assessed above the maximum
amount determined. She commented thaFS}t3;fservations because of the steep assessments
and suggested reviewing the appraisals pri or fo•tri'$eruig the project in an effort to determine the City's
obligation. Mayor Awada asked how long it would take to prepare the assessments. Director of Public
Works Colbert stated that the appraisal process would be much more involved than that used for
residential properties and indicated that it may take upwards of two months. He mentioned that the
project could not be awarded until aft . :&c :year funding program that MnDOT
approved for this project.
Councilmember Blomquist moved, Mayo' A'wada seconded a motion to continue Project 750
(TH 55/ Blue Water Road - Access ModificatioA*: Frontag pad Improvements) to the May 16, 2000
City Council meeting and to a u t h o r i z e : S t ; :ttf *4,. e j3 ls. Aye: 4 Nay: 0
• . OLD BUSINESS
CLARIFICATION OF THE SIGNAGE PLAN FOR MVTA
City Administrator Hedges prgyided an overview on this item.
Joanne Olson, LSA Design, co>Yiiitid tQ : beproposal and said that they have attempted to
keep the signage small and minimal.
Mayor Awada stated that a clock to* y w.~g:Rt}p ibSkt#'to be located in the center of the
development as specified in the developptgem C. * She added that the lighting and guardrail
design was supposed to be similar to viii€:tl:~t~'re Yankee Doodle Road bridge. Councilmember Masin
stated that the proposed signage will sfi7.Ibe under the maximum allowed. Discussion occurred
regarding the height of the signage. Senior Planner Ridley stated that staff would review the Planned
Development Agreement and the minutes to-address the clock tower issue. City Attorney Mike
Dougherty stated that the PD Agreement may need to be amended if the MVTA wanted to change the
location of the clock tower.
Councilmember Blomquist utovecf,'14fiyOt~i+vcfa'~9e~ebnded a motion to continue the allowable
signage for the proposed MVTA transit station itfinitely;,.:ye: 4 Nay: 0
CONTRACT 00-04, (DUCK 4~,' , ,)D I)Rt-W - STREET OVERLAY)
City Administrator Hedges provided an overview onthis item.
Mayor Awada moved, Councilmember Carlson seconded a motion to approve the plans for
Contract 00-04' (Duckwood Drive - Street Improvements) and authorize the advertisement for a bid
opening to be held at 10:30 a.m. on Thursday, April 13, 2000::::iA ye: 3 Nay: 1 (Councilmember
Blomquist opposed)
Councilmember Masin stated;.;tsd?e~es}iil:;dthe contract with the understanding that
she was concerned about the assessmeiif'~ssat**'~
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 8
PLANNED DEVELOPM 11jT AMENDMEN'T-'FORGERSON PROPERTIES
TO AMEND } NAGE FOR S;lE' BRIDGE SUITES
City Administrator Hedges provi 434% Q eM; ?39 ++on this item. Senior Planner Ridley gave a
staff report.
Councilmember Carlson moved, Councilmember Masin seconded a motion to approve a
Planned Development Amendment to allow the erection of a wall sign on the southern facade of the
Staybridge Suites Hotel located south 0.0,00K.W : a1 irtWxf Rahn Cliff Road in the northeast 1/4 of
Section 31 subject to the following cone ifftiri i' ' • • • • • '
1. Prior to erection of the wall sig 1. sign peTIM
shall be obtained from the City.
2. The applicant shall ertff evelopment Amendment Agreement
with the City.
3. No wall signs on the north and east sides of the hotel shall be allowed.
Aye: 4 Nay: 0
PRELIMINARY s . Y:k$ION - ZIRNHELT PROPERTIES, LLC
(EAGANDAf:$AtRK 5TH ADDITION)
City Administrator Hedges provic tj an overvi,ew.A '#his item. Senior Planner Ridley gave a
staff report. Councilmember Carlson movei;l~C'ai'seconded a motion to approve a
Preliminary Subdivision (Eagandale Q£f#?'k;Adciition) consisting of 2 lots located upon
approximately 6.8 acres of land locatQt;$oiltti'of Corporate Drive and east of Pilot Knob Road in the
northwest ?/4 of Section 3 subject to the following conditions:
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993:
Al, B4, C1, Fs,'.
2. The property shall be platted.
3. Proposed Lot 2 shall be subject# j cash p C,s dedication and cash trails dedication at
the time of building permit.
4. The existing drainage and utility easement over the storm sewer pipe along the north
edge of Lot 2 shall be expanded from 10 feet to 20 feet in width.
5. The applicant shall prepare an ingress/egi o easement (for the shared access) and cross
parking easement (for the shared parkingipgween Lots 1 and 2. Such easements shall
be submitted to the Cit•}. :Ata;??e~.&or.revie~:and approval prior to final subdivision
approval.
6. The applicant shall prepare and the City ASCprney shall review and approve an
easement relating to the internal connectiAietween the two build ig phases. Such.
easement shall be recorded with the final'sufidivision.
7. Building plans, materials and construction associated with phase 2 development shall be
such that they will ensure an interior sound level of 50 dBA.
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 9
8. Lot 2 building develo fe 1 ii: ti d x Rt 2) shall include a physical connection
to the structure preserii~.•'existing upon the gaoperty.
Aye: 4 Nay: 0
INTERIM USE Pp;'ti::#fiWEST AIRLINES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Councilmember Blomquist stated that she would be abstaining on this item.
Councilmember Carlson move 'A asd,p:~4ed a motion to approve an Interim Use
Permit (IUP) to allow the existing of sue**e afi#t8 pn Lot 1, Block 1, Lone Oak Second
Addition, located in the northeast 1/! of Section 1. ect tot ; Rowing conditions:
1. The Interim Use Permit shall bearded vn 60 days of its approval by the City
Council.
2. The permit shall terminate on March 1, 2b01.
3. No physical modifications to the existing temporary classrooms shall take place.
Councilmember Masin questioned when a permanent training facility was going to be
constructed. The applicant said that kk Airlines has an agreement with Pan Am International to
ensure the start of construction of a tr i c1l t by the end of June 2000 otherwise the trailers will be
removed.
A vote was taken on the motion. A ,Natl.;:
LEGISLATi4~ItGOVERNMENTAL AFFAIRS
AIRPORT MITIGATION LEGISLATION
City Administrator Hedges provided an overview on this item.
Councilmember Masin move kifilC? ei 2CC S n seconded a motion to approve support
of the proposed airport mitigation let ho?N9 idcdiniittitiit to that support to the City's state
legislative delegation. Aye: 4 Nay: 0
City Admiistrator Hedges thanked Asst;ant City.
ministrator Jamie Verbrugge for his
efforts in regard to this issue.
;ADMINISTRATIVE AGENDA
REASSESSMENT REQUEST FOR PROJECT 636R
Director of Public Works Colbert provided an ovew on this item.
Larry Poppler, 3030 Poppler tei~' id *1 hborhood was making a unified request
for reconsideration of the assessments assoaated w 13rolec't 636R. He said that the request was being
made because a mistake had been made with regard to th ;ti •ssification of the property being asses,ed.
Mayor Awada stated that the City Council had addressed;#S issue last fall. She explained the rationale
for calculating the assessments. She further explained that•the improvements made to Poppler Lane
were development driven.
Discussion occurred regarding which member of the City Council could make a motion to
reopen the assessment issue. Councilmember Masin questioned the number of situations where
EAGAN CITY COUNCIL MEETING MINUTES; MARCH 6, 2000
PAGE 10
everyone in the neighborhood was clasfi 4 "f'&vefope lirector of Public Works Colbert
responded that the City does not havea:5pecific assessmenssification for developers and that all
properties were equally assessed the she per lot rate.
Coundlmember Carlson said emP,s7 a'previously reached with the property
owners regarding the assessments. She add81:6i.2[sconcerned about repealing certified
assessments and the precedent that would set. Mayor Awada asked when the City started doing appraisals on reconstruction projects.
Director of Public Works Colbert stated that appraisals have been progressively performed over the last
eight years.
Councilmember Masin said that at somd nt the if made a mistake that now affects three
other property owners. Councilmember Carlsop, eiteratedit}iat an agreement was negotiated.
Councilmember Blomquist said that it was herp- ; t'.,,that the:*Aeement was never agreed to by the other
property owners. She stated that this QifE cl .flt?t: e.v ed fairly.
Director of Public Works Colbert noted that the developer, Larry Poppler, Sr., agreed to waive
his right to object to any assessments. Mayor Awada added that the Public Works Committee
negotiated with Mr. Poppler and he was in agreement with the reduced assessment amount.
Mr. Poppler said that there were a lot of inconsistencies with how the assessments were
calculated and he added that the resit#i ;y¢&z not treated fairly.
Mayor Awada asked if it would be ossi i; p l the assessments to the three property
owners and bill the developer for the full aiiunt. City Attittrey Dougherty said it would not be
possible to bill the developer for previous a essypefS:#>;crre levied to other property owners.
Mayor Awada clarified that, ifjfb'formally reconsider this issue, it would require a
motion by a member of the prevailing'iiiotion from last September when the Council rejected a similar
request for reconsideration. With no Councilmember offering any further discussion, the Mayor
informed Mr. Poppler that the Council could not go any further with his request.
.
ATRIO ' MENT
The meeting adjourned at 9: b'p:iii'-'tdti'I~XctE3t?e~. ssion for the purpose of discussing
pending litigation regarding the Michael Vincertiii . City of Wigan, Mayor Awada and Councilmembers
Bakken and Carlson. Present were Mayor Awa itnnd Co 4".. almembers Masin, Blomquist and Carlson,
City Administrator Tom Hedges, City Attorney'ce Douxty, legal counsel Cliff Greene and Doug
Gronli with the League of Minnesota Cities Ins1iY'$tlce Trus i.
MLK
Date City Clerk
If you need these minutes in an alternati04oir}Filte9 ia~:lepi W Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4E.JtTDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons hai ual access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
ati MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 17, 2000
SUBJECT: AGENDA INFORMATION FOR MARCH 21, 2000 CITY COUNCIL
MEETING
ADOPT AGENDA/APPROVE MINUTES
After approval is given to the March 21, 2000 City Council agenda and the minutes of the March
6, 2000 regular City Council meeting, the following items are in order for consideration.
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
DEPARTMENT HEAD BUSINESS
A. YOUTH SUMMIT UPDATE
ACTION TO BE CONSIDERED:
Following a discussion with high school students representing the County-wide Youth Summit that
was held in Rosemount on February 24, appropriate direction should be given to the Chief of Police
and City Administrator regarding teen smoking and the need for additional teen center space.
FACTS:
• City Councilmember Masin, Chief of Police Therkelsen and City Administrator Hedges
attended and participated in the County-wide Youth Summit held at the Rosemount Community
Center on Thursday, February 24.
• The Eagan group facilitator, Maya Babu, led a discussion with approximately 15-20 Eagan
High School students on various issues youth are concerned about within the Eagan
community.
• There were three students who provided discussion on the need for: 1) an additional teen center
facility similar to The Garage in Burnsville; 2) more prohibition of smoking in public places to
discourage rising tobacco use by teens; and 3) the need for a school referendum for reduction of
class sizes in both ISD #196 and ISD #197.
• The three students, Chelsea Hagan, Karen Luchka and Brandon Nguyen, were sent letters of
invitation to report to the City Council on the Youth Summit.
• The students will provide brief interaction with the City Council regarding these issues,
recognizing that the school referendum is not an Eagan City Council policy matter.
ATTACHMENTS:
• Enclosed on page 3 is a copy of the letter of invitation sent by the City Administrator to
each of the three students.
T'1dtV of aagan
PATRICIA E. AWADA
Mayor
March 9, 2000 PAUL BAKKEN
BEA BLOMQUIST
PEGGY A. CARLSON
SANDRA A. MASIN
Council Members
THOMAS HEDGES
City Administrator
Chelsea Hagan
575 Eden Circle E. J. VAN OVERBEKE
Eagan, MN 55123 City Clerk
Dear Chelsea:
I truly enjoyed the opportunity to meet with you and other student who live in Eagan and
attend one of the several public high schools that serve the City of Eagan. The topics
regarding teen smoking, the need for an additional teen center and concern for the
increase in class sizes in Districts 196 and 197 was. cause for excellent discussion. City
Councilmember Sandra Masin, Chief of Police Kent Therkelsen and myself are all
anxious to have the three of you and also Maya Babu appear at the City Council meeting
on Tuesday, March 21 at 6:45 p.m. to share some of your concerns and recommendation
with the City Council. This letter was also sent to Brandon Nguyen and Karen Luchka.
I am happy to inform you that our Chief of Police has contacted the Perkins Restaurant
and is discussing measures with the General Manager to mitigate the underage smoking
at that establishment.
If you have any questions about the upcoming Council meeting, please do not hesitate to
call me at (651) 681-4613.
Sincerely,
Thomas L. Hedges
City Administrator
Cc: Maya Babu
Ms
3
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
38W PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN. MINNESOTA 55122-1897 EAGAN. MINNESOTA 55122
PHONE (651) 681.4600 PHONE: (651) 681-4300
FAX: (651) 681-4612 Equal Opportunity Employer FAX: (651) 681-4360
TDD (651) 454-8535 www.cityofeogan.com TDD: (651) 454-8535
1
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
B. CITY COUNCIL UPDATE/NLC CONFERENCE
ACTION TO BE CONSIDERED:
There is no formal action on this item; City Councilmembers will provide a brief update on the
recent National League of Cities Conference.
FACTS:
• City Councilmembers attended the Annual Congressional City Conference in Washington, D.C.
attending meetings on a number of topics ranging from borrowing money, Census 2000, Smart
Growth, privacy and public information and a special meeting of NOISE (National
Organization to Insure a Sound-Controlled Environment).
• The City Council also delivered federal funding requests to the Minnesota Congressional
Delegation for a $6 million bridge decking over I-35E to connect Northwood Parkway. The
unfunded cost for which the City is seeking support is estimated at $4.5 million.
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
C. BANDSHELL UPDATE/EAGAN ROTARY CLUB
ACTION TO BE CONSIDERED:
There is no formal action; the Eagan Rotary Club will provide an update on recent action approving
a funding allocation for construction of a bandshell at the proposed Central Park.
FACTS:
• For several years, the Eagan Rotary Club has proposed to participate financially in the
construction of a bandshell to be used by the community.
• At a recent Board meeting, the Eagan Rotary Club approved a funding allocation for
construction of a bandshell in the Central Park development.
• John Curlee, member of the Eagan Rotary Club, will be present to provide a brief update on the
proposed Rotary/City of Eagan partnership to build the bandshell facility.
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require 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 Old or New Business unless the discussion required is
brief.
A. PERSONNEL ITEMS
Item 1. Community Service Officer--
ACTION TO BE CONSIDERED:
To approve the hiring of Thomas Bohrer as a Community Service Officer.
Item 2. Clerical Technician IIL/Receptionist/Central Services Maintenance--
ACTION TO BE CONSIDERED:
To approve the hiring of Krista Forster as a Clerical Tech IlI/Receptionist for Central Services
Maintenance.
Item 3. Temporary Building Inspector(s)--
ACTION TO BE CONSIDERED:
To approve the hiring of a person or persons to be recommended for hire as a temporary building
inspector(s).
FACTS:
• Interviews for this position were held on Thursday, March 16, 2000.
• Currently, references and criminal background checks are being processed.
• If possible, a name(s) will be furnished to the Council with the Administrative Agenda or at the
Council meeting; however, if this is not possible, staff is asking for approval to hire the
person(s) they would recommend.
Item 4. Informative--
FACTS:
For the Council's information, the name of the person hired as the Clerical Tech II in Finance is
Maria Pierce and the name of the person hired as the IT Technician Assistant for the Cities of
Eagan and Burnsville is Jason Deal. Both of these hirings were approved at the March 6, 2000
regular City Council meeting. No action is required on this item.
6
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
Item 5. Seasonal Lifeguards/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve the hiring of Chris Ahrens, Brenna Beers, Karen Hendrickson, Travis Hibbard, Angela
Knoll, Dan Milis and Jacqueline Scholz as seasonal lifeguards for Cascade Bay.
Item 6. Seasonal Concessionaire/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve the hiring of Ian Wright as a seasonal concessionaire for Cascade Bay.
Item 7. Seasonal Guest Relations Worker/Cascade Bay--
ACTION TO BE CONSIDERED:
To approve the hiring of Kelly Therkelsen as a seasonal guest relations worker for Cascade Bay.
Item 8. Part-time Seasonal Recreation Leader--
ACTION TO BE CONSIDERED:
To approve the hiring of Heidi Reimnitz as a part-time seasonal recreation leader.
Item 9. Part-time Seasonal Supervisor/Civic Arena--
ACTION TO BE CONSIDERED:
To approve the hiring of Kelly Thompson as a part-time seasonal supervisor for the Civic Arena.
2
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
B. FINAL SUBDIVISION (OAKBROOKE 4TH ADDITION)
PULTE HOMES OF MINNESOTA, INC.
ACTION TO BE CONSIDERED:
> To approve a Final Subdivision creating 76 single family detached dwelling units
upon property currently platted as Outlots A and H, Oakbrooke and located north of
Diffley Road and east of I-35E in the SW 1/4 of Section 21.
FACTS:
> At their regular meeting on August 4, 1998, the City Council approved the
Preliminary Subdivision (and related Final Planned Development) which called for
the creation of 313 single family detached dwelling units upon the entire 117 acre
site.
> At their regular meeting on February 16, 1999, the City Council approved the Final
Subdivision for "Oakbrooke" which was the initial phase of the development and
consisted of 79 lots and 8 outlots.
? The proposed subdivision constitutes the next phase of the Oakbrooke development.
> The Development Contract is expected to be in order and have been executed.
ATTACHMENTS (1):
Final Subdivision drawings, pages L through/.
EXHIBIT "A"
• y~• OA BROOKE 4TH ADDITION
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Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
C. FINAL SUBDIVISION (TOWN CENTRE 100 EIGHTEENTH ADDITION)
ELDER JONES COMPANY, INC.
ACTION TO BE CONSIDERED:
To approve a Final Subdivision entitled the "Town Centre 100 Eighteenth Addition"
located north of Town Centre Drive and east of 0' Leary Lane (upon property currently
platted as Outlot B, Town Centre 100 Sixteenth Addition) in the NE'/4 of Section 15.
FACTS:
? In conjunction with the development of the Allina Medical Clinic in 1996, the subject
property was replatted as Outlot B of the Town Centre 100 Sixteenth Addition.
? The proposed subdivision is being pursued as a result of the applicant's desire to
develop a medical clinic on the southern portion of the property (proposed Lot 1).
? The Preliminary Subdivision was approved by Council action on December 20, 1999
subject to the conditions in the staff report.
? The Development Contract is expected to be in order and have been executed.
ATTACHMENTS (1):
Final Subdivision drawing, page
/3
EXHIBIT A
TOWN CENTRE 100 EIGHTEENTH ADDITION
I "
7 'AN CE:N iRL IJJ I
li ADDI-i ION
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Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
D. FINAL PLAT (CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION) -
CEDAR CLIFF PROPERTIES LLC.
ACTION TO BE CONSIDERED:
To approve a Final Plat (Cedar Cliff Commercial Park 5th Addition) to create a single
lot on property currently platted as Outlot A, Cedar Cliff Commercial Park 3rd Addition
and located north of Cliff Road and east of Nicols Road in the SE 1/4 of Section 30.
FACTS:
? The subject property is part of the Cedar Cliff Planned Development and was platted
as Outlot A, Cedar Cliff Commercial Park 3d Addition in March of 1988.
? The City Code does not allow the issuance of building permits to outlots.
? The approved Planned Development calls for office/commercial use of the property.
? It is the applicant's intent to ultimately develop office uses on the subject property.
ATTACHMENTS (2):
Site Location Map, page
Final Plat drawing, page f~
Eagan Boundary
Location Map Street Centerline
Parcel Area Building Footprint
t~~ to i ,a a ~ ¦
• ~fw A j • r • ¦ . I t
rr ~ ~ ¦ ~ • . ¦.r 7 1~
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e • B
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ow P qpj
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sit ? 9 l
a' w ¦ t ee¦¦ g 3
On,
16
It,
® ~,y
1000 0 1000 2000 Feet
Development/Developer. Cedar Cliff Commercial Park 5th Addition
Application: Final Plat
Case No.: 30-FP-04-02-00 /M¦P Prepared u rlry ER9 Mm1n.31. Farces bass rmp data prodded N
by i kola Ca¦Yy LaM Stsvey D¦psrbrs l and Is aarent as of Jam ary 2000.
4qpll~city of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY E
Community Development Deportment The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S
not responsible for errors or omissions.
CEDAR CLIFF COMMERCIAL PARK FIFTH ADDITION
N
C ri CL;FF
III?adh q•[
11101
9100 ALt 100,1 1t 00001 000001111 The, C•d•t C1111 1.0,0111«. LIC. o .l.•-eta IIaited
r• r 11w111t1 ca.p.,y. •...f. N aN 1.11«I" 111.11.0 ".""I ,"'acted 1. tM County •f
r
t. l'. /.I Ltl~ Ne..., 1101. e1 dl.«0010. t0 .111
~ r \ 1L•! L~ --fir pullet L. CINI atilt CMMKSA1 VMS 70 31.1/1701. ....101.1 t0 the ree•rdN plot Chattel.
/ A R
~i l.Jh1 0 .e as an
NM ...•0 the uC M wep•yd and visited •0 COY RI00 ..111Ct n ?a00 11.71 to
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aa..p..r .eulq port.... .0'.
1n .....fM N•r1M Cl lent' 0 t•pr
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ya0tany. 0
} rO_ 1101 .f 11711 Ct1/p SAd{•C111 plat .weed M•.. Views... to N •11,00 by y 11"1.7 J. "melds- t.tn del
'I'm dla111W Wed as • basis o 2000.
CLl- r- \de1r. t fat b-1191 In this plat.
r r~ (j1 CtN1 at1/1 00w00f100. LIL
1! C.IN -t I Ltl-1
•y eh red nt
\ • "Mts. it- M1.•Mt at. «t•
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1~
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-
V BLOCK I pp~•~ I M..Yr a0. lIt that I M.. .,0700 •N pbttM the property bKtlMl at. pia u ts{
CI dm 13.0 ?s that idle 1.11 t, o cot a.41h. to 11 at M :Le r•r:
CL.II M
•efly lr o bwn M 0010 0111 In fast u0, t.adtheN.1• fea at: test on
_0,l •11 d%" h • . .
.....•.le taw MM co t•rrecraa pried to t0, {tear .Dent that the eats el 0011.11 llwn
gned., e... 1.00 I. al Mo
o . Section 100.0, 1.l00. 11at 1 K I. hot t tara e a a
IF1 ` r I K S..t.to ,..•Ot•
public hu Oval. to he designer" .1001 tbn an
reyK
N{.71 ~ ~ Gtl
w lMaitt w l ~11 \ Fat 01100 w 111000W7al.. 100 t«qlel N..•y1'• Certificate .a KN..r1dp.d NNre a• this
t•~,t chill.. at l Nt ee .1000 ty Ja«. 1«1000•
CLIFF 1tL~
/ Nterr Public County, a1M•«te.
A•. M .t..•
\ ~1 e{ NbpMr MY ..11"77 that.:: by M 1000 Mn City Ca•n<ll .if e1 ,100.0.00 NptLtln ZiG
deter M CI•ra
pi. SlierAUUITICIN
UHRK \ / 1...•MC to "KIM 117 a.N, el- to aMtnist. this plat Me NM µ,1.1N W. d•,
•1 / \ e1 1000.
ArIOR 00
of a. It «r, 300. o • «n Y .t••.d
[);'1,'1%1)N
Iaid
.ICtRlfi •M t better ...till 1001 t tan" far the 7001 10« too the Is" 000.10000 t•1• tl.t CIO"
I... 10, 17. M•. It CLt.t 0~1[helM. Ilal /t 1170 a "IM hew MM 0010 10 •r r M11ny.Ml l...e dw MA tf...I.,
MlarN t./• Nr K 1000.
N 1.11L.1~ ae••.1r r
re~r.tacen• 1w[1%
soll.• . end utility [.••...t• Stan" thus !1W1 4 NEIM ~.t .r tw.vn..e..r• 1 Treasurer - ter, Retain w y. or.......
1 htr•hy 011""1 that thin in.atan.nt filed In the .911- u1 r.r . o[ r ti<• /or r :re
M MI• del Ot 1W0. a n'clan. ,ne rtf ev1Y .IW
N1ep 5.0 fast 1. 1dt. nw1 11.1 nlq bt it _ _ 1OE11/1p@Iw11b ~/i1FrR10 MC_ an..L _ ..n pev. _.t •a 1.
•N 00111 10.0 reK to Width end .301,1.,. ":at SW I 1
e9 .ten. n • eti ZounTy.T ,
00'4 y1:
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
E. LICENSE RENEWALS FOR THE YEAR 2000,
COMMERCIAL FERTILIZER AND TOBACCO
ACTION TO BE CONSIDERED:
To approve the commercial fertilizer license renewals and the tobacco license renewal for
the year 2000.
FACTS:
• The City annually licenses parties doing business in the above-referenced category.
This licenses are in order for review and approval by the Council at this time.
ATTACHMENTS:
• List of renewals attached on page
/7
2000 COMMERCIAL FERTILIZER LICENSE RENEWALS
Minnesota Turf Care Fertilawn
16584 Festal Avenue 9315 Harriet Avenue
Farmington, MN 55024 Bloomington, MN
2000 NEW TOBACCO LICENSE
Lost Spur
2750 Sibley Memorial Highway
Eagan, MN
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
F. PROCLAMATION, PROCLAIMING MARCH 24, 2000 AS
BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER
APPRECIATION DAY
ACTION TO BE CONSIDERED:
To adopt a proclamation proclaiming March 24, 1999 as Burnsville/Eagan Community
Television Volunteer Appreciation Day.
FACTS:
• The Burnsville/Eagan Telecommunications Commission, in cooperation with
Burnsville/Eagan Community Television and the cities of Burnsville and Eagan, have
cooperated in recent years to hold a public access volunteer appreciation event to
recognize the individuals involved in the production of community television.
• This year, the event is scheduled for Friday evening, March 24 at Royal Cliff in Eagan.
Invitations have been forwarded to the City Council under separate cover.
ATTACHMENTS:
• Proclamation enclosed on page
C) 0
PROCLAMATION
BURNSVILLE/EAGAN COMMUNITY TELEVISION VOLUNTEER
APPRECIATION DAY
WHEREAS, from January 1, 1999 to December 31, 1999, 339 citizens volunteered approximately
ten thousand hours of their time and energy to provide community television
programming to the communities of Burnsville and Eagan, resulting in 425 hours of
original programming and 366 new productions, and
WHEREAS, these programs provide the opportunity for the citizens of Burnsville and Eagan to
view programs for and about their communities, which otherwise would not be
provided, and
WHEREAS, the Burnsville/Eagan Community Television volunteer producers and their crews have
established Burnsville/Eagan Community Television as a premier community television
institution, having received over 20 state and national awards, and
WHEREAS, these volunteers receive no compensation for their time, energy and production skills,
other than the occasional thank you by appreciative viewers and citizens, and
WHEREAS, the Burnsville/Eagan Telecommunications Commission, in cooperation with
Burnsville/Eagan Community Television and the cities of Burnsville and Eagan, have
decided to demonstrate their appreciation by honoring all the 1999 community
television volunteers, with the Burnsville/Eagan Community Television Volunteer
Appreciation Event on March 24, 2000.
NOW THEREFORE, I, Pat Awada, Mayor of the City of Eagan, on behalf of the City Council, do
hereby proclaim Friday, March 24, 2000 as
BURNSVILLE/EAGAN COMMUNITY TELEVISION
VOLUNTEER APPRECIATION DAY
in Eagan, Minnesota.
Proclaimed this 21st day of March, 2000.
Patricia Awada, Mayor
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
G. CONTRACT 00-01 CLIFF RD. WATER TREATMENT FACILITY
ACTION TO BE CONSIDERED: Authorize the firm of Bonestroo, Rosene, Anderlik
and Associates to provide detailed plans, specifications, contract administration and
construction management for Contract 00-01 (Cliff Road Water Treatment Facility -
Masonry Restoration).
FACTS:
• The City has completed a detailed evaluation of the Cliff Road Water Treatment
Facility and has determined that it is in need of exterior masonry restoration. The lead
firm of Bonestroo, Rosene, Anderlik and Associates will team with Wiss, Janney,
Elstner and Associates in providing the technical Engineering services for this
specialty work. BRAA is most familiar with the original plant design, and WJE
specializes in masonry restoration. Staff believes the combination of these two firms'
technical expertise will provide the best results for the City.
(:ENGINEERING/AGENDA REPORTS
as
Agenda Information Memo
March 21, 2000
H. GARDENWOOD PONDS 4TH ADDITION (LOT 15. BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of a public
drainage and utility easement and schedule a public hearing to be held on April 18, 2000.
FACTS:
• On March 2, 2000, City staff received a petition from Ray Brandt, registered land surveyor
for the Gardenwood Ponds development, requesting the vacation of a portion of an existing
drainage and utility easement near the northeast comer of Lot 15, Block 1 of Gardenwood
Ponds 4th Addition.
• The easement was dedicated as part of the Gardenwood Ponds 4th Addition plat for an
existing drainage pond, JP-20.4.
• The purpose of the request is to allow D. R. Horton, Inc. to construct a new house on Lot 15,
Block 1. The configuration of the proposed house would encroach upon the existing
drainage and utility easement. The portion of the easement proposed to be vacated is above
the 100-year flood elevation of the adjacent ponding area.
• The request would vacate the portion of the easement needed to construct the new house.
ATTACHMENTS:
• Legal Description, graphic, page
• Location Map, page .
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O • Scda 14 ~S ,\\e. ,g66
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• DISCOVERY ROAD
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YANKEE PL CO S0. W \
TOWN O
WE SCOTT
CENTRE ~ ~ v . N. TR111 .
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2.- BIRCH Pr. a.- IRONWOOD LA. CARRIAGE HILLS WILD aosE w z Fn
a.- NORWAY Pr. PT. GOLF COURSE Ki
CT
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PUBLIC EASEMENT VACATION LOCATION MAP
WORKS
DEPARTMENT LOT 15, BLOCK 1 March 17, 2000
City of Eagan GARDENWOOD PONDS 4TH ADDITION
Agenda Information Memo
March 21, 2000
I. ROYAL OAKS (LOTS 17-20. BLOCK 1)
EASEMENT VACATION
ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility
easements and schedule a public hearing to be held on April 18, 2000.
FACTS:
• On February 29, 2000, City staff received a letter from Michael Black, Project Manager,
Royal Oaks Realty, Inc., requesting the vacation of existing drainage and utility easements
within Lots 17 through 20, Block 1, Royal Oaks.
• The easements were originally dedicated to the City as part of the Royal Oaks development
for drainage and utility purposes. The easements are not necessary to accommodate any
planned or existing utilities or drainage ways.
• The purpose of the request is to allow Royal Oaks Realty to replat Lots 17, 18, 19, and 20,
Block 1 into three larger lots. The reconfiguration of the four lots into three will allow the
construction of larger houses.
• Drainage and utility easements will be dedicated as part of the new plat of the three lots.
• The request would vacate the existing easements, avoiding future conflicts with underlying
easements.
ATTACHMENTS:
• Legal Description, graphic, page?
• Location Map, page $
a.6
g
ti
FAS -Y NT VACATION DESCRIPTION
All the existing drainage and utility easements as delineated within 9
Lots 17, 18, 19, and 20. Block 1. ROYAL OAK, according to the =
® Denotas easements to be vacated recorded plat thereof. Dakota County. Minnesota.
I hereby cerWy that this survey. plan or report was prepared by
me or under my direct supervision and that I am a duly licensed y
Land Surveyor under the laws of the State of Ninnesota. d a
Signed h day of J 2000. For. James R Hill, Inc. i
to j
By.
Harold C. Peterson. Land Surveyor. License No. 12294
R-270.00
WILD ROSE A-08'16'48' COURT R-25.00
R-630.00 N84'09'34'E 59.02r 6-60'15'44'
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PUBLIC EASEMENT VACATION LOCATION MAP
WORKS
DEPARTMENT LOTS 17-20, BLOCK 1 March 17, 2000
City of Eagan ROYAL OAKS
Agenda Information Memo
March 21, 2000, Eagan City Council
J. EXTENSION FOR RECORDING FINAL PLAT (BALLANTRAE 2ND
ADDITION) - ALL-METRO DEVELOPMENT CONSULTANTS, INC.
ACTION TO BE CONSIDERED:
To approve a 90-day extension for recording the Final Plat for Ballantrae 2nd Addition for
property located south of Silver Bell Road and east of Beau de Rue Drive in the NW'/4 of Section
20.
FACTS:
• The final plat of Ballantrae 2nd Addition was approved by the City on January 18, 2000 and
combined two existing parcels containing the Ballantrae Apartments and the community
building into a single lot.
• Additional time is needed for the applicant to obtain documents from the title company that
have been requested by the Dakota County Surveyor.
ATTACHMENTS:
Letter from All-Metro Development Consultants, P.A., page
a9
ALL METRO DEVFL OPMENT CONSULTANTS, P.A.
7111 West Broadway, Suite 201 Thomas H. Veenker, President
Brooklyn Park, MN 55428
Tele (612) 566-8487
FAX (612) 566-8517
March 14, 2000
Marilyn Wucherpfenning FAX 651-681-4694
C/o City of Eagan
3830 Pilot Knob Road
Eagan, MN. 55122-1897
RE: Request for extension for filing Plat
BALLANTRAE 2'''D ADDITION
Marilyn:
In accordance with our telephone conversation, we are requesting a 90-day extension for filing the Plat of
BALLANTRAE 2ND ADDITION.
The main reason for the delay is that the Dakota County Surveyor's office has requested copies of documents
that the Title Company has been slow in providing to us.
We will make a concerted effort to get this approved by the County as soon as possible.
The $ 75.00 extension fee is being sent to you.
Thank you for your consideration.
Thomas H. Veenker, President
All-Metro Development Consultants, P.A. (Surveyor)
30
SURVEYING • ENGINEERING • SnE PLANNING
Quality Development Services
i
Agenda Information Memo
March 21, 2000, Eagan City Council
K. FINAL PLAT (PINES EDGE 4TH ADDITION) - SHAMROCK
DEVELOPMENT
ACTION TO BE CONSIDERED:
• To approve a Final Plat (Pines Edge 4th Addition) consisting of one lot at White Pine Way
and Sycamore Drive in the SE '/4 of Section 36, and a private driveway agreement.
FACTS:
• This parcel was initially platted as an outlot and not made available for construction because
of the two adjacent dead-end public rights-of-way which do not provide access to the parcel
for street maintenance and emergency vehicles because they lack acceptable turnarounds.
• The developer now has a buyer who wants to build on the lot. In conjunction with the
proposed final plat, the developer and buyer have requested approval of a private driveway
across the adjacent public right-of-way of Sycamore Court until such time as a street
extension or turnaround is provided which would eliminate the need for the private drive.
• An agreement between the City and Shamrock Development, the current owner of the parcel,
relating to the use, maintenance and future abandonment of the private driveway has been
drafted and is anticipated to be signed by the developer prior to the City Council meeting. A
copy of this agreement is included in the attachments.
• The signed driveway agreement will be required to be recorded with the plat and will run
with the land and be binding upon future owners.
ATTACHMENTS:
Final Plat (Pines Edge 4' Addition), page 34
Agreement Relating to Private Driveway, pages 2 through 32
1.3/
EXHIBIT A
PINES EDGE 4TH ADDITION
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JOHN OLIYER ! ASSOCIATES. INC.
AGREEMENT RELATING TO PRIVATE DRIVEWAY
This Agreement made this day , 2000, by and
between the CITY OF EAGAN (hereinafter referred to as "City"), a Minnesota municipal
corporation, and the Owner identified herein.
A. The term "Owner" as used herein refers to: Shamrock Development, Inc., a
Minnesota Corporation, whose address is 3200 Main Street NW, Suite 300, Coon
Rapids MN, 55448.
B. The term "Property" as used herein refers to: Lot 1, Block 1, Pines Edge 4th
Addition, Eagan, Dakota County, MN. (Attached Exhibit "A").
RECITALS
WHEREAS, Sycamore Court has been dedicated as public right-of-way, 50 feet in width
from White Pine Way to approximately 100 feet north; and
WHEREAS, said Sycamore Court in part abuts the Property in Eagan; and
WHEREAS, said Sycamore Court has not been opened to public vehicular traffic for that
portion of Sycamore Court described as follows:
That portion of Sycamore Court lying north of the northerly right-of-way
line of White Pine Way.
WHEREAS, the above-described portion of Sycamore Court that has not been opened to
public vehicular traffic by the City is that portion which could otherwise serve as access to the
undeveloped property to the north and the Property; and
WHEREAS, the Owner has requested that the City approve a private driveway over that
portion of Sycamore Court; and
WHEREAS, the City ordinance does require that a buildable lot under the zoning code
and subdivision codes of the City have frontage along or abutting a publicly dedicated and open
roadway or, in the alternative, have an access lane approved by the City Council of Eagan; and
1
33
)
WHEREAS, the City is willing to allow the Owner to use the unopened portion of
Sycamore Court for purposes of a private driveway subject to the terms and conditions
hereinafter stated.
NOW, THEREFORE, the parties hereto agree as follows:
1. Under the terms and conditions stated herein, the Owner is hereby authorized by
the City to use the unopened portion of Sycamore Court previously described as
an access lane for the limited purpose of providing access to the Property.
2. Nothing contained herein shall be deemed an opening by the City of the unopened
portion of Sycamore Court.
3. Nothing contained herein shall be deemed an assumption by the City of any
responsibility for construction, maintenance or repair of the unopened portion of
Sycamore Court to be used by the heirs, successors, administrators, and assigns of
the Owner referred to in this Agreement.
4. Nothing herein contained shall be deemed a waiver or abandonment or transfer of
the right, title and interest that the City holds to Sycamore Court, including the
unopened portion thereof.
5. The access lane to be used by Owner is subordinate to the dedication of Sycamore
Court to the City.
6. The Owner shall be responsible for all costs relating to the maintenance and
repair, including snow and ice control with respect to the use of the access lane.
7. At its expense, the Owner shall record with the Dakota County Recorder a
certified copy of this Agreement, within 30 days of City Council approval of this
Agreement.
8. No structures, vehicles, equipment or other private personal property shall be
placed within the dedicated public right-of-way of Sycamore Court without
express written agreement from the City of Eagan.
9. The approval given herein by the City is contingent upon all the conditions
expressed herein being met and continuing to be met.
10. The private driveway shall not be used in a manner inconsistent with the City's
right, title and interest in the dedicated portion of Sycamore Court, including the
unopened portion thereof.
11. The Owner does hereby agree that when the unopened portion of Sycamore Court
is opened to the public, then the access lane as contained within the unopened
portion of Sycamore Court will be abandoned by the Owner at no expense to the
City, but at the full expense of the Owner.
2
3Y
12. The Owner agrees that if the unopened portion of Sycamore Court is opened to
the public vehicular traffic, and if special assessments are levied against the
Property pursuant to Chapter 429 of the Minnesota Statutes, then the Owner shall
not object to the levy of special assessments on the ground that the Property had
existing access from Sycamore Court. The Owner for themselves, their heirs and
assigns do hereby waive any objection to said special assessments based on the
grounds so specified in this paragraph.
13. This Agreement shall be binding upon the undersigned parties and their
successors, heirs and assigns. This Agreement shall run with the Property and be
binding upon the owner thereof and his heirs and assigns.
14. The Owner and their heirs, assigns and successors in interest do hereby agree to
defend, indemnify and hold the City harmless from all costs and expenses, claims
and liability relating to or arising out of the construction, maintenance, use,
operation, interruption, discontinuance, abandonment or termination of the access
lane.
15. The Owner, their heirs, assigns and successors of interest shall be responsible for
maintenance and repair and reconstruction of the access lane at all times and
under all conditions the private driveway shall be accessible and available to
emergency vehicles, such as fire trucks and police and ambulance vehicles.
IN WITNESS WHEROF, the parties have executed this Agreement the day and year first set
forth above.
CITY OF EAGAN
By: Patricia Awada
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
OWNER:
Shamrock Development, Inc.
3
3S
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of 2000, before me a Notary Public within
and for said County, personally appeared PATRICIA E. AWADA 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 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
(Notarial Seal)
STATE OF MINNESOTA)
) ss.
COUNTY OF )
On this day of , 2000, before me personally appeared
and , to me personally known who, being by
me duly sworn, did say that they are respectively the of
, that the seal affixed to the foregoing instrument is the corporate seal
of said corporation, and that said instrument was executed in behalf of the corporation by
authority of its Board of Directors, and said and
acknowledged the instrument to be the free act and deed of said
corporation.
(Notary Public)
(Notarial Seal)
4
39
APPROVED AS TO FORM:
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Public Works Department
Dated:
THIS INSTRUMENT WAS DRAFTED BY:
City of Eagan
Engineering Division
3830 Pilot Knob Road
Eagan MN 55122
(651)681-4646
G:MISC/Private Driveway/Sogge
5
UNCHECKED PLAT
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Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
L. PREMISES PERMIT RENEWAL APPLICATIONS,
KNIGHTS OF COLUMBUS #7604 TO CONDUCT PULL-TAB OPERATIONS
AT STARKS SALOON AND RICHARD'S FOOD & LIQUORS
ACTION TO BE CONSIDERED:
To approve resolutions renewing the charitable gambling premises permits for the Knights
of Columbus #7604 for pull-tab operations at Starks Saloon at 3125 Dodd Road and
Richard's Food & Liquors at 4185 South Robert Trail.
FACTS:
• The City is in receipt of applications for renewal of the above referenced premises
permits to allow continuation of charitable gambling and support of the Knights of
Columbus #7604 located at Starks Saloon and also Richard's Food & Liquors. The
applications have been reviewed by staff and the Police Department and are in order
for consideration by the City Council at this time.
ATTACHMENTS:
• Resolutions attached on pages through
• Applications enclosed without page number.
39
RESOLUTION
CITY OF EAGAN
PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS #7604
ON STARK'S SALOON PREMISES
WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at Stark's
Saloon, 3125 Dodd Road; and
WHEREAS, the Eagan Police Department has reviewed the renewal application and
has not identified any reason to deny; and
WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the
above location since July, 1994, with no reported problems;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approves the Knights of Columbus #7604 premise permit renewal
application at Stark's Saloon, 3125 Dodd Road.
Motion by: CITY OF EAGAN
CITY COUNCIL
Seconded by:
By:
Those in Favor: Its Mayor
Those Against: Attest:
Its Clerk
Dated:
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21st
day of March, 2000.
E. J. VanOverbeke, City Clerk
7v
RESOLUTION
CITY OF EAGAN
PREMISE PERMIT RENEWAL FOR KNIGHTS OF COLUMBUS #7604
ON RICHARD'S FOOD & LIQUOR PREMISES
WHEREAS, the Knights of Columbus #7604 conducts a pull tab operation at
Richard's Food & Liquor, 4185 South Robert Trail; and
WHEREAS, the Eagan Police Department has reviewed the renewal application and
has not identified any reason to deny; and
WHEREAS, the Knights of Columbus #7604 held a gambling premise permit at the
above location from May, 1988 to July 1989 and since April 1992, with no reported problems;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approves the Knights of Columbus #7604 premise permit renewal
application on Richard's Food & Liquor premises.
Motion by: CITY OF EAGAN
CITY COUNCIL
Seconded by:
By:
Those in Favor: Its Mayor
Those Against: Attest:
Its Clerk
Dated:
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21"
day of March, 2000.
E. J. VanOverbeke, City Clerk
9/
Agenda Information" Memo
March 21, 2000, Eagan City Council
M. FINAL PLAT (TYLER JAY ADDITION) - TYLER JAY COMPANY (JAY
CLARK)
ACTION TO BE CONSIDERED:
To approve a Final Plat (Tyler Jay Addition) consisting of one lot for property located at 1725
Meadow View Road, in the NE 1/4 of Section 8.
FACTS:
• The plat consolidates an unplatted parcel of land and a portion of Meadowview Road right-
of-way that has been vacated, and plats it into a single lot.
ATTACHMENTS:
Final Plat, page
C2.
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Agenda Information Memo
March 21, 2000
PUBLIC HEARINGS
A. PROJECT 788, TH 3, SOUTH OF DIFFLEY (GARDENS OF EAGAN)
UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: To approve/deny Project 788 (TH 3, South of Diffley Road/
Gardens of Eagan - Utility Improvements) and authorize the preparation of detailed final plans
and specifications.
FACTS:
• On November 20, city staff received a petition from Ralph Hanson, 4395 So. Robert Trail
(Parcel 010-06), Patricia Diffley, 4385 So. Robert Trail (Parcel 012-05), and C. E. Wachter,
4375 So. Robert Trail (Parcel 012-04), requesting the installation of sanitary sewer and water
main to their properties within the Northeast '/4 of Section 25.
• These properties are guided mixed residential in the City's Comprehensive Guide Plan.
• On December 6, the City Council directed staff to prepare a feasibility report addressing the
scope, cost, schedule and financing of the extension of new utility improvements to Parcel
010-06, Parcel 012-05, and Parcel 012-04, southwest of the intersection of Diffley Road and
TH 3.
• On February 15, 2000, the feasibility report for Project 788 was presented to the City Council
and a Public Hearing was scheduled for March 21 to formally present and discuss the report
with the neighborhood.
• An informational meeting was held on March 9 at 4:30 p.m. at City Hall. Of the 5 parcels
proposed to be assessed, 4 property owners representing 5 properties (80% of total notified)
attended the informational meeting. 2 property owners representing 2 properties affected by
the proposed construction, but not proposed to be assessed, also attended the meeting.
• All notices have been published in the legal newspaper and sent to all affected property
owners informing them of this public hearing.
ISSUES:
• On March 16, 2000, city staff received two letters from two of the three petitioners
withdrawing their petition for the installation of public sanitary sewer and water main.
ATTACHMENTS:
• Feasibility Report, pages throw h
• Project Information Summary, page
L
• Minutes From Informational Nei hborhood Meeting, pages through
• Letters from Petitions s, pages through
• Petition, page ~.l
City of Eagan
Report for
Highway 3 - Gardens of Eagan
Utility Improvements
City Project No. 788
Eagan, Minnesota
March, 2000
city of aagan
PATRICIA E. AWADA
Mayor
March 10, 2000 PAUL BAKKEN
BEA BLOMQUIST
PEGGY A. CARLSON
Honorable Mayor and City Council SANDRA A MASIN
City of Eagan Council members
3830 Pilot Knob Road THOMAS HEDGES
Eagan MN 55122 City Aaministrotor
E. J. VAN OVERBEKE
Re: Highway 3 - Gardens of Eagan City Clerk
Utility Improvements
Project No. 788
Dear Mayor and Council:
Attached is the feasibility report for the Highway 3- Gardens of Eagan Utility Improvements.
The proposed improvements are presented and discussed within the report, along with a detailed
cost estimate and a preliminary assessment roll.
City staff will be pleased to meet with the Council at your convenience to review and discuss the
contents of this report.
Sincerely,
John P. Gorder, P.E.
Development/Design Engineer
I hereby certify that this report was prepared
by me or under my direct supervision and
that I am a duly Registered Professional
Engineer under the laws of the State of
Minnesota.
a, -,4,/
' John P. Gorder
Reviewed by: Date: CD Reg. No. 2-26 1 3
epartment of Public Wor
Date: - / -
Reviewed by:
ance Department
Date: 3 yCD
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN. MINNESOTA 55122-1897 EAGAN. MINNESOTA 55122
PHONE: (651) 681-4600 PHONE' (651) 681-4300
FAX: (651) 681-4612 Equal Opportunity Employer FAX: (651) 681-4360
TDD: (651) 454-8535 www.cityofeagan.com TDD (651) 454-8535
HIGHWAY 3 - GARDENS OF EAGAN
UTILITY IMPROVEMENTS
EAGAN MN
PROJECT NO 788
Table of Contents
Letter of Transmittal ....................................................................................1
Table of Contents .........................................................................................2
Introduction ..................................................................................................3
Feasibility & Recommendation ...................................................................3
Discussion ....................................................................................................3
Easements & Permits ...................................................................................4
Cost Estimate ...............................................................................................4
Assessments .................................................................................................4
Revenue Sources ..........................................................................................5
Project Schedule ..........................................................................................5
Appendix A - Preliminary Cost Estimate ....................................................6
Appendix B - Preliminary Assessment Roll ...............................................6
Figure 1 - Location Map
Figure 2 -Utility Extension Improvements
Figure 3 - Easements
Photographs of Proposed Alignment
972
REPORT FOR
HIGHWAY 3 - GARDENS OF EAGAN
UTILITY IMPROVEMENTS
EAGAN MN
PROJECT NO 788
INTRODUCTION
Property owners of three unplatted parcels along Highway 3 have submitted a petition for
consideration of sanitary sewer and water main extensions to serve their properties. On
December 6, 1999, the City Council authorized the preparation of a report to outline the project.
The properties to be served by this project are located along the west side of Highway 3 between
Diffley Road and Cliff Road, east and south of the Autumn Ridge 3d Addition and include the
three petitioning parcels (Parcel No.'s 012-04, 012-05, and 010-06) as well as two other
unplatted parcels (010-09 and 024-30 - Gardens of Eagan). See Figure 1 at the back of this
report.
FEASIBILITY AND RECOMMENDATION
The project is necessary to provide City utility service to properties along Highway 3 as well as
utility service for possible future subdivision of the area.
The project is feasible from an engineering standpoint and is in accordance with the objectives
established in the City's Comprehensive Utility Plans.
The project is cost-effective in that it allows the unplatted properties to further develop to their
highest potential with City sanitary sewer and water main.
It is recommended that the utility improvements be constructed as proposed in this report in
combination with other similar utility projects in the City.
DISCUSSION
Sanitary Sewer
This project provides for the extension of an 8-inch diameter sanitary sewer currently stubbed to
the south right-of-wa~ line of Eastwood Court between Lot 2, Block 1 and Lot 13, Block 2,
Hawthorne Woods 3` Addition. It is proposed to extend the sanitary sewer eastward along the
property boundary between Parcel 010-09 (4355 Robert Trail - Highway 3) and Lot 13, Block 2
Hawthorne Woods 3d Addition (540 Eastwood Court), then southward along the west ditch line
of Highway 3, as shown on Figure 2. Photographs showing the proposed alignment are also
shown at the back of the report.
4/g
3
Water Main
This project provides for the extension of an 8-inch diameter water main stubbed to the south
edge of the common lot line between Lots 4 and 5, Block 1 Autumn Ridge 3`d Addition eastward
to serve Parcels 012-04, 012-05 and 010-06. (See Figure 2). Parcels 010-09 and 024-30 can be
served by the possible future extension of the existing 6-inch water main stub from Eastwood
Court
Services
Sanitary sewer and water services are proposed to be stubbed to the existing residential structures
on Parcels 012-04, 012-05 and 010-06. Sanitary sewer services only are proposed to be stubbed
to Parcel 010-09 and 024-30. The sanitary and water service sizes will be consistent with
residential properties. The location of the. sanitary sewer and water main outside of paved
surfaces will allow for future service connections in the event of subdivision of the affected
properties.
EASEMENTS AND PERMITS
Public drainage & utility easements across Parcels 010-09 and 012-05 will need to be obtained to
accommodate the utility extensions. Easement requirements are shown on Figure 3 and estimated
below:
Parcel 010-09 6,600 sq. ft. (Permanent easement - 220' x 30')
4,400 sq. ft. (Temporary easement - 220' x 20')
Parcel 012-05 4,500 sq. ft. (Permanent easement - 225' x 20')
4,500 sq. ft. (Temporary easement - 225' x 20')
Permits are required from the MN Pollution Control Agency, the Metropolitan Council -
Environmental Services (sanitary sewer), MN Department of Health (water main) and MN
Department of Transportation.
4
COST ESTIMATE
A detailed cost estimate for Project 788 is presented in Appendix A, and is summarized below.
The total estimated project cost is $134,220 which includes the estimated easement costs, 10%
for contingencies and 30% for indirect costs, which include administrative, engineering, interest,
and legal expenses.
Sanitary Sewer $85,300
Water Main $44,120
Services $4.800
Total $134,220
AFFECTED AREA
The following properties will be affected by the proposed construction:
Lot 13, Block 2 Hawthorne Woods 3rd Addition
Lot 2, Block 1 Hawthorne Woods 3rd Addition
Lot 4, Block 1 Autumn Ridge 3rd Addition
Lot 5, Block 1 Autumn Ridge 3d Addition
Parcel 010-09
Parcel 024-30
Parcel 012-04
Parcel 012-05
Parcel 010-06
5
ASSESSMENTS
Assessments are proposed to be levied against five properties. on an area basis in accordance with
Eagan's Special Assessment Policy and the increase in value based on the special benefit in
accordance with State Statutes. The estimated assessments associated with the improvements
will be revised based on final project costs. A preliminary assessment roll is included in
Appendix B located in the back of this report. The rate calculation and a summary of the
estimated assessments are shown below:
Area (acres)
Parcel 010-09 (4355 Robert Trail South) 0.74 (Sewer only)
Parcel 024-30 0.49 (Sewer only)
Parcel 012-04 (4375 Robert Trail South) 1.51 (Sewer & Water)
Parcel 012-05 (4385 Robert Trail South) 2.18 (Sewer & Water)
Parcel 010-06 (4395 Robert Trail South) 1.04 (Sewer & Water)
Total 5.96 (4.73 Sewer & Water)
Lateral Assessment
Water Main Assessment Rate = $44,120/ 4.73 Acres = $9,330/ Acre
Sanitary Sewer Assessment Rate = $85,300/ 5.96 Acres =$14,310/ Acre
Sanitary sewer and water main trunk charges are not proposed to be assessed under this project.
Trunk charges will be collected at time of utility connection for each property.
It is proposed to assess the properties the actual costs of the individual service lines to each
property.
REVENUE SOURCE
Property City
Project Cost Assessment Contribution
Sanitary Sewer $85,300 $85,300 -0-
Water Main $44,120 $44,120 -0-
Services $4.800 $4,800
Totals $134,220 $134,220 -0-
6
PROJECT SCHEDULE
Present Draft Feasibility Report/ Order Public Hearing February 15, 2000
Neighborhood Informational Meeting March 9, 2000
Public Hearing March 21, 2000
Approve Plans & Specifications April 18, 2000
Open Bids/Award Contract May 16, 2000
Project Completion July, 2000
Assessment Hearing September, 2000
First Payment Due with Real Estate Taxes Spring 2001
7
APPENDIX A
PRELIMINARY COST ESTIMATE
HIGHWAY 3 - GARDENS OF EAGAN
UTILITY IMPROVEMENTS
EAGAN MN
PROJECT NO 788
Part I. - Sanitary Sewer
Qiy~ 1hiji 1= Total
1 LS Mobilization @ $3,000/ LS $3,000
1 LS Traffic control @ $3,000/ LS 3,000
1 EA Connect to existing sewer @ $5001 EA 500
1 LS Clear & grub trees 5,000
1,150 LF 8" PVC, SDR 35 Sanitary sewer @ $22/LF 25,300
5 EA Standard manhole w/casting @ $1,700/EA 8,500
100 TN Driveway repair, Class 5, @ $10/ TN 1,000
5 EA Structure marker signs @ $40/ EA 200
0.5 AC Seed w/ mulch, fertilizer @ $3,000/ AC 1,500
1 LS Erosion control @ $2,000/ LS 2,000
1,000 SY Sod w/ topsoil @ $4/ SY 4.000
Subtotal $54,000
+ 10% Contingencies 5.400
Subtotal $59,400
+ 30% Indirect Cost 17.820
Subtotal $77,220
+ Easements 8.080
Total $85,300
Part II. - Water Main
St-V,. Unit 11M Total
550 LF 6" DIP, Cl. 52 Water Main @ $18/ LF $9,900
200 LF 8" DIP, Cl. 52 Water Main @ $20/LF $4,000
2 EA Hydrant @ $1,600/ EA 3,200
1 EA 6" GV and box @ $5001 EA 500
3 EA 8" GV and box @ $600/ EA 1,800
1 EA Connect to existing 8" w.m. @ $500/ EA 500
1,000 LB Fittings @ $2/ LB 2,000
0.5 AC Seed w/ mulch, fertilizer @ $1,500/AC 750
1,500 SY Sod w/ topsoil @ $4/ SY 6.000
Subtotal $28,650
+ 10% Contingencies 2,870
Subtotal $31,520
+ 30% Indirect Cost 9.460
Subtotal $40,980
+ Easements 3.140
Total $44,120
8
s-3
Part III. - Services
Q1y Unit m Total
5 EA 8" x 4" wye in place @ $100/ EA $500
120 LF 4" PVC service pipe $12/ LF 1,440
3 EA 1" Corporation stop @ $501 EA 150
3 EA 1" Curb stop @ $100/ EA 300
80 LF 1" Type K copper water service @ $12/ LF 9¢Q
Subtotal $3,350
+ 10% Contingencies 340
Subtotal $3,690
+ 30% Indirect Cost 1.110
Total $4,800
Total Estimated Project Cost = $134,220
9
s-y
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
HIGHWAY 3 - GARDENS OF EAGAN
UTILITY IMPROVEMENTS
PROJECT NO 788
Parcel I.D. Address Area Water Main Sanitary Sewer Services law
crest Assessment Assessment Assessment
10-03900-010-09 4355 Robert Trail S. 0.74 - $10,589 $ 555 $11,144
10-02500-024-30 - 0.49 - $ 7,012 $ 555 $ 7,567
10-02500-012-04 4375 Robert Trail S. 1.51 $14,088 $21,608 $1,230 $36,926
10-02500-012-05 4385 Robert Trail S. 2.18 $20,340 $31,196 $1,230 $52,766
10-02500-010-06 4395 Robert Trail S. 1.04 $ 9,703 $14,882 $1,230 $25,815
Totals 5.96 $44,120 $85,300 $4,800 $134,220
*Lateral Assessment Rate Calculations:
Water Main = $44,120 _ 4.73 Acres = $9,330 (Three properties - Parcels 012-04, 012-05, 010-06)
Sanitary Sewer = $85,300 = 5.96 Acres = $14,310 (Five properties)
*Service Assessments based on costs per individual service
10
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G:FEASIBILITY REPORTS '00 Hwy 3 gardens of Eagan
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City of Eagan CITY PROJECT NO. 788
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788 FIG2.DWG 3-9-00
-3 UTILITY IMPROVEMENTS
GV CITY PROJECT NO. 788 FIGURE 2
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0103POSED 3 UTILITY IMPROVEMENTS
CITY PROJECT NO. 788 FIGURE 3
City of Eagan UTILITY EASEMENTS
HIGHWAY 3 - GARDENS OF EAGAN
PROPOSED UTILITY IMPROVEMENTS
PROJECT 788
Preliminary Project Schedule
• November 20, `99 Petition Received Requesting Public Utilities Along Highway 3
• December 6, `99 City Council Authorizes Feasibility Report
• February 15, `00 Present Draft Feasibility Report to City Council/Order Public Hearing
• March 21, '00 Public Hearing - Council Orders Plans & Specs or Denies Project
• April 18, `00 Approve Plans & Specifications
• May, `00 Award Contract
• June, `00 Construction Begins
• July, '00 Construction Completed
• August 15, '00 Final Cost Report
• September, '00 Final Assessment Public Hearing
• . May 15, `01 1 S` Installment Payment Due With Real Estate Property Taxes
Preliminary Costs - Feasibility Report
• $85,300 Lateral Sanitary Sewer Improvements
• $44,120 Lateral Water Main Improvements
• $44,800 Sanitary Sewer & Water Main Service Stubs
• $134,220 Proposed Total Project Cost
• $134,220 (100%) Proposed Lateral Assessment to Property Owners
Proposed Special Assessments
• Proposed Assessment: $14,300 per Acre for Sanitary Sewer Lateral Assessment
$9,330 per Acre for Water Main Lateral Assessment
$555 per each Sanitary Sewer Service Stub Assessment
$675 per each Water Main Service Stub Assessment
$1,870 per Acre for Sanitary Sewer Trunk Assessment
$1,960 per Acre for Water Main Trunk Assessment
• Prepayment option with no interest available for 30 days after Assessment Hearing
• Any unpaid balance is certified to county to be collected with property taxes over 15 years
6C;L
HIGHWAY 3 - GARDENS OF EAGAN
UTILITY IMPROVEMENTS
CITY PROJECT NO. 788
INFORMATIONAL NEIGHBORHOOD MEETING
4:30 p.m., March 9, 2000
Attendance: John Gorder- Design/ Development Engineer, 6 people representing 5 properties. See
attached sign-in sheet
A. Welcome and Introduction
Design/ Development Engineer Gorder provided the attendees with a brief overview of the
project. He explained the public improvement process, the proposed project cost, assessments,
construction, and schedule. Gorder let the group know that Pat Diffley - property owner of Parcel
012-05 (4385 Robert Trail) - left a message with City staff that she is strongly opposed to the
project at the estimated costs and assessment. She was unable to attend the neighborhood meeting
but wanted her opinion made known to the group.
B. Questions/Comments:
1. Martin Diffley - property owner of Parcels 010-09 (4355 Robert Trail) and 024-30
(Gardens of Eagan) - mentioned that the house on Parcel 010-09 was already connected to
City sanitary sewer and that this project has no benefit to his property. He feels he should
not be assessed and that the utility alignment should no go through his property. There are
several large trees that would need to be removed.
2. Much discussion occurred regarding the possible extension of the sanitary sewer line
from Hackmore Court (Autumn Ridge 3,d Addition) instead of the alignment through
Martin Diffley's property (Eastwood Court). Gorder explained that the extension of that line
was researched by City staff and it was found to be at too high an elevation to completely serve
the entire areas of the petitioning properties (Parcels 012-04, 012-05 and 010-06). The line was
too high to serve to the existing basement on Parcel 012-04 (4375 Robert Trail) as well as a large
low area on Parcels 012-05 and 010-06. The sanitary sewer line at the north edge of Parcel 010-
09 is at a low enough elevation that, when extended, can serve all areas of the properties along
Highway 3.
3. Charles Wachter - property owner of Parcel 012-04 (4375 Robert Trail) said that when
Autumn Ridge Addition was being developed, he was promised by the developer, James
Development, that the sanitary sewer extension from Hackmore Court would be deep
enough to serve his existing house with a basement. My house has a deep basement. Some
assumptions may have been made regarding the depth of that sewer extension, including that the
basement was of standard depth. City staff will verify the elevation of this basement in relation to
the sanitary sewer stub.
4. Ralph and Deb Hanson - property owners of Parcel 010-06 (4395 Robert Trail) -
wondered if the developer of Autumn Ridge 3'd and/ or the City was responsible for not
providing adequate depth on the sanitary sewer from Hackmore Court. The sanitary sewer at
the north edge of Parcel 010-09 was designed to serve all of the property in question along
Highway 3, including their property. If the sanitary sewer is not extended from there under this
,~3
project, then it will be extended when the Gardens of Eagan property is further developed.
Because there is sanitary sewer of sufficient depth available, the City and the developer are not
responsible for not ensuring adequate depth on the Hackmore Court stub. The petitioners may
argue that point to the City Council.
5. The Hansons stated that they might be able to fill the low area on their property or
provide individual lift pumps on any housing they may build on the property in the future,
or a combination of both. This may allow the use of the sanitary sewer stub from Hackmore
Court. Can the City look further into the cost and feasibility of extending that line to serve
our .properties? Staff will estimate the cost and assessments with an extension of that line to
serve three properties (Parcels 012-04, 012-05 and 010-06). Again, extension of that line will not
provide service to low portions to the properties. Also, it is anticipated that the cost per property
of that alignment will be similar to that currently estimated. Staff will contact the petitioners with
the costs.
6. The Hansons wondered if the sanitary sewer line within St. Thomas Becket Church can
be accessed to serve their property. The sanitary sewer line with the Church property is a
private service line maintained by the Church. It is also 150 to 200 feet into the Church site from
Highway 3 and the City has no easements to access the line. Even if it is deep enough to serve the
Hansons' site, the City has no rights to access that line.
7. Is the cost presented the total cost for getting sewer and water service to my house? It is
the estimated cost to construct the public sanitary sewer and water main. It does not include
constructing the private portion of the individual service lines. A plumber hired by the individual
property owner would still need to connect to the existing houses.
The meeting adjourned at 5:45 p.m.
6
INFORMATIONAL NEIGHBORHOOD MEETING
GARDENS OF EAGAN
THURSDAY, MARCH 9,2000,4:30 P.M.
NAME ADDRESS
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G: FORMSIS I GN-I N. Sheet
6~
, b 2000
6 2000
RECEIVED MAR 1
city of aagan
March 1, 2000 PATRICIA E. AWADA
Mayor
PAUL BAKKEN
Re: Project 788, Highway 3, Gardens of Eagan - Utility Improvements BEA BLOMQUIST
PEGGY A. CARLSON
SANDRA A. MASIN
Dear Property Owner: Council Members
Utility Improvements Petitioned by Property Owners along Highway 3 THOMAS HEDGES
City Administrator
Three property owners along Highway 3, south of Diffley Road, have petitioned the extensio~ df' OVERBEKE
ty lerk
public sanitary sewer and water main to serve their properties. On December 6, 1999, the City ouncil
d .rectcd staff to prepare a f asihility report regarding the extension of the public utilities.
Public Hearing Scheduled- Tuesday. March 21. 2000
On February 15, 2000, the City Council received the feasibility report from staff and scheduled a formal
public hearing to be held on March 21. A formal Notice of Public Hearing is enclosed. The cost
indicated on the notice is an estimate of the total cost of improvements, if a project were to be
constructed. Special assessments are being proposed for all benefiting properties. At the public hearing
City staff will formally present the proposed scope, financing, and schedule for constructing any
improvements. A summary of this information.is enclosed.
Informational Neighborhood Meeting - 4:30 P.M.. Thursday. March 9. 2000
The City's Engineering division is scheduling a meeting to discuss the improvement potentials of
extending sanitary sewer and water to properties along Highway 3 between Diffley Road and Cliff Road
and to listen to your concerns and interests. The meeting is scheduled for 4:30 p.m., Thursday, March
9, in Conference Rooms 1A and 1B at City Hall. Comments from this neighborhood meeting will be
forwarded to the City Council to be considered along with any public input received at the public hearing
on March 21. Auxiliary aids, such as sign language interpreters, will be provided upon advance request
of at least 96 hours. The City will attempt to provide such aid with less notice.
Thank you for your interest. Staff is looking forward to meeting you on March 9. If you are unable to
attend this meeting, we will be happy to share your neighbor's comments and address your concerns.
Sincerely,
'John Gorder, P.E.
Design/ Development Engineer
Enclosure: Public Hearing Notice & Information Sheet
Cc: Mayor and City Council c/o Thomas L. Hedges, City Administrator
Thomas Colbert, Public Works Director
Russ Matthys, City Engineer
6 G: RM/00/Letters/Proj.788-NHMtg.
MUNICIPAL CENTER MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE LONE OAK TREE
EAGAN. MINNESOTA 55122-1897 THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (651) 681-4600 PHONE. (651) 681-4300
FAX: (651) 681-4612 Equal Opportunity Employer FAX: (651) 681.4360
TDO (651) 454-8535 www.cityofeagan.com TDO (651) 454-8535
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460 3467
NOV-20-99 SAT 12:48 PM RALPH HANSON.CONST 460 3467 P.03
FOR CITY USE ONLY
Petition # 7 g S _
Date Received z p -94
Presented to Council /2 - CP- 99'
PETITION
pjo~ 0~1
LOCATION/SUBDIVISION ~(~rv 010-010
I/We, the undersigned, owners of the real property adjacent to &I,Jh -F(c oD Ty ( 43_(Street)
or within Subdivision,
hereby petition for:
Street Improvements
Sanitary Sewer >/1 -
Water Supply (Check requested items and
please enclose sketch of
Storm Sewer requested improvements)
Streetlights r3`q Q-i-rj.
Other (Explain)
I/We understand that this petition does not in itself request the installation of these improvements, but
rather, request the preparation of a feasibility report in which the estimated costs of these improvements
will be tabulated. I/We understand that upon receipt of this petition and the preparation of the
requested feasibility report, a public hearing will be held at which time we may voice our support or
opposition based on the costs as prepared in said feasibility report.
Signature of Land Owner Address of Property
1.
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Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
k)LD BUSINESS
A. CLARIFICATION OF SIGN PLAN:: MVTA
ACTION TO BE CONSIDERED:
? To clarify the allowable signage for the proposed MVTA transit station and
commercial retail uses located at the southeast intersection of Yankee Doodle and
Pilot Knob Roads in the northwest'/4 of Section 15.
FACTS:
? At their regular meeting of September 7, 1999, the City Council took action on a
Comprehensive Guide Plan Amendment and a Final Planned Development approving
a mixed-use (transit facility/retail commercial) development on 4.5 acres.
? The approved parking ramp east elevation included undefined signage. Staff assumed
the signage was intended to identify the transit station while the MVTA intended the
signage to be dedicated to future commercial uses of the site.
? This item was continued at the regular Council meeting of March 6, 2000.
Discussion primarily revolved around conditions of approval that related to amenities
to be provided on the site including lighting, fencing, and the inclusion of a clock
tower.
ISSUES:
? The requested commercial signage represents a deviation from standard Sign
Ordinance requirements in that the commercial signage would be located on the
parking structure and not the commercial building. The Council has the ability to
allow the signage as part of the Planned Development.
? Staff has reviewed Council minutes and the contents of the MVTA development file
and have been unable to document the requirement that the MVTA provide a clock
tower as part of this mixed-use development. However, the MVTA has provided a
clock tower element with signage on a stair tower located at the northwest corner of
the site.
ATTACHMENTS: (2)
• September 7, 1999 Council minutes, page 2 through 73 .
• March 13, 2000 MVTA correspondence, page through
EAGAN CITY COUNCIL MINUTES; SEPTEMBER 7,1999
COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - MVTA
City Administrator Hedges provided an overview on this item.
Jim Lasher, representing the MVTA, discussed the two proposed plans for the site and
added that there will not be any negative impacts on traffic.
Al Baker, owner of Al Baker's Restaurant, stated that he understands the need for mass
transit but said that this site is not appropriate for a park and ride. He expressed concerns with
the impact on the visibility of his restaurant. He cited situations where he believes lack of
visibility led to the demise of restaurants in the City. He also expressed concern about the impact
of the additional traffic and said that the MVTA should be required to conduct a traffic study. He
suggested that the request be continued for further study or be denied.
Councilmember Masin said that as she drove westerly down Yankee Doodle Road
toward Al Baker's Restaurant she was unable to see the restaurant until she was at the stop light
at the park and ride entrance.
Bill Baell, representing SuperAmerica, echoed the concerns expressed by Mr. Baker.
Cindy Johnson, President of the Northern Dakota County Chamber of Commerce, stated
that area businesses support the need for mass transit. She expressed their concern about the
location of the park and ride and said comments were received that indicated there needs to be
more study about the impacts on businesses and traffic.
Councilmember Blomquist questioned if the height of the structure could be reduced.
Mr. Lasher responded that the MVTA is attempting to proceed with a grant application and that
reducing the number of cars the site can accommodate will result in the loss of funding.
Councilmember Carlson mentioned that a condition stipulating that no liquor may be
sold on the site should be added. Mayor Awada noted that additional conditions were being
included which addressed monument signs, a traffic impact analysis and traffic mitigation
measures.
Discussion occurred regarding the potential for full access off Yankee Doodle Road.
Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a
Comprehensive Guide Plan Amendment that would establish a CA, Central Area Land Use
Guide Plan designation upon 4.5 acres of existing I-35E right-of-way located south of Yankee
Doodle Road and between Pilot Knob Road and I-35E in the northwest 1/4 of Section 15. Aye: 5
Nay: 0
Councilmember Masin moved, Councilmember Bakken seconded a motion to approve a
Final Planned Development (rezoning from undesignated to PD, Planned Development) to allow
the establishment of a mixed use, retail and transit facility upon 4.5 acres of existing I-35E right-
of-way located south of Yankee Doodle Road and between Pilot Knob Road and I-35E in the
northwest 1/4 of Section 15 subject to the following conditions:
'73
1. The Metropolitan Council shall approve and the City Council shall implement
the requested Comprehensive Guide Plan Amendment.
2. The subject property shall be platted.
3. Prior to development activity occurring on site, the applicant and/or developer
shall enter into a Planned Development Agreement with the City.
4. The following exhibits shall be required for the Final Planned Development
Agreement.
Final Site Plan
Final Landscape Plan
Final Building Elevations and Signage Plan
Lighting Plan
5. The City finds the proposed zero lot line setback (for the off-street parking area)
from Pilot Knob Road to be acceptable. If determined to be acceptable, the
following conditions shall apply:
A. The applicant shall provide proof to the City that the County is agreeable
to the placement of landscaping and fencing within their right-of-way.
B. Prior to final plat approval, the MVTA shall provide a screening plan
that responds to the possibility of County road improvements necessitating the
removal of screen plantings.
6. A zero lot line is an acceptable parking deck setback from I-35E right-of-way.
7. The 68 parking stalls as proposed is sufficient to satisfy the parking requirement
for the retail space.
8. All retail parking spaces shall be signed and reserved for use by retail patrons.
9. All mechanical equipment (rooftop of ground mounted) shall be screened from
view of public rights-of-way.
10. All City Sign Code requirements shall be met.
11. All site lighting shall be hooded to deflect light away from adjacent properties
and public rights-of-way.
12. The MVTA shall be responsible for the extension of sanitary sewer across Pilot
Knob Road (County Road No. 31) to serve the proposed retail buildings on the
site. The MVTA shall be responsible for obtaining the necessary permit
approvals from Dakota County for this construction.
13. The MVTA shall include the parking area encroachment within the proposed
plat.
14. The MVTA shall be responsible for the acquisition of all regulatory agency
permits required by the affected agency prior to building and grading permit
approvals.
15. The applicant shall pay a cash dedication of $17,500 in satisfaction of the City's
water quality requirements.
16. The area of the subject devoted to retail uses (buildings and supportive parking)
shall be subject to a cash parkland dedication of $3,376 per net acre and a cash
trailway dedication of $920 per net acre.
17. That the uses of the proposed retail area be convenience uses for the park & ride
user and not destination oriented.
18. The following uses will be prohibited.
Any establishment requiring a liquor license
Department stores
Junior department stores
Hardware
Theater
Small vehicle or boat sales
Amusement rooms
Health and sports clubs
Garden store
Motel or hotel
Multiple dwelling complex
Public utility tower
19. Entrance signs will be monument signs as described in the City Code.
20. The MVTA will be responsible for a traffic impact analysis on the adjacent
roadway network for the expansion of the Yankee/Pilot Knob MVTA Park &
Ride.
21. The MVTA will be responsible for any and all modifications needed to mitigate
any adverse traffic impacts due to the expansion of the Yankee/Pilot Knob
MVTA Park & Ride.
Aye: 4 Nay: 1 (Councilmember Carlson opposed)
Councilmember Bakken said that, at a future Council work session, the Council could
discuss pylon signage for Al Baker's and SuperAmerica in an effort to mitigate visibility impacts.
Mr. Baell requested that future notifications of public meetings be sent to the business address
and also to the property owner.
9s
Minnesota Valley Transit Authority
100 East Highway 13 • Burnsville, MN 55337
Ph. (612) 882-7500 • Fax (612) 882-7600 • E-mail: mvta@mvta.com
To City of Eagan Mayor and Council 1'--
From: Beverley Miller, Minnesota Valley Transit
JoAnne Olson, LSA Design - Zb00
Subject: MVTA Sign Plan
Date: March 13, 2000
The Minnesota Valley Transit Authority (MVTA) is in the final stage of approval on the
TEA-21 CMAQ grant application for the Eagan Transit Station. We expect approval
from the Metropolitan Council within the next 45 days. The purpose of this memo is to
provide additional information to the Mayor and City Council on our plans for the
project. Our funding application included the following elements:
• 548 Parking Stalls on a 2 level Precast Concrete Parking Structure
• Elevator Circulation System
• Lighting System
• Passenger Waiting Station (1000 S.F. fully enclosed with HVAC system
and camera monitoring)
• Passenger Waiting Plaza with Pedestrian Amenities (benches, waste
receptacles, signage)
• Monument Signage
• Bicycle Facilities (lockers and racks)
Assuming regional approval, funding for the project is to be provided by the Metropolitan
Council Regional Bond sale (20%) and TEA-21 Federal Participation (80%). The
Minnesota Department of Transportation would be acting as the fiscal agent for the
federal funding and the Metro Council for the regional share. This is the same process
that we have used on similar projects such as the Burnsville Transit Station. As a
condition of approval, MVTA must remain within the confines of the grant agreements.
At the September 7, 1999 City Council meeting, the Eagan Station PD was approved. As
part of the discussion, Mayor Awada noted that additional conditions were being
included which addressed monument signs, a traffic impact analysis and traffic mitigation
measures. The official motion listed 21 conditions of approval. Condition #19 stated that
entrance signs will be monument signs as described in the City Code. Conditions # 20
and #21 required the traffic impact analysis and traffic mitigation as mentioned by Mayor
Awada.
Public transportation for Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage
Upon final design of the site, the MVTA followed all conditions of approval, including
conditions # 19 through #21 (Mayor Awada's added conditions). A monument sign is
being provided at the corner of Yankee Doodle Road and Pilot Knob Road, which meets
the City Code requirements. A "clock tower" was not part of the conditions and was not
included in the design or in the budget.
The MVTA is providing a design, which locates two clock faces and signage on a stair
tower located at the northwest corner of the site. This alternative can be provided within
the proposed budget and will not require an amendment to the funding request. The
MVTA can provide the City with a design for a separate clock tower, but the cost will be
close to $100,000 and additional funding must be provided.
It is our understanding that the City of Eagan wants to see this project developed
recognizing the characteristics of the Pilot Knob / Yankee Doodle area. We will strive to
accomplish this result. For example, the ornamental fencing on our site will match the
fence on the bridge over I-35E. Our landscaping and development plans will remove the
"sea of parking" syndrome typical of many strip retail commercial projects.
To keep the project on track, MVTA is requesting approval for four parking deck signs,
located on the east side of the parking deck. Additionally, we are also requesting
approval of the identification signage on all four sides of the Eagan Transit Station.
Thank you for your consideration.
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Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
B. SOLID WASTE ABATEMENT COMMISSION NAME CHANGE
ACTION TO BE CONSIDERED:
To approve, deny or modify the name change of the Solid Waste Abatement Commission
to the Waste Reduction Advisory Commission.
FACTS:
• At the February 17 Solid Waste Abatement Commission meeting, an agenda item to
consider a name change for the commission was discussed, as directed by the City
Council. The Commission is recommending "Waste Reduction Advisory
Commission" as the new name. The Commissioners would be open to adding the
word "Recycling", to the name (Recycling and Waste Reduction Advisory
Commission), but prefer the abbreviated name of "Waste Reduction Advisory
Commission."
• The Commission's intent was to choose a name that reflects its primary priority, which
has shifted in recent years to become more focused on overall waste reduction as
opposed to recycling, specifically.
• The Council may choose to approve the name as recommended, to modify it adding
the word recycling or approve a new name.
29
Agenda Information Memo
April 4, 2000 Eagan City Council Meeting
C. ECONOMIC DEVELOPMENT COMMISSION,
CONSIDERATION OF HOTEL STUDY
ACTION TO BE CONSIDERED:
To give direction to the Eagan Economic Development Commission regarding further
study of the Eagan hotel industry.
FACTS:
• At its meeting of February 1, 2000, the City Council approved a new Comfort Inn on
Highway 55. During consideration of the item, several council members expressed
concern regarding the growth and health of the hotel industry in the community. It
was suggested that the Eagan Economic Development Commission and the Eagan
Convention and Visitors Bureau should review the hotel development trends and
report back to the City Council.
• The Economic Development Commission was informed of the City Council's
discussion at its meeting on February 28, 2000. Chair Julie Stackhouse assigned a
sub-committee to review the issue. The sub-committee met with CVB Executive
Director Ann Carlon on March 7 to discuss market trends, occupancy rates, average
daily rates, future growth potential and related issues.
• EDC Chair Stackhouse and CVB Executive Director Carlon will be present at the City
Council meeting to discuss the sub-committee's initial findings. A summary memo
title "Eagan Hotel Needs" from Chair Stackhouse and a four-year comparison of hotel
tax receipts from the CVB is included in the packet for City Council review.
ATTACHMENTS:
• "Eagan Hotel Needs" memo from Chair Stackhouse and a summary of hotel tax
receipts are included on pages through
10
EAGAN HOTEL NEEDS
Background Information and Discussion Points for the Eagan City Council
BACKGROUND
• In 1997, the Eagan Convention and Visitors Bureau commissioned Compass
International to conduct a survey of Eagan hotel needs. The objective of the study
was as follows:
To evaluate the current and future demand for hotel space in the Eagan area
market, including an assessment of market segmentation and optimization of the
mix in hotel type and configuration to meet requirements over the next five years.
Included•in the study was an evaluation of the sources of lodging demand for
the Eagan market. Sources included:
- local corporate visitors 38%
- Mall of America visitors 28%
- greater metro corporate 13%
- airport travelers 9%
- conference visitors 8%
- sports 6%
- other 5%
• The report was issued in August 1997. In its "Recommendations and Conclusions"
section, the report noted:
While it is beyond the scope of city responsibilities to dictate the type of
development which is allowed in any given market, it is also clear that prudent
planning will be required to assure the critically important viability of the Eagan
lodging industry. An unhealthy lodging industry can become a serious problem
for a community in attracting the wrong kind of travelers and undermining the
attractiveness of the community for further private investment. It seems clear that
Eagan should continue to fuel the type of commercial development which brings
with it demand for lodging, but at the same time should require developers to
indicate that they have been prudent in their planning and in their development
expectations.
• The report also made the following recommendations:
- Eagan should consider developing a planned policy of hotel growth based on
a sustained occupancy rate of 70 - 75%.
- Several of the businesses surveyed (30%) felt that improvements need to be
made to the existing hotels and expansion of the types of accommodations
available. Additional services need to be added such as transportation to and
from company offices, facilitate booking and billing procedures, and increase
the variety of amenities currently offered.
• Finally, the study contained factors that could be considered when evaluating new
hotel proposals. The factors included:
- overall occupancy rate of current hotels over a period of two to three years.
Experts vary on what percent would indicate a need for more hotels, but a 70
- 75% range is standard.
- the types of hotels in a given area and the community's need
- the economic growth in the area to determine if new business are being
proposed or new attractions of national or international significance in the
near future
EVENTS WHICH HAVE OCCURRED SINCE THE STUDY
• In 1996, Eagan offered six hotels with 674 rooms. From 1997 - 1999, the City added
six hotels with 625 new rooms. (Attachment 1) During the same timeframe,
Bloomington added over 1,000 hotel rooms.
Even though the number of hotel rooms nearly doubled in three years, the pace is
continuing. Two additional hotels opened in early 2000 and three more will open in
2001. These five additions will increase the room total by 508 to 1807 rooms.
• Eagan hotel occupancy rates show a significant and sustained year-over-year decline
beginning in January 1999 (Attachment 1). Average occupancy in 1999 dropped to
75.1 percent from 79.6 percent in 1998 and 77.4 percent in 1997. Eagan's January
and February 2000 occupancy rates of 62.2 and 61.5 percent, respectively, are the
lowest rates in the last 6 years. The decline in the ratio occurred prior to the opening
of two new hotels in early 2000 and three hotels scheduled for in 2001.
• The average daily rate ("ADR") charged by hotels in Eagan has softened. The
average daily rate in fiscal 1999 was $72.82, as compared to a peak of $75.05 in 1998
and $74.75 in 1997. (As a comparison, the ADR for hotels nationwide in 1999 was
$82.59 with an occupancy rate of 63.4 percent).
• For the first time, year-to-year monthly hotel tax receipts in December 1999 declined.
(Attachment 2). Data for January is not yet available.
• Industry-wide, the hotel industry is showing signs of saturation. The Twin Cities
Hotel Report (2nd quarter 1999) states that "During the second quarter of 1999, the
Twin Cities hotel market experienced a decline in year-to-year occupancy of 70.0
percent, down 5.0 points from the same period a year ago". The publication
forecasts a continued decline in market occupancy. Nationwide, occupancy rates
dropped nearly 2% in 1999. (Source: Business Travel News)
• Hotel construction activity does not show clear signs of slowing. The trade
publication Hospitality and Hotels finds that financing is not a barrier to new
construction, and suggests that development will not be significantly constrained for
any period of time (November 1999).
?C;L
• The continued strong economy in Minnesota and nation-wide has clearly been a boon
to the hospitality industry in recent years and contributed substantially to past strong
occupancy rates. Nationally, domestic and international visitors spent over $495
billion in the United States in 1998, not including airfares to the United States. This
amount was up 48 percent from 1990. In response, the hotel industry added 6,600
hotels and 650,000 new rooms over the last decade. The gains in room supply
exceeded the gains in room demand. (Source: Travel Industry of America,
December 1999)
• Just as the economy has been the travel industry's best friend in the last decade, the
economy could be the industry's most immediate threat if there were a turn. Rooms
purchased by both tourists and corporate customers would be impacted. Also
affecting the outlook for the local hospitality industry is the recent increase in
gasoline prices and Eagan's slower commercial and industrial development pace, as
the community moves into a more fully-developed position.
• Consequences of an "over-built" hotel market affect the entire community.
Historically, once hotel occupancy rates drop below 60 percent, properties suffer
from downgraded levels of service and lack of maintenance. Properties may lower
average daily rates in an attempt to maintain occupancy levels. The new, lower rate
may attract undesirable customers.
DIRECTION FROM CITY COUNCIL
With this background, the Economic Development Commission and Convention and
Visitors Bureau request direction on the areas the Council desires further study. Options
for a study might include:
• Conduct a comprehensive study as was done in 1997. The time frame to complete the
1997 was 6 months. The study could include some or all of the following areas:
- Examine in depth the economic growth in the area to determine if there are new
businesses or attractions being proposed that might generate the need for an
increase in hotel rooms in the future.
- Examine the facility and service needs of major market sectors, and determine
what needs are not met.
- Make recommendations that might limit the type, timing, or number of new hotels
in the community.
• Make no recommendations that might limit new hotel additions, but recommend
threshold quality standards for new hotel proposals.
• Conduct a study focused in another direction as desired by the City Council.
g3
Attachment 2
MONTH TAX RECEIPTS CHANGE MONTH TAX RECEIPTS CHANGE
January 96 21,286.78 +$1,937 July 96 38,348.58 +$4,989
January 97 25,797.74 +4,511 July 97 47,221.44 +$8,873
January 98 38,440.05 +12,642 July 98 60,671.24 +$13,450
January 99 40,224.20 +$1,784 July 99 64,880.95 +$4,210
February 96 22,997.33 +$1,849 August 96 39,954.63 +$6,395
February 97 28,683.56 +$5,686 August 97 50,472.69 +10,518
February 98 37,669.20 +$9,046 August98 64,972.56 +$14,500
February 99 44,212.12 +$6,543 August 99 65,942.69 +$970
March 96 29,901.86 +$5,044 Sept. 96 $33,464.65 +$1,932
March 97 31,890.44 +$1,989* Sept. 97 $40,888.81 +$7,424
March 98 44,007.65 +$12,117 Sept. 98 $49,134.39 +$8,245
March 99 52,348.25 +$8,341 Sept. 99 $57,155.82 +$8,021
April 96 28,903.97 +$6,709 October 96 33 833.17 +$5,122
April 97 35,783.01 +$6,879 October 97 44,742.82 +10,910
April 98 44,704.53 +$8,922 October 98 49,567.34 +$4,824
April 99 50,350.81 +$5,646 October 1999 57,317.12 +$7,749
May 96 29,403.06 +$7,173 November 96 29,938.82 +6,456
May 97 35,839.84 +$6,437 November 97 35,522.74 +5,584
May 98 47,022.05 +$11,182 November 98 43,665.62 +$8,143
May 99 47,763.52 +$741 November 99 44,558.00 +$892
June 96 36,563.99 +$6,217 December 96 25,479.90 +$1,684
June 97 46,366.58 +$9,803 December 97 30,168.68 +$4,689
June 98 60,270.25 +$13,903 December 98 37,147.26 +6,979
June 99 58,199.55 - 2,071 December 99 37,143.48 - $4
Agenda Information Memo
March 21, 2000, Eagan City Council
IX. NEW BUSINESS
A. PRELIMINARY SUBDIVISION (EFFRESS 2ND ADDITION) AND
PRELIMINARY PLANNED DEVELOPMENT - GLEN POND
APARTMENTS/LARRY WENZEL
ACTION TO BE CONSIDERED:
A. To approve a Preliminary Subdivision (Effress 2nd Addition) to create four lots on approximately
24.6 acres located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW '/4
of Section 10, subject to the conditions listed in the APC minutes and as identified under Issues
below.
B. To approve a Preliminary Planned Development for proposed Lot 2, Block 1 for development of
four apartment buildings totaling 228 units, and for Lot 1, Block 2 for future development of Limited
Business uses, subject to the conditions listed in the APC minutes.
FACTS:
• Larry Wenzel, representing Glen Pond Apartments, has submitted a development proposal for
expansion of the Glen Pond Apartment complex.
• In May of 1999, the applicant submitted a similar proposal to add to the Glen Pond Apartment
complex. At that time the plans were lacking substantial information, most significantly, the plans
did not accommodate the future extension of Northwood Parkway across I-35E to Pilot Knob Road
as identified in the Ring Road Concept Plan adopted by the City Council in 1994. Because of this
and other deficiencies in the plans, that development application ultimately was denied by the City
Council.
• Since that time, City staff has been working with Mr. Wenzel to accommodate both the City's right-
of-way and Mr. Wenzel's apartment development. Although still in negotiation, at present the
parties have agreed in principle to a plan whereby Mr. Wenzel would receive land to the east of his
existing parcel consisting of Marice Drive (which would be vacated) as well as excess MnDOT right-
of-way land between Marice Drive and I-35E, and the City would receive the necessary right-of-way
for the future Ring Road through the site. The development plans reflect this land agreement, and
include greater detail than the previous proposal.
• The current proposal involves a Preliminary Subdivision and a Preliminary Planned Development.
Lot 1, Block 1 contains an existing apartment building and the Glen Pond community building. The
four new apartment buildings are proposed for Lot 2, Block 1. The gross density of the proposed
apartment development is 18.68 units per acre (includes credit for underground garages); the net
density is 16.24 units per acre and is calculated based on the areas as shown in the staff report
exhibits, including credits for ponding and underground garages.
• There are no development plans at this time for Lot 1, Block 2, or Lot 1, Block 3, which are both
"remnant" parcels resulting from the alignment of Northwood Parkway through the site.
• The Preliminary PD encompasses Lot 2, Block 1 and Lot 1, Block 2. Lot 1, Block I is proposed to
be developed with four apartment buildings; Lot 1, Block 2 will be specified for Limited Business
uses and subject to performance standards for the Limited Business zoning district. Limited
Business development for this parcel is consistent with the zoning of the property to the south across
Marice Drive. Lot 1, Block 1 and Lot 1, Block 3 would have no change to the present zonings of R-4
and Neighborhood Business, respectively.
• The specifics of the evaluation of the development proposal are in the staff report prepared for the
Advisory Planning Commission's public hearing, which was held on February 22, 2000. The APC
recommended approval of both the Preliminary Subdivision and Preliminary Planned Development.
• The Advisory Parks and Recreation Commission will review this development proposal at its regular
meeting on March 20, 2000, and the Council will be advised of the APrC's recommendations at the
Council meeting.
ISSUES:
• The successful development and Final Subdivision approval of this proposal is dependent upon the
vacation of a portion of Marice and High Site Drives. The City has not yet held the required public
hearing to determine the merits of this vacation. Therefore, condition #6 of Preliminary Subdivision
approval should be revised to read as follows:
"The City Council has not yet determined the public interest of vacating a portion of Marice
Drive and High Site Drive. Therefore, a public hearing must be held and the proposed public
rights-of-way must be vacated prior to final subdivision approval. "
• The Final Subdivision approval will incorporate land currently owned by MnDOT. Therefore, new
condition #10 of Preliminary Subdivision approval should be added to read as follows:
"The applicant shall acquire fee title to all land in the development proposal, including the
land currently owned by MnDOT, prior to Final Subdivision approval."
• The developer has submitted tree mitigation and landscape plans, and tree mitigation is supposed to
be provided in addition to required landscaping. While the overall planting plan provides a fully
planted site, the landscape plan does not meet landscape requirements independent of the mitigation
plan and both plans will need to be revised accordingly.
• The APC's comments with regard to the Preliminary PD included that the building exteriors utilize
more brick, stucco, EIFS, or similar materials and less vinyl siding (condition #8 of the Preliminary
PD in the APC minutes). The APC also indicated that the development should make a trail
connection to the trail along Pilot Knob Road (condition #9 of the Preliminary Subdivision in the
APC minutes). The APC also added a condition to the Preliminary PD that the final development
plans for Lot 1, Block 2 be presented to the APC since there are none for that lot at this time
(condition #15 of the Preliminary PD in the APC minutes).
ATTACHMENTS:
February 22, 2000, APC Minutes, pages -"through
Staff Report, pages through
00
Page 2
February 22, 2000
ADVISORY PLANNING COMMISSION PUBLIC HEARINGS
REZONING AND PRELIMINARY SUBDIVISION
GLEN POND APARTMENTS
Chair Heyl opened the first public hearing of the evening regarding a Rezoning from R-4
(Residential Multiple) and Neighborhood Business to Planned Development for four apartment
buildings totaling 228 units and to Limited Business for future development; and a Preliminary
Subdivision (Effress 2"d Addition) of 24.6 acres to create four lots, located east of Pilot Knob
Road between High-Site Drive and Marice Drive in the SW'/< of Section 10.
Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented
in City staff's planning report dated February 18, 2000. Ms. Dudziak noted the background and
history, the surrounding uses and the existing conditions of the subject property. Ms. Dudziak
noted that the applicant had agreed to include proposed Lot 1, Block 2 as part of the preliminary
planned development zoning so as to accommodate the transfer of density.
The representative of the applicant addressed the APC. The applicant responded to issues
raised within the planning report, noting particularly the design of the building, landscape
mitigation, recreational space and site lighting. The applicant stated that the proposal was an
extension of Glen Pond's One apartment project though the design of the buildings were different.
In response to a question from the Chair, the applicant stated that the community rooms
and pool located in Glen Pond's One would be available to the residents of the proposed project.
Discussion ensued as to whether the pool size would accommodate the increased number of
potential users. Further discussion centered around the need for a trail connection from the
project to Pilot Knob Road which would include development through Phase I.
The applicant stated that there were no definite plans for the development of Lot 1, Block
2, but that its potential would be for a limited business type use. Chair Heyl asked the applicant
what benefit would the City derive from the planned development zoning. The applicant stated
that there would be an increase to the tax base and otherwise the project closely met the
requirements of the multi-family zoning district.
Member Nosbush expressed his belief that the project should mirror the style and type of
buildings located in Glen Pond One to include all brick. Member Nosbush also expressed his
concern regarding the visibility of the buildings from I-35E and thought vinyl siding would be
unattractive. The applicant stated that the brick element was a function of cost.
Discussion ensued between the APC and the applicant with respect to the availability and
usability of the recreational area located on the site and how the residents could make use of
existing City parks and trails.
Carl Olson, a neighboring property owner, expressed his disapproval of the proposal and
noted that it would have an adverse impact on his property. Mr. Olson stated that he is concerned
Page 3
February 22, 2000
ADVISORY PLANNING COMMISSION
with the possibility of closing Marice Drive and that he has learned that the loss of access to his
property from Marice Drive would diminish the ability to fully develop his land.
Chair Heyl closed the public hearing.
In response to a question from the APC, City Engineer Matthys described the future
access to Pilot Knob Road in connection with the ultimate development of Northwood Parkway.
Mr. Matthys indicated that a signal would be placed at the intersection of Northwood Parkway
and Pilot Knob Road and that High Site Drive would be realigned at its intersection with
Northwood Parkway.
Chair Heyl stated that she liked the design of the project and was concerned about
adequate access to recreational areas. She expressed her concern about the benefit to the City in
the use of a planned development and stated that she preferred that the required setbacks be met.
Members Steininger and Nosbush indicated their acceptance of the proposal but each noted that
they would like Phase II to match Phase I and include use of brick. Member They stated that
there should be additional berming along I-35E.
Member Steininger moved, Member Tilley seconded, a motion to recommend approval of
a Rezoning from R-4 (Residential Multiple) and Neighborhood Business to Planned Development
for four apartment buildings totaling 228 units and to Limited Business for future development for
property located east of Pilot Knob Road between High-Site Drive and Marice Drive in the SW'/4
of Section 10, subject to the following amended conditions:
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993: B1, B2, B3, B4, C1, C2, C3, C4, D1, and El.
Plattin
2. The property shall be platted.
Water Quality
3. This development shall meet its water quality requirements through creation of
treatment ponding. A minimum wet-pond volume of 1.25 acre-feet over an area of 0.53 acres
should be provided to treat the storm water generated by this development. The specific details
of the location and design of the water quality pond shall be according to the recommendation of
the Advisory Parks Commission.
Easements/Ri ghts-of-W ay/Permit s
4. The developer shall be responsible for the acquisition of all regulatory agency
permits required by the affected agency prior to final plat approval.
Page 4
February 22, 2000 -
ADVISORY PLANNING COMMISSION _
5. The developer shall dedicate public right-of-way for future Northwood Parkway,
as shown on the preliminary plat.
6. The Marice Drive and High Site Drive right-of-way within Lot 2, Block 1 shall be
vacated prior to final subdivision approval for this development.
Tree Preservation
7. The applicant shall comply with the City's Tree Preservation Ordinance
requirements and provide tree mitigation as recommended by the APrC. A final Tree
Preservation Plan demonstrating compliance with the ordinance requirements shall be required
prior to Final Subdivision approval.
Parks and Recreation
8. Park and trail dedication requirements shall be fulfilled as recommended by the
APrC.
9. Trail access be provided from the development to Pilot Knob Road.
All voted in favor (Member Huusko abstained).
Member Steininger moved, Member Tilley seconded, a motion to recommend approval of
a Preliminary Subdivision (Effress 2"d Addition) of 24.6 acres to create four lots, located east of
Pilot Knob Road between High-Site Drive and Marice Drive in the SW'/4 of Section 10, subject to
the following amended conditions:
Uses
1. The following uses are allowed within this Planned Development.
Lot 2, Block 1 Four, three-story apartment buildings totaling 228 units
Lot 1, Block 2 Uses allowed in the Limited Business zoning district
2. The performance standards required for development of Lot 1, Block 2 shall be
those that apply to the LB zoning district.
3. The area of Pond CP-5 cannot be used as lot area toward determining maximum
density or lot coverage for Lot 1, Block 2, at the time that lot develops in the future.
Page 5
February 22, 2000
ADVISORY PLANNING COMMISSION
Agreement
4. A Final Planned Development Agreement shall be required for each lot prior to
construction. The following plans are required for the Final Planned Development Agreement and
shall be consistent with the Preliminary Planned Development:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Site Lighting Plan
Platting
5. The property shall be subdivided and replatted.
6. The applicant shall acquire the additional land that is within the area of the
Proposed Planned Development prior to Final PD approval.
Airport Noise Considerations
7. The developer shall ensure that the building plans, materials and construction of the
building improvements are such that they will provide an interior sound level of 45 dBA, as compared
with a noise level of 65 DNL.
Building Elevations
8. As required by City Code, all exterior surfaces of should be treated as a front and
have an equally attractive or the same architectural treatment. The applicant shall consider the
suggested architectural modifications for the apartment buildings, and details of the architectural
materials and colors shall be consistent with the addition of more brick and less vinyl in the plans
for the Final PD.
Landscaping
9. The landscape plan shall be revised to incorporate trees within the yard areas,
throughout the parking lot, and to established buffers between the buildings and public rights-of-
way, especially along the future Northwood Parkway and I-35E. The revisions to the landscape
plan should also be shown on the combined landscape and tree mitigation plan.
10. The final landscape plan shall note that automatic irrigation will be provided for all
landscaped areas as required by the City Code. Additionally, the final landscape plan shall show
underlying grading contours and must be prepared and signed by a registered landscape architect
or certified nurseryperson.
9a
Page 6
February 22, 2000
ADVISORY PLANNING COMMISSION
Tree Preservation
11. This development shall comply with the city's Tree preservation Ordinance, and
provide mitigation as recommended by the Advisory Parks Commission.
Signagee
12. All site signage shall comply with applicable provisions of the City Sign Code.
General Performance Standards
13. All trash and recyclable storage areas shall be contained within the buildings.
Outside storage of trash and recyclables shall not be allowed.
14. All requirements set forth in Section 11.10, Subdivision 24 of the City Code shall
apply to this Planned Development. The applicant shall submit detailed plans at the time of Final
Planned Development demonstrating compliance with these standards.
15. All plans and building permits for the design and development of Lot 1, Block 2,
shall be presented to the APC and City Council for approval prior to permit issuance and
development.
All voted in favor (Member Huusko abstained).
9/
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 18, 2000 CASE: 10-PS-25-12-99
10-RZ-16-12-99
APPLICANT: Glen Pond Apartments HEARING DATE: February 22, 2000
PROPERTY OWNER: Lawrence Wenzel PREPARED BY: Pamela Dudziak
State of Minnesota
City of Eagan
REQUEST: Preliminary Subdivision; Preliminary
Planned Development; Rezoning
LOCATION: SW'/4 Section 10
COMPREHENSIVE PLAN: CA, Central Area
ZONING: R-4, Residential Multiple
SUMMARY OF REQUEST
Larry Wenzel, representing Glen Pond Apartments, is requesting approval of a Preliminary
Subdivision, Preliminary Planned Development and Rezoning of approximately 24.6 acres
located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/4 of
Section 10. The site encompasses two parcels owned by Larry Wenzel, a portion of Marice
Drive, a city street that is proposed to be vacated, and three adjacent parcels owned by MnDOT.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
Planning Report - Glen Pond Apartments
February 22, 2000
Page 2
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City-Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
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Planning Report - Glen Pond Apartments
February 22, 2000
Page 3
Planned Development:
Chapter 11.20, Subd. 8, B., Determination, states: "In considering any petition for such district,
the Planning Commission and the Council in the interests of carrying out the intent and purpose
of this Subdivision, shall determine whether or not such planned development will:
(1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than
does development of the underlying zoning district;
(2) be feasible for the owner and developer economically to complete according to proposed
plans;
(3) benefit the community at large to a greater degree than would development of the
underlying zoning district."
Rezoning:
City Code Chapter 11, Section 11.40, Subdivision 5 states, in part that the Council shall not
rezone any land or area in any zoning district or make any other proposed amendment to this
chapter without first having referred it to the planning commission for its consideration and
recommendation.
BACKGROUND/HISTORY
The site is located east of Pilot Knob Road and north of Marice Drive. Effress Addition was
platted in 1970. The existing Glen Pond Apartments were constructed in 1974 and contain 297
units (186 one-bedroom, 108 two-bedroom, and 3 efficiency units). One of the existing
apartment buildings and the community building/pool were constructed on a portion of Lot 1,
Block 2, Effress Addition.
In May of 1999, Larry Wenzel submitted a similar proposal to add to the Glen Pond Apartment
complex by constructing four apartment buildings on his property. However, at that time the
plans were lacking substantial information. Most significantly, the plans did not accommodate
the future extension of Northwood Parkway across I-35E to Pilot Knob Road as identified in the
Ring Road Concept Plan adopted by the City Council in 1994 to provide options to alleviate
traffic congestion at the Yankee Doodle Road and Pilot Knob Road intersection. Because of this
and other deficiencies in the plans, that development application ultimately was denied by the
City Council.
At the same time, City staff has been working with Mr. Wenzel to facilitate both the City's goal
of accommodating right-of-way for the future Ring Road (Northwood Parkway) and Mr.
Wenzel's goals for apartment development. Although still in negotiation, at present the parties
have agreed in principle to a plan whereby Mr. Wenzel would receive land to the east of his
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Planning Report - Glen Pond Apartments
February 22, 2000
Page 4
existing parcel consisting of Marice Drive (which would be vacated) as well as excess MnDOT
right-of-way land between Marice Drive and I-35E, and the City would receive the necessary
right-of-way for the future Ring Road through the site. The development plans reflect this land
agreement, and include the necessary level of detail to accurately evaluate the proposed
development.
EXISTING CONDITIONS
The site is wooded and appears to primarily consist of softwood deciduous trees. There is a pond
on the west end of the site and a wetland southeast of the pond. There is little variation in
topography.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Glen Pond Apartments zoned R-4 (Residential Multiple), guided CA (Central Area)
South - Marice Manor/Sidney's zoned LB (Limited Business), guided CA
East - I-35E
West - Lockheed Martin zoned RD (Research and Development), guided CA
EVALUATION OF REQUEST
This report focuses on the portion of the site proposed for new apartment development. The
subdivision is reviewed to the extent that it involves more land beyond that proposed for the
apartment development. At present, there are no development plans for the portion of the site
that lies south of the right-of-way for the future Northwood Parkway.
Preliminary Subdivision:
Lots - All of the proposed lots meet minimum lot size requirements for the applicable zoning
district. A summary of the lots is shown below.
Parcel Lot Area Zoning Development of Parcel
Lot 1, Block 1 3.85 acres R-4 (existing) Existing apartment and community building
Lot 2, Block 1 10.64 acres PD (proposed) Proposed apartment buildings
Lot 1, Block 2 6.36 acres LB (proposed) Existing pond, vacant "severed" parcel;
future development unknown
Lot 1, Block 3 .83 acres NB (existing) Vacant; future development unknown
New R-O-W 2.96 acres Future Ring Road (Northwood Parkway)
Total Site Area 24.64 acres
'S
Planning Report - Glen Pond Apartments
February 22, 2000
Page 5
Zoning/Rezoning - The existing and proposed zoning is shown in the attached exhibits. Lot 1,
Block 1, contains an existing apartment building and is proposed to remain zoned R-4. The
Preliminary PD consists of Lot 2, Block 1, and is proposed to be developed with four apartment
buildings totaling 228 units; the PD zoning allows the development of multiple buildings on a
single lot. Lot 1, Block 2, consists of the remnant portion of Mr. Wenzel's property created by
the Northwood Parkway right-of-way, and Pond CP-5. After discussion with City Staff, this
"severed" parcel is proposed to be rezoned Limited Business (LB) because the existing R-4
zoning no longer appears appropriate for this free-standing parcel, and LB is consistent with the
zoning to the south across Marice Drive. However, after further analysis, staff recommends that
this "severed parcel" be zoned as part of the Planned Development instead, with LB uses
specified. The effect on the future use of the property is essentially the same, but including this
parcel as part of the PD allows the transfer of density allowance for the existing pond from Lot 1,
Block 2, to Lot 2, Block 1, as is discussed later in the report. This change in the rezoning request
has been discussed with the applicant's representative who has consented to it. Lot 1, Block 3 is
also a remnant parcel that will be created by the Northwood Parkway right-of-way and no change
to its current Neighborhood Business (NB) zoning is proposed.
Grading - The preliminary grading plan is acceptable with some minor modifications. The
existing site is moderately wooded with little variation in topography. A majority of the site will
be disturbed in preparation for the proposed apartment and parking lot construction. The site
generally slopes from northeast to southwest.
Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water runoff from the
development will be drained via storm sewer to a proposed storm water pond to be constructed on Lot 1,
Block 2. This pond will drain to Pond CP-5, an existing pond near Pilot Knob Road in the southwest
comer of this site on proposed Lot 1, Block 2.
Water Quality - This development is located in the City's C-watershed and will generate stormwater
that, after routing through a series of nutrient traps and sediment basins, will eventually reach Gravel Pit
Lake (CP-9), one of the city's Class II waterbodies - a priority ranking for indirect contact recreation.
This development is proposed to meet its water quality requirements through creation of treatment
ponding. Minimally, a wet-pond volume of 1.25 acre-feet over an area of 0.53 acres would be required
to treat the stormwater generated by this development. The specific details of the location and design of
the water quality pond are still being worked out by the applicant and will be reviewed by the Advisory
Parks Commission at their regular meeting in March. The development should provide water quality
treatment ponding as recommended by the APrC.
Wetlands - There are three wetlands associated with this site. One wetland is located in the
northeast corner of the site, but it is a former borrow site for fill material and is not a protected
wetland. The other two wetlands are associated with the "severed parcel" (Lot 1, Block 2) and
these natural wetlands are protected under state law.
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Planning Report - Glen Pond Apartments
February 22, 2000
Page 6
Any draining or filling of natural wetlands that are not protected by the Minnesota Department of
Natural Resources as Public Water wetlands is regulated by the Wetland Conservation Act (WCA)
of Minnesota. The City of Eagan is the governmental unit responsible for implementing the WCA
at the local level. The applicant is not proposing to drain or to fill either jurisdictional wetland at
this time. Any changes in the plans to fill the natural wetlands will require compliance with the
WCA.
Utilities - The preliminary utility plan is acceptable. Public sanitary sewer and water main service of
sufficient size, depth and capacity is readily available for connection in the Marice Drive right-of-way
(which is to be vacated for street purposes) within the proposed Lot 2, Block 1.
Streets/Access/Circulation - Public street access is proposed from Marice Drive to the south, and onto
High Site Drive from a driveway through the existing apartment site (Lot 1, Block 1) to the northwest.
Public street access will also be available from Northwood Parkway, a segment of the planned Ring
Road. The developer has accommodated the alignment of this portion of Northwood Parkway in the site
plans for the development. The alignment is compatible with the placement of a planned freeway
overpass at I-35E and future signalization of the High Site Drive and Pilot Knob Road intersection.
The site plan and preliminary plat reflect the land agreement that is currently under negotiation between
the City, MnDOT and the developer that would exchange excess MnDOT property along I-35E, as well
as a vacated portion of Marice Drive, for the Northwood Parkway road right-of-way through the site.
Easements/Permits/Riaht-of-Way - The developer should be responsible for the acquisition of all
regulatory agency permits required by the affected agency prior to final plat approval.
The developer should dedicate public right-of-way for future Northwood Parkway, as shown on the
preliminary plat.
The Marice Drive and High Site Drive right-of-way within Lot 2, Block 1 should be vacated prior to
final subdivision approval for this development.
Tree Preservation - A preliminary review of the tree preservation and mitigation plan shows that
there are over 189,000 square feet of significant woodlands on the site proposed for the
apartment development (Lot 2, Block F). Over 80% of the significant woodlands will be
removed, which exceeds the allowable removal of 47.5%. The preliminary estimate of required
mitigation is 65,658 square feet of significant woodlands, which equates to 262 Category B
replacement trees. The applicant has proposed a tree replacement plan that includes tree removal
and replacement on the "severed" parcel south of the new Northwood Parkway right-of-way (Lot
1, Block 2), since that site is shown to be graded. The estimate of mitigation for that parcel is an
additional 14,742 square feet of significant woodlands, or 58 Category B trees. Therefore,
overall required mitigation is anticipated to be 320 Category B trees. However, this proposal has
not yet been reviewed by the Advisory Parks Commission, and a more thorough analysis of the
Planning Report - Glen Pond Apartments
February 22, 2000
Page 7
tree removal and mitigation plans will be presented to the APrC at their regular meeting in
March.
As stated in the landscape section of this report, revisions to the landscape plan may make it
difficult to fully satisfy mitigation requirements on site. If mitigation cannot be satisfied on site,
staff suggests that some of the mitigation may be provided within the existing Glen Pond
Apartment complex. Revised landscape and mitigation plans should be provided for staff review
and analysis in advance of the March APrC meeting. For purposes of the Advisory Planning
Commission's review at this time, the development should be conditioned upon the applicant
satisfying the Tree Preservation Ordinance requirements and providing tree mitigation as
recommended by the APrC.
Parks and Recreation - Park and trail dedication requirements should be fulfilled as
recommended by the APrC.
Since the developer is using Pond CP-5 in the base land area for the proposed apartments, and
the density allowance for that unbuildable area can be utilized only for one development, the
pond area cannot be used as lot area toward determining density or lot coverage at the time Lot 1,
Block 2 develops in the future.
Preliminary Planned Development/Rezoning:
With the proposed Planned Development zoning, the developer and the City both have greater
flexibility in the overall design of the development and typical zoning standards do not strictly
apply. However, to help the Advisory Planning Commission and City Council evaluate the
proposed development plans, the R-4 zoning requirements are used as a basis for comparison.
The following analysis finds that some details are lacking at this time, however, the applicant's
objective with the proposed Preliminary PD is to obtain City approval for the proposed use and
intensity, and general site plan, and the additional details will be required to be submitted at the
time of Final Planned Development. As discussed previously in this report, the PD zoning
should extend to Lot 1, Block 2, with the specified uses and performance standards being those
that apply in the LB zoning district.
Compatibility with Surrounding Area -The site is bounded by major roadways to the west (Pilot
Knob Road) and to the east (I-35E). The proposed Preliminary PD and Rezoning are consistent
with the City's Central Area Plan, which designates this site for office/service and medium- to
high-density residential development.
The proposed apartment use is consistent with surrounding land uses, as is the specified LB use
south of right-of-way for the future Northwood Parkway extension. To the north of the
development site are the existing Glen Pond Apartments (zoned R-4), to the south is Marice
Manor, a four-story senior assisted living facility, and Sidney's restaurant, both of which are
zoned LB.
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Planning Report - Glen Pond Apartments
February 22, 2000
Page 8
Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
of its Metropolitan Development Plan that anticipates the impacts from the continued operation of
the airport at its current location. The noise policy contours in Eagan place the subject property
within Noise Zone 4. Within this area, multiple-dwelling residential development would be
provisional, meaning that it must comply with certain structural performance standards to be
acceptable according to MS 473.192. In particular, the building plans, materials and construction
should be such that they will insure an interior sound level of 45 dBA. This would require an
inside noise level reduction of at least 20 dBA, as compared with the noise level at the inner
boundary of the noise zone, in this case 65 DNL.
Densi - As a Planned Development, the acceptability of the proposed density is a policy matter
to be determined by city officials. The proposed development is for four buildings totaling 228
units (two 60-unit buildings and two 54-unit buildings). Based on the matrix in the city Code,
the required lot area for the proposed development is as shown below. The Code provides that
the required lot area can be reduced by 300 square feet for each unit served by underground
garage. Since each unit is provided one underground parking stall, this reduction in the required
lot area has already been accounted for in the table below.
REQUIRED LOT TOTAL REQUIRED
TYPE OF UNITS # OF UNITS AREA PER UNIT LOT AREA
Efficiency 36 2,420 sq. ft. 87,120 sq. ft.
1-Bedroom 72 2,600 sq. ft 187,200 sq. ft.
2-Bedroom 100 2,800 sq. ft. 280,000 sq. ft.
3-Bedroom 20 4,060 sq. ft. 81,200 sq. ft.
635,520 sq. ft.
Totals 228 14.59 acres
Resulting Density (228 units/14.59acres) = 15.63 units/acre
Based on the proposed unit mix and three-story buildings, the R-4 zoning district would require a
total site area of 14.59 acres, which equates to a density of 15.63 units per acre with the proposed
228 units. This includes credit for ponding or other similarly unbuildable areas (up to 10% of the
total site area), and for providing underground garages (300 sq. ft. per underground garage stall).
In calculating the developer's proposed density of this development, the base land area includes
some areas of the site that are outside of proposed Lot 2, Block 1, and is shown graphically in the
attached exhibits. It includes all of proposed Lot 2, Block 1, as well as a portion of proposed Lot
1, Block 1 lying between the existing apartment and community buildings and the future
Northwood Parkway right-of-way. In addition, a density credit up to 10% of the total site area is
allowed for the existing pond (Pond CP-5), and a credit 300 square feet per underground garage
stall has been added to the site area for density purposes. This base land area seems reasonable
given the existing configuration and ownership of the parcels. The transfer of density allowance
9
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Planning Report - Glen Pond Apartments
February 22, 2000
Page 9
for the pond area from one lot to another can be accommodated within a Planned Development.
The pond area can be utilized for building coverage or density only once and therefore, cannot be
included in the lot area for determining lot coverage or intensity at the time Lot 1, Block 2 is
developed. The developer's proposed density for the apartment development is summarized in
the following table.
Lot 2, Block 1 and part of Lot 1, Block 1 11.04 acres
Plus credit for pond area 1.43 acres
Plus credit for underground parking (300 s.f per garage) 1.57 acres
Total Site Area Used for Density 14.04 acres
Proposed Density (228 units/14.04) 16.24 units per acre
The development as proposed has a net density of 16.24 units per acre, which includes the
allowed credits for ponding and for underground garages. Additionally, the proposed density has
dropped significantly from the previous proposal submitted in 1999, which contained 300 units
on 10.9 acres at a density of more than 25 units per acre.
In summary, this proposal has fewer total units than the previous proposal submitted in 1999, and
the proposed density of 16.24 units per acre is only slightly higher than the 15.63 units per acre
allowed in the R-4 zoning district.
Required Recreation Area - The zoning ordinance requires that each multiple dwelling complex
provide recreation area for its residents. The recreation area requirements are summarized
below. Required recreation areas must be located at least 100 feet from any ponding area. Given
the proposed 228 units, a total amount of recreation area required is 47,600 square feet.
The plans identify 4,800 square feet of recreation space between the two southerly buildings, and
42,800 square feet of recreation/open space in the northeast comer of the site. Together these
areas satisfy this requirement. However, staff questions how functional the area in the northeast
portion of the site will be for recreation purposes since that area slopes significantly down from
the proposed building to the north and east.
RECREATION TOTAL REQUIRED
TYPE OF UNITS # OF UNITS AREA PER UNIT RECREATION AREA
Efficiency 36 200 sq. ft. 7,200 sq. ft.
1-Bedroom 72 200 sq. ft. 14,400 sq. ft.
2-Bedroom 100 200 sq. ft. 20,000 sq. ft.
3-Bedroom 20 300 sq. ft. 6,000 sq. ft.
Totals 228 47,600 sq. ft.
Off-Street Parking - The zoning code requires two parking stalls for each dwelling unit, one of
which must be enclosed. The proposed development contains 228 dwelling units. Each building
/vv
Planning Report - Glen Pond Apartments
February 22, 2000
Page 10
will have an underground garage that provides one enclosed parking stall for each dwelling unit,
and an additional 233 stalls of surface parking are provided. Parking stalls are nine feet wide and
18 feet deep.
Building Coverage - Maximum building to lot area coverage is 20%. The four buildings cover
83,216 square feet of area, or 17.9% of the proposed Lot 2, Block 1. This is less than the
maximum 20% coverage allowed.
Building Height - The proposed buildings are three stories in height. Building height from grade
to the highest point of the roof is 40.5 feet. While the zoning code does not specify a maximum
building height for the R-4 zoning district, the zoning code requires additional setback for
buildings exceeding 35 feet in height.
Building Architecture - The proposed apartment buildings are to be finished in a combination of
brick and vinyl siding, vinyl trim, fiberglass shingles and aluminum soffit and fascia. Brick is to
be provided at the base of the buildings and vertically in certain areas which serve to emphasize
the "corners" of the structure. A color scheme for the materials has not been specified. Lower
level units will have a concrete patio; second and third story units will have a balcony with a
wrought iron railing. As required by City Code, all exterior surfaces of should be treated as a
front and have an equally attractive or the same architectural treatment.
While the apartment buildings satisfy the building material requirements of the code, some
concern exists in regard to a lack of visual interest. To address this concern, the applicant may
wish to consider one or more of the following modifications. Integrating gabled roof elements,
particularly above the proposed balconies, which would not only add visual interest, but would
also serve to shelter users of third floor balconies from inclement weather. The floor plan could
be slightly modified to provide a "push/pull" effect. For instance, patio door areas could be
slightly recessed or cantilevered to create shadow effect and add interest to both the exterior
elevations and interior spaces. Variation in brick color and/or texture, and contrasting trim color,
can also add visual interest. Details of the architectural materials should be presented with the
application for the Final Planned Development.
Trash Storage - Trash storage is proposed to be inside the buildings, in the underground garage
area. Outside storage or trash dumpstets and recycling containers is not permitted.
Other Site Design Requirements - Section 11.10, Subdivision 24 contains specific site design
and development requirements pertaining to multiple-dwellings and commercial developments.
In addition to recreation space and trash storage, this subdivision contains regulations pertaining
to the provision of walkways, site lighting, storage space inside the building, platting of the
property, and public safety. All requirements set forth in this subdivision should apply to this
development. The developer should submit detailed plans at the time of Final Planned
Development demonstrating that these standards are satisfied.
/0/
Planning Report - Glen Pond Apartments
February 22, 2000
Page 11
Setbacks - The R-4 zoning district establishes minimum building setbacks of 50 feet from a
public right-of-way and 30 feet from side and rear lot lines; minimum parking and pavement
setbacks are 20 feet from a public right-of-way and five feet from side and rear lot lines.
Additionally, building setbacks are required to be increased by three feet for each one foot of
building height over 35 feet. Since the proposed apartment buildings are 40.5 feet in height,
additional setbacks of 16.5 feet would be required, increasing the setbacks from a public right-of-
way to 66.5 feet, and side yard setbacks to 46.5 feet. Deviations from these requirements are
considered a policy matter and can be approved as part of a Planned Development.
The proposed buildings exceed the minimum 50-foot setback, and appear to satisfy the increased
66.5-foot setback, from public rights-of-way. The southwesterly building is set back 30 feet
from the side lot line, but does not meet the increased setback 46.5 feet. This adjacent lot from
which this setback is measured contains an existing apartment building and the community
building, which are part of the Glen Pond Apartments complex.
The placement of the Northwood Parkway right-of-way through this site was determined by the
City. The applicant is accommodating it in his development plans and including the parcel
containing the existing apartment and community building in the plat (Lot 1, Block 1) at the
request of the City to avoid creating a small odd-shaped remnant parcel that would otherwise
result from the establishment of the Northwood Parkway right-of-way. The existing buildings on
Lot .1, Block 1, satisfy the minimum setbacks from the new southwest lot line established by the
north boundary of the new Northwood Parkway right-of-way. Building setbacks from the other
parcel lot lines will remain unchanged and appear to satisfy minimum requirements. The parking
lot appears to have been constructed at a zero setback from existing lot lines, and this zero
setback condition will remain on the southeast side of the property adjacent to the new
development. With the replatting, the south lot line will be shifted away from the existing
parking lot, increasing the parking setback from the southwest lot line (and the new Northwood
Parkway right-of-way).
Rezoning of the "severed" parcel will establish new setbacks for that parcel. Setbacks specified
in the LB zoning district should apply. The LB district requires minimum building setbacks of
30 feet from a public right-of-way (50 feet from the future Northwood Parkway, a major
thoroughfare), and ten feet from side and rear lot lines. Minimum required parking and
pavement setbacks would remain at 20 feet from a public right-of-way and five feet from side
and rear lot lines.
Landscaping - The zoning ordinance requires a landscape plan for multiple-residential
developments. Landscaping is required to screen parking areas from public rights-of-way, and to
provide a buffer between the development and public streets and adjacent properties. As an
objective measure, the landscaping should comprise 3% of the building value. The City may,
however, approve the landscape plan that does not meet the 3% standard if it is determined that
the intent of the landscape requirements have been fulfilled.
Planning Report - Glen Pond Apartments
February 22, 2000
Page 12
The preliminary landscape plan is unacceptable as submitted. Combined with the tree mitigation
plan, the overall planting plan provides a fully landscaped site, however, independent of the
mitigation plan, the proposed landscaping is sparse and consists mainly of shrubs and some
ornamental trees. The developer should revise the landscape plan to incorporate trees within the
yard areas and throughout the parking lot islands, and to establish screens and buffers between
the development and the public rights-of-way, especially along the future Northwood Parkway
and I-35E. Staff is less concerned about satisfying the 3% benchmark than with fulfilling the
screening and buffering intent of the landscape ordinance. Additionally, with the amount of tree
mitigation required for this development and with more of the plant materials designated to
fulfill landscaping requirements, fewer trees will be available for satisfying mitigation
requirements on-site.
The final landscape plan should note that automatic irrigation will be provided for all landscaped
areas as required by the City Code. Additionally, the final landscape plan shall show underlying
grading contours and must be prepared and signed by a registered landscape architect or certified
nurseryperson.
Si a e - The submitted application did not include a specific sign plan. As a condition of the
Planned Development, all site signage should comply with applicable provisions of the City Sign
Code.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Preliminary Subdivision, Preliminary Planned
Development and Rezoning of approximately 24.6 acres located east of Pilot Knob Road
between Marice Drive and High Site Drive in the SW'/. of Section 10. The site encompasses two
parcels owned by Larry Wenzel, a portion of Marice Drive that is proposed to be vacated, and
three adjacent parcels of excess Mn/DOT right-of-way.
Overall, this proposal appears to accomplish both the city's objective to preserve right-of-way for
the future Ring Road (Northwood Parkway), and the developer's objective to be able to build
apartments. The proposed development is predicated on a land agreement between the City and
the applicant, which has been agreed to in principle but is still under negotiation, and the
agreement will need to be finalized before Final Subdivision or Final PD approval.
The proposed rezonings appear compatible with the surrounding development and the City's
Comprehensive Guide Plan. The Preliminary Planned Development has fewer total units than
the previous proposal submitted in 1999, and the density of 16.24 units per acre is only slightly
higher than the 15.63 units per acre that would be allowed in the R-4 zoning district. With the
exception of the landscape plan, the proposed development appears to satisfy city standards.
Tree preservation, water quality and park dedication requirements will be reviewed and a
recommendation made by the City Advisory Parks Commission prior to the City Council
consideration.
/d'
Planning Report - Glen Pond Apartments
February 22, 2000
Page 13
ACTION TO BE CONSIDERED
A. To recommend approval of a Preliminary Subdivision to create four lots on 24.6 acres
located east of Pilot Knob Road between Marice Drive and High Site Drive in the SW'/4 of
Section 10. If approved, the following conditions should apply.
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993: B1, B2, B3, B4, Cl, C2, C3, C4, D1, and
El.
Platting
2. The property shall be platted.
Water Quality
3. This development shall meet its water quality requirements through creation of
treatment ponding. A minimum wet-pond volume of 1.25 acre-feet over an area of
0.53 acres should be provided to treat the stormwater generated by this development.
The specific details of the location and design of the water quality pond shall be
according to the recommendation of the Advisory Parks Commission.
Easements/Rights-of-Way/Permits
4. The developer shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to final plat approval.
5. The developer shall dedicate public right-of-way for future Northwood Parkway, as
shown on the preliminary plat.
6. The Marice Drive and HighSite Drive right-of-way within Lot 2, Block 1 shall be
vacated prior to final subdivision approval for this development.
Tree Preservation
7. The applicant shall comply with the City's Tree Preservation Ordinance requirements
and provide tree mitigation as recommended by the APrC. A final Tree Preservation
Plan demonstrating compliance with the ordinance requirements shall be required
prior to Final Subdivision approval.
/e y
Planning Report - Glen Pond Apartments
February 22, 2000
Page 14
Parks and Recreation
8. Park and trail dedication requirements shall be fulfilled as recommended by the
APrC.
B. To recommend approval of a Preliminary Planned Development for Lot 2, Block 1, and
Lot 1, Block 2, of the proposed Effress 2d Addition, consisting of 17 acres. If approved,
the following conditions should apply.
Uses
1. The following uses are allowed within this Planned Development.
Lot 2, Block 1 Four, three-story apartment buildings totaling 228 units
Lot 1, Block 2 Uses allowed in the Limited Business zoning district
2. The performance standards required for development of Lot 1, Block 2 shall be those
that apply to the LB zoning district.
3. The area of Pond CP-5 cannot be used as lot area toward determining maximum density
or lot coverage for Lot 1, Block 2, at the time that lot develops in the future.
Agreement
4. A Final Planned Development Agreement shall be required for each lot prior to
construction. The following plans are required for the Final Planned Development
Agreement and shall be consistent with the Preliminary Planned Development:
• Final Site Plan
• Final Building Elevations
• Final Landscape Plan
• Final Signage Plan
• Final Site Lighting Plan
Platting
5. The property shall be subdivided and replatted.
6. The applicant shall acquire the additional land that is within the area of the Proposed
Planned Development prior to Final PD approval.
Planning Report - Glen Pond Apartments
February 22, 2000
Page 15
Airport Noise Considerations
7. The developer shall ensure that the building plans, materials and construction of the
building improvements are such that they will provide an interior sound level of 45 dBA,
as compared with a noise level of 65 DNL.
Building Elevations
8. As required by City Code, all exterior surfaces of should be treated as a front and have
an equally attractive or the same architectural treatment. The applicant shall consider
the suggested architectural modifications for the apartment buildings, and details of the
architectural materials and their colors shall be included in the plans for the Final PD.
Landscaping
9. The landscape plan shall be revised to incorporate trees within the yard areas,
throughout the parking lot, and to established buffers between the buildings and public
rights-of-way, especially along the future Northwood Parkway and 1-35E. The
revisions to the landscape plan should also be shown on the combined landscape and
tree mitigation plan.
10. The final landscape plan shall note that automatic irrigation will be provided for all
landscaped areas as required by the City Code. Additionally, the final landscape plan
shall show underlying grading contours and must be prepared and signed by a
registered landscape architect or certified nurseryperson.
Tree Preservation
11. This development shall comply with the city's Tree preservation Ordinance, and
provide mitigation as recommended by the Advisory Parks Commission.
Signage
12. All site signage shall comply with applicable provisions of the City Sign Code.
General Performance Standards
13. All trash and recyclable storage areas shall be contained within the buildings. Outside
storage of trash and recyclables shall not be allowed.
14. All requirements set forth in Section 11.10, Subdivision 24 of the City Code shall apply
to this Planned Development. The applicant shall submit detailed plans at the time of
Final Planned Development demonstrating compliance with these standards.
!D'
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac- constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. if any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
Revised: February 2. 1993
LTSSS
STANDARD.CON
FINANCIAL OBLIGATION EFFRESS 2ND ADDITION
There are pay-off balances of special assessments totaling $2,024 on the parcels proposed
for platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are pending assessments on the parcels proposed for platting. The
pending assessments total $31,020. Their pending status is at the request of the State of
Minnesota Highway Department.
This estimated financial obligation is subject to change based upon the areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system.
IMPROVEMENT USE RATE QUANTITY AMOUNT
Trunk Storm Sewer M.F. $.108/Sq.Ft. 236,216Sq. Ft. $25,511
Water Trunk M.F. $1,960/Ac. 1.45 Ac. 2,842
Sanitary Sewer Trunk M.F. $1,870/Ac 1.45 Ac. 2,712
TOTAL $31,065
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612 738 0021
Feb 04 00 12:50p Richard V Krumm 612-738-0021 p.2
RVK ARCHITECTS 6651-738-0021 Fox731-5428
783 RADIO DRIVE - SUITE 115 WOODBURY, MINNESOTA 55125
February 4, 2000
GLEN POND PHASE II NARRATIVE
This proposal, being made by Mr. Lawrence Wenzel of The Glen Pond Apartments, is for
the construction of 228 apartment units. The apartment units are to be
constructed within four buildings, two buildings are to contain 60 apartment units per each
and two buildings are to contain 54 apartment units per each. The individual buildings will
be three story wood frame set above masonrylprecast concrete underground parking
garages. An underground parking space. will be available for each apartment unit. (One
parking space per apartment unit will also be provided within -a paved and curbed parking
area on the site.
The building exteriors are to be mainly maintenance free and will be a combination of
brick and vinyl siding and aluminum sofits, fascia and trim. The roofs are to be hipped
roofs with a 5/12 slope to maintain a residential caracter and will be with fiberglass roof
shingles. All four elevations of each building will be of the same architectural treatment.
It is Mr. Wenzel's intention to start construction of the two westerly most buildings in the
spring construction season of this (2000) year. The remaining two (easterly most)
buildings are to be started in the fall of This (2000) year. Construction of the project is
anticipated to be complete by late summer or early fall of 2001.
To accomplish the above goals, the following must also be accomplished:
1.) There must be an exchange for land between the City of Eagan and Mr.
Wenzel for the land for the future Northwood Parkway RO.W. and land
currently owned by MNDOT. (Lots 1 and 2 and the northerly portion of
Lot 3, Block 3, Effiress Addition)
2.) Marice Drive from the future Northwood Parkway to 1:figh-Site Drive must
be vacated and conveyed to Mr. Wenzel
3.) The portion of High-Site Drive RO.W. from Marice Drive and lying north
of Lot 1, Bock 3, Effress Addition must be vacated and conveyed to Mr.
Wenzel
ARCHITE:TURE PLANNING INTERIOR DESIGN
Ix
612 738 0021
Feb 04 00 12:50p Richard V Krumm 612-738-0021 p.3
February 4, 2000
Glen pond Phase II - Narritive
Page Two
4.) The newly created Lot 2, Block 1, Effress 2nd Addition must be rezoned
to Planned Development. (The remaining portion of the Wenzel property
is currently R4 and the MNDOT property is currently Neighborhood
Business.
5.) The Portion of Lot 2, Block 2, Eifress Addition remaining after the
exchange for future Northwood Parkway and the "Severed" Parcel
(Severed from Lot 1, Block 2, Effress Addition by the future Northwood
Parkway RO.W.) must be replatted as Lot 1, Block 2, Effress 2nd
Addition.
6.) The newly created Lot 1, Block 2, Effress 2nd Addition must be rezoned
from Current R4 to limited business.
7.) A Water Quality/Storm Water management program must be established.
8.) . A Tree Mitigation Program must be established due to the nature of the
significant woodlands on the properties.
9.) A Development Contract between Mr. Wenzel and the City of Eagan must
be entered into, relative to but, not necessarily limited to, the items
identified in the previously submitted Supplement to Application.
la ~e.
02/10/00 THU 10:55 FAX OPUS CORP 0 002
Arlene Armeli
Property Owner: 1372 & 1374 Jurdy Road
Eagan, MN 55121-2116 tele: 651) 456-0301 bus: 612) 656-4614 fax: 612) 656-4845
Objection to the proposal - Effress 2'd Addition Case 10-PS-25.12-99
ATTN: Pam Dudziak
Fax: (651) 681-4694
Objection Point # 1: Glen Pond Apartments has not been neighborhood friendly in the past. My home is
on a hill, my property slants to ground level behind my house. My combined property is entirely fenced in.
There is a gate in the back which opens onto Glen Pond property. There is a play ground area just SW of
this gate. My children are not allowed to play on the equipment, or even toss a ball around on the open
area behind my house and the apartments.
I am an earlier tenant of Glen Pond Apartments. It seems strange that they would object to my children
playing there. This is an issue because there are no parks located in the residential area located between
Lone Oak and Yankee Doodle & 35E and Pilot Knob Road. There is some land slated for a park, Moon
Shine Park, but at the present it is not developed and I understand there is no public access road to reach it.
Objection Point # 2: I have been living in my current house since 1987. During this time, there has been
some noise issues and complaints as to the type of tenant that Glen Pond rents to. It later years, this has not
been an issue. But in the first 5 years consistently, I have complained to the Police about roudy parties and Pa.*e-
Iss phon4Va1 the manager on Monday mornings to say there was another party this prior week-end. 1 he
police complain because I am unable to distinguish as to which apartment number the noise is coming
from. -re I am up on a hill and the apartment building is "L" shaped, I get an amplithreatre affect.
Objection Point # 3: The house at 3200 Pilot Knob Road, is also owned by Wenzel. This house in the past
has been rented to undersireable tenants. There was junked out cars in the driveway/yard. The windows
were boarded up, and the side porch was a combination of miscellaneous pieces of wood patched together
in an unsightly way. The children living there were unkept and ran amuck in the neighborhood and there
was loud parties there also. If Glen Pond has more apartments to rent out, I sense that their standards for
the type of tenants they will allow to live there will be lowered and we will have more trouble in the
neighborhood and for the City of Eagan.
Objection Point #4: The land that is proposed for the new apartment buildings is a wooded area. The
children often will go and play by the big rock ( a huge rock approximately 5 feet tall and has an
approximate circumference of 15 feet.). Now this area is being proposed to be taken away from the kids to
play at also.
Objection Point #5: Since Jurdy/Marice is a circle road, I fear the traffic will become a problem. It already
is an issue with the high number of cars turning left into the Sperry/Univac property off of Pilot Know
Road. More traffic means more problems, greater chances for accidents, more population in a small area
with no place for the kids to play with lower property values.
In summary, this truly is a bad proposal and will only aid Mr. Wenzel. It certainly will not help the current
residents in the Development area. I trust the Board members will not allow such a development to take
place. No Parks, a lot of children, equals lots of problems. The population for the small area just will not
accommodate this expansion and is not necessary. Who will it benefit. No One!
Sincerely,
Arlene Armeli
P.S. I would be happy to accept any phone calls addressing this matter, should you have any further
questions. Thank you.
/3 d Z/,
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
B. ORDINANCE AMENDMENT, CHAPTER 4 OF THE EAGAN CITY CODE
ENTITLED CONSTRUCTION LICENSING, PERMITS AND REGULATION
FOR THE PURPOSES OF ALIGNING CITY ORDINANCES WITH STATE
STATUTES
ACTION TO BE CONSIDERED:
To approve an ordinance amendment to Chapter 4, Section 4.01 to reflect legislative
changes to the State Statutes.
FACTS:
• At the March 6, 2000 City Council meeting, the City Council directed staff to initiate
an ordinance amendment to Chapter 4 of the Eagan City Code entitled, "Construction
Licensing, Permits and Regulation." The amendment will align City ordinances with
State Statutes.
ATTACHMENTS:
• Ordinance Amendment on pages /3o'~ through /3.3.
/3l
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER FOUR ENTITLED "CONSTRUCTION LICENSING, PERMITS AND
REGULATION" BY AMENDING SECTION 4.01 REGARDING BUILDING CODE
ADOPTION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND
SECTION 4.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Four is hereby amended by changing Section 4.01 to
read as follows:
Sec. 4.01. Building code adopted.
The Minnesota State Building Code (SBC), including the following chapters of Minnesota
Rules:
A. 1300 Minnesota Building Code;
B. 1301 Building Official Certification;
C. 1302 State Building Construction Approvals;
D. 1305 Adoption of the 1997 Uniform Building Code including Appendix Chapters:
1. 3, Division I, Detention and Correctional Facilities;
2. 12, Division 11, Sound Transmission Control;
3. 29, Minimum Plumbing Fixtures;
E. 1307 Elevators Related Devices;
F. 1315 Adoption of the 199% 1999 National Electrical Code;
G. 1325 Solar Energy Systems;
H. 1330 Fallout Shelters;
1. 13 3 5 Floodproofing Regulations;
J. 1340 Facilities for the Handicapped;
K. 1341 Minnesota Accessibility Code
13~
K. L. 1346 Adoption of the 1991 Uniform Mechanical Code;
k M. 1350 Manufactured Homes;
MN. 1360 Prefabricated Buildings;
14-0. 1365 Snow Loads;
O- P. 1370 Storm Shelters;
P Q 4715 Minnesota Plumbing Code;
Q R0 7676 and 7678 Minnesota Energy Code;
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation"' and Section 4.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST: CITY OF EAGAN
City Council
By: E. J. VanOverbeke By: Patricia E. Awada
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
133
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
C. HAZARDOUS PROPERTY RESOLUTION FOR 4391 GARDEN TRAIL
ACTION TO BE CONSIDERED:
To approve the Order to Remove Hazardous Conditions of Building/Property at 4391
Garden Trail.
FACTS:
• On February 13, 2000, a fire occurred in the attached garage of the residential
property located at 4391 Garden Trail severely damaging the fire wall between the
garage and the house.
• Based on information obtained from the property inspections, the State Electrical
Inspector, Dakota Electric Association and other involved agencies or entities, Chief
Building Official Doug Reid concluded that the house structure constitutes a
hazardous building under Minnesota statutory and regulatory laws.
• On February 18, an Eagan Building Inspector and the Fire Marshal inspected the
property and discovered that the property owner had wired the new electrical service
panel for temporary electrical service to the house. The property owner was advised
that the home was in an unsafe condition and should not be occupied until the
hazardous conditions were removed. Additionally, other hazardous conditions were
identified.
• Minnesota Statutes require that the City must follow certain procedural requirements
to set forth the grounds for the Order, the necessary work or repairs, if any, to remove
the hazardous building or conditions of the property, and provide a reasonable time for
compliance.
ATTACHMENTS:
• Memorandum from City Attorney's Office, Affidavit of Doug Reid and Proposed
Order to Remove Hazardous Conditions of Building/Property enclosed without page
number.
lay
Agenda Information Memo
March 21, 2000 Eagan City Council Meeting
LEG ISLATIVEfiNTERGOVERNNLENTAL AFFAIRS UPDATE
A. AMENDMENT TO MLC JOINT AND COOPERATIVE AGREEMENT
ACTION TO BE CONSIDERED:
To approve a resolution amending the MLC Joint and Cooperative Agreement.
FACTS:
• All member cities of the Municipal Legislative Commission enter into an agreement
with the NEC to jointly and cooperatively develop legislative programs on matters of
mutual concern and interest, and identify, review and actively oppose proposals which
may be in conflict with the interests of the member municipalities.
• The changes, identified in the attached agreement, are not substantive in nature.
ATTACHMENTS:
• Resolution attached on page
• Amended Joint and Cooperative Agreement attached on pages 9 through
/3S"
CITY OF EAGAN
RESOLUTION NO.
A RESOLUTION RELATING TO
JOINT AND COOPERATIVE AGREEMENT
BE IT RESOLVED, by the City Council of the City of Eagan, Minnesota as follows:
WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental
units, by agreement of their governing bodies, to jointly and cooperatively exercise any power
common to each of them; and
WHEREAS, the parties have entered into this Joint and Cooperative Agreement to
develop programs on matters of mutual concern and interest and identify, review and actively
oppose proposals which may be in conflict with the interest of the members.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are
hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and
attached hereto.
ADOPTED by the City Council of the City of Eagan this 2151 day of March, 2000.
Motion by: CITY OF EAGAN
Seconded by: CITY COUNCIL
Those in Favor: By
Those Against: Its Mayor
Dated:
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 215`
day of March, 2000.
E. J. VanOverbeke, City Clerk
/.gyp
Last Amended July 19, 1995
JOINT AND COOPERATIVE AGREEMENT
PRELIMINARY STATEMENT
The parties to this Agreement are governmental units of the State of Minnesota. Minnesota
Statute 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly
and cooperatively exercise any power common to each of them. Pursuant to statutory authorization,
the parties to this Agreement have chosen to execute a joint powers agreement providing, in
essence, for the development of legislative programs on matters of mutual concern and interests.
ARTICLE 1.
GENERAL PURPOSE
The primary purpose of this Agreement is for the member municipalities to jointly and
cooperatively develop legislative programs on matters of mutual concern and interest, and identify,
review, and to actively oppose proposals which may be in conflict with the interests of the member
municipalities.
The organization formed pursuant to this Agreement will be funded by member
municipalities' contributions, as herein specified, with contributions being used for the retention of
professional assistance, information preparation and dissemination, research, and other activities
that may from time to time be authorized by the membership.
ARTICLE 2.
NAME
The Mies Members hereto agree to establish an organization to be known as the
Municipal Legislative Commission to carry out the objectives of this Agreement.
ARTICLE 3.
DEFINITION OF TERMS
For the purpose of this Agreement, the terms defined in this Article shall have the
meanings given them by this Article.
3.1) "Board" or "Board of Directors" means the governing body of the Commission.
3.2) "Commission" means the organization created pursuant to this Agreement.
1
3.3) "Council" means the governing body of a Party Member.
3.4) "Directors" means the persons appointed pursuant to this Agreement to serve as
Directors.
3.5) "Opee Operating Committee" means the committee consisting of the City
Managers or Administrators of each Pam Member.
3.6) "Parma" Member means a municipality which has entered into this Agreement.
3.7) "Associate Member" means a municipality which has entered into this Agreement,
but does not have the same voting rights and privileges as a Party Member.
ARTICLE 4.
ADDITIONAL PARTIES MEMBERS
Any other municipality may become a Party Member or Associate Member upon approval
by a majority of the then Parties Members.
ARTICLE 5.
EFFECTIVE DATE
A municipality shall enter into this Agreement by duly executing a copy of this Agreement
any by filing such copy, together with a certified copy of the authorizing resolution, with the
Commission Pr-esidenz Chair. This Agreement shall become effective upon approval by at least six
(6) municipalities, or on February 1984, whichever is sooner.
ARTICLE 6.
POWERS AND DUTIES OF THE COMMISSION
6.1) The powers and duties of the Commission shall include the powers set forth
in this article.
6.2) It may establish legislative programs embodying proposed legislation and
positions on proposed legislation.
6.3) It may take such action as it deems necessary and appropriate to accomplish
the general purpose of this organization.
6.4) It may consult with persons knowledgeable in the legislative process and
persons having a special interest therein, such as legislators, research
organizations, educational institutions, other political subdivisions,
2
/34?
municipal organizations, regulatory organizations, technical experts, and
any other persons who can provide pertinent information concerning
legislation of interest to the Commission.
6.5) It may provide for the prosecution, defense, or other participation in actions
or proceedings at law in which it may have an interest, and may employ
counsel for that purpose.
6.6) It may conduct such research and investigation and take such action as it
deems necessary, including participation and appearance in proceedings of
any metropolitan, state, federal, regulatory, or legislative or administrative
bodies, on any proposed or existing law, bill, or recommendation related to
or affecting any or all members.
6.7) It may enter into any contracts deemed necessary by the Board to carry out
its powers and duties, subject to the provisions of this Agreement.
6.8) It may contract with any of the Dies Members or others to provide space,
services, or materials on its behalf. Any contracts let or purchases made
shall conform to the requirements, applicable to Minnesota statutory cities.
6.9) It may accept gifts, apply for use grants, enter into agreements required in
connection therewith and hold, use and dispose of money or property
received as a gift or grant in accordance with the terms thereof.
6.10) It shall cause an annual audit of the books of the Commission to be made by
an independent auditor, or an independent auditor of a member city,
whichever the Board determines. It shall make an annual financial
accounting and report in writing to the Parties Members. Its books and
records shall be available for and open to the examination by the Parties at
all reasonable times. It shall establish the annual budget for the Commission
as provided in this Agreement.
6.11) It may delegate authority to the Operating Committee between Commission
meetings. Such delegation of authority shall be by resolution of the Board
and may be reconditioned in such manner as the Board may determine.
6.12) It may exercise any other power necessary and incidental to the
implementation of its powers and duties.
ARTICLE 7.
BOARD OF DIRECTORS
7.1) The governing body of eEewAnissiea shall be its Board of Director°
Each P.,. ) D.. E ch Die
~~tysl~;~be~t~ledte t~wo-(~aeEte~~~a.ectof shall have
3
113 9
one (1) mete- The governing body of the Commission is its Board of
Directors. Each Member is entitled to two Directors. Each Member is
entitled to one vote to be cast by the elected Director or in his/her absence
the appointed Director or their respective proxies. The Council of each
Party Member shall appoint its two (2) Directors, one (1) of whom shall be
the City Manager or Administrator and the other shall be an elected official
from the Council of the Party Member. Directors shall serve without
compensation from the Commission, but this shall not prevent a Party
Member from providing compensation for its Directors if such
compensation is authorized by the Party Member and by law.
7.2). Proxy voting shall be permitted. Proxies must be designated by a Director
and must be present at the meeting to vote.
7.3) Each Director shall serve until that Director's successor is appointed and
assumes his or her responsibilities. Directors shall serve at the pleasure of
the Council appointing them. When a Council appoints a Director, it shall
give notice of such appointment to the Commission's Secretary/Treasurer.
Such notice shall include the mailing address of the person so appointed.
The names and addresses shown on such notices may be used as the official
names and addresses for the purposes of giving notices of any meetings of
the Commission.
7.4) A majority of the Members shall constitute a quorum of
the Board.
7.5) A vacancy on the Board shall be filled by the Council of the Party Member
whose position on the Board is vacant.
ARTICLE 8.
MEETINGS
8.1) The Commission shall meet at least quarterly and shall hold an annual
organizational meeting in July.
8.2) The Board shall adopt Bylaws governing its procedures, including the time, place,
and frequency of its regular meetings. Such Bylaws may be amended from time to
time.
8.3) Special meetings of the Board may be called (a) by the mden Chair or (b) by the
Operating Committee, or the Board upon written request of the majority of the
Directors. Five (5) days' written notice of special meetings shall be given to the
Directors. Such notice shall include the agenda for the special meeting. Only
matters set forth in the agenda shall be considered at a special meeting.
4
8.4) Notice of regular meetings of the Board shall be given to the Directors by the
Secretary/Treasurer at least seven (7) days in advance and the agenda for such
meetings shall accompany the notice. However, business at regular meetings of the
Board need not be limited to matters set forth in the agenda.
8.5) The Board may conduct business without holding a regular or special meeting if a
majority of members ratify an action in writing (by US Mail, electronic mail or
facsimile). All actions ratified by written consent must be distributed by US Mail,
electronic mail or facsimile to all members of the Board within ten days of the
ratification.
ARTICLE 9.
OFFICERS
9.1) Number, Election, Qualifications - The officers of the Commission shall consist of
a Pr-esiden Chair, Vice President Vice Chair and a Secretary/Treasurer. Each
officer shall be elected at the annual organizational meeting by the Board. The
President and Vice President Chair and Vice Chair shall hold office until the next
for a two-year term and until his/her successor shall have
been elected and have qualified or until his/her earlier disqualification, death,
resignation, or removal. The Secretary/Treasurer's term shall commence on
January 1 of the following year and end on December 31 of that year twenty four
months later. All officers shall be Directors. New officers shall take office at the
adjournment of the annual meeting of the Commission at which they were elected,
with the exception of the Secretary/Treasurer who shall take office on the first day
of January of the following year. Not more than one (1) Director of a Paf4y
Member shall be elected an officer during the same term. Directors of a Pam
Member that have given notice of withdrawal shall not be eligible to become
officers or to vote on the selection of officers. Any officer who ceases to be a
Director shall at the same time cease to be an officer. If re-elected, officers may
serve for more than one year two years.
9.2) Resignation - Any officer of the Commission may resign at any time by giving
written notice of his/her resignation to the Board, to the Beni Chair, or to the
Secretary/Treasurer of this Commission. The resignation shall take effect at the
time, if any, specified therein or, if no time is specified therein, upon receipt
thereof by said Board President Chair, or to the Secretary/Treasurer. The
acceptance of a resignation shall not be necessary to make it effective.
9.3) Removal - Any officer may be removed, with or without cause, by a vote of four-
fifths (4/5) of the total number of Directors, at any meetings of the Board, provided
that such purpose is stated in the notice or waiver of notice of the meeting unless all
of the Directors of this Commission are present at the meeting.
5
9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation,
or removal shall be filled for the unexpired portion of the term in the manner
prescribed herein for election to that office.
9.5) President; VicePresident Chair, Vice Chair - The Pfesiden n Chair shall preside at
all meetings of the Commission and shall perform all duties incident to the office of
Pr,esid n Chair and such other duties as may be delegated by the Commission. The
Vice President Vice Chair shall act as President Chair in the absence of the
went Chair. The Wesident Chair shall be an elected Director and the V4ee
Pr-esid n Vice Chair shall be an appointed Director who shall also serve as
Pr-esid Chair of the Operating Committee.
9.6) Secretary/Treasurer - The Secretary/Treasurer shall be a Director who is a member
of the Operating Committee. He/She shall be responsible for keeping a record of all
of the proceedings of the Commission and Operating Committee. The
Secretary/Treasurer shall send written notice and material pertaining to agenda
items to each Director. He/She shall have custody of the Commission's funds, shall
pay its bills, and keep its financial records, and generally conduct the financial
affairs of the Commission. The Secretary/Treasurer shall be responsible for the
activities provided by Section 6.10. The Secretary/Treasurer shall be responsible
for such other matters as shall be delegated to him/her by the Commission. Orders,
checks, and drafts of the Commission shall be issued in accordance with the
financial practices applicable to the member city from which the
Secretary/Treasurer is elected. In conducting the Commission's financial affairs, the
Secretary/Treasurer shall, at all times, act in accordance with general accepted
accounting principles. The Secretary/Treasurer's reports, including any bills or
claims to be acted upon by the Commission, shall be distributed to all Directors.
Any persons may be engaged to perform such services under the
Secretary/Treasurer's supervision and direction, when authorized by the
Commission.
9.7) Other officers - The Commission may appoint such other officers as it deems
necessary. All such officers shall be Directors.
9.8) Committees - The Commission may appoint such committees as it deems necessary
or desirable to accomplish its purposes.
ARTICLE 10.
OPERATING COM Y[ITTEE
10.1) Qualifications - The Operating Committee shall consist of the City Manager or
Administrator Director appointed by each PaFty Member.
6~
10.2) Authority - The Operating Committee shall have the authority to manage the
property, affairs, and business of the Commission between Commission meetings,
to the extent specifically delegated by the Bylaws or resolution of the Board, but at
all times, shall be subject to the control and direction of the Board.
10.3) Meetings - The Operating Committee shall meet monthly at a time and place to be
determined by the Operating Committee. Special meetings may be called by the
Vie° Pr-esid Vice Chair or by any other two (2) members of the Operating
Committee or by the Commission. The date and place of the special meeting shall
be fixed by the person or persons calling it. At least seventy-two (72) hours' (from
the time of mailing) advance written notice of a special meeting shall be given to all
members of the Operating Committee by the person or persons calling the meeting.
The notice shall state the matters to be considered at the special meeting and only
those matters shall be considered at that meeting.
10.4) Personnel - The Operating Committee shall have authority to hire, supervise, and
discharge full- or part-time employees but their compensation shall be within budget
limitations. The Operating Committee may make any required employer
contributions which local government units are authorized or required to make by
law.
ARTICLE 11.
FINANCIAL MATTERS
11.1) Commission funds may be expended by the Board in accordance with the
procedures established by law for the expenditure of funds by Minnesota statutory
cities. Legal instruments shall be executed with authority of the Board, by any two
(2) officers.
11.2) The financial contributions of the Partices Members in support of the Commission
shall be per capita. Each of the Parties Members shall pay to the Commission an
amount as yet to be determined by the Board annually at its afiftual to
ey.seed $.35 per- eapita by Febfuai=y 15, of eae-h year- based upon the most recent
Metropolitan Council population estimates, heweyeF, no individual n:wnieipahties
shall =lute more than $14,000 per- year, The financial contributions of
Associate Members shall be determined by the Board. These amounts may be used
by the Commission to pay all legal and consultant costs and expenses and other
expenses as approved by the Board. The Board may authorize changes in the per
capita and maximum charge for all members upon majority vote.
11.3) A proposed budget shall be formulated by the Board and submitted to the Parties
Members on or before August 1 of each calendar year. Such budget shall be
deemed approved by a PaFty Member unless, prior to September 15 of the year
involved, the Party Member gives notice in writing to the Board Chair that it is
withdrawing from the Commission. Final action adopting a budget for the ensuing
calendar year shall be taken by the Board on or before November 1 of each year.
7
1$12
11.4) Any Per4y Member may inspect and copy the Commission books and records at any
and all reasonable times. All books and records shall be kept in accordance with
normal and accepted accounting procedures and principles used by Minnesota
statutory cities.
ARTICLE 12.
WITHDRAWAL
12.1) Withdrawal - Any Party Member or Associate Member may withdraw from this
Agreement effective on January 1 of any year by giving notice pursuant to Section 2
of this Article prior to September 15 of the preceding year.
12.2) Notice - In order to effectuate a withdrawal, a Party Member or Associate Member
withdrawing from the Commission shall give written notice to the President Chair
of the Commission, served personally on the Pr-esiden n Chair or addressed to the
President Chair at the address shown on the records of the Commission, and by
giving with such notice, a copy of a resolution of its Council stating its decision to
withdraw from the Commission. The withdrawal shall be effective upon actual
receipt by the President Chair of such notice and resolution. The withdrawing Party
Member shall have the responsibility for such actual receipt by the President Chair.
Upon receipt of such notice and resolution, the President Chair of the Commission
shall forward a copy of the notice and resolution to each Director.
12.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Ply Member
or Associate Member that withdraws from this Commission nor shall there be any
reimbursement for any contribution made or required of the withdrawn Party
Member by this Agreement.
ARTICLE 13.
AMENDMENTS
13.1) Aimeadments This Agreement may be amended by a vete of twe thir-ds e1--o€the
ftumber- of Pai4ies MembeFs at any fneeting of the Bear-d, provided that seeh
purpose is stated in the netiee of the fneefing and the pr-opesed amen"eat is
pr-evided in wr-iting to all Dir-eeter-s at least seven (7) days in advanee of
meeting. For- purposes of amending this Agr-eefneat, eaeh PaFty Mgfflber- is eatit
This agreement may be amended only by the
written approval of the City Councils of each member city.
8
ARTICLE 14.
DISSOLUTION
14.1) Duration of Commission - The Commission shall be dissolved if less than four (4)
Par-ties Members remain, or by operating of state or federal law or regulation, now
or hereafter enacted, or by mutual signed agreement of all of the Parties Members.
14.2) Distribution of Assets - Upon dissolution of the Commission, all remaining assets
of the Commission, after payment of all obligations, shall be distributed among the
Parties Members that are Parties Members to the Agreement at the time of
dissolution, in proportion to their contributions and in accordance with procedures
established by the Commission. The Commission shall continue to exist after
dissolution for such period, no longer than six (6) months, as is necessary to wind
up its affairs, but for no other purposes.
ARTICLE 15.
INDEMNIFICATION
Each member does hereby agree to indemnify and hold harmless the other members against
all loss, damage, liability, claims, suits, judgments, costs and expenses for reason of loss of or
damage to property and injury to or death of persons caused by acts or omissions of each member,
its officers, agents or employees.
9
zlS
State of Minnesota For Board Use Only
Gambling Control Board Amt Pd
Premises Permit Renewal Application
Check #
LG214PPR Printed: 1/18/2000 Date
License Number: B-02760-003 Effective Date: 6/1/1998 Expiration Date: 5/31/2000
Name of Organization: Knights of Columbus Council 7604 Eagan
Gambling Premises Information
Name of the establishment where gambling will be conducted
Starks Saloon Note: Our records show the premises
3125 Dodd Rd is located within the city limits
Eagan, MN 55122
County: Dakota
Lessor Information
Gary Starks
3052 Loon Ln
Eagan, MN 55121
Name of the property owner (If different): Square footage leased per month: 38.00
Rent paid per month: 1,000.00
Square footage leased per bingo occasion:
Rent paid per bingo occasion:
Bingo Activity
Our records indicate that Bingo is not conducted on these premises.
Storage Information
Bank Information
40600"k Eng"n- JAt!a Gambling Bank
n ,,i ~/ff~vfw-- p4e RD, Account Number: 5Lt~SD 7'f
On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits
and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds.
Name Address City, State, Zip Code Title
,0l •y~ 1~~3 .re
4A, z zf~
l~ ~~s~~Z Az 14r,7
(Be sure to complete the reverse side of this application)
This form will be made available in alternative format (ie. large print, braille) upon request. Page I of 2 (Continued on Back)
Acknowledgment Page -2 of 2
Gambling Site Authorization Oath 6. any changes in application information
I hereby consent that local law enforcement I declare that: will be submitted to the board and local
officers, the board or agents of the board, or 1. I have read this application and all unit of government within ten days of
the commissioner of revenue or information submitted to the board is true, the change; and
public safety or agents of the commissioners, accurate, and complete; 7. I understand that failure to provide
may enter the premises to enforce the law. 2. all other required information has been required information or providing false or
Bank Records Information fully disclosed; misleading information may result in the
The board is authorized to inspect the bank 3. 1 am the chief executive officer of the denial or revocation of the license.
records of the gambling account whenever organization;
necessary to fulfill requirements of current 4. 1 assume full responsibility for the fair and
gambling rules and law. lawful operation of all activities to be nd
Organization License Authorization conducted;
I hereby authorize the Gambling Control 5. I will familiarize myself with the laws of Signature of the chief executive
Board to modify the class of organization Minnesota governing lawful gambling and officer (Designee may not sign)
license to be consistent with the class of rules of the board and agree, if licensed, to
permit being applied for. abide by those laws and rules, including
amendments to them; Date
Local Unit of Government Acknowledgment and Approval
an~~~ovi:a r to _
On behalf of the city, I hereby acknowledge this application l Li Q~~
for lawful gambling activity at the premises located within Print n?me o ty
the city's jurisdiction, and that a resolution specifically
approving or denying the application will be forwarded to l( .>L 1VL~ .?L C.c
the applying organization. Signature of city sonnel receiving application
Title Date
Me g ribl~n""'Epr isc5°'ts toc c a 't8 ~ th t an~~ow i i~ "gtt'thYs'a 3Itct "ott F
Ilrc cou ty rttt~tt trivide a M utio y:_
For the township: On behalf of the township, I acknowledge
that the organization is applying to conduct lawful gambling Print name of township
activity within the township limits.
A township has no statutory authority to approve or deny an Signature of township official receiving application
application (Minn. Stat. sec. 349.213, subd. 2).
Title Date
For the county: On behalf of the county, I hereby
acknowledge this application for lawful gambling activity at Print name of county
the premises located within the county's jurisdiction, and
that a resolution specifically approving or denying the
application will be forwarded to the applying organization. Signature of county personnel receiving application
/ /
Title Date
The information requested on this form (and Your name and address will be public Board whose work assignment requires that
any attachments) will be used by the Gambling information when received by the Board. All they have access to the information; the
Control Board (Board) to determine your the other information that you provide will be Minnesota Department of Public Safety; the
qualifications to be involved in lawful gambling private data about you until the Board issues Minnesota Attorney General; the Minnesota
activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance,
in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative
you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling
information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court
supply this information, the Board may not be If the Board does not issue you a license, all the order, other individuals and agencies that are
able to determine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law
consequence, may refuse to issue you a license. of applying for a license remains private, with to have access to the information; individuals
If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order
Board will be able to process your application. will remain public. authorizes a new use or sharing of
information after this notice was given; and
Private data about you are available only to the
following: Board members, staff of the
Minnesota Lawful Gambling
Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221
Name of Legal Owner of Premises Street Address City State Zip Daytime Phone
Name of Lessor Street Address City State Zip Daytime Phone
(If same as legal owner, write in "SAME")
Name of Leased Premises Street Address City Zip Daytime Phone
Name of Lessee (name of organization leasing the premises) GCB license no. of organization Daytime Phone
Rent Information
• Total rent cannot exceed $1,000 per month for all • An organization may not pay rent to itself or to
non-bingo activity for this premises. any of its affiliates for space used for the conduct
• For bingo activity, use lease form LG222. of lawful gambling.
• For pull-tab dispensing machines, use lease form
LG223.
Rent to be paid per month $ l~0 , GG
(if no rent is to be paid, indicate -0-)
Sketch and Dimensions of Leased Area
Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no
of gambling and storage of gambling product at this changes have been made at the site, you do not have to
premises, attach a sketch (drawing) showing: (1) the complete this section or provide a sketch.
leased area(s), and (2) the dimensions.
Dimensions
The leased areas are..6 feet by feet for a total of J , GG square feet.
feet by feet for a total of square feet.
feet by feet for a total of square feet.
Storage O ZJ' feet by J • a feet for a total of 7.7u square feet.
Storag 3 •5 feet by 0/'s feet for a total of . ' GG square feet.
Combined total square feet.
Lawful Gambling Activity
Type of gambling activity that will be conducted at this gambling premises. Check all that apply.
Paddlewheels LZ~L Pull-Tabs Raffles Tipboards
Term of Lease Amended Lease Only
The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur-
the premises permit issued by the Gambling Control ring during the term of the current premises permit,
Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective
the lessor and lessee. / / . Both parties that signed the lease
must initial and date all changes.
Questions on this form should be directed to the Licensing The information requested on this form will become public
Section of the Gambling Control Board (Board) at 651-639- information when received by the Board, and will be used to
4000. This publication will be made available in alternative determine your compliance with Minnesota statutes and rules
format (i.e. large print, Braille) upon request. Hearing impaired governing lawful gambling activities.
individuals using a TTY may call the Minnesota Relay Service Page 1 of 2
at 1-800-627-3529 and ask to place a call to 651-639-4000. 1/99
Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221
LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or
Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part
Prohibited conducted at that site that is due to the lessor's violation of the
prohibited by Minnesota Rules, part provisions listed on this lease.
The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota
will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process
at the premises. organization's agents responsible for
The lessor agrees to arbitration when a
Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is
agents or employees of the lessor. alleged. The arbitrator shall be the CRG.
The lessor, the lessor's immediate family, lessor shall not modify or
and any agents or gambling employees 4. The terminate the lease in whole or in part ACCESS TO PERMITTED PREMISES
of the lessor will not participate as players
in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law
premises. a state or local law enforcement
authority or the board the occurrence Enforcement
Illegal Gambling at the site of illegal gambling activity The board and its agents, the
1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public
against illegal gambling in Minnesota participate. safety and their agents, and law
Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to
penalties for illegal gambling the permitted premises at any
violations in Minnesota Rules, part 1. The lessor will not impose restrictions reasonable time during the business
7861.0050, subpart 3. on the organization with respect to hours of the lessor.
providers (distributors) of gambling-
2. To the best of the lessor's knowledge, related equipment and services or in Organization
the lessor affirms that any and all the use of net profits for lawful The organization has access to the
games or devices located on the purposes. permitted premises during any time
premises are not being used, and are reasonable and when necessary for the
not capable of being used, in a 2. The lessor, the lessor's immediate conduct of lawful gambling on the
manner that violates the prohibitions family, and any agents or employees remises.
against illegal gambling in Minnesota of the lessor will not require the premises.
Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED
penalties for illegal gambling that would violate statute or rule.
violations in Minnesota Rules, part 3. If there is a dispute as to whether any The lessor shall maintain a record of all
7861.0050, subpart 3. of these lease provisions have been money received from the organization,
violated, the lease will remain in effect and make the record available to the
3. Notwithstanding Minnesota Rules, pending a final determination by the board and its agents, the commissioners
part 7861.0050, subp. 3, an Compliance Review Group (CRG) of of revenue and public safety and their
organization must continue making the Gambling Control Board. agents upon demand. The record shall
rent payments, pursuant to the terms
of the lease, if the organization or its be maintained for a period of 3-1/2 years.
OTHER OBLIGATIONS AND AGREEMENTS - Attachment
All obligations and agreements between the organization and the lessor are contained in or attached to this lease.
(Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor d
the lessee.)
- If
'o, This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between
the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to
the Gambling Con rol oard t n days prior to the effective date of the hange.
3 ~3 ov
Signature of L sor ate i nature of Organization Official (Lessee) Date
)a P S 4g-4ie jT bfgyib fjoslqCK (rte >~nid
Print Name rid Title of Lessor Print Name and Title of Lessee
Page 2 of 2
1/99
~J Z ,O. f44//
f/.~rT t~eW
A~ ~7v'C1E
~L T BS - b ~
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a ~ ~o
_
I
I
i
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,FP/CE
IHiHJI IQ H R Q STOAW
Pii'X AJ
Sd~
D ~
State of Minnesota For Board Use Only
Gambling Control Board Amt. Pd
Premises Permit Renewal Application
Check #
LG214PPR Printed: 1/18/2000 Date
License Number: B-02760-001 Effective Date: 6/1/1998 Expiration Date: 5/31/2000
Name of Organization: Knights of Columbus Council 7604 Eagan
Gambling Premises Information
Name of the establishment where gambling will be conducted
Richards Food & Liquors Note: Our records show the premises
4185 S Robert Tr is located within the city limits
Eagan, MN 55123
County: Dakota
Lessor Information
~97s~
Name of the property owner (If different): Square footage leased per month: 420
Rent paid per month: 1,000.00
Square footage leased per bingo occasion:
Rent paid per bingo occasion:
Bingo Activity
Our records indicate that Bingo is not conducted on these premises.
Storage Information
~6~~ ~:i~/ /One- iow"Aix, ,s 22$ -
Z Jar ur ~ yA.zs~ 5/Fl ,~.fz. may. ~7' -7,
Bank Information
1411(/A10 ~f- I i f r k' Gambling Bank
ll~ y k~ p t RQ Account Number: 7r1
'7f/
On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits
and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds.
Name Address City, State, Zip Code Title
er r .4' Z2 f7 -
(Be sure to complete the reverse side of this application)
This form will be made'available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back)
Acknowledgment Page, 2 oft
Gambling Site Authorization Oath 6. any changes in application information
I hereby consent that local law enforcement I declare that: will be submitted to the board and local
officers, the board or agents of the board, or 1. I have read this application and all unit of government within ten days of
the commissioner of revenue or information submitted to the board is true, the change; and
public safety or agents of the commissioners, accurate, and complete; 7. 1 understand that failure to provide
may enter the premises to enforce the law. 2. all other required information has been required information or providing false or
Bank Records Information fully disclosed; misleading information may result in the
The board is authorized to inspect the bank 3. 1 am the chief executive officer of the denial or revocation of the license.
records of the gambling account whenever organization; --~2
necessary to fulfill requirements of current 4. 1 assume full responsibility for the fair and
gambling rules and law. lawful operation of all activities to be z
Organization License Authorization conducted;
I hereby authorize the Gambling Control 5. I will familiarize myself with the laws of ature of the chief executive
Board to modify the class of organization Minnesota governing lawful gambling and officer (Designee may not sign)
license to be consistent with the class of rules of the board and agree, if licensed, to
permit being applied for. abide by those laws and Hiles, including 3
amendments to them; Date
Local Unit of Government Acknowledgment and Approval
ngp i' within city .t" 8mc'c'ity m ri this app
On behalf of the city, I hereby acknowledge this application a e
for lawful gambling activity at the premises located within Print name city
the city's jurisdiction, and that a resolution specifically
approving or denying the application will be forwarded to
L'UC !L C.~ 11,
the applying organization. Si ature of city pers nnel receiving application
l' C 03 /1 / (27L,
Title Date
fthe'wflMri8 presi ist4 s"Iocated in tb ip, bi`th the. ty Arid toff p rn isf5igti "ffi1kaiion'"'-
IL- Thgaounty must provide a resolution
ra+rvr. _ - t_.+$..w..-.,..w..s. `.~'.'~r~ :~srr-~r.+.~ei+.~:rf.:' .~T' ,':k': "•ei'Ya, ~«y..~.~mY1~Ra~,s.~,[GY'nS« ~..._.....For the township: On behalf of the township,
I acknowledge
that the organization is applying to conduct lawful gambling Print name of township
activity within the township limits.
A township has no statutory authority to approve or deny an Signature of township official receiving application
application (Minn. Stat. sec. 349.213, subd. 2).
Title Date
For the county: On behalf of the county, I hereby
acknowledge this application for lawful gambling activity at Print name of county
the premises located within the county's jurisdiction, and
that a resolution specifically approving or denying the
application will be forwarded to the applying organization. Signature of county personnel receiving application
Title Date
The information requested on this form (and Your name and address will be public Board whose work assignment requires that
any attachments) will be used by the Gambling information when received by the Board. All they have access to the information; the
Control Board (Board) to determine your the other information that you provide will be Minnesota Department of Public Safety; the
qualifications to be involved in lawful gambling private data about you until the Board issues Minnesota Attorney General; the Minnesota
activities in Minnesota, and to assist the Board your license. When the Board issues your Commissioners of Administration, Finance,
in conducting a background investigation of license, all of the information that you have and Revenue; the Minnesota Legislative
you. You have the right to refuse to supply the provided to the Board in the process of Auditor, national and international gambling
information requested; however, if you refuse to applying for your license will become public. regulatory agencies; anyone pursuant to court
supply this inlbnnation, the Board may not be If the Board does not issue you a license, all the order, other individuals and agencies that are
able to determine your qualifications and, as a information you have provided in the process specifically authorized by state or federal law
consequence, may refuse to issue you a license. of applying for a license remains private, with to have access to the information; individuals
If you supply the information requested, the the exception of your name and address which and agencies for which law or legal order
Board will be able to process your application. will remain public. authorizes a new use or sharing of
information after this notice was given; and
Private data about you are available only to the
following: Board members, staff of the
-Minnesota Lawful Gambling
Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221
Name of Legal Owner of Premises Street Address City State Zip Daytime Phone
Name of Lessor Street Address City State Zip Daytime Phone
(if same as legal owner, write in "SAME")
S~.f
N of Leased Premises Street Address City Zip Daytime Phone
72 Name of Lessee (name of organ' ion leasing the premises) GCB license no. of organiz Lion Daytime Phone
A~ - a,440 WY 'of -D.? 7/ 6s l ~~7~~~
Rent Information
• Total rent cannot exceed $1,000 per month for all • An organization may not pay rent to itself or to
non-bingo activity for this premises. any of its affiliates for space used for the conduct
• For bingo activity, use lease form LG222. of lawful gambling.
• For pull-tab dispensing machines, use lease form
LG223.
Rent to be paid per month $ /
(if no rent is to be paid, indicate -0-) ~D' QQ
Sketch and Dimensions of Leased Area
Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no
of gambling and storage of gambling product at this changes have been made at the site, you do not have to
premises, attach a sketch (drawing) showing: (1) the complete this section or provide a sketch.
leased area(s), and (2) the dimensions.
Dimensions
The leased areas / feet by -D feet for a total of square feet.
b • feet by jf~, feet for a total of square feet.
feet by feet for a total of square,feet.
Storage feet by feet for a total of square feet.
Storage feet by feet for a total of square feet.
Combined total 1'! s square feet.
Lawful Gambling Activity
Type of gambling activity that will be conducted at this gambling premises. Check all that apply.
Paddlewheels Pull-Tabs Raffles Tipboards
Term of Lease Amended Lease Only
The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur-
the premises permit issued by the Gambling Control ring during the term of the current premises permit,
Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective
the lessor and lessee. / / . Both parties that signed the lease
must initial and date all changes.
Questions on this form should be directed to the Licensing The information requested on this form will become public
Section of the Gambling Control Board (Board) at 651-639- information when received by the Board, and will be used to
4000. This publication will be made available in alternative determine your compliance with Minnesota statutes and rules
format (i.e. large print, Braille) upon request. Hearing impaired governing lawful gambling activities.
individuals using a TTY may call the Minnesota Relay Service Page 1 of 2
at 1-800-627-3529 and ask to place a call to 651-639-4000. 1/99
Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221
I LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or
Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part
Prohibited conducted at that site that is due to the lessor's violation of the
prohibited by Minnesota Rules, part provisions listed on this lease.
The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota
will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process
at the premises. organization's agents responsible for The lessor agrees to arbitration when a
Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is
The lessor, the lessor's immediate family, agents or employees of the lessor. alleged. The arbitrator shall be the CRG.
,
and any agents or gambling employees 4. The lessor shall not modify or ACCESS TO PERMITTED PREMISES
of the lessor will not participate as players terminate the lease in whole or in part
in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law
premises. a state or local law enforcement Enforcement
authority or the board the occurrence
Illegal Gambling at the site of illegal gambling activity The board and its agents, the
1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public
against illegal gambling in Minnesota participate. safety and their agents, and law
Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to
penalties for illegal gambling the permitted premises at any
violations in Minnesota Rules, part 1. The lessor will not impose restrictions reasonable time during the business
7861.0050, subpart 3. on the organization with respect to hours of the lessor.
providers (distributors) of gambling-
2. To the best of the lessor's knowledge, related equipment and services or in Organization
the lessor affirms that any and all the use of net profits for lawful The organization has access to the
games or devices located on the purposes. permitted premises during any time
premises are not being used, and are reasonable and when necessary for the
not capable of being used, in a 2. The lessor, the lessor's immediate conduct of lawful gambling on the
manner that violates the prohibitions family, and any agents or employees
against illegal gambling in Minnesota of the lessor will not require the premises.
Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED
penalties for illegal gambling that would violate statute or rule.
violations in Minnesota Rules, part 3. If there is a dispute as to whether any The lessor shall maintain a record of all
7861.0050, subpart 3. of these lease provisions have been money received from the organization,
violated, the lease will remain in effect and make the record available to the
3. Notwithstanding Minnesota Rules, board and its agents, the commissioners
part 7861.0050, subp. 3, an pending a final determination by the of revenue and public safety and their
organization must continue making Review Group (CRG) of
9 agents upon demand. The record shall
rent payments, pursuant to the terms the Gambling Control Board. be maintained for a period of 3-1/2 years.
of the lease, if the organization or its
OTHER OBLIGATIONS AND AGREEMENTS - Attachment
All obligations and agreements between the organization and the lessor are contained in or attached to this lease.
(Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and
the lessee.)
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between
the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to
the Gambling Control Board tej days prior to the effective date of the ch nge.
3,13
- 00
Signature of Lessor Date S re of Organization Official (Lessee) Date
/cy -7r a-~~ V r L4 -1 v ib N o v,4GK
Print Name and Title of Lessor Print Name and Title of L ee
Page 2 of 2
1 /99
~l«yarn ~Qva
Pry, o D o
ORDER TO REMOVE HAZARDOUS
CONDITIONS OF BUILDING/PROPERTY
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was
duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on Tuesday,
March 21, 2000, at 6:30 p.m.
The following members were present: Awada, Bakken, Blomquist, Carlson and Masin; the
following were absent: none.
WHEREAS, under the authority of Minn. Stat. §§463.15 through 463.261, the Eagan
City Council reviewed and considered the evidence presented in the Affidavit of Doug Reid,
which the City Council adopts by reference and incorporates as a part hereof. Based upon the
evidence, the City Council makes the following:
FINDINGS OF FACT
1. On Sunday, February 13, 2000, the Eagan Fire Department responded to a fire at
4391 Garden Trail in the City of Eagan, with the legal description of Lot 2, Block
1, Wilderness Run, 2nd Addition (hereinafter the "Property"). The fee owner is
Aliesia Quinn. The fire at the Property was contained to the attached garage
which was essentially destroyed. The fire wall between the garage and the house
was severely damaged due to the fire.
2. Immediately following the extinction of the fire, Eagan Fire Marshal, Dale
Wegleitner, learned that the Property did have water, but no natural gas service.
Dakota Electric Association disconnected the electrical service on February 28,
2000 at 19:22 hours as a result of the property owner illegally tampering with the
meter.
Due to the cold weather and no natural gas supplied to this residence, the City
turned the water off. Use of electric heaters was not sufficient to keep the pipes
from freezing.
Corrigan Electric installed a temporary 60 amp panel with two breakers and one
outlet with GFI.
3. On February 18, 2000, Eagan Building Inspector Craig Novaczyk and Fire
Marshal, Dale Wegleitner, conducted a follow-up inspection and discovered the
property owner had wired the new electrical service panel for temporary electrical
service to the house. The temporary service panel and wiring constitutes a
hazardous and unsafe condition. Building Inspector Novaczyk and Fire Marshal
Wegleitner advised the property owner that the home is in an unsafe condition
and advised that the home should not be occupied until the hazardous and unsafe
conditions are removed. The property owner stated that they are not living at the
Property. Fire Marshal Wegleitner took photographs of the temporary electrical
service box and wiring.
4. During the inspection, the Fire Marshal and Building Inspector discovered the
following: Due to the fire the main electrical was damaged. Corrigan Electric
installed a 60 amp panel with one outlet and two circuit breakers. Someone then
added three additional electrical lines to this panel box. The property owner had
installed a temporary panel service box with no cover and all wires exposed. The
temporary panel box is served by wires from the damaged main electrical service
box into the temporary service panel box which then also serves temporary
sockets. The main electrical service box and the electrical wiring in connection
with the temporary service panel box do not meet State Electrical Codes.
The property owner was using the oven to heat the house due to no gas service to
the house for the furnace.
5. On February 29, 2000, Fire Marshal Dale Wegleitner and State Electrical
Inspector Marty Kumm attempted to conduct a second inspection. Mr. Wegleitner
and Mr. Kumm were unable to gain access to the Property. Upon arrival at the
Property, Mr. Wegleitner and Mr. Kumm found a note pinned to the front door
which read "Attention Fire Marshal - we didn't wait at the house today because
we shut the electricity off so that the electrician could begin rewiring." . Mr.
Kumm reviewed the photographs taken by Mr. Wegleitner at the February 18,
2000 inspection. A copy of a correspondence from the State Electrical Inspector
addressing the hazards of the electrical wiring in the house is attached hereto as
Exhibit A.
Fire Marshal Wegleitner had learned on the previous day, February 28, 2000, that
Dakota Electric turned off the service to the Property because the electrical meter
was altered and caused a power outage on the entire block.
6. The fire wall between the garage and the house was extensively damaged during
the fire. Additionally, the fire wall was breached and penetrated due to the
installation of the temporary electrical wiring. The State Fire Code and Building
Code require that the wall between the garage and house must be of fire-resistive
construction and the fire-resistive construction shall not be altered, breached or
penetrated. Fire-resistive construction includes fire-rated gypsum wallboard walls;
the damaged and penetrated gypsum wallboard on the Property shall be replaced
to the required level of fire resistance using a listed repair system or using
materials and methods equivalent to the original construction.
7. Additionally, the house on the Property does not have any working smoke
detectors and thus, smoke detectors must be installed on the Property.
2
8. During inspections of the Property, it was discovered that the room in which the
furnace and hot water heater are located had combustibles located therein. Section
1107 of the Fire Code requires that heating appliances, including a furnace and
hot water heater, must be free of or have a clearance from combustible materials.
All combustible materials located in the room in which the furnace and hot water
heater are located must be removed in order to remove the hazardous condition.
9. Finally, the Uniform Building Code requires the Property be equipped with hot
and cold running water, as well as heating facilities capable of maintaining a room
temperature of 70° in all habitable rooms. Because the water and natural gas
services to the Property have been shut off, and have been shut off for an
extended period of time prior to the date of the fire, the home on the Property is
not in a sanitary or safe condition.
WHEREAS, based upon the foregoing Findings of Fact, the City Council for the City of
Eagan concludes that the homestead structure on the above-entitled Property is in a hazardous and
unsafe condition and that an Order against the owner of the Property to correct, repair or remove the
hazardous conditions of the homestead structure is necessary to protect the public health, safety and
welfare.
NOW, THEREFORE, the City Council of the City of Eagan hereby orders Aliesia Quinn,
the fee owner of the Property, to correct, repair and remove the hazardous conditions of the
homestead structure on the Property as follows:
1. Gas service must be restored to the Property to supply the furnace and hot water
heater in accordance with Uniform Building Code Section 310.11 as to maintain a
room temperature of 70° for all habitable rooms;
2. Water service must be restored to the Property for proper sanitation in accordance
with Uniform Building Code Section 2902.6 which requires each sink, lavatory,
and either a bath tub or shower equipped with hot and cold running water;
3. The fire wall between the house and the garage must be removed and replaced in
accordance with Fire Code Section 1111; and
4. All electrical service and wiring shall be repaired in accordance with the State
Electrical Code.
FURTHER, the City Council of the City of Eagan hereby orders that Aliesia Quinn, the fee
owner of the Property, shall comply with this Order and all building, fire, mechanical, electrical and
other related laws, codes and regulations no later than twenty (20) days from the date of service of
this Order upon Aliesia Quinn, the fee owner of the property.
3
J
FURTHER, the City Council of the City of Eagan hereby notifies Aliesia Quinn, the fee
owner of the property, the following:
A MOTION FOR SUMMARY ENFORCEMENT OF THIS ORDER WILL
BE MADE TO AND FILED WITH THE DISTRICT COURT OF DAKOTA
COUNTY UNLESS COMPLIANCE WITH THIS ORDER IS COMPLETED
BY THE DATE FOR COMPLAINCE AS SET FORTH HEREIN OR AN
ANSWER IS FILED WITHIN TWENTY (20) DAYS FROM THE DATE OF
SERVICE IN ACCORDANCE WITH THE EQURIEEMTNS OF MINN.
STAT. §463.18.
Patricia E. Awada, Mayor
ATTEST:
E. J. VanOverbeke, Clerk
The motion for the adoption of the foregoing Order was made and duly seconded by
Members and , respectively, and upon vote being taken thereon,
the following voted in favor: Awada, Bakken, Blomquist, Carlson and Masin, and the following
voted against the same: none.
WHEREUPON, this Order was declared duly passed and adopted and was signed by the
Mayor and her signature attested by the City Clerk.
4
• 03'03'00 0? : 54 EA.GAN ENG-COM DEJ EEUERSCt - 22 -
• 6124407455
91/67/1996 07:38 6124407455 MARTv Kl,1t''M. PAGE Z2
Marty Kumrn
Electricsi Area Repcesentattve
6820 147th Street
Prior take,'! 5 5 372
(612) 440-7455
Thursday, March 2, 2000
Julie Jorgenson, Customer Service Lead
Dakota Electric
4300 220''' Street West
Farmington, Minnesota 55024
Dear Julie Jorgenson
On February 24. 2000 and again on February 29. 2000, the City of Eagan's Fire Marshall, Dale
Wegleitner requested me to inspect a residence, at 4391 Garden Trail in Eagan, which was a site of a
recent fire. Dale Wegleitner is concerned, because the owner is living in the home and the home had not
yet been repaired. The homeowner hired an electrical'corttractor to install a temporary service panel off
the existing electrical meter and then someone extended new wiring from the new temporary service
panel. This wiring was preformed in a hazardous manner and is an immediate life safety hazard Although,
on both visits Dale and I were unable to gain access to the home, Dale had seven photos from another
visit he made to the home on Feebruary 24. 2000. From these photos, I was able to determine that the
wiring presented an immediate He safety hazard. The photos revealed the following violations of the
1999 National Electricj.l, Code:
1. The temporary service panel has no dead front cover installed and the cover can not be installed
because the wiring been wired in a manner that will not permit the cover to be installed property.
This present an immediate life safety hazard because it leaves the energized parts of the panel
exposed and anyone can come in accidental contact with these energized parts receiving a life
threatening shock. The wiring does not comply with the requirements of NFPA 70 (National
Electrical Code) section 384-18, that states, "Panelboards shall be mounted in cabinets, cutout
boxes, or enclosures designed for the purpose and shall be dead front."
2. Where the cables enter the enclosures for the temporary panel, the cable must be securely fasten
to the enclosure and the opening that the cables enter must be effectively closed. The cables now
enter the enclosure through either the front the where the cover should be installed or through
rough openings knocked out through the enclosure walls. Going through the openings with rough
sharply edged metal subjects the cable to abrasion that might result in an electrical short to the
enclosure. The wiring does not comply with the requirements of NFPA 70 (National Electrical
Code) section 373-5 that states "Conductors entering enclosures within the scope of this article
shall be protected from abrasion and shall comply with (a) through (c)
(a) Openings to Be Closed. Openings through which conductors enter shall be adequately closed.
(b) Metal Cabinets, Cutout Boxes, and Meter Socket Enclosures. Where metal enclosures within
the scope of this article are installed with open wiring or concealed knob-and-tube wiring.
conductors shall enter through insulating bushings or, in dry locations, through flexible tubing
extending from the last insulating support and firmly secured to the enclosure.
EXHIBIT A
PAGE 1 OF 2
•03/03/00 07:54 EAGPN ENG+COM DEL 4 SEL)ERSCr; rcd3~0~'
61242407455
•e1/07/1996 07:38 6124407455 MAPTV KL M PAGE 03
• ~NI;C Jni1 , Yi
avvto0ro
NCO 7 fit z
(c) Cables. Where cable is used, each cable shall be secured to the cabinet, cutout box, or meter
socket enclosure."
3. The branch circuit wiring that extends from the temporary panel has the equipment grounding
conductors cut off. This means there is no way to effectively ground the equipment that these
circuits feed. These present a significant shock hazard to anyone who uses such equipment. The
wiring does not comply with the requirements of NFPA 70 (National Electrical Code) section
250-2(b). That states, "Conductive materials enclosing electrical conductors or equipment, or
forming part of such equipment, shall be connected to earth so as to limit the voltage to ground
on these materials. Where the electrical system is required to be grounded, these materials shall be
connected together and to the supply system grounded conductor as specified by this article.
Where the electrical system is not solidly grounded, these materials shall be connected together in
a manner that establishes an effective path for fault current."
4. The cables use for this wiring are ran exposed and in a non-workman like ruanncr The cables are
not properly supported and are not protected from physical damage. The cables are run between
the house and the garage by going through a 36" steel garage entry door. When the steel door
shuts on the cables, it crushes the insulation of the wiring creating a shock and fire hasrard The
wiring does not comply with these requirements of NFFA 70 (National Electrical Code) section
336-6.
Minnesota State law requires that a licensed electrical contractor or the owner that is going to perform
the work file a Request for Inspection certificate with the Board of Electricity, before installing any new
wiring or making any correction, alterations or repairs to the existing wiring. No Request for Inspection
has been filed on the temporary wiring that has been preformed as required by Minnesota Statue §
326.244 In addition, no inspection has ever been made of this wiring. The photographs revealed several
immediate life safety and fire hazads-
NOW, THEREFORE, IT IS ORDERED that, pursuant to Minnesota Statutes § 326.244, subdivision 2,
and Minnesota Rules Part 3800.3680. the above, described premises which is disconnected. shall remain
disconnected by the electrical utility, and shall not reconnect the installation until authorized by the board.
if you have any questions concerning this matter, please contact me at (612) 440-7455.
Sincerely,
Minnesota State Board of Electricity
Area Ma u tan,
Z
Electrical Representative
cc. File No. 01.20003 02.01
John 1. Williamson, Director of Inspections
Mark Anderson, Contract Electrical Inspector
Dale Wegleitner, Fire Marshal, City of Eagan
EXHIBIT A
PAGE 2 OF 2
STATE OF MINNESOTA)
) ss. AFFIDAVIT OF DOUG REID
COUNTY OF DAKOTA )
I, Doug Reid, being first duly sworn upon oath, states and alleges as follows:
1. That I am the Chief Building Official for the City of Eagan and have worked in
this capacity since 1987.
2. Based upon my investigation, review of the pertinent reports and correspondence
by and communications with the Eagan Fire Marshall, State Electrical Inspector and other
representatives of involved agencies or entities, and all other information obtained by me, I have
learned the following facts:
A. On Sunday, February 13, 2000, the Eagan Fire Department responded to a fire at
4391 Garden Trail in the City of Eagan, with the legal description of Lot 2, Block
1, Wilderness Run, 2nd Addition (hereinafter the "Property"). The fee owner is
Aliesia Quinn. The fire at the Property was contained to the attached garage
which was essentially destroyed. The fire wall between the garage and the house
was severely damaged due to the fire.
B. Immediately following the extinction of the fire, Eagan Fire Marshal, Dale
Wegleitner, learned that the Property did have water, but no natural gas service.
Dakota Electric Association disconnected the electrical service on February 28,
2000 at 19:22 hours as a result of the property owner illegally tampering with the
meter.
Due to the cold weather and no natural gas supplied to this residence, the City
turned the water off. Use of electric heaters was not sufficient to keep the pipes
from freezing.
Corrigan Electric installed a temporary 60 amp panel with two breakers and one
outlet with GFI.
C. On February 18, 2000, Eagan Building Inspector Craig Novaczyk and Fire
Marshal, Dale Wegleitner, conducted a follow-up inspection and discovered the
property owner had wired the new electrical service panel for temporary electrical
service to the house. The temporary service panel and wiring constitutes a
hazardous and unsafe condition. Building Inspector Novaczyk and Fire Marshal
Wegleitner advised the property owner that the home is in an unsafe condition
and advised that the home should not be occupied until the hazardous and unsafe
conditions are removed. The property owner stated that they are not living at the
Property. Fire Marshal Wegleitner took photographs of the temporary electrical
service box and wiring.
D. During the inspection, the Fire Marshal and Building Inspector discovered the
following: Due to the fire the main electrical was damaged. Corrigan Electric
installed a 60 amp panel with one outlet and two circuit breakers. Someone then
added three additional electrical lines to this panel box. The property owner had
installed a temporary panel service box with no cover and all wires exposed. The
temporary panel box is served by wires from the damaged main electrical service
box into the temporary service panel box which then also serves temporary
sockets. The main electrical service box and the electrical wiring in connection
with the temporary service panel box do not meet State Electrical Codes.
The property owner was using the oven to heat the house due to no gas service to
the house for the furnace.
E. On February 29, 2000, Fire Marshal Dale Wegleitner and State Electrical
Inspector Marty Kumm attempted to conduct a second inspection. Mr. Wegleitner
and Mr. Kumm were unable to gain access to the Property. Upon arrival at the
Property, Mr. Wegleitner and Mr. Kumm found a note pinned to the front door
which read "Attention Fire Marshal - we didn't wait at the house today because
we shut the electricity off so that the electrician could begin rewiring." . Mr.
Kumm reviewed the photographs taken by Mr. Wegleitner at the February 18,
2000 inspection. A copy of a correspondence from the State Electrical Inspector
addressing the hazards of the electrical wiring in the house is attached hereto as
Exhibit A.
Fire Marshal Wegleitner had learned on the previous day, February 28, 2000, that
Dakota Electric turned off the service to the Property because the electrical meter
was altered and caused a power outage on the entire block.
F. The fire wall between the garage and the house was extensively damaged during
the fire. Additionally, the fire wall was breached and penetrated due to the
installation of the temporary electrical wiring. The State Fire Code and Building
Code require that the wall between the garage and house must be of fire-resistive
construction and the fire-resistive construction shall not be altered, breached or
penetrated. Fire-resistive construction includes fire-rated gypsum wallboard walls;
the damaged and penetrated gypsum wallboard on the Property shall be replaced
to the required level of fire resistance using a listed repair system or using
materials and methods equivalent to the original construction.
G. Additionally, the house on the Property does not have any working smoke
detectors and thus, smoke detectors must be installed on the Property.
2
H. During inspections of the Property, it was discovered that the room in which the
furnace and hot water heater are located had combustibles located therein. Section
1107 of the Fire Code requires that heating appliances, including a furnace and
hot water heater, must be free of or have a clearance from combustible materials.
All combustible materials located in the room in which the furnace and hot water
heater are located must be removed in order to remove the hazardous condition.
1. Finally, the Uniform Building Code requires the Property be equipped with hot
and cold running water, as well as heating facilities capable of maintaining a room
temperature of 70° in all habitable rooms. Because the water and natural gas
services to the Property have been shut off, and have been shut off for an
extended period of time prior to the date of the fire, the home on the Property is
not in a sanitary or safe condition.
3. The home on the Property constitutes a fire hazard and a hazard to public safety
and health, as well as the safety and health of any occupants, because of the physical damage to
the fire wall between the house and the garage, the physical damage to the electrical service box
and the temporary electrical wiring subsequent to the fire and the unsanitary and unsafe
conditions due to the lack of water and gas service to the home.
4. To remove or correct the hazardous conditions of the Property, the following must
occur:
A. Gas service must be restored to the Property to supply the furnace and hot water
heater in accordance with Uniform Building Code Section 310.11 as to maintain a
room temperature of 70° for all habitable rooms;
B. Water service must be restored to the Property for proper sanitation in accordance
with Uniform Building Code Section 2902.6 which requires each sink, lavatory,
and either a bath tub or shower equipped with hot and cold running water;
C. The fire wall between the house and the garage must be removed and replaced in
accordance with Fire Code Section 1 111; and
D. All electrical service and wiring shall be repaired in accordance with the State
Electrical Code.
3
FURTHER YOUR AFFIA.NT SAYETH NOT.
Doug Reid
Subscribed and sworn to before me
this JJJ2'day of 2000.
^ vim. LOLA L. VEENKER
NOL+.RY PUBLIC - MINNESOTA
C? Z M~ CO61M;3SOM EXPIRES 1.31-2005
Notary rublic
4
03/03/00 07:54 EAGAN ENG+COM DEL) 4 SEVERSON ;0.!03 P002/0C3
612440745S
01/67/1996 07:38 6124407455 MARTv KUMM PAGE. 02
Marty Kurn n
Elect:icai Area RrpresentstlVe
6820 147th Street
Prior Lake, MN 5 s 372
(612) 440-7455
Thursday, March 2, 2000
Julie Jorgenson, Customer Service Lead
Dakota Electric
4300 220°/ Street West
Farmington, Minnesota 55024
Dear Julie Jorgenson
On February 24, 2000 and again on February 29, 2000, the City of Eagan's Fire Marshall, Dale
Wegleitner requested me to inspect a residence, at 4391 Garden Trail in Eagan, which was a site of a
recent fire. Dale Wegleitner is concerned, because the owner is living in the home and the home had not
yet been repaired. The homeowner hired an electrical 'contractor to install a temporary service panel off
the existing electrical meter and then someone extended new wiring from the new temporary service
panel. This wiring was preformed in a hazardous manner and is an immediate lift safety hazard Although,
on both visits Dale and I were unable to gain access to the horde, Dale had seven photos from another
visit he made to the home on F.-bruary 24, 2000. From these photos. I was able to determine that the
wiring presented an immediate life safety hazard. The photos revealed the following violations of the
1999 National Electrical Code:
t. The temporary service panel has no dead front cover installed and the cover can not be installed
because the wiring been wired in a manner that will not permit the cover to be installed properly.
This present an immediate life safety hazard because it leaves the energized parts of the panel
exposed and anyone can come in accideatal contact with these energized parts receiving a life
threatening shock The wiring does not comply with the requirements of NFPA 70 (National
Electrical Code) section 384-18, that states, "Panelboards shall be mounted in cabinets, cutout
boxes, or enclosures designed for the purpose and shall be dead from."
2. Where the cables enter the enclosures for the temporary panel, the cable must be securely fasten
to the enclosure and the opening that the cables enter must be effectively closed. The cables now
enter the enclosure through either the front the where the cover should be installed or through
rough openings knocked out through the enclosure walls. Going through the openings with rough
sharply edged metal subjects the cable to abrasion that might result in an electrical short to the
enclosure. The wiring does not comply with the requirements of NFPA 70 (National Electrical
Code) section 373-5 that states "Conductors entering enclosures within the scope of this article
shall be protected from abrasion and shall comply with (a) through (c).
(a) Openings to Be Closed. Openings through which conductors enter shall be adequately closed.
(b) Metal Cabinets, Cutout Boxes, and Meter Socket Enclosures. Where metal enclosures within
the scope of this article are installed with open wiring or concealed knob-and-tube wiring,
conductors shall enter through insulating bushings or, in dry locations, through flexible tubing
extending from the last insulating support and firmly secured to the enclosure.
EXHIBIT A
PAGE 1 OF 2
03/03/00 07:54 EAGAN ENG+COM DEL) 4 SEL)ERSON N0.103 P003/003
612440'745$
•01/07/1996 07:3e 6124497455 MARTV KL14" PAGE e3
JNI1t Jew~,vi4,n
O.VV2aro
rfto2nr2
(c) Cables. Where cable is used, each cable shall be secured to the cabinet, cutout box, or meter
socket enclosure."
3. The branch circuit wiring that extends from the temporary pantl has the cquipmem grounding
conductors cut off. This means there is no way to effectively ground the equipment that these
circuits feed. These present a significant shock hazard to anyone who uses such equipment. The
wiring does not comply with the requirements of NFPA 70 (National Electrical Code) section
250-2(b). That states, "Conductive materials enclosing electrical conductors or equipment, or
forming part of such equipment, shall be connected to earth 30 as to limit the voltage to ground
on these materials. Where the electrical system is required to be grounded, these materials shall be
connected together and to the supply system grounded conductor as specified by this article.
Where the electrical system is not solidly grounded, these materials shall be connected together in
a manner that establishes an effective path for fault current."
4. The cables use for this wiring are ran exposed and in a non-workman like rmanner. The cables are
not properly supported and are not protected from physical damae. The cables are run between
the house and the garage by going through a 36" steel garage entry door. When the steel door
shuts on the cables, it crushes the insulation of the wiring creating a shock and fire haszard_ The
wiring does not comply with these requirements ofNFPA 70 (National Electrical Code) section
336-6.
Minnesota State law requires that a licensed electrical contractor or the owner that is going to perform
the work file a Request for Inspection certificate with the Board of Electric iry, before installing any new
wiring or making any correction, alterations or repairs to the existing wiring. No Request for Inspection
has been filed on the temporary wiring that has been preformed as required by Minnesota Statue §
326.244. In addition, no inspection has ever been made of this wiring. The photographs revealed several
immediate life safety and fire hazards.
NOW, THEREFORE, IT IS ORDERED that, pursuant to Minnesota Statutes § 326.244, subdivision 2,
and Minnesota Rules Pan 3800.3680, the above, described premises which is disconnected, shall remain
disconnected by the electrical utility, and shall not reconnect the installation until authorized by the board.
if you have any questions concerning this matter, please contact me at (612) 440-7455.
Sincerely,
Minnesota State Board of Electricity
Ma Ku m,
Area Electrical Representative
cc: File No. 01.2000302.01
John 1. Williamson, Director of Inspections
Mark Anderson, Contract Electrical Inspector
Dale Wegleitner, Fire Marshal, City of Eagan
EXHIBIT A
PAGE 2 OF 2
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Sharon K. Hills, Assistant City Attorney
DATE: March 15, 2000
RE: 4391 Garden Trail - Hazardous Building
Our File No. 206-17643
On Sunday, February 13, 2000, the residential property at 4391 Garden Trial had a fire which
was contained to the attached garage which was essentially destroyed. Immiediately following
the extingtion of the fire and on several subsequent days, Eagan Fire Marshal, Dale Wegleitner,
conducted inspections of the property. Based upon the information obtained from the property
inspections, the State Electrical Inspector, Dakota Electric Association and other involved
agencies or entities, Eagan Chief Building Official, Doug Reid, concluded that the house
structure at 4391 Garden Trail constitutes a hazardous building under Minnesota statutory and
regulatory laws.
Please find attached with this Memorandum a copy of the Affidavit of Doug Reid, in addition to
a proposed Order to Remove Hazardous Conditions of Building/Property for City Council
review and approval.
Under the authority of Minn. Stat. §§463.15 through 463.261, the City of Eagan may remove,
raze or correct any hazardous building or any hazardous condition of property. In the absence of
the owner's consent or compliance with the City Council's order to remove, raze or correct any
hazardous building or condition of property, the City may complete the work and assess the cost
thereof against the property. However, Minn. Stat. §§463.15 through 463.261 requires the City to
follow certain procedural requirements:
1. The City Council shall issue a written Order setting forth the grounds for the
Order, the necessary work or repairs, if any, to remove the hazardous building or
conditions of the property, and provide a reasonable time for compliance.
2. The Order shall be personally served upon the owner of record, the occupying
tenant, if any, and upon all lien holders of record.
3. Within twenty (20) days from the date of personal service, the property owner and
all parties served shall file an "Answer" in the manner provided for the service of
an Answer in a civil action. If no Answer is served, the City may file a motion
with the Dakota County District Court for a Summary Enforcement Order which
will fix a time after which the City may proceed with the enforcement of the
Order.
4. If an Answer is filed in accordance with the procedural requirements, the matter
will proceed in Dakota County District Court in the same manner provided for
any other civil action. If the City Council's Order is sustained, the Court is
required to enter judgment and fix a time after which the City may proceed with
the enforcement of the Order. If the City Council's Order is not sustained, it shall
be vacated and set aside.
5. If a Court Order and Judgment of Summary Enforcement of the City Council
Order is not complied with in the time prescribed by the judgment, the City may
cause the hazardous building or hazardous condition of the property to be
repaired, razed or removed and corrected as set forth in the judgment and the cost
thereof may be assessed as a lien against the property and levied and collected
only as a special assessment in the manner prescribed by Minn. Stat. §429.061 to
429.081, but payable in a single installment.
In summation, the initial step to correct, repair or remove the hazardous building/conditions of
the property at 4391 Garden Trail is for the Eagan City Council to order the property owner to
remove, raze, repair and correct the hazardous building and hazardous conditions of the property.
This office prepared the enclosed proposed Order and recommends that the City Council duly
adopt and approve the Order.
SKH/wkt
Enc.