02/01/1994 - City Council RegularVA/
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
FEBRUARY 1, 1994
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
V. 6:55 - CONSENT AGENDA (PINK)
P2A. PERSONNEL ITEMS
LICENSES, Plumbers
r,:(g%:
B.Animal Impound Services
�PROJECT 659, Receive Feasibility Report/Order Public Hearing (Dodd Road - Streets &
Trails)
1- E. CONTRACT 93-W, Acknowledge Completion/Authorize City Maintenance (Deerhawk Addition -
Utility Service
f$1/1; • APPROVE Traffic Signal Agreement with Dakota County
G. VACATE Trailway Right -of -Way, Receive Request/Schedule Public Hearing (Safari at Eagan
,O. j.3 Addition)
VV VI. 7:00 - PUBLIC HEARINGS (SALMON)
(7.014A. CEDARVALE Area Special Service District Legislative Authorization
(0..
]5( B. PROJECT 643, Oslund-Timberline Addition - Street Rehabilitation
VII. OLD BUSINESS (ORCHID)
p{tp(A. PROJECT 656, Select Improvement Option for Further Study (Cedarvale Access
V Improvement)
VIII. NEW BUSINESS (TAN)
.(�,(P A. ORDINANCE Amendment to Chapter 11 (Zoning), Section 11.20, Subd.10B, allowing rental
1� shops in NB (Neighborhood Business) districts
CONSIDER Building Permit, American Red Cross, Eagandale Industrial Park, Eagandale
er15)B.
Boulevard at Eagandale Court
IX. ADDITIONAL ITEMS (GOLD)
R. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
%I.
ADMINISTRATIVE AGENDA (GREEN)
VISITORS TO BE HEARD (for those persons not on agenda)
ADJOURNMENT
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.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 28, 1994
SUBJECT: AGENDA INFORMATION FOR THE FEBRUARY 1,1994 CITY COUNCIL
MEETING
After approval is given to the February 1, 1994 City Council agenda and the regular meeting
minutes for the January 25, 1994 City Council meeting, the following items are in order for
consideration.
There are no items under Department Head Business for consideration at this time.
Agenda Information Memo
February 1, 1994 City Council Meeting
There are six (6) items on the agenda referred to as consent items requiring one (1) motion
by the City Council. If the City Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed under Additional
Items unless the discussion required is brief.
PERSONNEL ITEMS
A. PERSONNEL ITEMS
Item 1. Reorganization/Drug Task Force --As the Council is aware, the City of Eagan
participates in a multi jurisdictional drug task force. The staff for the task force is
composed of police investigators from all the jurisdictions. The one actual employee of the
task force to this point has been a secretarial position. Because it was necessary to list this
employee with one of the cities, the position has been considered an employee of the City
of Eagan for purposes of generating a paycheck, reporting for pay equity purposes, tax
reporting, union membership, etc. However, the employee is not actually paid with City of
Eagan funds. In order to supply needed services and be more efficient, the drug task force
is requesting through Chief of Police Geagan that the secretarial position be reorganized
into a position titled, "Criminal Intelligence Analyst - Drug Task Force." The employee in
question is alread performing most of the duties of the new position. Enclosed on pages
%.:2) through is a copy of the new job description. Although no City of Eagan funds
are involved, it will be necessary for the City Council to approve the reorganization in order
to conform to pay equity requirements of the State since this employee is listed in Eagan's
pay equity report to the State. The reorganization does involve a pay increase of one range
according to the City's compensation plan.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the reorganization of the
position of "Secretary - Drug Task Force" to "Criminal Intelligence Analyst - Drug Task
Force."
CITY OF EAGAN
POSITION WRITE-UP
POSITION TITLE: Criminal Intelligence Analyst - Drug Task Force
DEPARTMENT: Police
REPORTS TO: Agent -in -Charge, South Metro Drug Task Force
POSITION SUMMARY: To provide investigative analytical assistance
to Agents of the South Metro Drug Task Force,
thus enhancing the investigators' abilities to
identify, apprehend, prosecute and convict
persons committing criminal acts. To prepare
court documents, required reports and grant
applications.
ESSENTIAL JOB FUNCTIONS:
1. Identify targeted individuals using all available resources
including computer data bases, contacts with other law
enforcement organizations, and information available from
outside agencies such as utility providers, transportation
companies, apartment management, etc.
2. Operate eavesdropping equipment (pen register) in compliance
with federal guidelines and under authority of a court order,
monitoring equipment to maintain security and integrity of
investigation.
3. Analyze information developed to determine patterns of
suspected criminal activity, associations with other
individuals, and potential assets. Prepare visual aids to
assist in interpretation of data collected.
4. Prepare court documents including administrative subpoenas,
search warrants, applications and orders for eavesdropping
equipment.
5. Answer inquiries, on the phone and in person, from law
enforcement agencies and citizens, verifying and documenting
information received. Maintain liaison with other law
enforcement agencies to facilitate the exchange of relevant
criminal information.
6. Represent task force in contacts with and presentations to
hotel/motel management and apartment management and staff.
7. Provide accounting for government buy funds used in task force
expenditures in accordance with procedures mandated by the
Office of Drug Policy. Provide petty cash service to task
force agents.
3
Criminal Intelligence Analyst
Position Description
Page 2
8. Prepare monthly, quarterly and annual reports of task force
activities and developments. Prepare special reports as
directed by the Agent -in -Charge or task force board members.
9. Assist in the preparation of federal grant applications.
10. Participate in intelligence briefings and state-wide analyst
association meetings and training.
OTHER POSITION FUNCTIONS:
1. Work with the Civil Division of the County Attorney's office
to expedite forfeiture proceedings on assets seized by the
task force.
2. Assist as needed on location of search warrant scenes in order
to gather documents and develop intelligence information.
3. Perform other related duties as directed.
DIRECTLY SUPERVISES: None
MINIMUM QUALIFICATIONS: 1. One year related law enforcement
experience.
2. General computer knowledge and
experience, including data base and
word processing applications.
3. Ability to relate well to law
enforcement officials and public and
private business officials.
4. Detail oriented.
5. Ability to work well with little or
no supervision.
6. Ability to communicate orally in an
effective, polite and tactful
manner, no matter what the
circumstances.
7. Ability to perform all essential
position functions under the working
conditions as described.
8. Ability to pass a comprehensive
background check.
DESIRED QUALIFICATIONS: 1. Post secondary education/training in
law enforcement and/or computers.
2. Experience in narcotics enforcement
related activities.
3. Ability to operate eavesdropping
equipment (pen register).
Criminal Intelligence Analyst
Position Description
Page 3
WORKING CONDITIONS: 80 % OFFICE 20 % FIELD
1. Workload of the position will be
such that during some period of
time, activities will be hectic and
stressful and a variety of different
tasks will be performed at a fast
pace.
2. This person could be alone in a
windowless office for extended
periods of time.
3. Deals directly with persons
suspected of criminal activities.
Agenda Information Memo
February 1, 1994 City Council Meeting
PLUMBERS' LICENSES
B. Licenses, Plumbers—The City Code requires that all plumbing contractors operating
within the City of Eagan be licensed on at least an annual basis. Enclosed on page 7
are those contractors whose applications are in order for consideration at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as
presented.
PLUMBER LICENSES FOR APPROVAL - YEAR 1994
1. ALL AMERICAN MECHANICAL, INC.
2. J. BAARS PLUMBING & HEATING
3. EASCO PLUMBING & HEATING
4. ELANDER MECHANICAL INC.
5. GOPHER MECHANICAL CONTRACTORS, INC.
6. GILBERT MECHANICAL CONTRACTORS, INC.
7. KELLY PLUMBING & HEATING
8. NEU PLUMBING
9. PARSONS PLUMBING & HEATING
10. PLUMB RIGHT
11. PLUMRITE INC.
12. RITE -WAY PLUMBING & HEATING
13. SEITZ BROTHERS, INC.
14. SOWADA & BARNA PLUMBING
15. SPRIGGS PLUMBING & HEATING CO.
16. STEINKRAUS PLUMBING
17. SUTHERLAND PLUMBING & HEATING INC.
18. WELTER & BLAYLOCK INC.
19. WILLIAMS PLUMBING & HEATING
February 1, 1994 City Council meeting
Agenda Information Memo
February 1, 1994 City Council Meeting
ANIMAL IMPOUND SERVICES
C. Animal Impound Services --The City has been notified by Dr. Fitz of the closing of his
veterinary practices at Lakeside Animal Hospital on January 1, 1994. He will continue to
operate the pound until March 31, 1994. The Minnesota Valley Humane Society, with their
facility at 1313 E. Highway 13 in Burnsville, has expressed an interest in providing the
impounding service to the City of Eagan. Enclosed on pages c7 through / 0 is a copy
of a draft agreement between the Minnesota Valley Humane Society and the City which
covers these services. Captain Swanson, Animal Control Officer Gilbertson and Finance
Director/City Clerk VanOverbeke have met with Mr. Dean Weigel, the Executive Director
of the Minnesota Valley Humane Society, and have concluded that the impounding service
for the City can be handled more than adequately through this agreement.
While the facility will no longer be located within the corporate boundaries of the City, it
will be very accessible and travel distances will not change substantially for City staff or
residents. It is expected that City staff will be required to make less trips to the facility to
release animals, placement of unclaimed animals will be easier and the City will no longer
be responsible, independent of impounding, for the disposition of unclaimed animals. The
Minnesota Valley Humane Society has a 72% placement ratio, which is considerably higher
than most other humane societies in the metro area which are at about 42% placement.
By way of disclosure, Animal Control Officer Gilbertson does have some close ties with the
Minnesota Valley Humane Society although none of them are of a financial nature. She
previously served on the Board of Directors, but has not for the past two years. Other
relationships, such as bringing animals from the City for surrender, serving as an investigator
for cruelty complaints in Dakota County and holding a fundraising dog show once a year,
are really no different than they were while the City had the agreement with Lakeside. The
concern about any appearance of a conflict of interest was discussed during the
aforementioned meeting. Captain Swanson and Finance Director/City Clerk VanOverbeke
are satisfied that the issue has been adequately addressed and is not a problem.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Animal Impound
Services Agreement with the Minnesota Valley Humane Society and authorize the Mayor
and City Clerk to execute the agreement.
8
DRAVI 1-27-94
IMPOUNDING AGREEMENT
It is hereby agreed by and between the Minnesota Valley Humane Society hereafter referred
to as the MVHS, and the City of Eagan, hereafter referred to as the City, that the MVHS
shall serve as the exclusive impound facility agent for the City in accordance with the
following terms:
1. Impoundment Procedure: The MVHS shall receive and care for all dogs, cats,
rabbits and other small domestic animals (hereafter referred to as animals) brought
to the MVHS by the designated agent(s) for the City. City officials shall have access
to the impound 24 hours per day.
2. Compliance with State Law: The MVHS agrees to comply with all state law
requirements in the care of all impounded animals.
3. Notification of Owner: The City shall be responsible for notifying the owner, if
known, of the animal's impoundment. The MVHS will also attempt notification of
the owner as required by state law.
4. Impoundment Period: The MVHS shall hold the animal in impound for ( )
days. If an animal is brought in for a bite incident, then at the option of the City it
will either be quarantined for the number of days mandated by the City or be tested
for rabies.
5. Release of Animals: No impounded animal will be released by the MVHS to its
owner during the impoundment period until the owner shows evidence that the
following have been paid to the City:
(a) the Kenneling Days Fee for the number of days the animal was impounded;
(b) all fines and license fees, if any;
(c) all other charges which in the MVHS's discretion are required for the safety
of the other animals including but not limited to distemper booster shots and
flea baths;
The public will have access to the MVHS during normal "open" hours seven days per
week throughout the year. Normal hours include at least four hours per day, seven
days per week.
6. Unclaimed Animals: If the animal is not claimed by the owner by the end of the
impoundment period, the animal shall become the property of the MVHS, to be
placed for adoption or to be disposed of in a humane manner.
7. Impound Fees: The MVHS shall charge the City the following impound fees:
$8.50 Kenneling Days Fee for each unclaimed animal
$21.00 Relinquishing Fee for each unclaimed animal.
9
All other charges for services requested by the City including transportation and fees
for rabies tests.
The MVHS will give the City written notice no later than May 1 prior to raising the
impounding fee. Any increase in the impound fee will take effect on the renewal
date of this agreement by a written addendum to the contract.
8. Statement of Account: The MVHS shall send a statement of account to the City
each month.
9. Effective Date: This agreement shall take effect on the day of
1994. It shall automatically renew on the 1st day of the following January and each
subsequent January for a term of one year unless it is terminated by either the
MVHS or the City by giving written notice at least thirty days prior to the renewal
date.
10. Indemnification: The MVHS agrees to defend and hold the City harmless from any
claims, demands, actions or causes of action arising out of any act or omission on the
part of the MVHS, or its agents, servants, employees or volunteers, in the
performance of or with relation to any services performed or furnished by the MVHS
under the terms of this agreement.
11. Insurance: The MVHS shall at its expense procure and maintain a policy of general
liability insurance of $1,000,000 during the term of this agreement. The City shall
be provided with a certificate of insurance.
12. Entire Agreement: This agreement shall constitute the entire agreement between the
parties and may not be modified orally or in any manner except by written agreement
by both parties.
MINNESOTA VALLEY HUMANE SOCIETY
By
Executive Director
Date:
CITY OF EAGAN
By:
Mayor
Attest:
City Clerk
Date:
Agenda Information Memo
February 1, 1994, City Council Meeting
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
(DODD ROAD - STS & TRAILS)
D. Project 659, Receive Feasibility Report/Order Public Hearing (Dodd Road - Streets
& Trails) --On November 16, 1993, the City Council authorized the preparation of a detailed
feasibility report to discuss the proposed final stage improvements of Dodd Road from Cliff
Road to Diffley Road along with the installation of off-street pedestrian trailways. A
preliminary feasibility report was prepared and presented to affected property owners at an
informational neighborhood meeting held on January 20. As a result of input received from
the residents at that meeting, the feasibility report was then finalized and is now being
presented to the City Council for their consideration of scheduling a public hearing to
formally present the details of this proposed improvement to all affected property owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for
Project 659 (Dodd Road - Streets & Trails) and schedule a public hearing to be held on
February 28, 1994.
ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(DEERHAWK ADDN - UTILITY SERVICES)
E. Contract 93-W, Acknowledge Completion/Authorize City Maintenance (Deerhawk
Addition - Utility Services) --The installation of sanitary sewer and water utility services to
service the Deerhawk Addition (southeast corner of Blackhawk and Deerwood) was
performed privately by the developer under the terms and conditions of the development
contract agreement. This installation has been completed, inspected by City authorized
personnel and found to be in conformance with the development contract plans,
specifications and City standards. Subsequently, the developer has requested the City
Council to acknowledge the satisfactory completion of these public improvements and to
authorize perpetual City maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract
93-W (Deerhawk Addition - Utility Services) and authorize perpetual City maintenance
subject to the warranty provisions of the development agreement.
1 (
Agenda Information Memo
February 1, 1994, City Council Meeting
APPROVE TRAFFIC SIGNAL AGMT W/DAKOTA COUNTY
(NEW INSTALLATIONS)
F. Approve Traffic Signal Agreement #94-02 W/Dakota County (New Installations) --As
a part of the City and County's 5 -Year CIP, 2 intersections have been identified for
signalization in 1994. Subsequently, a cooperative agreement has been prepared by Dakota
County to provide for the City's financial participation of this County contract. This
agreement provides for the installation of signals on Pilot Knob Road at the intersection of
Corporate Center Drive and also at the intersection of Wescott Road.
The Wescott Road intersection with Pilot Knob was accelerated from its previous schedule
of 1995. Also, based on increasing safety considerations, the City and County are working
to accelerate the signalization of TH 3 with Cliff Road (County Road 32) for 1994. This
intersection will have a separate signal agreement as it involves joint participation from
MnDOT.
With the acceleration of the two previous intersections, staff will be recommending with the
revised 5 -Year CIP to delay consideration of signalizing the intersection of Lexington
Avenue and Wescott Road until 1996.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Traffic Signal Agreement
#94-02 with Dakota County for traffic signal installations on Pilot Knob Road at Corporate
Center Drive and Wescott Road and authorize the Mayor and City Clerk to execute all
related documents.
Agenda Information Memo
February 1, 1994, City Council Meeting
VACATION - RECEIVE REQUEST/SCHEDULE PUBLIC HEARING
(SAFARI Cad EAGAN ADDITION)
G. Vacate Trailway Right -of -Way, Receive Request/Schedule Public Hearing (Safari @
Eagan Addition) --On August 17, 1993, the City Council held a public hearing to vacate a
trailway "easement" situated within Outlot A of Safari @ Eagan. In the recording process
of this vacation, the County Recorder's Office has indicated that the wrong terminology and
description was used in the petition and publication for this request. Subsequently, it is not
able to be recorded as originally intended. Therefore, the City should schedule a new public
hearing to allow the notice and public hearing process to properly reference a trailway
"right-of-way" vacation within the Safari @ Eagan Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: To schedule a public hearing for
February 28, 1994, to vacate the trailway right-of-way within Safari @ Eagan Addition.
Agenda Information Memo
February 1, 1994 City Council Meeting
8E01
CEDARVALE AREA SPECIAL SERVICE DISTRICT
LEGISLATIVE AUTHORIZATION
A. Cedarvale Area Special Service District Legislative Authorization—At its meeting of
December 21, 1993, the City Council received a petition and background information
relative to the establishment of a special service district to provide certain public services
beyond the scope typically provided by the City. This item was brought forward as part of
the Economic Development Commission and Chamber of Commerce initiatives with respect
to the revitalization of the Cedarvale retail area. Prior to submission of the petition, a
meeting was held with affected property owners on December 1, 1993 to discuss powers
associated with the special service district and those which might be applicable to the
Cedarvale area. It was the consensus at that meeting that special service district legislation
include authority for:
1) signage identifying the overall retail area,
2) preparation, mowing, maintenance and repair of landscaping,
3) lighting
4) parking facilities
5) public safety
6) maintenance, operation, repair and replacement of existing public
improvements,
7) other municipal services and
8) administration, coordination, studies and preparation of designs.
This item was then heard by the Economic Development Commission at its meeting of
December 16, 1993. At that time, the Commission recommended that if the Council receive
the requisite signatures by petition, the item be set for public hearing and, further, that the
Commission recommend it for approval. At the same time, the Commission recommended
that the Silver Bell Center plat be included in the special service district, with the
understanding that it could be removed by the Council at the time of public hearing if an
objection is received from the Center or the Council found it not to be in the best interest
of the overall district.
Enclosed for your review in this regard on pages , 14. through 11 is a copy of the
resolution requesting legislative authorization to enact an ordinance for a special service
district.resolution} }ss the action item before the Council this evening. Also enclosed
on pages through t 7. is a copy of the draft legislation which will be forwarded to the
offices of the City's legislative delegation. Also enclosed on pages. -0 through , is a
copy of the draft ordinance which would be considered upon legislative approval of the
City's authority. Next, enclosed on page .23is a sample of the petition which was signed
by property owners representing 52% of the market value and 58% of the square footage
Agenda Information Memo
February 1, 1994 City Council Meeting
in the proposed retail area. Also enclosed on pages through are the pertinent
sections of the statute relative to special service districts. A particular issue was raised with
respect to a public purpose associated with commercial signage. Enclosed on pages cD?
through, is correspondence rendered by the City's bond counsel, Steve Rosholt, which
indicates his finding that such signage does meet the legal tests for a public purpose as
proposed. Enclosed on page 3l is a copy of the affected prope o ers with those
having signed petitions noted. Finally, enclosed on pages D through is a copy of the
Economic Development Commission meeting minutes ofDecember 16, 993 covering the
Commission's action in this regard.
If at the close of the public hearing, the Council is predisposed to adopt the special service
district, the enclosed resolution will be forwarded to the Legislature requesting such
authorization. If the legislation is adopted, the Council may then take action to adopt the
ordinance forming a district. The affected date of the ordinance will be at least 45 days
following the adoption by the City Council. If, within that time, the City receives a valid
petition from owners of 35% of the land area or 35% of the tax capacity within the affected
area, the ordinance does not become effective. If no such petition is received, the district
is implemented and the City can establish a work plan including services defined in the
legislation and ordinance, a final budget and set a public hearing to implement the district.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution
requesting legislative authorization to form Eagan Special Service District #1 for the
Cedarvale retail area to provide the special services indicated in the attachments.
CITY OF EAGAN
RESOLUTION NO.
A RESOLUTION REQUESTING SPECIAL SERVICE DISTRICT LEGISLATION
WHEREAS, the City of Eagan is a statutory city operating under the laws of
the State of Minnesota, and
WHEREAS, Minnesota Statutes Chapter 428A specifies special service district
procedures which a city may enact through special legislation, and
WHEREAS, special service districts are a defined area within the city where
special services are rendered and the costs of the special services are paid from revenues
collected from service charges imposed within that area, and
WHEREAS, the City of Eagan has reached a stage in its development where
the use of special service districts would facilitate redevelopment in and more equitably fund
the increased level of services to be provided for certain areas of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eagan, Dakota County, Minnesota, that it does hereby request its legislators to introduce
and sponsor the necessary enabling legislation that will allow the creation of the districts
under Minnesota Statutes Chapter 428A.
BE IT FURTHER RESOLVED that certified copies of this resolution be sent
to Senator Weiner and Representatives Pawlenty and Commers.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, EJ. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota,
do hereby certify that the foregoing proclamation was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this day of , 1994.
EJ. VanOverbeke, City Clerk
City of Eagan
1
PROPOSED BILL TO PROVIDE THE CITY OF EAGAN LEGISLATION
ENABLING FORMATION OF
EAGAN SPECIAL SERVICE DISTRICT #1
Section 1. DEFINITIONS
Subd. 1. For the purposes of Sections 1 and 2, the terms defined in this section have
the meanings given them.
Subd. 2. "City" means the City of Eagan.
Subd. 3. "Special services" means:
1. The promotion and management of a special service district as a trade or
shopping area with the ability to provide the following special services within the
boundaries of the district to be rendered or contracted for by the City.
2. Signage Identifying the Overall Retail Area
3. Preparation, Mowing, Maintenance and Repair of Landscaping
4. Lighting
5. Parking Facilities
6. Public Safety
7. The repair, maintenance, operation and replacement of existing public
improvements, and those authorized by Section 429.021, within the boundaries
of a special service district established under section 2.
8. Other Municipal Services
9. Administration, Coordination, Studies and Preparation of Designs
Section 2. ESTABLISHMENT OF SPECIAL SERVICE DISTRICT.
Subd. 1. Ordinance The governing body of the City may adopt ordinances establishing
special service districts to include the land identified as the Cedarvale Retail Area as
follows:
Beginning at the centerline intersection point of Silver Bell Road and Beau -
De -Rue Drive, then south along the centerline of Beau -De -Rue Drive
approximately 660 feet to the south right-of-way line of Gold Trail, then
southeasterly along said right-of-way approximately 100 feet to the east line
of Leibel Addition, then south along said east line approximately 190 feet,
then westerly along the south line of Leibel Addition approximately 290 feet
to the centerline of Beau -De -Rue Drive, then southwesterly along said
centerline approximately 430 feet to the centerline point of Beau -De -Rue
Drive and Rahn Road, then southeasterly along centerline of Rahn Road 410
feet to the extended south line of Parcel 010-10, then southwesterly along said
south line approximately 770 feet to its intersection with the west line of
parcel 031-10, then south along said west line approximately 780 feet to the
north line of Outlot A of Cedar Grove No. 3, then west along said north line
approximately 1,595 feet to the west line of the NE 1/4 of Section 19, then
north along said west line approximately 1,150 feet to the extended south line
of MnDOT Right -of -Way Plat No. 19-6, then northeasterly along said south
line approximately 2,795 feet to its intersection with the southwest line of
MnDOT Right -of -Way Plat No. 19-8, then easterly along said southwest line
approximately 330 feet to the NE corner of the NE 1/4 of Section 19, then
north along the east line of said right-of-way plat No. 19-8 approximately 190
feet to the northwest corner of Parcel 120-54, then northeast approximately
185 feet to the north corner of said parcel, then southeast approximately 176
feet to the northeast corner of said parcel, then south approximately 192 feet
to the centerline of Silver Bell Road, then west approximately 260 feet to the
point of beginning at the centerline intersection of Silver Bell Road and Beau -
De -Rue Drive, also including Lot 1, Block 1, Silver Bell Center Addition.
The provisions of Section 428A.01 govern the establishment and operation of special
service districts in the city, except to the extent otherwise specified in Sections 1 and 2.
Section 3. LOCAL APPROVAL.
This article is effective the day after the governing body of the City of Eagan complies
with Minnesota Statutes, Section 645.021, Subdivision 3.
19
CITY OF EAGAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA,
AMENDING SECTION 14 OF THE CITY CODE BY PROVIDING
FOR SPECIAL SERVICE DISTRICT #1 FOR LAND
IDENTIFIED AS THE CEDARVALE RETAIL AREA
The City Council of Eagan ordains:
Section 1, That Sections 14.1 through 14.4 of the City Code shall be added to Chapter
14 of the City Code to read as follows:
Title 14. Eagan Special Service District #1
Sec. 14.1 Purpose.
The purpose of this ordinance is establish Special Service District #1 capable of
providing city services not ordinarily provided throughout the city from general fund
revenues. The purpose of Special Service District #1 is to promote employment and
enhance the tax base within the City and to assist motorists seeking to locate the area.
Sec. 14.2 Services the district may provide.
The Special Service District #1 may render or contract for such additional services as:
1. Promotion and management of the Cedarvale Retail Area as a trade or shopping
area.
2. Signage Identifying the Overall Retail Area
3. Preparation, Mowing, Maintenance and Repair of Landscaping
4. Lighting
5. Parking Facilities
6. Public Safety
7. The repair, maintenance, operation and replacement of existing public improvements,
and those authorized by Section 429.021, within the boundaries of a special service
district established under section 14.4.
8. Other Municipal Services
9. Administration, Coordination, Studies and Preparation of Designs
Sec. 14.3 Payment for services.
The Special Service District #1 costs of services shall be paid from revenues collected
from service charges imposed within the district.
Sec. 14.4 Area included in district.
a
0
The special service district shall include the land identified as Cedarvale Retail Area as
follows:
Beginning at the centerline intersection point of Silver Bell Road and Beau -De -Rue
Drive, then south along the centerline of Beau -De -Rue Drive approximately 660 feet
to the south right-of-way line of Gold Trail, then southeasterly along said right-of-
way approximately 100 feet to the east line of Leibel Addition, then south along said
east line approximately 190 feet, then westerly along the south line of Leibel
Addition approximately 290 feet to the centerline of Beau -De -Rue Drive, then
southwesterly along said centerline approximately 430 feet to the centerline point
of Beau -De -Rue Drive and Rahn Road, then southeasterly along centerline of Rahn
Road 410 feet to the extended south line of Parcel 010-10, then southwesterly along
said south line approximately 770 feet to its intersection with the west line of parcel
031-10, then south along said west line approximately 780 feet to the north line of
Outlot A of Cedar Grove No. 3, then west along said north line approximately 1,595
feet to the west line of the NE 1/4 of Section 19, then north along said west line
approximately 1,150 feet to the extended south line of MnDOT Right -of -Way Plat
No. 19-6, then northeasterly along said south line approximately 2,795 feet to its
intersection with the southwest line of MnDOT Right -of -Way Plat No. 19-8, then
easterly along said southwest line approximately 330 feet to the NE corner of the
NE 1/4 of Section 19, then north along the east line of said right-of-way plat No. 19-
8 approximately 190 feet to the northwest corner of Parcel 120-54, then northeast
approximately 185 feet to the north corner of said parcel, then southeast
approximately 176 feet to the northeast corner of said parcel, then south
approximately 192 feet to the centerline of Silver Bell Road, then west
approximately 260 feet to the point of beginning at the centerline intersection of
Silver Bell Road and Beau -De -Rue Drive, also including Lot 1, Block 1, Silver Bell
Center Addition.
Section 2. Effective Date. This ordinance shall take effect upon its passage and
publication
PASSED this day of , 1994.
Thomas A. Egan, Mayor
CERTIFICATION
I, EJ. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing proclamation was duly passed and adopted by the City
Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this day of , 1994.
EJ. VanOverbeke, City Clerk
City of Eagan
PETITION
LOCATION/SUBDIVISION
FOR CiTY USE ONLY
Petition #
Date Received
Presented to Council
I/We, the undersigned, owners of the real property within the Cedarvale Retail Area,
hereby petition:
To establish a Special Service District In the Cedarvale Area to promote It as a
trade and shopping area with the ability to provide the following special services
within the boundaries of the district to be rendered or contracted for by the City:
1. Signage Identifying the Overall Retail Area
2. Preparation, Mowing, Maintenance and Repair of Landscaping
3. Lighting
4. Parking Facilities
5. Public Safety
6. Maintenance, Operation, Repair and Replacement of Existing Public
Improvements
7. Other Municipal Services
8. Administration, Coordination, Studies and Preparation of Designs
I/We understand that this petition does not in itself request the installation of these improvements or
provision of these services. It represents my/our interest in the City requesting the statutory authority
to provide such services. I/We understand that upon receipt of this petition, a public hearing will be
held at which time we may voice our positions with respect to the establishment of the Special Service
District. We further understand that pursuant to Minnesota Statutes, a detailed study of costs will be
prepared and a public hearing will be held prior to the imposition of any charges for the improvements
and services and that an annual public hearing on the budget for the coming year's workplan will afford
the opportunity to address the proposed costs.
• •:1
•1 _;i• •../I_
•1 " • •.; i1,
1.
2.
�3
Nal
SPECIAL SERVICE DISTRICT PROCEDURES 42$A.02
CHAPTER 428A
SPECIAL SERVICE DISTRICT PROCEDURES
421A.01 S a.nr wits Adria p cedirm
4A02 ScabKseeesee dwoil writs district.
411AO0 OSoria, OMB ein n min sot
42.4.W ddnpeet Kspsoid Regia: sir m
421410 Oaaeniee of trudge die's.
42M:01 Roods.
4211A.07 Adria/7 Wad.
42$A•011 Padden . ..L
42$A.00 Pato peer of octets.
401144.10 Esdeoiee fir Oaieiw npL_ _.0
and wee peer.
4211AA1 SPECIAL SERVICE DISTRICT PROCEDURES; DEFINITIONS.
Subdivision 1. Applicability. As used in sections 428A.01 to 4211.4.10. the teens
defined in this section have the meanings given them.
Subd. 2. City. '"City' means the sty in which the special aavioe district is
authorized to be extablished under a special law.
Subd. 3. Special services. 'Special services' has the marring given in the city's
enabling legislation.
Special services do not include a service that is ordinarily provided throughout the
city from general fund revenues of the city unlees an increased Level of the service is
provided in the special service district.
Subd. 4. Spode' service district. "Special service district" means a defined area
within the city where special services are rendered and the costs of the special services
are paid from revenues collected from service charges imposed within that am.
Subd. S. Cross to aapadtl. "Gross tea capacity" mans the poen tax capacity
most recently certified by the county auditor before the effective date of tbe ordinance
or resolution adopted under section 428A.02 or 428A.03.
Subd. 6. Land area. 'Land area" means the land uea in the district that is subject
to property taxes.
History: 1988 c 719 art 5 84, art 14s 1
42SA.02 ESTABLISHMENT OF SPECIAL SERVICE DISTRICT.
Subdivision 1. Ordinance. The governing body of the city may adopt an
ordinance establishing a special service district. Only property that is dassified under
section 273.13 and used for commercial, industrial, or public utility purposes, or is
vacant land zoned or designated on a land use plan for commercial or industrial use
and located in the special service district, may be subject to the charges imposed by the
city on the special service district. Other types of property may be included within the
boundaries of the special service district but are not subject to the levies or charges
imposed by the city on the special service district. If 50 percent or more of the market
value ofa parol of property is dassified under section 273.13 as commercial, industri-
al. or vacant land zoned or designated on a land use plan for commercial or industrial
use, or public utility for the current assessment year, then the entire market value of
the property is subject to a service charge based on gross tax capacity for purposes of
sections 428AAI to 428A.10. The ordinance shall describe with partiahlarity the area
within the city to be included in the district and the special services to be furnished in
the district The ordinance may not be adopted until after a public besting has been
held on the question. Notice of the besting shall indude the time and place rehearing.
a map showing the boundaries of the proposed district, and a statement that ail persons
*siting property in the proposed district that would be subject to a senior dharge w ul
liven opportunity to be hard at the bearing.
Subd. 2. Notice. Notice of tbe besting must be given by publication in at least
taro issues oftbe official newspaper of the city. The two publications must be two weeks
part and the baring must be bdd at least three days after the last publication. Not
431A.e2 SPECIAL SERVICE DISTRICT r IOCEDURES SMr
less than ten days before the hearing, notice must also be mailed to the owner of each
parcel within the area proposed to be included in the district. For the purpose of giving
mailed notice. owners are those shown on the records of the county auditor. Other
records may be used to supply the necessary information. For properties that are tact
exempt or subject to taxation on a gross earnings basis in lieu of property tax and are
not listed on the records of the county auditor, the owners must be ascertained by any
predicable means and trailed notice given them. At the public hearing a person
affected by the proposed district may testify on any issues relevant to the proposed
district. The haring may be adjourned from time to time and the ordinance establish-
ing the district may be adopted at any time within six months after the date of the
conclusion of the baring by a vote of the majority of the governing body of the city.
Subd. 3. Charges relationship to services. The city may impose service charges
under sections 428A.01 to 428A.10 that are reasonably related to the special services
provided. Charges for service shall be as nearly as possible proportionate to the cost
of furnishing the service, and may be fixed on the basis of the service directly rendered,
or by reference to a reasonable classification of the types of pr+anises to which service
is furnished, or on any other equitable basis.
Subd. 4. Benefit; abjection. Before the ordinance is adopted or at the baring at
which it is to be adopted, any affected landowner may file a written objection with the
sty Berk asserting that the landowner's property should not be included in the district
or should not be subjected to a service charge and objecting to:
(1) the indusia of the landowner's property in the district, for the season that the
property would not receive services that are not provided throughout the sty to the
acne degree;
(2) the levy of a service charge on the landowner's property, for the season that the
property is exempted under sections 428A.01 to 428A.10 or the special kw under
wbich the district was seated; or
(3) the fact that neither the landowner': property nor its use is benefited by the
proposed special service.
The governing body shall make a determination on the objection within 30 days of its .
filing. Pending its determination, the governing body may delay adoption of the
ordinance or it may adopt the ordinance with a reservation that the landowner's
property may be excluded from the district or district service charges when the
determination is trade.
Subd. S. Appal to district awn. Within 30 days after the determination of the
objection, any person aggrieved, who is not precluded by failure to object before or at
the hearing, or whose failure to object is due to a reasonable cause, may appeal to the
district court by serving a notice upon the mayor or city Berk. The notice shall be filed
with the court administrator of the district court within ten days after its service. The
city derk shall furnish the appellant a certified copy of the findings and determination
of the governing body. The court may affirm the action objected to or, if the Ms:W 's
objections have merit, modify or cancel it. If the appellant does not prevail upon the
appeal, the costs incurred shall be taxed to the appellant by the court and judgment
entered for them. All objections shall be deemed waived unless presented on nppeel.
History: 1988 c 719 an 5 s 84; as 14 x 2
428A.03 SERVICE CHARGE AUI'HORRY; NOTICE AND HEARING REQUIRE"
BENTS.
Subdivision 1. Hearing. Service charges may be imposed by the city within the
special service district at a rate or amount sufficient to produce the revenues f0Qmstel
to provide special services in the district. To determine the appropriate tate for s
service charge based on gross tax capacity. taxable properly or gross tax capacity must
be determined without regard to captured or original gross tax capacity ander sect _la"
469.177 or to the distribution or contribution value under section 473F.08. Sct11eie
diaries may not be imposed to finance a special service if the savior is ordinarily
s'EC7At.soma. oisnicT PROCEDURES 4l$A.K
provided by the city from its general fund revenues unless the service is provided in
the district at an increased level. In that ease. a service charge may be imposed only
in the amount needed to pay for the increased level of service. A service charge may
not be imposed on the receipts from the sale of intoxicating liquor, food, or lodging.
More the imposition of service charges in a district, for each calendar year, s bearing
must be held under section 428A.02 and notice must be given and muse be mailed to
any individual or business orpnization subject to a service charge. For purposes of
this section, the notice shall also indudc
(1) a statement that all interacted persons wU be given an opportunity to be heard
at the bearing reprding a proper service chum
(2) the estimated cost of improvanents to be paid for in whole or in part by service
curses imposed under this section, the estimated oast of operating and maintaining
the amprovanents during the first year and upon completion of the improvements, the
proposed method and sours of financing the anprovements, and the annual cost of
operating and maintaining the improvements;
(3) the proposed rate or amount of the proposed service charge to be imposed in
the district during the calendar year and the nature and character of spedat services
so be rendered in the district during the calendar year in which the service charge is to
be collected; and
(4) a statement that the petition requirements °faction ction 428A.08 have either been
met or do not apply to the proposed service large.
Within six months of the public bearing, the sty may adopt a resolution imposing
a service charge within the district not exceeding the amount or rate expressed in the
notice issued under this section. •
Subd. 2. Exemptloa of certain properties from taxes and senior charges. Property
exempt from taxation by section 272.02 is exempt from any service charges based on
grog tact capacity imposed under sections 428A.01 to 428A.10.
Subd. 3. Levy limit Service charges imposed under sections 428A.01 to 428A.10
cast act induded in the calculation of levies or limits on levies imposed ander law or
darter.
History: 1988c719art Ss84; an 14s3
428AA4 ENLARGEMENT OF SPECIAL SERVICE DISTRICTS.
Boundaries of a special service district may be enlarged only after bearing and
aotice u provided in sections 428A.02 and 428A.03. Notice must be served in the
original district and in the area proposed
to be added to the district. Property added
to the district is subject to all service charges imposed within the district after the
property becomes a part of the district if it is property of the type that is subject to
service darges in the district. On the question of enlargement, the petition require-
ment in section 428A.08 and the veto power in section 428A.09 apply only to owners,
individual;, and business organizations in the area proposed to be added to the district.
Hls/sey:19498 c 719 an 14 s 4
428AAS COUFCIION OF SERVICE CHARGES.
Service charges may be imposed on the basis of the gross tax capacity of the
property oa which the service charge is imposed but must be spread only upon the gross
tax capacity of the taxable property located in the geographic area described in the
ordinance. Service charges based on gross tax capacity may be payable and collected
at the same time and in the tame manner as provided for payment and collection of
ad valorem taxa Other service charges imposed must be collected as provided by
ordinance. Service dirges based on gross tax capacity collected under sections
4211A.01 to 428A.10 are not included in computations under section 469.177, chapter
473F, or any other law that applies to general ad valorem levies
Hiatery:1988c719kit 5s84; or 14s5
4011416 SPECIAL SERVICE Dunster PROCEDURES Sax
428A.06 BONDS.
At any time atter a contract for the construction of all or part of an improvement
authorized under sections 428A.01 to 428A.10 has been entered into or the work has
been ordered done by day labor, the governing body of the city may issue obligations
in the amount it deems necessary to defray in whole or in part the expense incurred
and estimated to be incurred in making the improvement, indulin= every item of cost
from inception to completion and all fees and expenses incurred in connection with the
improvement or the financing. The obligations are payable primarily out of the
proceeds of the service charge based co gross tax capacity imposed under section
428A.03, or from any other special assessments or non= revenues available to be
pledged for their payment under charter or statutory authority, or from two or more
of those sources. The governing body may, by resolution adopted prior to the sale of
obligations, pledge the full faith, aedit, and taxing power of the city to assure payment
of the principal and interest if the proceeds of the savior charge in the district are
insufficient to pay the principal and interest. The obligations must be issued in
▪ accordance with chapter 475, except that as election is not requited, and the amount
of the obligations aced not be included in determining the net debt of the city under
the provisions of any Lw or charter limiting debt.
Hist ey:1988 c 719 an 5 t 84; an /4 s 6
428A.07 ADVISORY BOARD.
The governing body of the city may crate and appoint an advisory board for each
special service district in the city to advise the governing body in connection with the
construction, maintenance, and operation of improvements, and the furnishing of
special saviors in a district. The advisory board shall make recommendations to the
governing body on the requests and complaints of owners, occupant; and users of
property within the district and members of the public. Before the adoption of any
proposal by the governing body to provide services or impose service charges within
the district, the advisory board of the district shall have an opportunity to review and
comment upon the proposal.
Histoq:1988 c 719 art 14 s 7
428A.08 PET!'IION REQUIRED.
No action may be taken under section 428A.02 unless owners of 25 percent or
more of the land area of property that would be subject to service charges in the
proposed special service district and owners of 25 percent or more of the gross tax
capacity of property that would be subject to service charges in the proposed special
service district file a petition requesting a public haring on the proposed action with
the city derk. No action may be taken under section 428A.03 to impose a service
charge based on gross tax capacity unless owners of 25 percent or more of the land area
subject to a proposed service charge and owners of 25 percent or more of the Voss tax
opacity subject to a proposed service charge file a petition requesting a public baring
on the proposed action with the city Berk. No action may be taken under section
428A.03 to impose any other type of service dtatge unless 25 percent or more of the
individual or business organizations subject to the proposed service charge file s
petition requesting a public baring on the proposed action with the city clerk. If the
boundaries of a proposed district are changed or the land ars or gross sax apsekY
subject to a savior charge or the individuals or business organizations subject to s
service charge are changed after the public bearing, a petition mating the equirenhents
of this section must be filed with the city dark before the ordinance establishing the
district or resolution imposing the service diarge may become effective.
Hlstoey: 1988 c 719 art 5 s 84; art 14x8
428A.09 VETO POWER OF OWNERS.
Subdivision 1. Notice of right to Me objectless. Except as provided in sec+bn
SPECIAL wenn: DISTRICT PROCEDURES 42$A.10
a_:a.10, the effective date of any ordinance or resolution adopted under sections
.CSA.02 and 428A.03 must be at least 43 days after it is adopted. Within five days after
a,foption of the ordinance or resolution.a summary of the ordinance or resolution must
be mailed to the ower of each parcel indudcd in the special service district and any
Individual or business orpnization subject to a service charge in the same manner that
,o is mailed under section 428A-02. The mailing must include notice that owners
subject to a service charge based on gross tax capacity and individuals and business
organizations subject to a service charge imposed on another basis have a right to veto
the ordinance or resolution by filing the required number of objections with the city
clerk before the effective date of the ordinance or resolution and that a copy of the
ordinance or resolution is on file with the sty clerk for public inspection.
Subd. 2. Requirements for sets. lfowners of 35 percent or more of the land area
In the district subject to the service duasge based on gross tax capacity or owners of 35
percent or more of the gross tax capacity in the district subject to the service charge
based oa gross tax capacity 6k an objection to the ordinance adopted by the city under
section 428A.02 with the city dart before the effective date of the ordinance. the
ordinance does not become effective. If owners of 3S percent or more of the land area
subject to the service charge based on groes tax opacity or owners 0(35 peroant or more
of the gross tax capacity subject to the service Burge based on grog tax capacity file
an objection to the resolution adopted imposing a service dharge based on gross tax
capacity under section 428A.03 with the Baty cert before the effective date of the
resolution. the resolution does not become effective. 1135 percent or more of individu-
els and business otganiations subject to a service charge file an objection to the
resolution adopted imposing a service charge on a basis other than gross tax capacity
under section 428A.03 with the city deet before the effective date of the resolution, the
resolution does not become effective. In the event of a veto, no district shall be
atablished during the current calendar year and until a petition meeting the qualificat-
ions set forth in this subdivision for a veto has been filed.
History:1988 a 719 east 5 s 84; an 14 s 9
428A.10 EXCLUSION FROM PETITION REQUIREMENTS AND VETO POWER.
The petition requirements of section 428A.08 and the right of owners and those
subject to a service charge to veto a resolution in section 428A.09 do not apply to
second or subsequent years' applications of* service charge that is authorized to be in
effect for more than one year under a resolution that has met the petition requirements
of section 428A.08 and which has not been vetoed under section 428A.09 for the first
year's application. A resolution imposing a service charge for more than one year must
sot be adopted unless the notice of public bearing required by section 428A.03 and the
notice mailed with the adopted resolution under section 428A.09 indude the following
information:
(1) in the ease Of improvements, the maximum service charge to be imposed in
any year and the maximum number of years the service charges imposed to pay for the
improvement; and
(2) in the case ofoperatiag and maintenance services. the maximum service charge
to be imposed in any year and the maximum number of years. or a statement that the
serbei charge will be imposed for an indefinite number of years, the service charges
will posed to pay for operation and maintenance services.
The resolution may provide that the maximum service charge to be imposed in any
Par will increase or decrease from the maximum amount authorized in the preceding
Year based on an indicator of increased out or a percentage amount established by the
>asolution.
History 1988 c 719 art T4s 10
/-
FAEGRE & BENSON
2200 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-3901
612/336-3000
FACSIMILE 612/336-3026
December 21, 1993
Mr. John Hohenstein
Assistant Administrator
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55122
RE: Special Service District Signage
Dear John:
You asked whether the City of Eagan may, in conjunction
with a special service district to be created under Minnesota
Statutes, Chapter 428A, construct a large sign identifying the
location of a commercial area. You indicated the sign would
promote employment and enhance the tax base of commercial
property in the City and would be beneficial to motorists seeking
to locate the area. Assuming the ordinance creating the service
district contains the appropriate findings of these purposes, it
is our opinion that the project would constitute a public purpose
under the Minnesota Constitution and may be constructed and
financed under Chapter 428A.
In general, expenditures are considered to be for a
public purpose if they will benefit the community as a whole and
are related to the functions of government. Visin v. Freeman,
252 Minn. 177, 89 N.W.2d 635. Expenditures to promote business
activity and thereby enhance employment opportunities and the tax
base are considered to meet this test. City of Pipestone v.
Madsen, 287 Minn. 357, 178 N.W.2d 594 (1970); Minnesota Energy &
Economic Development Authority v. Printv, 351 N.W.2d 319 (Minn.
1984). These and other cases make it clear that the receipt of
substantial benefits by a private party will not invalidate an
expenditure which otherwise serves a public purpose. Courts will
interfere with a legislative determination that there is a public
purpose only if the determination is arbitrary and capricious
R.E. Short Co. v. City of Minneapolis, 269 N.W.2d 331 (Minn.
1978).
For these reasons, we believe legislative purposes of
the sort you described would be upheld as a public purpose under
the Minnesota Constitution.
DENVER DES MOINES WASHINGTON. D.C. LONDON FRANKFURT
Although Minnesota Statutes, Chapter 428A, leaves to
the Council the designation of particular activities for service
districts, we believe the City has adequate statutory authority
to construct signs under Minnesota Statutes, Section 469.186,
which authorizes expenditures for "outdoor advertising."
SR:lkl
Enclosure
MFF0D460.WP5
3
Very tryj yours,
hen Rosholt
II thuuI sI!.MIj I
....................
N
M M M M M M M M M M M M M M M N M M M M M
•
•
•.. '
klIEN1I1$UIU1AWRI U U I 1
:►sasfsssiitx eanfa xss ;L
M M w M M N N M M M M M M M M M M M M M M N M M M N
4
a;sszssssaassaaststys assassssssss ss;ixissussss!t
5asses�i�'���s�s�s����ssss
SS==ssS Soeee =e SSS'o9- eee
�i-ii144:1:**141. ii i*ai�b* ♦ia a ie ii �i ii
F
�I iuuh �6I 7��luu"""I5
es • • • • • • • • • • • • • • • • • • •
f
1
•
:
1 % �y
i kkulsaMkli�is IUli1
• IrrNNMN.fM�. •.ik1=/Ir./I.idM
•
•
1
MINUTES OF THE ECONOMIC DEVELOPMENT COMMISSION
Eagan, Minnesota
A meeting of the Eagan Economic Development Commission was held on
Thursday, December 16,1993 at 7:00 a.m. Present were Chair Eldon Johnson, Cathy
Clark-Matuszak, Gary Morgan, Karl Oestriech, Tom Pederson, lark Duholm, Roger
Hughes, and Pat Grinds. Also present were City Administrator Tom Hedges, Assistant
to the City Administrator Jon Hohenstein, Community Development Director Peggy
Reichert, Project Planner Kim Eggers, and CVB Executive Director Ann Carlon.
AGENDA
Pederson requested that an item to discuss the seven consensus items be added
to the agenda under Old Business.
The agenda was approved as modified.
MINUTES
Pederson requested that the minutes of the October EDC meeting be amended to
state that the City Council directed the EOC to present issues as a group to the City
Council, due to the fact that oonsensus item #2 states that 'the EDC will report to the
Council through staff reports and written memos from the EDC.'
The minutes as amended were approved by acclimation.
OLD BUSINESS
Cedarvale Special Service District
Hohenstein reviewed the Special Service District information contained within the
packet. Since the last EDC meeting, It has been determined that two public hearings are
necessary for implementation of a Special Service District. The first public hearing
concerns receipt of the petition by the Cedarvale merchants to the City Council followed
by a request to the legislature to empower the City to form the district. The second public
hearing will involve the approval of the Special Service District budget by the City Council.
As such, ft is not necessary to have a final budget until the special legislation is passes.
Hohenstein and Morgan stated that the items included in the current petition are
services that were specifically requested by the participating Cedarvale merchants.
Morgan went on to state that on December 1st there was a merchants meeting to review
the original petition and those merchants present wanted to add other potential services
to the final petition. Morgan stated that the merchants feel that since the process for
Special Service District approval is fairly involved and lengthy, it is appropriate to request
all potential services at this time.
Morgan reviewed the preliminary draft budget information contained in the EDC
packet. He explained that one of the proposed budgets is for a five year term on the
signage, and one is for a ten year term. Johnson noted that the Cedarvale Mall will pay
the largest amount of money - $3,000.
Morgan stated that 50% of the petitions have been submitted, and that these
petitions are for properties totalling roughly 61% of the land and building values of the
area. Only 25% of the property values within the proposed district are needed to forward
the petition to the legislature for approval. Morgan stated that most of the Targe players
in the area have signed, including Cedarvele Mall, Cedarvele Highlands, Fitzgerald's
bowing alley. Norwest, and McDonalds.
Morgan stated that he has spoken with Ted Tinker, property manager for the Silver
Bell Center. Morgan believes that Silver Bell Center may sign the petition, and feels that
If they do not sign the petition, they will not oppose it either. Morgan stated that he would
like to include the Silver Bell Center in the Special Service District for now, simply because
they account for 9% of the property value in the area, and it would be a good way to
spread the assessments out. He strongly believes that Silver Bell Center will benefit from
the Special Service District
Pederson pointed out that not all people who did not sign the petition would
oppose the Special Service legislation. He asked Morgan to give an example of a person
who did not sign the petition, but would not oppose it. Morgan stated the case of Randy
Quern, who owns the old Crown Auto building. Mr. Quern feels he is already paying high
taxes on the building and, on principle, would not sign anything that would raise his taxes.
However, it does not appear that he would oppose the legislation.
Hohenstein stated that the Special Service legislation requires a separate public
hearing regarding the work plan and budget for the year. Hohenstein reviewed the steps
required to enact a Special Service District:
1. 25% of property owners h the affected areas must sign petitions in favor of
the Special Service District.
2. The City Council must hold a public hearing to approve the request and
create a resolution to forward to the legislature.
3. The draft legislation must be presented at the State level.
4. If the legislation is approved, the City Council has authority to approve the
ordinance creating a Special Service District. There is a 30-45 day waiting
period in which property owners can oppose the legislation.
S. If there is not opposition from 35% or more of theaffected properties, then
a budget hearing is scheduled by the City Council.
Hughes made a motion that the EDC recommend approval of the Special Service
District to the City Council. Grinds seconded the motion. The motion passed
33
unanimously.
Morgan added that he would like Silver Bell Center included in the process,
assuming that at worst they will remain neutral.
Reichert pointed out that the City Council can make the determination to include
or exclude Silver Bell Center.
Once again, it was stated that the EDC approves the petition and recornmends that
- R go forward.
Agenda Information Memo
February 1, 1994, City Council Meeting
OSLUND-TIMBERLINE ADDN
(STREET REHABILITATION)
B. Project 643, Oslund-Tunberline Addition (Street Rehabilitation) --On November 16,
the City Council authorized the preparation of a detailed feasibility report to consider the
rehabilitation and restoration of the streets and drainage system within the Oslund-
Timberline Addition. A draft preliminary report was prepared and presented to the affected
property owners at an informational neighborhood open house meeting held on November
30 at Pilot Knob Elementary School. Of the 120+ notices that were mailed for this
meeting, approximately 51 individuals representing 37 properties were in attendance. All
their comments were documented and the draft feasibility report was revised where
appropriate in response to their concerns. Enclosed on pages3(o through (iia is a copy
of the final feasibility report for this proposed public improvement.
At the public hearing, staff will provide an abbreviated presentation incorporating slides,
photos and miscellaneous overheads to further explain the details of this project. If the
project is approved, staff would then proceed with the preparation of formal appraisals on
a representative number of property owners to determine the maximum assessable benefit
associated with this project. The results of that appraisal will then be presented to the City
Council at the time when the contract is considered for award before construction would
begin. Similar to previous projects, staff will notify affected property owners of the result
of the appraisal process and the date that the City Council would be considering award of
a contract.
Staff will be available to respond to any other questions that may arise from this public
hearing process.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve/deny Project 643 (Oslund-Timberline, McCarthy Ridge, and O'Dell Additions -
Street Restoration) and, if approved, authorize the preparation of detailed plans,
specifications and appraisals.
city of ¢agan
Report for
Oslund-Timberline Addition
Street and
Utility Reconstruction
City Project No. 643
Eagan, Minnesota
December 1993
File No. 49532
3(0
Bonestroo
Rosen.
viAnderlik &
Associates
Engineers i Arch:tots
St. rain Y►nns.ots
Bonestroo
Rosene
•
Anderlik &
Associates
Engineers & Architects
December 27, 1993
Honorable Mayor & Council
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Otto G. Bonestroo. PE.
Robert W. Rosen, PE
Joseph C. Anderlik. P.E.
Marvin L. Sorvala. P.E.
Richard E. Turner, P.E.
Glenn R. Cook. PE.
Thomas E. Noyes, PE.
Robert G. Schunicht, PE.
Susan M. Eberlin. C.PA.
*Senior Consultant
Re:Oslund-Timberline Addition
Street and Utility Reconstruction
Project No. 643
Our File No. 49532
Dear Mayor and Council:
Howard A. Sanford, P.E.
Keith A. Gordon, PE.
Robert R. Pfeffede. PE.
Richard W Foster, PE.
David 0 Loskota, P.E.
Robert C. Russek. A.I.A.
Jerry A. Bourdon. PE.
Mark A. Hanson, PE.
Michael T Rautmann. PE.
Ted K. Field, PE.
Thomas R. Anderson. A.1 A
Donald C. Burgardt, PE.
Thomas E. Angus. PE.
Ismael Martinez. P.E.
Michael P Rau. PE.
Philip J. Pyne, P.E.
Agnes M. Ring, A.I.C.P
Thomas W. Peterson, PE.
Michael C. Lynch. P.E.
James R. Maland. P.E.
Jerry D. Pertzsch. PE.
Kenneth P. Anderson, PE.
Mark R. Rohs. PE.
Mark A. Seip, PE.
Gary W Morten, PE.
Daniel J. Edgerton. PE.
Allan Rick Schmidt, P.E.
Philip J Caswell, P.E.
Mark D. Wallis. PE.
Miles B. Jensen. PE
L. Phillip Gravel III. PE.
Karen L. Wiemeri, PE.
Gary D. Kristofitz, PE.
F. Todd Foster. PE.
Keith R. Yapp. PE.
Douglas J. Benoit. PE
Shawn D. Gustafson, PE.
Cecilio Olivier. PE.
Charles A. Erickson
Leo M. Pawelsky
Harlan M. Olson
James F. Engelhardt
Attached is our report for the Oslund Timberline Addition Street and Utility
Reconstruction, Project No. 643.
This report discusses the proposed street and utility reconstruction and presents costs
estimates for these improvements. Also included is the estimated assessment rate per lot.
We will be pleased to meet with the City Council and other interested parties to discuss this
report at a mutually convenient time.
Yours very truly,
BOST 00 ROSENE, ANDERLIK & ASSOCIATES, INC.
Mark A. Hanson
Reviewed by:
Eagan Public Works Dept.
Date:
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/ tate f lyl�inesota.
Mark A. Hanson
Date: December 27, 1993 Reg. No. 14260
Reviewed by:
Date:
Finance Department
2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 31
CITY OF EAGAN
OSLUND-TIMBERLINE ADDITION
STREET AND UTILITY RECONSTRUCTION
PROJECT NO. 643
TABLE OF CONTENTS
Item Page Number
INTRODUCTION 1
SCOPE 1
FEASIBILITY AND RECOMMENDATIONS 3
STREET EVALUATION 3
DISCUSSION 6
Streets 6
Storm Sewer 10
Sanitary Sewer and Water Main Repair 13
EASEMENTS/PERMITS 13
COST ESTIMATE 13
AREA TO BE INCLUDED 14
ASSESSMENT 15
REVENUE 16
PROJECT SCHEDULE 17
APPENDIX A - PRELIMINARY COST ESTIMATE
APPENDIX B - PRELIMINARY ASSESSMENT ROLL
39
INTRODUCTION: The City of Eagan similar to other communities is responsible for
providing utilities and streets to serve existing and new developments. The City officials and
its Public Works Department are also responsible for maintaining and reconstructing these
facilities in a timely manner as they approach the end of their useful life. These facilities
must be properly and cost effectively maintained for the public's safety and welfare.
Typically, utilities have a design life of 40 to 80 years dependent upon how they've been
maintained and constructed while streets have a design life of 20 to 25 years. The design
life for streets is considerably less due to the nature of the materials that are used to build
them, and deterioration resulting from weather and traffic.
Local streets and utilities serving the Oslund Timberline area were constructed privately
approximately 25 years ago. Therefore, the streets in this area are approaching the end of
their useful design life and are in a condition where street reconstruction should be
considered.
It's important that property/homeowners and City officials know and are confident that the
infrastructure system is being properly maintained and replaced at the most opportune time
and at a reasonable cost for the longest period of time. In an attempt to better inform
homeowners/property owners of the condition of their streets, the City of Eagan recently
had structural and surface evaluations done on the streets in Oslund-Timberline area. The
results of the evaluations are presented in this report to help homeowners better understand
the condition of their streets. These evaluations are based on technical and objective
observations made by representatives trained in this work.
SCOPE: This project provides for reconstructing 1.34 miles of existing streets in Oslund-
Timberline area as shown on Figure No. 1. Also included is the construction of new storm
sewer and upgrading portions of the existing storm sewer system. Improvements are also
proposed to the existing sanitary sewer and water main systems.
Pine Ridge Drive between Red Cedar Road and McCarthy Road in Oslund-Timberline was
previously reconstructed in 1985 and assessed to the abutting homeowners. Therefore, this
section of Pine Ridge Drive is not included in the street reconstruction area.
49532.rpt
1 37
11`
Oil
1
•
r.::: Mill
tti EWA
E1MOR "'ICJ
�Ei�»■
Altrt ttri
.I1.t..E.►�+R
,ti..atw�4 ".f1 /.r..
'.siiiu uiI ! :
if Alarm1111
KZ �,r■ :i11i 1==1==
JI
YJ
ti
1
1
88
MO IN.
•
ul\
•
Timber!!
YANK DOODLE RD
1
411
NUS
•0441*44
Azt
LOCATION PLAN
1
iiimmmito
IMF e
plow -
INTERSTATE HWY NO. 494
GENTIAN r.
1111111114k
�
i
EwM�.a,
E
1
00,
lat
so A
IOW
APO
/1
1
11r
‘Viti mum
•
111
L... �!
111111
1111
,,,,,,,, Illpr
, 11*► .rte
1♦mos 12222aw.
11
r .rE t SSW.
ilft;kV° Ertel
4►. tjfl
w>S:
■►
WESGorr RD
LONE
supp4
YANKEE DOODLE ROAD
411
=�I
tdioaiit
IW
EAGAN, MINNESOTA FIGURE 1
STREET & UTILITY RECON. PROJECT No. 643
49532R03.DWG OCTOBER 1993 COMM. 49532
■
0 1000 2000
Score in feet
Bonestroo
Rosene
Anderlik 6
Associates
FEASIBILITY AND RECOMMENDATIONS: This project is feasible from an engineering
standpoint and is in accordance with the 5 -Year Capital Improvement Plans for the City of
Eagan. The project can best be carried out as one contract.
STREET EVALUATION: The streets in the Oslund-Timberline area, with the exception of
Pine Ridge Drive between McCarthy Road and Red Cedar Road, are proposed to be
reconstructed as part of this project. The justification for street reconstruction is based on
the following:
- Street Age
- Structural Strength
- Surface Condition
- Future Maintenance Requirements
In accordance with engineering standards, the anticipated life of a street pavement
constructed to today's standards is 20 to 25 years. As previously mentioned, the life of a
street is based on the type and quantities of materials that are used to build it and the rate
of deterioration due to weather and the volume and load of traffic. The streets in the
Oslund-Timberline area are all greater than 20 years old and were built to a lesser standard
privately by the developer. Therefore, each street has approached the end of its design life
based on its age.
The standard structural strength of a local residential street is a 7- to 9 -ton design. The
heavier design thickness is recommended due to the number and size of service vehicles
(garbage trucks, delivery trucks, school buses, etc.) presently serving residential
neighborhoods. In the case of the streets in the project area, the recommended overlay
thickness for many of the streets ranged between 1" and 2", based on a 9 -ton design
requirement. The structural testing was done by use of a Road Rater which is an electro-
hydraulic device which imposes a load to the roadway and measures its deflection. Based
on the measured deflection, a recommended overlay equivalent thickness is determined to
prevent the deflection based on the design load.
Another important consideration for evaluating an existing street is its surface condition.
The Pavement Condition Index (PCI) ranks the surface condition of each street. Table 1
presents the categories which define PCI Rankings.
49532.rpt
3
TABLE 1
PCI MAINTENANCE REQUIRED
55-100 Routine (Crack Seal/Seal Coat)
35-55 Patch/Repair and/or Overlay
0-35 Reconstruct
In general, PCI Rankings below 35 require removal of the existing bituminous pavement
before constructing a new bituminous surface. In some cases, based on soil borings and
further field investigation during construction, the existing aggregate base may also have to
be replaced or expanded. PCI Rankings between 35 and 55 normally require patching
before constructing a bituminous overlay. PCI Rankings over 55 typically don't require
structural improvements and generally routine maintenance such as crack sealing and seal
coat is acceptable. As noted on Figure No. 2, all of the PCI Rankings, with the exception
of Pine Ridge Drive, are below 40. Therefore, based on the PCI Rankings, street
reconstruction/overlay is recommended.
In summary, based on the age, structural strength, and surface evaluation of the streets in
the Oslund-Timberline area, its appropriate at this time to consider street reconstruction.
49532.rpt
1t1 1 1 t Ili 1 I
LONE OAK ROAD C.S.A.H. 26)
3
0
051-00
2
( 15
o,
bi
MHO
MOP
140.
16
13
20
19
2
42
32
41
18
,7 e4 i i
✓ I >j 33 40 � (Z� 14 7
_ V kg
t 23 24 fig
�� �� 4J,3 g
��
22 c idler %JIM • 111
• 12
16,1e 20
CEDAR . 4. I1116r ICI �O J 26 27 37 11
ICI
OM ®OOHMai
6
5
10
12
11
r
FOUR OAKS RD
0 250 500
Scale in feet
PAVEMENT CONDITION INDEX Bonestroo
Rosene
EAGAN, MINNESOTA FIGURE 2 Anderlik bAssociates
OSLUND—TIMBERLINE ADD., CITY PROJ. No. 643
49532R01.DWG OCTOBER 1993 COMM. 49532 (k.,..5
■
DISCUSSION:
Streets: Streets proposed to be reconstructed in the Oslund-Timberline area are presented
on Figures No. 3. The existing street sections are presented on Figures No. 4 and 5. The
existing street section for the most part includes a 32' wide street with different types of
curb (none, bituminous, concrete). The concrete curb portion is limited to McCarthy Road
approximately 1100' west of Pine Ridge Drive and Pine Ridge Drive between McCarthy
Road and Lone Oak Road. Listed below is the length of existing street with bituminous/no
curb and concrete curb:
Length
Bituminous/No curb 1.07 mile
Concrete curb 0.27 mile
1.34 mile
Street construction proposed in the Oslund-Timberline area includes constructing a new
B618 concrete curb and gutter where none presently exists. On McCarthy Road and Pine
Ridge Drive where concrete curb and gutter exists, only those sections in need of repair will
be removed and reconstructed. The existing bituminous surface will be completely removed
and a new 3" thick bituminous surface will be constructed as presented on Figures No. 4 and
5. The existing aggregate base will be checked for thickness and test rolled. If additional
aggregate base is required, it will be added as directed by the Engineer. It's estimated for
purposes of this report that approximately 3" of new aggregate base will be placed before
constructing the new bituminous surface.
McCarthy Road approaching TH 13 may warrant variable street widths due to existing
slopes abutting the roadway. The proposed design widths and alignments are presented on
Figure No. 3. As noted, it's also proposed to realign McCarthy Road to provide more
gentle curves approaching TH 13.
Due to the new concrete curb and gutter construction, driveway and boulevard restoration
is required. Driveway restoration will include reconstructing the lower portion of the
existing driveway to match the new concrete curb and gutter. Any disturbed portion of
existing driveways will be reconstructed of the same material to an equal or better condition.
49532.rpt
6 4 4
ASSESSMENT AREA
STREET RECONSTRUCT, SAVE
EXISTING CONCRETE CURB
STREET RECONSTRUCT, CONSTRUCT
NEW CONCRETE CURB & GUTTER
I I I
E11It!II1
LONE OAK ROAD (C.SAH. 26)
•
�-_ FOUR OAKS RD j
' REGRADE (MAX.) SLOPE 2%
FOR 100' EAST OF T.H. 13
54:4„1„:„.L.:4_ t421
PINERIDGE DRIVE RECONSTRUCTED
IN 1985, CITY PROJECT ft414
(NOT INCLUDED IN THIS ROJECT)
ASSESSMENT AREA
XISTING STREET ALIGNMENT
PROPOSED STREET
ALIGNMENT
PROPOSED STREET Iv
4, ! EASEMENT 0 50 100
Seale in feet
Y I
0 250 500
Seale in feet
lO 1
i 2 4 7
Mcg ROAD i
1 1 1 1 F
*1 j 11 I I
GUARD
STREET IMPROVEMENTS
30:1 TAPER
/ f L
jI/
1i ij Is*"
f ![J L—j
j !
EAGAN, MINNESOTA FIGURE 3
OSLUND—TIMBERLINE ADD., CITY PROJ. No. 643
49532R01.DWG OCTOBER 1993 COMM. 49532 4,,S
kiBonestroo
Rosene
•
NEIAnderlik &
Associates
R.
30'
30'
------------------
wir
30'-36'
15'-18' 1 15'-18'
Ex. BIT. CURB
L 1 1/2"-2 1 /2 Bituminous
1 Existing Aggregate Base (Variable Thickness)
EXISTING SECTION
30'
30'
R
30'-36'
15'-18'
8618 CONC.
C & G
" CROWN
•� DESIGN GRADE
15'-18'
Note:
Remove existing bituminous
curb & bituminous surface.
—1" Type 41 Bituminous Wear Course
Type 31 Bituminous Base Course
1-3" Class 5 Aggregate Base
PROPOSED SECTION
STREET WIDTHS
All streets are proposed to be
reconstructed to there existing width.
TYPICAL STREET SECTIONS
(Exisiting Bituminous Curb)
EAGAN, MINNESOTA FIGURE 4
OSLUND—TIMBERLINE ADD., PROJECT No. 643
49\49532\49532R06 OCTOBER 1993 COMM. 49532 ( (.P
Bonestroo
Rosene
BEIM
via Anders k&
Ikpi Associates
Engineers& Archttecta
2335 West Highway 36
St. Davi, Minresett 55'?
30'
30'
416
32'
16'
16'
Ex. Conc. Curb
1 1/2" —2 1/2" Bituminous
Existing Aggregate Base (Variable Thickness)
EXISTING SECTION
30'
30'
---------------------
32'
16'
16'
411.
Ex. Conc. Curb
6" CROWN
DESIGN GRADE
Note:
Remove existing bituminous
surface. Repair existing
concrete curb & gutter
as required.
1" Type 41 Bituminous Wear Cours
—2" Type 31 Bituminous Base Cours
—3" Class 5 Aggregate Base (Leveler
PROPOSED SECTION
TYPICAL STREET SECTIONS
(Existing Concrete Curb)
EAGAN, MINNESOTA FIGURE 5
OSLUND—TIMBERLINE ADD., PROJECT No. 643
49\49532\49532R06 DECEMBER 1993 COMM. 49532 41
■
Bonestroo
Rosene
Anderlik&
Associates
Engineers& Architects
2335 West Highway 36
St. Paul, Minnesota 55113
Sanitary sewer manhole and gate valve box adjustment are also required. In addition,
existing storm sewer catch basins and leads are proposed to be reconstructed to present
standards.
Storm Sewer The existing storm sewer serving Oslund-Timberline is shown on Figure No.
6. The performance of the existing storm sewer since its construction was reviewed along
with evaluating its present capacity compared to present standards. In accordance with
design standards, it is recommended the existing storm sewer in Red Cedar Road be
extended from Loon Lane to Cherrywood Court. It's also recommended a short storm
sewer section be constructed in McCarthy Road at TH 13. A special inlet structure is
proposed at McCarthy Road and Red Cedar Road to provide additional inlet capacity in
the event of a blockage. In addition, a low point is proposed to be constructed in McCarthy
Road near Lot 8, Block 4 to reduce the storm water overflow between Lots 18 and 19,
Block 3.
Although the capacity of the existing storm sewer system is close to the required 5 -year
design standard, the 100 -year overflow rate between Lots 18 and 19, Block 3 near McCarthy
Road and Red Cedar Road is substantial (estimated at 70 cubic feet per sec (cfs) for a 100
year event). The storm water overflow in this area has caused an on going erosion
problems for many years. Therefore, as part of this project two alternatives were
investigated to improve the storm water overflow in this area which are shown on Figure
No. 7.
One alternative provides for constructing a storm sewer pipe to convey the 100 -year
overflow event, while the second alternative provides for overland improvements. Included
as part of each alternative is upgrading the access and overland drainage within the existing
sanitary sewer and storm sewer easement to T.H. No. 13. The estimated cost for each
alternative is presented herein; however, it's not recommended at this time to construct
either alternative.
As part of the street reconstruction two improvements are proposed which will reduce the
stormwater overflow between Lots 18 and 19, Block 3. It's felt that by providing greater
inlet capacity into the existing storm sewer system at McCarthy Road and Red Cedar Road,
the existing storm sewer system will be less inclined to plug, thereby reducing the
stormwater overflow in this area. In addition, it's felt that by constructing a low point near
49532.rpt
Lcog
EXISTING/PROPOSED STORM EXTENSIONS
PRO OSE
OV FLO
PRO OSE
LOW POI
P,ROPO ED 6"
FVC t AIN TILE !
020-00071-00 6
PROPOSE 18" i -- � ':� M
STORM WER / '' i 2
jos,-oo
i
PROPOSED
t SPECIAL__
___._W..�._
1 / t I�IL'ET STRUCTURE
cf./
'/ I
`Yf
=N' 11 �'. ....
t, t312 22�
1
5 16 17 18 19 c ; 21
ry0ry
CfDAW R
/I
PROPOSED 21"
STORM SEWER
0 250 500
Score in feet
STORM SEWER IMPROVEMENTS Bonestroo
Rosene
•
win a
EAGAN, MINNESOTA FIGURE 6 As
Asssocsocii iatt es
OSLUND—TIMBERLINE ADD., CITY PROJ. No. 643
49532R01.DWG OCTOBER 1993 COMM. 49532 "$
STORM WATER OVERFLOW/MAINTENANCE DRIVE
STORM SEWER PIPE ALTERNATE
RADE ACCESS ROAD
TO Co. Rd. 26
AN ITALY
ANC
1
No Scale
OVERLAND ALTERNATE
Ex. 42'' Ex. 30"
STORM STORM
bi
GRA6E &
OVRLAN
S ALE F
MbCARTH
10 T.H.
/SOD & /CO3Ns
DITCH ,$LOCI
w/RIP AP AS)
REQUIRED 051-00
RESHAPE LOT 19
DRIVEWAY
RADE ACCESS
TO Co. Rd. 26
_'. AN ITARY
ANC
ROAD
15 t6 17 18 19
' RED iCEDAR RD
STORM SEWER IMPROVEMENTS
EAGAN, MINNESOTA FIGURE 7
OSLUND—TIMBERLINE ADD., CITY PROJ. No. 643
49532R01.DWG OCTOBER 1993 COMM. 49532 So
No Scale
kiBones troo
Rosene
•
Anderlik Q
Associates
Lot 8, Block 4 and redirecting the stormwater overflow at this location to the north, the
stormwater overflow to McCarthy Road and Red Cedar Road will be less. In the event the
stormwater overflow improvements proposed as part of the street reconstruction are not
adequate, the overflow improvements proposed herein and shown on Figure No. 7 can
easily be considered in the future.
Sanitary Sewer and Water Main Repair: Sanitary sewer repairs include removing and
reconstructing the existing 24" diameter sanitary sewer castings with 27" diameter castings.
Water main repairs include locating and repairing fifteen (15) existing curb boxes (shut off)
which are in need of repair as identified by public works. In addition, public works has
experienced an unusual number of water main breaks near the intersection of McCarthy
Road and Red Cedar Road. Therefore, it is proposed to reconstruct approximately 600
lineal feet of water main at this location.
EASEMENTS/PERMITS: A small permanent street easement is required from Lot 1, Block
1, Odell Addition to realign McCarthy Road as shown on Figure No. 3. In addition,
although it's not proposed to construct the stormwater overflow improvements shown on
Figure No. 7 at this time, if they are considered in the future, easements will be required
from Lots 18 and 19, Block 3, Oslund-Timberline Addition and Lot 7, McCarthy Ridge.
COST ESTIMATE: A preliminary cost estimate is presented in Appendix A located at the
back of this report and is summarized below:
A. Bituminous Street Reconstruction $370,460
B. New Concrete Curb 169,930
C. Repair Existing Concrete Curb 25,660
D. Storm Sewer 58,200
E. Storm Water Overflow/Maintenance Drive
Storm Sewer Pipe Alternate $77,530
Overland - Alternate $41,220
F. Sanitary Sewer and Water Main Repairs 58,970
TOTAL $683,220
49532.rpt
130
The total estimated project cost is $683,220, which includes contingencies and indirect costs.
Contingency costs are estimated at 5%, while indirect costs, which include legal,
engineering, administration, and bond interest, are estimated at 30%. The two (2)
alternatives for the Overflow/Maintenance Drive Improvements are shown, but not included
in the total estimated project cost.
AREA TO BE INCLUDED: The area to be included for assessment purposes and
construction only are presented on Figure No. 3 and listed below:
Assessment Area
Oslund-Timberline Addition
Block 1, Lots 1-15
Block 2, Lots 1-10, 19, 20
Block 3, Lots 1-6, 8-19, Parcels 071-03, 072-03
Block 4, Lots 1, 2, 5-19, 21-36, Parcels 031-04, 041-04, 202-04
Block 5, Lots 1-15
Dierenfield Addition
Block 1, Lots 1, 2
McCarthy Ridge
Lot 3, 6
Parcels 020-00, 022-00, 051-00 (Lot 5, 6)
070-00, 071-00, 072-00
Odell Addition
Block 1, Lot 1, 2
49532.rpt
14
S.a)—
Construction Area
Oslund-Timberline Addition
Block 2, Lots 11-18
Block 4, Lots 37-42
ASSESSMENTS: Assessments are proposed to be levied against the benefitted property in
accordance with the City of Eagan's Assessment Policy for Street Reconstruction which is
summarized below. A preliminary assessment roll is included in Appendix B located at the back
of this report. All costs will be revised based on final project costs.
Property Type
Residential/Duplex All Other
Assessed City Assessed fiv
Bituminous Street Reconstruction 75% 25% 100% 0%
New Concrete Curb 100% 0% 100% 0%
Repair Existing Concrete Curb 0% 100% 0% 100%
Storm Sewer 0% 100% 0% 100%
Sanitary Sewer/Water Repair 0% 100% 0% 100%
Stormwater Overflow 100% 0% 100% 0%
A summary of the cost/lot is listed below:
Bituminous Street Reconstruct
New Concrete Curb
Estimated Cost/Lot
$2,503
1,953
$4,456
All properties are proposed to be assessed, based on the improvement abutting their
property, for bituminous street reconstruction and new concrete curb.
It should be noted in Block 3 Oslund-Timberline Addition, Lot 6/Parcel 071-03, and Lot
8/Parcel 072-03, are assessed one lot equivalent each for assessment purposes. Lot 6/Parcel
071-03 and Lot 8/Parcel 072-03 are each owned by one owner, and it's felt they will not
subdivide in the future. Parcel 051-00 in McCarthy Ridge is assessed two lot equivalents
because it includes both Lots 4 and 5 and could subdivide in the future.
The property owner will have the option at the time of the assessment hearing to pay the
assessment in full following the assessment hearing or include the assessment as part of
their property tax statement. If the assessment is included on the property tax statement,
the assessment will be spread over a period of time and at an interest rate determined by
49532.rpt 15e— 2
`S3
the City Council. If the assessment is spread over a 15 year period at a 7% interest rate,
the following payment schedule will result based on the following assessed amounts:
Assessment = $4.502
Principal Interest Cost Per Cost Per
Per Year Per Year Year Month
1st Year $300 $315 $615 $51
15th Year 300 21 321 26
Assessment = $2,549
1st Year $170 $178 $348 $29
15th Year 170 12 182 15
REVENUE: A summary of revenue sources is listed below:
Project
Cost Revenue Balance
A) Bituminous Street Reconstruction $370,460 277,841 $-92,619
B) New Concrete Curb 169,930 169,930 0
C) Repair Existing Concrete Curb 25,660 0 -25,660
D) Storm Sewer 58,200 0 -58,200
E) Stormwater Overflow/Maintenance Drive N/I
F) Sanitary Sewer and Water Main Repairs 58.970 0 -58.970
$683,220 $447,771 $-235,449
The anticipated project deficit is approximately $235,000, which will be the responsibility of
the major street fund and respective utility funds. The Stormwater Overflow/Maintenance
Drive Improvements are identified, but not included.
49532.rpt 16 51.#
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans & Specifications
Award Contract
Substantial Completion
Assessment Hearing
First Payment Due w/Property Tax Statement
49532.rpt 177 S
5
January 4, 1994
February 1, 1994
April 1994
May 1994
September 1994
October 1994
May 1995
APPENDIX A
Preliminary Cost Estimate
Oslund-Timberline Addition
City Project 643
File 49532
A) BITUMINOUS STREET RECONSTRUCTION
120 EA Temporarily relocate mailbox @ $25.00/ea $ 3,000
LUMP SUM Traffic control @ $7,000.00/Is 7,000
25,900 SY Remove bituminous pavement @ $1.50/sy 38,850
3,200 CY Common excavation @ $7.00/cy 22,400
1,200 CY Subgrade excavation @ $5.00/cy 6,000
1,200 CY Select granular borrow @ $5.00/cy 6,000
5,000 TN Aggregate base Class 5 100% crushed @ $7.50/tn 37,500
2,900 TN Base course mixture @ $21.00/tn 60,900
1,450 TN Wearing coarse mixture @ $23.00/tn 33,350
1,200 GL Bituminous material for tack coat @ $1/50/gI 1,800
110 SY Concrete valley gutter @ $30.00/sy 3,300
LUMP SUM Dust control @ $5,000.00/Is 5,000
12 EA Adjust GV @ $150.00/ea 1,800
9 EA Adjust storm existing storm MH/CB @ $400.00/ea 3,600
17 EA Remove/reconstruct existing MH/CB structure @ $1,400.00 23,800
250 LF Remove/reconstruct existing storm sewer pipe @ $24.00/11 6,000
500 SF Retaining wall @ $15.00/sy 7,500
180 LF Guardrail @ $20.00./If 3,600
Total $271,400
+ 5% Contingencies 13,570
$284,970
+ 30% Indirect Costs 85,490
Total Bituminous Street Reconstruction $370,460
B) NEW CONCRETE CURB
11,300 LF B618 Concrete curb & gutter @ $5.00/1f $ 56,500
86 EA Driveway repair @ $600.00/ea 51,600
800 CY Topsoil borrow @ $8.50/cy 6,800
6,400 SY Sod @ $1.50/sy 9,600
49532.rpt
Total $124,500
+ 5% Contingencies 6,220
$130,720
+ 30% Indirect Costs 39,210
Total New Concrete Curb $169,930
18r
C) REPAIR EXISTING CONCRETE CURB
600 LF Remove existing concrete curb & gutter @ $5.00/if $ 3,000
600 LF Concrete curb & gutter @ $10.00/If 6,000
13 EA Driveway repair @ $600.00/ea 7,800
100 CY Topsoil borrow @ $8.00/cy 800
600 SY Sodding @ $2.00/sy 1,200
Total $18,800
+ 5% Contingencies 940
$19,740
+ 30% Indirect Costs 5,920
Total Repair Existing Concrete Curb $25,660
D) STORM SEWER
380 LF 21" RCP Storm sewer @ $32.00/lf $12,160
50 LF 18" RCP Storm sewer @ $28.00/lf 1,400
120 LF 15" RCP Storm Sewer @ $24.00/lf 2,880
800 LF PVC draintile @ $12.00/lf 9,600
7 EA Std MH/CB w/cstg @ $1,200.00/lf 8,400
LUMP SUM Special inlet structure @ $7,500.00/1s 7,500
1 EA 18" flared end section @ $700.00/ea 700
Total
+ 5% Contingencies
+ 30% Indirect Costs
Total Storm Sewer
49532.rpt
19
S
$42,640
2,130
$44,770
13,430
$58,200
E) STORM WATER OVERFLOW/MAINTENANCE DRIVE
1) Storm Sewer Pipe - Alternate
270 LF 36" RCP storm sewer @ $50.00/lf $13,500
350 LF 30" RCP storm sewer @ $40.00/lf 14,000
3 EA Std. MH @ $1,500.00/ea 4,500
1 EA 30" flared end section @ $1,200.0/ea 1,200
LUMP SUM Grading (overland swale, maintenance drive) @ $5,000.00/ls $5,000
110 SY Bituminous drive repair @ $10.00/sy 1,100
600 SY Stabilization fabric @ $1.50/sy 900
500 TN Class 5 for Maintenance Drive @ $8.00/tn 4,000
1,000 SY Erosion fabric @ $4.00/sy 4,000
200 CY Topsoil borrow @ $8.00/cy 1,600
1.0 AC Seed w/mulch, fertilizer @ $1,000.00/ac 1,000
3,000 SY Sod @ $2.00/sy 6.000
Total $56,800
+ 5% Contingencies 2,840
$59,640
+ 30% Indirect Costs 17,890
Total Storm Sewer Pipe - Alternate $77,530
2) Overland - Alternate
LUMP SUM Grading (overland swale, maintenance drive) @ $10,000.00/ls $10,000
110 SY Bituminous drive repair @ $10.00/sy 1,100
600 SY Stabilization fabric @ $1.50/sy 900
500 TN Class 5 for maintenance Drive @ $8.00/tn 4,000
1,000 SY Erosion fabric @ $4.00/sy 4,000
400 CY Topsoil borrow @ $8.00/cy 3,200
1.0 AC Seed w/mulch/fertilizer @ $1,000.00/ac 1,000
3000 SY Sod @ $2.00/sy 6,000
49532.rpt
Total $30,200
+ 5% Contingencies 1,510
$31,710
+ 30% Indirect Costs 9,510
Total Overland - Alternate $41,220
's8
F) SANITARY SEWER AND WATER MAIN REPAIRS
7 EA Reconstruct sanitary MH @ $700.00/ea $ 4,900
25 EA Adjust sanitary MH w/new cstg @ $350.00/ea 8,750
15 EA Locate and repair curb boxes @ $500.00/ea 7,500
600 LF 6" DIP water main @ $24.00/lf 14,400
6 EA 6" GV box @ $500.00/ea 3,000
1 EA Hydrant @ $1,200.00/ea 1,200
800 LB Fittings @ $1.00/lb 800
5 EA Corporation stop @ $30.00/ea 150
5 EA Connect to exist. copper water service @ $200.00/ea 1,000
3 EA Connect to exist. water main @ $500.00/ea 1,500
49532.rpt
Total
+ 5% Contingencies
+ 30% Indirect Costs
Total Sanitary Sewer and Water Main Repairs
21 5-1
$43,200
2,160
$45,360
13,610
$58,970
APPENDIX B
Preliminary Assessment Roll
Oslund-Timberline Addition
City Project 643
File 49532
A) OSLUND-TIMBERLINE
Cost per Lot!Equivalent
Parcel Description
No. Lot
Equivalents
Bituminous Street
Reconstruction
Concrete
Curb
Total Cost per
Lot Equivalent
Total
Assessment
OSLUND-TIMBERLINE ADDITION
Block 1, Lots 1.15
15
2,549 (1)
1,953 (2)
4,502
67,530
Block 2, Lots 1.10
10
2,549
1,953
4,502
45,020
Block 2, Lots 19-20
2
2,549
,
,
2,549
5,098
Block 3, Lots 1-5
5
2549
2549
12,745
Block 3, Lot 6 & Parcel 071-03
1
2,549
2,549
2,549
Block 3, Lot 8 & Parcel 072-03
1
2,549
2,549
2,549
Block 3, Lots 9.11
3
2,549
2,549
7,647
Block 3, Lots 12-19
8
2,549
1,953
4,502
36,016
Block 4, Lots 1,2
2
_ 2,549
2,549
5,098
Block 4, Parcel 031-04, 041-04
2
2,549
2,549
5,098
Block 4, Lots 5-10
6
2,549
2,549
15,294
Block 4, Lots 11-19
9
2,549
1,953
4,502
40,518
Block 4, Parcel 202-04
1
2,549
1,953
4,502
4,502
Block 4, Lots 21-36
16
2549
1_,953
4,502
72,032
Block 5, Lots 1.15
15 _
2,549
1,953
4,502
67,530
DIERENFIELD ADDITION
Block 1, Lots 1, 2
2
2,549
1,953
4,502
9,004
MCCARTHY ADDITION
Parcel 020-00, 022-00
2
2,549
1,953
4,502
9,004
lot 3
1
2,549
1,953
4,502
4,502
Parcel 051-00 (Lots 4, 5)
2
2,549
1,953
4,502
9,004
Lot 6
1
2,549
1,953
4,502
4,502
Parcel 070-00, 071-00, 072-00
3
2,549
1,953
4,502
13,506
ODELL ADDITION
Block 1, Lots 1, 2
2
2,549
1,953
4,502
9,004
TOTAL
109
277,841
169,911
447,752
(1) Rate equals 75% of Bituminous Street Reconstruct (*370,460) divided by number of lot equivalents (109).
(21 Rate equals 100% of New Concrete Curb ($169,930) divided by number of lot equivalents (87).
49532/rpt
22
Agenda Information Memo
February 1, 1994, City Council Meeting
SELECT IMPROVEMENT OPTION FOR FURTHER STUDY
(CEDARVALE ACCESS IMPROVEMENTS)
A. Project 656, Select Improvement Option for Further Study (Cedarvale Access
Improvements) --On June 15, 1993, the City Council acknowledged a contribution of $4,000
from the Cedarvale Merchants and commissioned a study to evaluate potential
improvements of access to the Cedarvale area and to follow through with the preparation
of a detailed feasibility report.
Several meetings were held with MnDOT and other interested parties to investigate access
improvements. As a result of these meetings, it was determined that no additional accesses
would be available from TH 77 (Cedar Freeway) or TH 13. Therefore, City staff, through
its consulting engineer (SEH), then investigated possible improvements to the existing Silver
Bell Road, Cedarvale Boulevard and Beau d'Rue access intersection.
As a result of this study, two alternates for the Silver Bell Road access intersection were
prepared and presented at an informational open house neighborhood meeting held on
Janu 6, 1994, at the Cedarvale Lanes Community Room. Enclosed on pages nand
is a copy of the two alternates that were presented. Enclosed on pages fo and
is a summary of the responses to those two alternates (the actual written comments
have previously been forwarded to the City Council).
At this stage of the process, it would be appropriate for the City Council to provide input
as to which alternate should be pursued in the preparation of a formal detailed feasibility
report that can then be presented at a formal public hearing to decide whether the City
should proceed with these improvements.
ACTION TO BE CONSIDERED ON THIS ITEM: To select the appropriate alternate in
preparing a final feasibility report for Project 656 (Cedarvale Area - Access Improvements).
Of----=]
Cedarvale Area Access Improvements
City of Eagan Project 656
SEH File A EAGAN 9403.00
CONCEPT ONLY
ALTERNATE 1
11-23-93
SCALE 1 "=200'
4 I I I I M P I I I Prj rSirle
MITICAYMMIS CISRPcw es
CONCEPT ONLY
of=
ALTERNATE 2
11-23-93
SCALE 1"=2001
Cedarvale Area Access Improvements
City of Eagan Project 656
SEH File A EAGAN 9403.00
(‚3
Aar
411115ei
OVGIMMINE ITICTS,
gSEH
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER. ST. PAUL, MN 55110 612 4902000 800 325-2055
ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION
COMMENTS FROM PUBLIC INFORMATIONAL MEETING
CEDARVALE AREA
JANUARY 6, 1994
(EAGAN PROJECT 656)
(SEH NO. A-EAGAN9406.00)
Comments were solicited from attendees at the public open house information meeting held at
Cedarvale Lanes from 3:00 to 7:00 p.m. on January 6, 1994. Approximately 20 people attended.
Questions on the comment sheet were:
1. What do you like and/or dislike about the existing roadway system?
2. Comments regarding Alternative 1 (Silver Bell Road, Cedarvale Drive, Beau D'Rue Drive).
3. Comments regarding Alternative 2 (Beau D'Rue cul de sac).
4. Other General Comments.
A summary of comments received:
Likes and Dislikes Regarding Existing Roadway
• Double 3 -way intersection is very difficult.
• Can be a bottleneck, especially coming from Cedarvale.
• Complicated.
• Bad visibility and access.
• Hard to make a left turn from Cedarvale.
• Backs up heavily on Silver Bell in morning.
• (Intersection) makes it difficult to enter or leave the area.
• Difficult getting onto and off Cedarvale Boulevard.
• Traffic does not move.
• Too congested; not enough traffic flow in such a major business area.
• Difficulty entering the area.
• Poor traffic flow at intersection.
Alternative 1
• Makes the most sense.
• Should clean up traffic flow a lot.
• Improves access.
• Could be signalized for better traffic flow.
• The intersection proposed would be a big help.
• Like this best; allows everyone equal chance.
• Smoother flow through area.
• Would help solve existing problems.
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS, MN ST. CLOUD, MN
CHIPPEWA FALLS. WI
MADISON, WI
Comments from Public Information Meeting
Cedarvale Area
January 6, 1994
Page 2
Alternative 2
• Flow of (customer) traffic would be shut off forcing customers to drive to Rahn Road.
• Would make access to office very difficult.
• Significant disruption to residents on Gold Trail.
• Blocks artery into area.
• No drive by visibility to Business's on Beau D'Rue.
• Businesses fronting on Beau D'Rue will be hurt immensely.
• Don't like the limitation of traffic; access must be increased.
• Cuts off access to Silver Bell Center Area.
• Box in the area and complicate access to Beau D'Rue.
• Will allow more traffic onto Cedarvale Drive.
• Would give the majority of business the maximum use of the traffic flow.
• Favor this because it forces more traffic into the Cedarvale area.
• Believe this might put more traffic onto Cedarvale and be asset to business.
• Would rather do nothing than the cul-de-sac.
• "Borders on lunacy"
• "Very bad idea"
Agenda Information Memo
February 1, 1994 City Council Meeting
NEw SINE
ORDINANCE AMENDMENT TO ZONING CODE
A. Ordinance Amendment to Chapter 11 (Zoning), Section 11.03, Regarding the Definition
of Rental Shop & Section 11.20, Subd. 10B, Allowing Rental Shops in NB (Neighborhood
Business) Districts --At its meeting of January 25, 1994, the Advisory Planning Commission
considered proposed amendments to the zoning code to permit rental shops in neighborhood
business dis cts. A copy of the proposed ordinance amendments is enclosed on pages ( 7
through (D 6for your review. The Commission had previously discussed this proposal with
staff and indicated its concurrence with the proposal. The idea of allowing rental shops in
neighborhood business districts stems from a request from a business owner who wants to
develop a rental business in Blackhawk Center. The Commission felt that the type of rental
business that has no outdoor storage is essentially the same as other retail goods and
services and would be compatible in neighborhood business districts. The APC unanimously
recommends adoptigof these amendments by the City Council. Their minutes are
attached on page
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to
Chapter 11, Section 11.03 (87) regarding the definition of rental shop and Section 11.20,
Subdivision 10B allowing rental shops in neighborhood business districts.
�e �
OmDIMANCE NO. IND SERIES
AN ORD221ANCE OF THE CITY OP EAGAN, !MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LANDUSE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.03 REGARDING DEFINITION OF RENTAL SHOP; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND RECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter is hereby amended by adding
Section 11.03(87), to read as follows:
87. Menta; _Lop' - A business operated within _a
principle gtructure find envaq d exclus ye].y in Providing
1' 1-
1
.. . y
e
1. f ,
tor cone deration paid, expept for the incidental sale_o/
accessories related to those stems reed.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violations" and Section 11.99, 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: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date ordinance Published in the Legal Newspaper:
(e1
ORDINANCE NO. !ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LANDUBE REGULATIONS (ZONING)" BY
AMENDING RECTION 11.20, BUBD. 10(8), REGARDING RENTAL SHOPS AS
PERMITTED USES IN NEIGHBORHOOD BUSINESS (NB) DISTRICTS; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 11 is hereby amended by adding
Section 11.20, Subs. 10(8)(7), to road as follows:
7. Rental Shops.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation'" end Section 11.99, entitled "Violation a Misdemeanor" are
herebyadopted in their entirety by reference as though repeated
verbaim.
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. Venoverbeke By: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted:
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Nearing:
�8
Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES
JANUARY 25, 1994
ORDIIDLIINCE AMENDMENT -
OITT OF MOAN
Chairman Voracek opened the next public hearing of the evening
regarding an Amendment to Chapter 11 (Zoning) of the City Code
allowing rental shops in NB (Neighborhood Business) districts.
Project Planner Ridley stated that the Advisory Planning
Commission directed at its December 1993 meeting that staff prepare
en ordinance amendment under which rental shops be a permitted use in
Neighborhood Business districts. He stated that the proposed
ordinance ie back before the Commission for approval. City Planner
Sturm added that the Commission, at the time it directed staff to
draft the ordinance, had a concern regarding outdoor storage. It was
the Commission's understanding that rental shops in Neighborhood
Business districts would be prohibited from having outdoor storage.
Nr. Sturm advised the Commission that the City has been advised by
the City Attorney's Office that it may not deny outdoor storage for
one use in a district but permit it for another.
Hey' moved, Wallace seconded, the motion to approve an Amendment
to Chapter 11 (Zoning) of the City Code allowing rental shops in NB
(Neighborhood Business) districts.
All present voted in favor.
Agenda Information Memo
February 1, 1994 City Council Meeting
BUILDING PERMIT REQUEST/AMERICAN RED CROSS
B. Consider Building Permit, American Red Cross, Eagandale Industrial Park, Eagandale
Boulevard at Eagandale Court --The American Red Cross, represented by Mr. Gene Happe
of EFH Co., has requested permission to begin construction of a new blood testing
laboratory on property in the Eagandale Industrial Park prior to preliminary or final plat
approval. This property has been previously subdivided, but due to a technicality, needs to
be replatted in order for a building t p be constructed. The staff report on this request is
attached on pages 71 through -7 The staff report includes recommended conditions
of approval should the Council choose to support this request. Also enclosed on pages 2
through 1 % is a copy of a letter to Community Development Director Reichert from Mr.
Happe regarding this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny issuance of a
building permit to EFH Co. for construction of an American Red Cross blood testing
laboratory in Eagandale Industrial Park prior to final platting subject to the conditions set
forth in the staff report.
tto
MEMO
city of eagan
TO: Tom Hedges, City Administrator
FROM: Peggy A. Reichert, Community Development Direct
DATE: January 25, 1994
SUBJECT: Red Cross Laboratory: Building Permit Request
INTRODUCTION
The American Red Cross, represented by Mr. Gene Happe, has requested permission
to begin construction of a new blood testing laboratory on property in the Eagandale
Industrial Park prior to preliminary or final plat approval. The purpose of this
memorandum is to provide background information and analysis of planning and
development issues for the City Council as it considers this request at its meeting of
February 1, 1994.
BACKGROUND
EFH Co„ represented by Mr. Gene Happe, has been selected to develop a 25,000 square
foot office building to be used as a national Blood Testing Laboratory for the American
Red Cross. As Mr Happe's letter of January 21 indicates, the Red Cross is working under
very tight time constraints to construct its new facility. Mr. Happe met with City
Administrator Hedges and me two weeks ago to discuss his situation and seek some
potential solution. Mr. Happe expained then that the Red Cross has been looking at sites
in the general area for almost aryear now. A site in St. Paul was eliminated late in 1993
and a site in Mendota Heights was eliminated in Janauary, 1994.
The Red Cross is consolidating its blood testing labs around the country into about 10
major regional facilities. This facility will employ approximately 80 persons, in three shifts.
Proximity to the airport is critical because the blood samples will be air freighted in to the
lab. The facility itself will be a tax exempt property since the Red Cross is a not-for-profit
enterprise..
The Red Cross is now looking at a site in the Eagandale Industrial Park. The property
is zoned properly for the Blood Testing Laboratory.(I-1) The only problem is that the 3.2
acre site is currently situated as two separate Tots. (See attached map.) To build on them
as one parcel will require a lot combination. Because the two lots were originally
established as separate Tots in separate legal actions, a full replatting of the property is
necessary to achieve the lot combination. (The Council may be interested to know that
if a building is constructed that straddles lot lines, stricter fire wall requirements in the
structure along the property line would be required. Also, zoning code requirements do
not permit a building to be constructed on one lot and required parking, an accesssory
use, constructed on the other lot. This requirement is intended to safeguard against
either required parking to be separated from a principle use and sold off, or parking only
developed on a lot without a principle use.)
Mr. Happe indicated that he needs to have a building shell constructed by March 15,
1994. Construction of the shell will only take a few days because it is largely constructed
of prefabricated materials. The exterior will be constructed of washed aggregate panels.
The normal practice in the City of Eagan has been to require completion of final plat,
including completion of the Developmentr Agreement and submission of all security
agreements, City Council approval of the Final Plat , and recording of plat documents
prior to issuance of building permits. On occasion, the City Council has approved early
issuance of grading and/or foundation permits following preliminary plat approval and
subject to submission of adequate grading and drainage plans. Examples include the
Mann Theatre and the Lifetime Fitness.
PROPOSAL
In order to meet his timeline, Mr. Happe is requesting City Council authorization of
approval of a building permit prior to preliminary or final plat approval. It would be Mr.
Happe's intention to proceed with the replatting of the property as soon as possible. Mr.
Happe has also stated that the Red Cross would agree to a condition tying issuance of
the certificate of occupancy to the approval and recording of the final plat.
ANALYSIS
While granting this request would appear to be unprecedented, the circumstances
creating the need for replatting of this property appear to be generally technical and legal
in nature. There are no major issues involving availability of basic streets and utlilities that
are often involved in platting of properties.
If the City Council decides to grant this request, the following conditions of approval are
recommended:
1. Issuance of a building permit is conditioned upon:
a. Submission of a complete preliminary plat application
b Submission by the applicant for approval by staff of grading, drainage,
and utility plans for the site.
c. Submission by the applicant for approval by staff of a complete set of
architecturally certified building plans.
d. Written agreement from the appropriate Red Cross representative to the
conditions set forth by the City Council.
2. Issuance of the Certificate of Occupancy and provision of water service is conditioned
7a-
upon City Council approval of the Final Plat and recording by the applicant.
Mr. Happe should also allow approximately two weeks for staff review and approval of his
grading, drainage, utility, and construction plans.
ACTION TO BE CONSIDERED
To approve or deny issuance of a building permit to EFH Co. for construction of the
American Red Cross Blood Testing laboratory in Eagandale Industrial Park prior to
final platting subject to the conditions set forth in this report.
73
\r/
....:- -1... _.- •-• , \ „..... .-- --•• •-•'^ A
1.,
\ \ \ _ i ,. _r_.-- r, \ C,.. \\ \ Ilk
Xt.,"-\ ...._ ...,. \ 1, „\ "... \ A` '7' ,..
/ 1 \:...., _
" \ \
li ( .._ ,de _ / / 1 ) )v 1 X : / --- - -- •-•
• ,,.. 0,,, 1
1/l- \ ) 1/ i 14,1 / , ‘
/t , // '''' N,,,1 I ,' ‘ \ /
,
/ ,
r
: i / / „/"/ 1 ' 1 i ' ,. N‘;- -,
•••••• ,• / / r ///7, ,,, ,,,, 4
/ - -"' ' / / • / / , -,,,
/ / / / , ‘• ( •\ .,... .
I....7:".\.: <
• / ( ( 1 f ) 1 f -_ t \
\
\ I \ . ( / ,
"",'
‘, ..,
--- •„,,,, \ -- .._• _,,\\\, i ,..'
•,.. -\\\ 0 • -
/
'- ;1/0 0) ••`•-
j A ,!.' \
,
74\ .A
.C..., -S•,-7\
k k• IV\ \\
•;,k,\•,\\
•‘\\ •
• *".•
\ ...k
i_ -- , • - „.' -‘-‘,,
..,
\\
a:, , ‘
V /
N •\ \%\k\\‘.. k• .. . i - - c 1,, 1;
7-_
'to..., ..../00.../..:/, ,.
-- ...•
.....„
Ms. Peggy Reichert
City Planner
City of Eagan
Eagan, Minnesota
Re: American Red Cross
Dear Ms. Reichert,
This letter will document our request regarding the
American Red Cross proposal which we discussed this past
week.
EFH Co. has been selected to develop a 25,000 square
foot office building to be used as a National Blood Testing
Laboratory for the American Red Cross. The Red Cross is
under a federal mandate to have the building up and operating
by September 1, 1994, after having received Food and Drug
Administration approval. This approval involves nearly a two
month process after completion of the building and
installation of the equipment. To meet this schedule, a
shell building is needed approximately March 1, 1994.
We have acquired the subject site in Eagan Industrial
Park presently owned by the W. W. Grainger Company. The site
meets all of the criteria for the Red Cross use but has a
problem because of the way it has been platted. One of the
lots is Torrens and the second is Abstract. This will
require a replat of the two platted lots. Because of our
time frame, we cannot delay construction until the property
is platted.
Our request to the City Council is to permit us to
proceed with the Building as shown on the previously
submitted site plan while the final plat is being prepared
and approved. Scott Soukup of Sunde Land Surveying, Inc. is
proceeding with the preliminary plat for Council
consideration.
The facility will provide 80 new jobs, 40 working
during a normal day shift and 20 during each of two night
shifts. The facility, a Regional Blood Testing Facility,
will replace approximately 5 smaller testing labs in various
other states. The building will be 50% office and 50%
laboratory using modern computer technology. This building
1601 EAST HIGHWAY '13, BURN
A 55337 612-890-6450 • FAX 612-890-5476
Ms. Peggy Reichert
City Planner
City of Eagan
January 21, 1993
Page 2
is strictly a testing laboratory and is not used by the
general public.
Red Cross is asking for us to secure a shell building
permit while the platting process goes on. Red Cross will
consent to a no occupancy permit until the platting is
completed. My experience with the Sunde firm is that they
will do the platting in a proper and expeditious manner.
Thank you for your consideration.
Yours truly,
r -1G