08/02/1994 - City Council RegularREGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
August 2, 1994
6:30 P.M.
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AV.NDA
6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
6:30 - ADOPT AGENDA & t.PPROVAL OF MINUTES (BLUE)
6:35 - VISITORS TO BE PEARD (10 MINUTE TOTAL TIME LIMIT)
6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
V. 6:55 - CONSENT AGENDA (PINK)
PERSONNEL ITEMS
LICENSES, Plumbers
LICENSE RENEWALS for 1994 -95;
Therapist
LICENSE RENEWALS for 1994 -95;
LICENSE RENEWALS for 1994 -95;
LICENSE RENEWALS for 1994 -95; Trailer
APPOINTMENT of election judges for September 13, 1994 Primary Election
MAINTENANCE AGREEMENT, for C < -.nty Bikeway Trails between the County of
Dakota and City of Eagan
FINAL PLAT, Lexington Pointe llth Addition
CONTRACT 94 -13, Approve plans and authorize advertisement for bids
(Municipal Center Site Development)
AMENDMENT, Eagan Revolving Loan Fund Guidelines, Low and Moderate
Income Criteria
ORDINANCE AMENDMENT, to City Code Chapter 11 entitled "Land Use
Regulations (Zoning)” which adds Section 11.04 entitled "Interim Use:
Study Area "; and which adopts by reference City Code Chapter 1 and
Section 11.99.
GRANT AGREEMENT, with DNR for Oak Wilt Suppression
APPROVE PLANS AND SPECIFICATIONS, Trail Sealcoating
APPROVE PLANS AND SPECIFICATIONS, Bur Oaks Park playground
CONTRACT 92 -BB, Acknowledgement of Project Completion (Coventry Pass
4th Addition, streets and utilities)
RECEIVE PETITION /ORDER PUBLIC HEARING, Vacation of Public Right -of -way,
Mendota Road
RECEIVE PETITION /ORDER PUBLIC; HEARING, Vacation of Public Right -of -way
and Utility Easements, Mendota Road
CONTRACT 94 -06 (Wilderness Pun Addition - Street and Utility Recon-
struction) - Contract Change Order #1
7:00 PUBLIC HEARINGS (SALMON)
Massage Therapy Establishment and Massage
Amusement Device
Service Station
VACATION, public right -of -way, Carol Street
PROJECT 674, Violet Lane streets and utilities
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OLD BUSINESS (ORCHID)
REQUEST FOR EXTENSION OF TIME, Grading /Excavation Permit /Ex -10 -163
(Robert O'Neil Property)
NEW BUSINESS (TAN)
VARIANCE, Steven and Monica Seme, of 6.5' from the minimum setback of
50' from Johnny Cake Ridge Road, located on Lot 56, Block 2, Mallard
Park 3rd Addition in the NE 1/4 of Section 9.
CONDITIONAL USE PERMIT, Steiner Development Inc., to allow a freight
terminal in a LI (Light Industrial) district located on Lots 33 and 34,
Block 2, Eagandale Center Industrial Park in the NE 1/2 of Section 3
on the south side of Trapp Road.
PRELIMINARY PLAT EXTENSION, James Curry - request for a one year exten-
sion for Majestic Oaks Addition, located in the SE 1/4 of Section 25.
PRELIMINARY PLAT, Fiala Addition, consisting of 2 lots on 3.6 acres of
portions of previously platted Lots 5, 6, and 7, Skovdale Addition
located on the northeast intersection of Pilot Knob Road and Deerwood
Drive in the NW 1/4 of Section 22.
ADDITIONAL ITEMS (GOLD)
CONTRACT 94 -02, Approve plans and specifications and authorize
advertisement for bids (Violet Lane and Yankee Doodle Road)
X. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
XI. ADMINISTRATIVE AGENDA (GREEN)
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. 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: JULY 29, 1994
SUBJECT: AGENDA INFORMATION FOR THE AUGUST 2, 1994 CITY COUNCIL
MEETING
After approval is given to the August 2, 1994 City Council agenda, regular meeting minutes
for July 19, 1994, special Council minutes for July 12, 1994 and July 19, 1994, the following
items are in order for consideration.
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Agenda Information Memo
August 2, 1994 City Council Meeting
There are nineteen (19) 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.
A. PERSONNEL ITEMS:
PERSONNEL ITEMS
Item 1. Collective Bargaining Agreement /Sergeant Unit - -As the Council is aware, the
sergeants' collective bargaining unit and the Eagan City Council both tentatively approved the
table agreement regarding the 1994/1995 collective bargaining agreement for the sergeants' unit.
The collective bargaining agreement has now been formally approved by the unit in a written
ballot. Therefore, it would be appropriate at this time for the Council to formally approve the
agreement. As the Council is aware, the main provisions in the agreement concern: (1) an hourly
compensation increase for 1994 and 1995 equal to the dollar amount increase of the police unit
for those years; (2) provisions for health insurance which are the same as for all other City
employees; (3) the elimination of the differential for the detective sergeant positions; and (4) in
1995, the elimination of the uniform allowance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1994/1995 collective
bargaining agreement with the sergeants' bargaining unit.
Item 2. Equipment Maintenance Worker - -On June 3, 1994, an employee in the Street
Maintenance Section of the Streets/Equipment Maintenance Division resigned. With that
resignation an employee, Dean Robinson, in the Equipment Maintenance Section requested to
transfer to the Street Maintenance Section in the same division. Since this was merely a transfer
in a division, the transfer was approved. Therefore, there was a vacancy in the Equipment
Maintenance Section. The position was advertised and qualified applicants were given a written
test. On Monday, August 1, six candidates are scheduled to be interviewed for the vacant
position. The interview panel will consist of Superintendent of Streets and Equipment Erhart,
Chief Mechanic /Shop Supervisor Streefland and Assistant to the City Administrator Duffy. It
is expected that the name of the person to be recommended for hire for the vacant position will
be presented to the Council at their meeting on Tuesday, August 2.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the person who
is recommended by the interview panel as a maintenance worker in the Equipment Maintenance
Section of the Streets/Equipment Maintenance Division of the Public Works Department.
Agenda Information Memo
August 2, 1994 City Council Meeting
Item 3. Construction Analyst -- Interviews for the vacant Construction Analyst position are
scheduled to be held Wednesday, August 3, 1994. The interview panel will consist of
Director of Community Development Reichert, Chief Building Official Reid, Senior
Inspector Schoeppner and Assistant to the City Administrator Duffy. The interview panel
is requesting the Council's approval on Tuesday, August 2, of the hiring of a person to be
recommended by the interview panel.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person as
recommended by the interview panel as a Construction Analyst in the Protective Inspections
Division.
Item 4. Seasonal Park Maintenance Worker-- After interviews, it is the recommendation of
Park Operations Supervisor Pelletier that Steven Murtinger be hired as a seasonal park
maintenance worker.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Steven
Murtinger as a seasonal park maintenance worker.
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Agenda Information Memo
August 2, 1994 City Council Meeting
PLUMBERS' LICENSES
B. Licenses, Plumbers - -City Code requir that plumbing contractors be licensed on at least
an annual basis. Enclosed on page is a list of plumbers whose applications are in
order for consideration by the Council at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as
presented.
PLUMBER LICENSES FOR APPROVAL, - YEAR 1994
1. HANSON- KLEVEN PLBG CO
2. P & D MECHANICAL CONTRACTING CO INC
3. PROPLUMB INC
For August 2, 1994 City Council
meeting
Agenda Information Memo
August 2, 1994 City Council Meeting
MESSAGE LICENSE RENEWALS
C. License Renewals for 1994 -95, Massage Therapy Establishment and Massage Therapist- -
City Code requires that massage therapists and massage therapy establishments not
including licensed chiropractors and physicians be licensed on at least an annual basis.
Enclosed on page is a list of therapists and establishments whose applications are in
order for considerat on at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the massage therapy
establishment license and massage therapist licenses as presented.
Trevor Richards
3294 Valley Ridge Dr.
Eagan, MN 55121
Barbara Ward
230 -13th Ave. S.
So. St. Paul, MN 55075
Laceson Town
1887 Bear Path Tr.
Eagan, MN 55122
Susan Sterns
1960 Cliff Lake Rd.
#108
Eagan, MN 55122
Kokomo Tan
Dan Larson
1960 Cliff Lake Rd.
#108
Eagan, MN 55122
1994 -95 Licensed Massage Therapists
1994 -95 Licensed Massage Establishment License
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Agenda Information Memo
August 2, 1994 City Council Meeting
AMUSEMENT DEVICE LICENSE RENEWALS
D. License Renewals for 1994 -95, Amusement Devices - -City Code requires that
e )i ablishments with amusement devices be licensed on an annual basis. Enclosed on page
is a list of establishments whose applications are in order for consideration at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amusement device
license renewals for 1994 -95 as presented.
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j994 Amusement Device Renewals:
VENDOR
Advance Carter Co.
American Amusement
850 Decatur Ave. N.
Minneapolis, MN 55427
645 -6810
Dahlco Music & Vending
296 N. Pascal St.
St. Paul, MN 55104
C/O Alex
645 -1111
Gary Starks
3125 Dodd Rd.
Eagan, MN 55121
Theisen Vending
3800 Nicollet Ave.
Minneapolis, MN 55409
Awe Vending & Amusements
476 So. Snelling Ave.
Suite #2
St. Paul, MN 55105
Wally Shaver
15764 Highview Dr.
Apple Valley, MN 55124
Mendota Valley Amusement 2 mach.
9177 E. Courthouse Blvd. Ct.
Inver Grove Hts, MN 55077
451 -0420
CDL
1317 No. Hwy. 169
Champlin, MN 55316
427 -6956
American Amusement Inc.
1416 Carroll Ave.
St. Paul, MN 55104
Attn: Mark
# MACH. LOCATION
2 mach.
3 mach.
12 mach.
14 mach.
5 mach.
1 mach.
5 mach.
3 mach.
2 mach.
License Period:
July 1, 1994 -June 30, 1995
Bulk Mailing Plant -3165 Lexington Ave.
J. Doolittles -2140 Cliff Rd.
Cedarvale Lanes -3883 Beau De Rue
LaFonda's -3665 Sibley Memorial Hwy.
Valley Lounge -3385 Sibley Memorial Hwy.
Richards -4185 So. Robert Tr.
Cherokee Room -4625 Nicols Rd.
McDonalds
Mediteranean Cruise
4-15 mach. Starks Saloon -3125 Dodd Rd.
>15 mach. Grand Slam -3984 Sibley Memorial Hwy.
5 mach.
2 mach.
2 mach.
2 mach.
3 mach.
1 mach.
2 mach.
3 mach.
1 mach.
1 mach.
1 mach.
Diamond T-4889 Pilot Knob Rd.
Main Ave Video -1565 Cliff Rd.
Main Ave Video -4180 Pilot Knob Rd.
Piccolo's Pizza -4162 Pilot Knob Rd.
Splatball Indoor -3820 Sibley Mem Hwy
Cherokee Room -4625 Nicols Rd.
Golden Gloves Card Shop
3390 Coachman Rd. #210
Broadway Pizza -3902 Beau De Rue
Pizza Hut -Town Centre Dr
Pizza Hut -Cliff Rd
Davanni's -Cliff Rd.
Italian Pie Shoppe
Agenda Information Memo
August 2, 1994 City Council Meeting
SERVICE STATION LICENSE RENEWALS
E. License Renewals for 1994 -5, Service Stations - -City Code requires that service stations
be licensed on an annual basis. Enclosed on page 1 is the list of businesses whose
applications are in order for consideration at this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the service station license
renewals for 1994 -95 as presented.
lo
lag _f dame /Address
Brooks Superette
3390 Coachman Rd.
Eagan, MN 55121
Cedar Cliff Amoco
4600 Slater Rd.
Eagan, MN 55122
Cedarvale Texaco
3830 Sibley Mem Hwy
Eagan, MN 55122
Duckwood 66
3575 Pilot Knob Rd.
Eagan, MN 55122
Eagan E -Z Stop
4195 Nicols Rd.
Eagan, MN 55122
Eagan Amoco
4205 Nicols Rd.
Eagan, MN 55122
FinaServe 3130 Dodd Rd #576
FinaServe 1286 Lone Oak Rd. #594
FinaServe 4250 Lex. Ave. S. #590
Holiday Stationstore #232
4595 Nicols Rd.
#247 - 3615 Pilot Knob Rd.
PDQ #214 4198 Pilot Knob Rd.
Sinclair #22028
3946 Nicols Rd.
SA #4049 -4200 E Hwy 13
#4182 -1406 Yankee Doodle Rd.
#4335 -1379 To Centre Dr.
#4464-2250 Cliff Rd.
Texaco Superstore
1379 Cliff Rd.
Eagan, MN 55122
Tom Thumb -2125 Cliff Rd.
1446 Yankee Doodle Rd.
4130 Blackhawk Rd.
Total Petroleum -4206 Nicols
Total Petroleum -2000 Rahncliff Ct.
Yankee Square Amoco
1424 Yankee Doodle Rd.
Eagan, MN 55121
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1994 -1995 Service Station Permits
Billing Address
Gateway Foods of Mpls
5720 Smetana Dr.
Minnetonka, MN 55343
Robert Schlangen
8355 W. 103rd St.
Bloomington, MN 55438
Hussein Ansari
3830 Sibley Mem Hwy
Eagan, MN 55122
Phillips Petroleum Co
P. O. Box 199
Bartlesville, OK 74004
Crown CoCo, Inc.
4195 Nicols Rd.
Eagan, MN 55122
James Persons
4215 Nicols Rd.
Eagan, MN 55122
Finaserve, Inc. Attn;Pat Jensen
2020 Silver Bell Rd. #23
Eagan, MN 55122
Holiday Stationstores, Inc.
4567 W. 80th St.
Minneapolis, MN 55437
PDQ Food Stores of MN, Inc.
6600 City W Pkwy #210
Eden Prairie, MN 55344-7707
Sinclair Mktg. Co.
P. O. Box 30825
Salt Lake City, UT 84130 -0825
Superamerica Group Inc.
P. O. Box 14004
Lexington, KY 40512
Attn: Sandy
Yocum Oil Company, Inc.
2719 Stillwater Rd.
St. Paul, MN 55119
Tom Thumb Food Markets Inc.
110 E. 17th St. Attn: Licensing
Hastings, MN 55033
Avanti Petroleum, Inc. dba Total
8148 Pillsbury Ave. S.
Minneapolis, MN 55420
ACA Management Co.
2288 W. Cty. Rd. C
Roseville, MN 55113
Agenda Information Memo
August 2, 1994 City Council Meeting
TRAILER LICENSE RENEWAL
F. License Renewals for 1994 -95, Trailer - -City Code requires that trailers being maintained
on private property for storage or business uses on more than a temporary basis be licensed.
In recent years, the City has made an effort to reduce the number of permits for this type
of use. At the present time, there is one remaining trailer subject to permit. It is listed in
the enclosure on page 13 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the trailer permit renewal
for 1994 -95 for B &F Distributing as presented.
1994 TRAILER PERMIT RENEWALS
B & F Distributing dba Tripp Oil
3085 Sibley Memorial Highway
Eagan, MN 55122
1 3
Agenda Information Memo
August 2, 1994 City Council Meeting
PRIMARY ELECTION JUDGES
G. Appointment of Election Judges for September 13, 1995. Primary - -A list of election
judges for the September 13 Primary is enclosed on page 1 J for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To appoint the election judges for the
September 13, 1994 Primary Election as presented.
l
pEMOCRAT
BILL GUELCHER
CAROLYN THRUSTON
JUDY SAIMA
BOB ZIMMERMAN
ANN THOMAS
GROVER BFI .I .n .F
SHEILA SHAY
CAROL SUE CRUZ
JUDY MUNDAHL
ANGIE FLYNN
DOROTHY PETERSON
SHARON LINDHOLM
HELEN JAR VI
JEAN HARMON
FLORENCE MULLEN
ELIZABETH BASSETT
WALTER LAWRENCE
MARTIE RUZICKA
ZELLA MIRICK
JUNE NELSON
BARBARA SHIELDS
FLORENCE HANSON
WILLIAM SKAR
KAREN DARE
CAROLEE JONES
MARTI GUETZLAFF
MAUREEN PREBELICH
ARELENE LEIBEL
SHARON BRUCE
EDITH DRAKE
NANCY SEVERSON
JUDY PETERSON
LOIS AGRIMSON
SHIRLEE KLANG
CHUCK LANGNICKEL
MARGE JACOBS
CHAR O'DONNELL
JANET SCHUETZE
SONYA LARSON
GARY DODGE
KAY DODGE
LEO AMUNDSON
YVONNE KRISNIK
BEVERLY ZAINE
JAMES ORCUTT
MARGARET PELLERIN
EVELYN COTA
MARY KELLNER
IRENE WACHTLER
LIST OF ELECTION JUDGES FOR PRIMARY
City Council Approval, August 2, 1994
LUCIA JOHNSON
KIM EDSON
BARB SCHREINER
STEPHEN OLSON
PAULINE LEGENDRE
SHARON SCHOELLER
ELAINE JONES
JIM DRISCOLL
RUTH PRYOR
KAREN FLOOD
SHARON ASTLEFORD
PHYLLIS LIGMAN
KAY KOHLMAINEN
EMILY MEDIN
ANTHONY VILLELLI
ELEANOR VILLELLI
l<
REPUBLICAN
HELEN GERTEN
PATTI BENJAMIN
KAREN UECKER
RICHARD IFFERT
MARILYN PORTER
FRANK HAMERNIK
ALICE KREITZ
JUDY HANSEN
SHARON LINDHOLM
JIM DECH
NEAL BLACK
TERRY MESTNIK
MARK OLSON
ROSEMARY TEAFORD
JOAN BOHLIG
CAROL HERMAN
LAURA BASBALLE
EVELYN OTTERNESS
CLARENCE HANSON
JUNE KETCHAM
ELEANOR BRUCE
ROBERT VOGEL
LYLE SEVERSON
ELANOR KEEGAN
CAROL VIHOVDE
JAN GIEFER
JOANN GEORGE
LYNN PRAZAK
JAN BELIVEAU
GLADYS BYRNES
RUTH TWOMEY
BERNADINE GOESS
LOIS EKEY
ROSE VIMR
JOYCE LANGNICKEL
MARY HANSEN
AURELIA PETERSON
VIVIAN DATE
PHYLLIS MANTHEY
LORRAINE RIEGER
DONALD SEKTNAN
LORRAINE BUNKER
VICKIE PLOTT
MARILYN HOLM
ANN OURADNIK
MARIE LANE
PAUL YOUNGNER
PAT KAEDER
MARY TESKE
ERIC LOCKHART
VICKI JABBRA
JEANNE KOEHLER
NANCY ERICKSON
ANNE SULLIVAN
MARY JANE LAROCK
ETHEL GROFF
SANDRA NELSON
MARY BAEHR
PENNY JOHNSON
MARILYN LEGLER
JEAN KIMBER
EVELYN USS
M I C H E L L E
SKINDELIEN
WALTER KLAUS
BARB NUTTALL
JUDITH HAWLEY
MICHELLE DICK
BARB LINERT
CATHY BROST
MILDRED HARTLEBEN
ROBERT MILLER
ADELAINE BUEHLER
JOHN MATSCHINER
Agenda Information Memo
August 2, 1994 City Council Meeting
CITY /COUNTY BIKE TRAILS MAINTENANCE AGREEMENT
H. Maintenance Agreement for County Bikeway Trails tween the County of Dakota and
the City of Eagan -- Enclosed on pages 1 7 through is a memorandum from the Parks
& Recreation Department covering an amended maintenance agreement between the City
and Dakota County. The memorandum covers changes from the existing contract.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the maintenance agreement
for County bikeway trails between the County of Dakota and the City of Eagan as
presented.
J
DATE: JULY 20, 1994
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
SUBJECT: MAINTENANCE AGREEMENT -- COUNTY BIKEWAY TRAILS
BACKGROUND
In 1977, the City and Dakota County entered into an agreement to define the
rights and obligations with respect to the maintenance of separated bikeway
trails of the County /City bikeways program. As the Council is aware, the
identified trails in the Dakota County trails system which are along County
Roads and within the City of Eagan are partially funded by the County. The
City's obligation is to maintain these trails.
ISSUE
MEMO
— city of eagan
The maintenance agreement between the County and the City of Eagan (and
all of the cities within the County participating in the trails plan} have been
participants in the updating of the "Maintenance Agreement" between the City
and the County. A new agreement has been drafted and ratified by the Dakota
County Board of Commissioners and it would be appropriate for the City
Council to ratify and approve those changes with the County.
REVIEW OF CHANGES
There are numerous changes within the agreement, some of which are
relatively minor in nature. Perhaps the most significant change is the
requirement that the City must now file a plan with the Director of Physical
Development covering the scope and schedule for maintenance work no later
than December 31, 1994. This is the section of the plan that the City of Eagan
staff suggested for inclusion as Eagan is one of the few communities that
already has a plan for maintenance of trails.
Section 9 talks about replacement of trails should it become necessary due to
deterioration and structural breakdown. And, finally, there is an authorized
representative which, in this case, would be the Director of Parks and
Recreation.
n
COMM /SS /ON REVIEW
The Advisory Parks, Recreation & Natural Resources Commission reviewed an
earlier draft of this maintenance agreement and had recommended to the City
Council adoption and to authorize the Mayor to sign the Agreement.
FOR COUNCIL ACTION
To approve the maintenance agreement for County Bikeway Trails between the
County of Dakota and the City of Eagan.
KV /Ik
L6/B/KEWAY.MMO
l8
MAINTENANCE AGREEMENT FOR COUNTY BIKEWAY TRAILS
BETWEEN THE COUNTY OF DAKOTA AND
THE CITY OF EAGAN
THIS AGREEMENT is made and entered into by and between the County of
Dakota, hereinafter referred to as "County ", and the City of Eagan,
hereinafter referred to as "City ".
WHEREAS, the parties desire to enter into an Agreement relating to
the maintenance of Separated Bikeway Trails located within the
corporate limits of the City; and
WHEREAS, the City has the authority to execute this Agreement as a
binding legal obligation, fully enforceable in accordance with its
terms and conditions as shown by the attached resolution of the City
Council; and
WHEREAS, the County has the authority to execute this Agreement as a
binding legal obligation, fully enforceable in accordance with its
terms and conditions as shown by the attached County Board
Resolution No. 94 -436.
NOW, THEREFORE, in consideration of the mutual promises and
agreements contained herein the parties agree as follows:
1. Purpose. The purpose of this Agreement is to define the rights
and obligations of the parties with respect to the maintenance of
Separated Bikeway Trails, in accordance with the Dakota County
Bikeway System Plan as adopted by the County Board of Commissioners
in 1977, last amended in March 1989, and as that plan may be amended
from time to time (hereinafter "Bikeway System Plan "). For purposes
of this Agreement, "Separated Bikeway Trails" means existing or
future bike trails located along County roads within the corporate
limits of the City.
2. Term. This Agreement shall be in force and effect from the
date of execution by all parties and shall continue in effect for
the life of the Separated Bikeway Trails or until terminated in
accordance with the provisions herein.
3. Termination. This Agreement may be terminated by either party
upon one year written notice and a showing by either party that the
Agreement is no longer necessary or feasible. The determination
that the Agreement is no longer necessary or feasible is subject to
dispute resolution as described herein.
Termination of this Agreement shall not discharge any liability,
responsibility or right of any party which arises from the
performance of or failure to adequately perform the terms of this
Agreement prior to the effective date of termination. Nor shall
termination discharge any obligation which by its nature would
survive after the date of termination.
4. Construction. Separated Bikeway Trails may be constructed by
the County or the City. Design and costs of construction are
covered under separate agreement. Design plans and specifications
shall be duly approved by the representative of the City prior to
future construction of any Separated Bikeway Trail covered by this
Maintenance Agreement.
5. Commencement of Maintenance. For Separated Bikeway Trails
constructed by the County, the County will provide the City with a
Notice of Completion and a set of plans, upon completion of
construction.
Upon completion of construction of Separated Bikeway Trails
constructed by the City or upon receipt of the Notice of Completion
for Separated Bikeway Trails constructed by the County, the City
will commence maintenance of the Separated Bikeway Trails in
accordance with the terms and conditions of this Agreement.
6. Maintenance Terms. In accordance with the Bikeway System Plan,
as it may from time to time be amended, the City shall provide
maintenance for the Separated Bikeway Trails, including, but not
limited to, the following:
A. Seal coating, bituminous overlay of sections or
patching and alternative maintenance, as reasonably
necessary to prevent premature structural
deterioration and to maintain a smooth, hard surface
suitable for all user groups.
B. Surface patching and edge repairs as reasonably
necessary to provide a smooth, safe and usable
surface.
C. Cleaning, including debris, leaf and sand removal, as
reasonably necessary.
D. Maintenance of visible pavement markings.
E. Repair and reinstallation of signs and signposts.
The County will provide the City with signs and
signposts for the Separated Bikeway Trails.
F. Minor repair and maintenance of kiosks, not exceeding
One Hundred Fifty and No /100 Dollars ($150.00).
Costs of major repair and reconstruction of kiosks
will be shared equally by the City and County.
G. Trash removal at kiosk sites.
.H. Snow removal at the discretion of the City. As part
of its maintenance plan the City shall notify the
Director of Physical Development if and where the
City provides snow removal on the Separated Bikeway
Trails.
Except as otherwise stated, the City is responsible for furnishing
all labor, materials, supplies, tools and other items and costs
necessary for the performance of any and all maintenance. For signs
located at City boundaries, costs will be divided equally with
adjoining cities even though the actual physical location of the
sign or kiosk may not be in the City. All materials used by the
City in the performance of the work under this Agreement shall
conform to the requirements of MN /DOT specifications, if applicable.
2
7. Maintenance Plan. The City shall file a plan with the Director
of Physical Development covering the scope and schedule for
maintenance work no later than December 31, 1994. This plan shall
be updated as necessary, but shall be reviewed at least every three
years. Revised plans shall also be filed with the Director of
Physical Development. Plans shall include the name, title, and
department of the person in charge of maintenance of Separated
Bikeway Trails.
8. Failure To Submit or Comply With A Maintenance Plan. The
filing and compliance with the material terms of a current
maintenance plan is a condition for all future County funding of
Separated Bikeway Trails in the City.
9. Replacement of Trails. The normal life expectancy for
Separated Bikeway Trails which have received proper maintenance is
fifteen to twenty years. For Separated Bikeway Trails originally
constructed at County expense, the County and the City will share
the cost of replacement of trails in the same manner as the then
current cost share formula for road construction between the County
and the City. The City shall be totally responsible for the
reconstruction of Separated Bikeway Trails which require premature
replacement due to poor maintenance and upkeep. The City can refute
an allegation that replacement is premature by evidence of
maintenance that has been performed. Whether a Separated Bikeway
Trail has prematurely deteriorated due to poor maintenance is
subject to the Dispute Resolution provisions herein.
10. Cooperation. The County and City shall cooperate and use their
reasonable efforts to ensure prompt implementation of the various
provisions of this Agreement. The parties agree to, in good faith,
undertake resolution of any disputes in an equitable and timely
manner.
11. Dispute Resolution. Any dispute under this Agreement, shall,
upon the request of either party, be submitted to arbitration
pursuant to the Uniform Arbitration Act, Minn. Stat. § §572.08, et
seq., provided the County Board and City Council have been advised
of the dispute. The County and the City shall mutually agree upon
one neutral arbitrator. If no agreement can be reached within a
reasonable time, not to exceed two weeks, the County and the City
shall each choose one arbitrator. The two arbitrators chosen shall
confer and jointly select a third arbitrator to complete a panel.
All proceedings before the arbitrator(s) shall be informal. The
City and County shall each select a person or persons to present
their respective cases. Established legal procedure and evidentiary
rules may be used as a guide in conducting the proceeding. However,
formal rules of evidence shall not apply to the proceeding.
The County and City shall have the right of discovery regarding any
matter, not privileged by law, which is relevant to the dispute.
The methods of discovery shall include all recognized methods of
discovery for civil court actions. Disagreements between the County
and City regarding the nature or extent of discovery shall be
submitted to the arbitrator(s).
3 �'
The arbitrator(s) shall hear the dispute and make findings,
recommendations and an award concerning the dispute and shall
personally or by certified mail deliver the award to the County
Board or City Council, and their respective representatives. The
arbitrator(s) shall provide reasons for the decision in writing. In
its decision, the arbitrator(s) shall decide the extent to which
each of the parties shall bear the reasonable cost of resolving the
dispute, including, but not limited to, reasonable attorney's fees
incurred for such arbitration.
The decision shall be final and binding upon the parties, if, in the
opinion of the arbitrator(s), the total monetary impact of the
decision upon either party does not exceed $20,000.00, annually. In
the event the arbitrator(s) decide that the total monetary impact of
its decision equals or exceeds that amount, the arbitrator(s)'s
decision shall be appealable by either party to the District Court,
State of Minnesota, First Judicial District, per applicable law.
This provision does not preclude the parties from mutually agreeing
to use any other type of dispute resolution.
12. Independent Contractor. It is agreed that nothing herein
contained is intended or should be construed in any manner as
creating or establishing the relationship of agents, partners, joint
venturers or associates between the parties hereto or as
constituting City as the employee of the County for any purpose or
in any manner whatsoever.
13. Mutual Indemnification. Each party shall be liable for its
own acts to the extent provided by law and hereby agrees to
indemnify, hold harmless and defend the other, its officers and
employees against any and all liability, loss, costs, damages,
expenses, claims or actions, including attorney's fees which the
other, its officers and employees may hereafter sustain, incur or be
required to pay, arising out of or by reason of any act or omission
of the party, its agents, servants or employees, in the execution,
performance, or failure to adequately perform its obligations
pursuant to this Agreement. This includes any actions which arise
because of the City's maintenance or lack thereof of Separated Bike
Trails under this Agreement. It is understood and agreed that the
County's and City's liability is limited by the provisions of the
Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable
law.
14. Rights /Remedies. All remedies available to either party
under the terms of this Agreement or by law are cumulative and may
be exercised concurrently or separately, and the exercise of any one
remedy shall not be deemed an election of such remedy to the
exclusion of other remedies. The waiver of any default by either
party, or the failure to give notice of any default, shall not
constitute a waiver of any subsequent default or be deemed to be a
failure to give such notice with respect to any subsequent default
unless stated to be such in writing and signed by authorized
representatives of the County and City.
15. Duty to Mitigate. Both parties shall use their best efforts
to mitigate any damages which might be suffered by reason of any
event giving rise to a remedy hereunder.
16. Authorized Representative. The named person in the position
stated below, or their successor in title, is designated the
Authorized Representatives of parties for purposes of this
Agreement. These persons have authority to bind the party they
represent and to consent to modifications and subcontracts, except
that, as to the County, the Authorized Representative shall have
only the authority specifically or generally granted by the County
Board. Notification required to be provided pursuant to this
Agreement shall be provided to the following named persons and
addresses unless otherwise stated in this Agreement, or in a
modification of this Agreement.
To City:
Name:
Title:
Address: Address: 14955 Galaxie Ave
Apple Valley, MN 55124
Phone Number: Phone Number:(612) 891 -7005
17. Modifications. Any alterations, variations, modifications,
or waivers of the provisions of this Agreement shall only be valid
when they have been reduced to writing, signed by Authorized
Representatives of the County and City.
18. Severabilitv. The provisions of this Agreement shall be
deemed severable. If any part of this Agreement is rendered void,
invalid, or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement
unless the part or parts which are void, invalid or otherwise
unenforceable shall substantially impair the value of the entire
Agreement with respect to either party.
19. Final Agreement. This Agreement is the final expression of
the agreement of the parties and the complete and exclusive
statement of the terms agreed upon, and shall supersede all prior
negotiations, understandings or agreements. There are no
representations, warranties, or stipulations, either oral or
written, not herein contained.
a35
To County:
Name: Louis J. Breimhurst
Title: Dakota County
Physical Development Dir.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed.
Approv -• as to form:
4
ssistant Cou "ty Attorney/ ate
Approved as to execution:
Assistant County Attorney /date
Approved by Dakota County Board
Resolution No. 94 -436
K/K94 -221
�i
COUNTY OF DAKOTA
By
Title
Date of Signature
Attest
Norma Marsh, Auditor
Date of Signature
CITY OF EAGAN
By , Mayor
Date of Signature
Attest
Date of Signature
, City Clerk
DATE June ? . 1994 RESOLUTION NO. 94-436
Mocion by Commissioner Harris
WHEREAS, the cities within Dakota County have agreed to maintain the
separated bike trails along County roads; and
WHEREAS, Dakota County desires to continue the cooperative relationship with
the cities - for funding and maintenance of separated bike trails; and
WHEREAS, Dakota County has received federal funding for the installation and
placement of signage and kiosks on the County Bikeway System.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of
Commissioners approves the draft revised Maintenance Agreement for County
Bikeway Trails between the County of Dakota and the Cities of Apple Valley,
Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville,
Mendota Heights, Rosemount, South St. Paul and West St. Paul; and
BE IT FURTHER RESOLVED, That the Dakota County Board authorizes the Director
of Physical Development to execute the approved maintenance agreement with
each city, subject to approval by the County Attorney as to form and
execution, subject to the continuing policy that the County will not expend
funds for separated bike trails in jurisdictions that do not approve the
maintenance agreement.
YES
Harris Y
Maher X
Bataglia X
Richards X
Turner X
Jensen X
Loeding Y
State of Minnesota
County of Dakota
BOAT OF COUNTY COMMISSI NERS
DAKOTA COUNTY, MINNESOTA
f. Joan L. Kendall. Clerk :o the Board of the Cour.ty of Dai<ota. State of Minnesota. do hereby certf•: that 1 have cor..parsd the
foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners. Dakota Co .
Minnesota. at their session held on the 7th day of June 19 now on rile In the C.,__ :.r
Administration Deparment. and have found the sarne to be a tr.ie and correct copy [Herec . /
Witness my had and official seal of Dakota
ota County this / � '_• of / � /
/ �"�
Seconded by Commissioner_ Jensen
Harris
Maher
Bataglia
Richards
Turner
Jensen
loeding
NO
Cler. to the Board
Agenda Information Memo
August 2, 1994 City Council Meeting
FINAL PLAT/ LEXINGTON POINTE 11TH ADDITION
L Final Plat for Lexington Pointe I 1th Addition -- Review of the final plat documents has
been completed and the development contract has been drafted for the Lexington Pointe
llth Addition final plat. Requisite financial guarantees have also been provided. Approval
of this final plat would therefore be in order. Enclosed on page is a copy of the final
plat as it appears for recording at Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Lexington
Pointe llth Addition as presented.
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Agenda Information Memo
August 2, 1994, City Council Meeting
APPROVE PLANS & AUTHORIZE ADVERTISEMENT FOR BIDS
(PHASE II MUNICIPAL CENTER SITE DEVELOPMENT)
J. Contract 94 -13, Approve Plans & Authorize Advertisement for Bids (Municipal
Center Phase II Site Development) - -City staff has completed the plans and specifications
necessary to construct Phase II - Grading, Streets, Parking Lot, Landscaping, & Utility
Construction for the Police Facility /Municipal Center remodelling /Civic Arena complex.
The Phase II site development plans are being presented to the City Council for their
consideration of authorizing the formal solicitation of competitive bids with a bid opening
scheduled for Friday, August 26, at 10:30 a.m. The Phase II site development package
represents all of the site work necessary to complete the site development of the Municipal
Center complex.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications
for Contract 94 -13, Municipal Center Phase II Grading, Streets, Parking Lot, Landscaping
& Utility construction and authorize the advertisement for a bid opening to be held at 10:30
a.m., Friday, August 26, 1994.
Agenda Information Memo
August 2, 1994 City Council Meeting
REVOLVING LOAN FUND GUIDELINES /EDC RECOMMENDATION
K. Amendment, Eagan Revolving Loan Fund Guidelines, Low and Moderate Income
Criteria - -At its meeting of July 28, 1994, the Economic Development Commission
considered an amendment to the Eagan Revolving Loan Fund Guidelines which were
previously approved as a part of the Lull Engineering Economic Recovery Grant
application. The modification which is required by the Minnesota Department of Trade &
Economic Development would insert a criteria for proceeds of the revolving loan fund to
be applied to projects where 51% of the new jobs created with loan fund assistance would
be available to persons meeting low and moderate income criteria. This criteria does not
require that all people receiving the jobs meet the criteria, but simply that the jobs would
be available to those individuals and would match skill levels within that demographic group.
ACTION TO BE CONSIDERED ON THIS ITEM: To amend the Eagan Revolving Loan
Fund Guidelines to insert the low and moderate income criteria as presented.
Agenda Information Memo
August 2, 1994 City Council Meeting
ORDINANCE AMENDMENT /SECTION 11.04, CITY CODE
INTERIM USE: STUDY AREA
L. Ordinance Amendment, to City Code Chapter 11 entitled "Land Use Regulations
(Zoning)" which adds Section 11.04 entitled "Interim Use: Study Area "; and which adopts
by reference City Code Chapter 1 and Section 11.99 - -The City Council will recall that the
amendment to the zoning ordinance establishing a moratorium in development in the Lone
Oak area was referred back to the Advisory Planning Commission for formal public hearing
prior to adoption the City Council. The staff report on this matter is enclosed on pages
. 3 F through S. Advisory Planning Commission conducted the public hearing at its
meeting of July 26, 1994. There was no public comment at that meeting. The Advisory
Planning Commission recommends adoption of the ordinance. As an information item to
the City Council, we want to report that work has progressed on the study and we do hope
it will be completed this fall.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance
amendment to Eagan City Code Chapter 11 entitled "Land Use Regulations (Zoning)" which
adds Section 11.04 entitled "Interim Use: Study Area "; and which adopts by reference City
Code Chapter 1 and Section 11.99.
3
SENT BY:
PAGE 16 /ADVISORY PLANNING COMMISSION MINUTES
JULY 26, 1994
7 -28 -94 ;11:09AM ;SEVERSON WILCOX SHEL • 612 681 4612; #16/17
ORDINANC8 AMENDMENT
Vice Chair Miller opened the next public hearing of the evening
regarding an Ordinance Amendment to Eagan City Code Chapter 11
entitled "Land Use Regulations (Zoning)" which adds Section 11.04
entitled "Interim Use: Study Area ", and which adopts by referenced
Eagan City Code Chapter 1 and Section 11.99.
Vice Chair Miller commented that no one from the public was
present and City Attorney Mike Dougherty outlined that notice of the
hearing concerning the proposed ordinance vas given.
Heyl moved, Wallace seconded, the motion to approve an Ordinance
Amendment to Eagan City Code Chapter 11 entitled "Land Use
Regulations (Zoning)" which adds Section 11.04 entitled "Interim Use:
Study Area ", and which adopts by referenced Eagan City Code Chapter 1
and Section 11.99.
R •94%
All present voted in favor.
3�
612 432 3780 07 -28 -94 11:05AM P016 3131
MEMO TO: RON VORACEK, CHAIR
ADVISORY PLANNING COMMISSION MEMBERS
FROM: KRISTY MARNIN, SENIOR PLANNER
DATE: JULY 19, 1994
SUBJECT: AMENDMENT TO ZONING ORDINANCE (CHAPTER 11)
MORATORIUM ON DEVELOPMENT IN LONE OAK STUDY AREA
INTRODUCTION
MEMO
city of eagan
Per City Council direction, legal staff prepared an amendment to the Zoning Ordinance
establishing a moratorium on development of approximately 105 -plus acres of land Tying
between Lone Oak Road, T.H. 55 and Inver Grove Heights. A copy of this amended
ordinance is attached for the Commission's action.
BACKGROUND
At its May 18, 1994 meeting, the City Council directed that a comprehensive study be
conducted to determine the most appropriate land use for the above noted property. In
conjunction with this, the City Council directed the enactment of a moratorium on
development within the defined area until the study is completed.
The entire 105 acre site is guided D -II Mixed Residential (0 to 6 units) in the
Comprehensive Land Use Guide Plan, and all is zoned A (Agricultural) except for
approximately 25 acres at the east end of the site which is zoned R-4 (Multiple
Residential). Some vacant parcels and 17 single - family dwellings on very large Tots make
up the existing uses within this area.
Over the years, the question of the most appropriate Tong -term use for the subject
property has come before the City on several occasions. Most recently, the owner of the
vacant parcel at the far east end of the site submitted an application for single - family
development at an R -1 density on his property. This application (Lone Oak Forest), was
denied by the City Council because of issues related to suitability, aircraft noise, access,
and neighborhood parks. The discussion relative to this application again raised the
question of Tong -term development of the area; hence, the direction to conduct a
comprehensive land use study. Staff is currently in the process of conducting this study.
Chair Voracek
July 19, 1994
Page 2
The tentative schedule for study completion is September /October of this year.
To protect the planning process during the land use study, an ordinance enacting a
moratorium on development within the study area was drafted by legal staff. The City
Council acted to adopt this ordinance on June 7, 1994. Subsequently, staff was informed
by the City Attorney's office of the need to hold a public hearing on this ordinance. The
Council directed this public hearing be held by the Advisory Planning Commission.
ORDINANCE AMENDMENT
The attached ordinance amendment places a moratorium on building permits, rezoning,
Comprehensive Plan amendments, platting, conditional use permits, variances, and
permits for utility installation or construction, grading and excavation of the subject
property ending on May 18, 1995, or such sooner time as determined by the City Council.
ACTION REQUESTED
Staff requests approval of the attached ordinance amendment.
L / 2 : -7 �I , -
S enior Planner
attachment
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
ADDING SECTION 11.04 ENTITLED "INTERIM USE: STUDY AREA "; 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
Sec. 11.04, to read as follows:
Section 11.04. Interim Use: Study Area
A. On May 18, 1994, the Eagan City Council directed a
study to be conducted for the purpose of considering
(i) an amendment to the Eagan Comprehensive Guide
Land Use Plan; and /or
(ii) the rezoning of the approximately 105 acres
of land lying between Lone Oak Road, Trunk Highway 55
and Inver Grove Heights (the "Property ").
B. This interim ordinance is adopted and is
applicable to the Property for the purpose of protecting the
planning process and the health, safety and welfare of the
citizens.
C. Commencing on the effective date of this ordinance
and ending on May 18, 1995, or such sooner time as the City
Council may determine, the Property shall be subject to the
following:
(i) no building permit for the construction,
reconstruction or alteration of any structure shall be
issued except for permits for the necessary repair of
existing buildings as determined by the City Council.
(ii) no proposal for rezoning or comprehensive
plan amendment shall be approved by the Planning
Commission or the City Council.
(iii) no portion of the Property shall be
replatted or subdivided except for the purpose of
consolidation of parcels of land into single ownership.
5 4
(iv) no permit or license shall be granted for the
installation of utility services, the construction of
public utilities, the grading or excavation of land or
the extraction of minerals.
(v) no conditional use permit or variance shall be
approved by the Planning Commission or the City
Council.
D. The termination date of this ordinance may be
extended for such additional periods as the City Council may
deem appropriate not exceeding a total additional period of
18 months.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation'" and Section 11.99, entitled "Violation a Misdemeanor" are
hereby 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:
Agenda Information Memo
August 2, 1994 City Council Meeting
OAK WILT SUPPRESSION GRANT
M. Grant Agreement with DNR for Oak Wilt Suppression -- Enclosed on pages 37
through &a is the Community Spending Plan and Subgrant Agreement associated with
the second year of the City's oak wilt suppression program in cooperation with the
Minnesota Department of Natural Resources. Grant proceeds may be utilized to assist in
the costs of removal and disposal of diseased trees and trenching with a vibra -plow to
eliminate root -to -root transmission.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the grant agreement
between the City and the DNR for the oak wilt suppression program as presented.
3 (Q
Community Spending Plan
Oak Wilt Cooperative Suppression Program 1994
City of Eagan
Project Income
Local Unit
Project Expenditures
Total Budaet
Anticipated Accomplishments (Estimated)
Number of infection centers treated = 75
8b :suppress .ppm
Rev. 6/29/94
City Cash
City in Find
Homeowner Cash
Total Community Input $43,000
Cooperative Suppression Program
Cost Share $35,000
Total Community Effort
City Employees
Certified Tree Inspector
Total City Staff
Contract Services
$ 7,000
$ 5,000
$31,000
$ 4,000
$ 4,000
Trenching Parks $ 9,000
Removal - Parks $ 3,000
Removal - Private $62,000
Total Private Contractors $74,000
3'7
$7=
1994 MINNESOTA OAK WILT COOPERATIVE SUPPRESSION PROGRAM
SUBGRANT AGREEMENT
THIS SUBGRANT AGREEMENT (hereinafter Agreement) is entered into by
and between the State of Minnesota acting by and through the Commissioner of
Natural Resources (hereinafter Grantor) and the CITY OF EAGAN (hereinafter
Subgrantee) .
WHEREAS, the Commissioner of Natural Resources has been granted funds
by the United States Forest Service (hereafter USFS) for the oak wilt
suppression program; and
WHEREAS, Minn. Stat. { 88.063 (1992) authorizes the Commissioner of
Natural Resources, in behalf of the state, to accept and use grants of money from
the United States for conservation purposes not inconsistent with state law and in
accordance with the purposes of the grant and applicable federal and state laws,
and Minn. Stat. { 84.025, subd. 7 (1992) authorizes the ComnTisgir)ner to contract
with local governments and others as necessary in the performance of duties; and
WHEREAS, USFS has authorized the Commissioner to make subgrants of the
federal funds awarded to qualifying recipients; and
WHEREAS, as a condition of receiving the Subgrant, Subgrantee has
provided a completed Minnesota Oak Wilt 1994 Cooperative Suppression Program
Application for Cost -Share Assistance (herein after referred to as the Project
Proposal) to Grantor for review and approval; and
WHEREAS, Subgrantee qualifies for a 1994 Minnesota Oak Wilt Cooperative
Suppression Program Subgrant of $8,783.26; and
WHEREAS, Subgrantee has agreed to provide a cash or in -kind
contribution of at least 50% of the Project Proposal.
For Internal Accounting Use only
D. Costs:
work undertaken to complete the project.
3. Subgrantee shall maintain complete, accurate, and separate
financial records for all work undertaken, which adequately
identify the source and application of funds provided by this
Agreement. These records must contain information
pertaining to this Subgrant award and authorizations,
obligations, unobligated balances, assets, liabilities, outlays
or expenditures, and income as these terms are defined in
7 CFR part 3016. The records must provide verification of any
in -kind contributions counting toward satisfying a match and
show how the value of any third party contribution was
derived. A written narrative explanation shall describe all
variations from estimated cost. Allowability and valuation of
costs, third party in -kind contributions, volunteer services
and other items qualifying towards Subgrantee's match or cost
share are determined by 7 CFR 3016.24. For accounting
purposes, project costs shall be subdivided into the following
categories: personnel, fringe benefits, travel, equipment,
supplies, contractual, and indirect charges. The records shall
show whether the source of payment for each type of
enumerated cost is federal, Subgrantee, in -kind, or other.
Except as provided in 7 CFR part 3016.24, allowable costs shall
be as determined in OMB Circular A -87.
1. Subgrantee shall use all grant funds disbursed to it under this
Subgrant exclusively for the work outlined in the Subgrantee's
Oak Wilt Control Plan and Project Proposal which is made a part
of this agreement. In the event that Subgrantee's machinery is
used on the project, its allowable cost shall be the actual cost
of operating its equipment.
2. Grantor's liability shall not exceed the total amount of the
Subgrant and is subject to the availability of funds. In the
event of a general unallotment or percentage reduction of
funds, unless directed by USFS, the Governor, Legislature,
or other law, the remaining Subgrant funds available shall be
reduced no more than the percentage reduction applied to the
Minnesota Department of Natural Resources' Division of
Forestry Budget.
2. TERMINATION
This Subgrant Agreement may be terminated in whole or in
part (under 7 CFR part 3016.44) only as follows:
(a) By Grantor with the consent of Subgrantee in which
case the parties shall agree upon the termination
conditions including the effective date and, in the case
of partial termination, the portion to be terminated; or
(b) By Subgrantee upon written notice to Grantor setting
forth the reasons for termination, the effective date
and, in the case of partial termination, the portion to be
terminated. However, if, in the case of a partial
termination, Grantor determines that the remaining
portion of the Subgrant will not accomplish the purposes
for which the Subgrant was made, Grantor may
terminate this Subgrant Agreement in its entirety under
either paragraphs F2(a) or F2(c).
(c) By Grantor upon thirty (30) days written notice if
Subgrantee materially fails to comply with the terms of
this Subgrant Agreement, applicable law, or the
Subgrantee's Oak Wilt Control Plan. In the event of
such termination, Subgrantee shall be entitled to
payment, determined on a pro -rata basis, for work or
services satisfactorily performed.
3. OBLIGATION OF FUNDS
Those funds not expended, obligated, or encumbered toward
the Subgrantee's Oak Wilt Control Plan by 15 December 1994
shall be returned to the Grantor for return to the appropriate
fund as provided by law.
4. LIABILITY
Each party agrees that it shall be responsible for its own acts
and omissions and the results thereof to the extent authorized
by law and shall not be responsible for the acts and omissions
of the other party and the results thereof. Grantor's liability
shall be governed by the provisions of the Minnesota Tort
Claims Act, Minn. Stat. Section 3.736, and other applicable
law. Subgrantee's liability shall be governed by the
provisions of the Municipal Tort Claims Act, Minn. Stat. Ch.
466 and other applicable law. This clause shall not be
construed to bar any legal remedies either party may have for
any other party's failure to fulfill its obligations pursuant to
this Agreement.
(b) Minimization of the time elapsing between Subgrantee's
receipt of funds from Grantor and their disbursement in
accordance with U.S. Treasury Regulations, 31 CFR
part 205. Subgrantees may not accrue more than $100 in
interest on granted funds per year. Any excess must
be promptly remitted to U SFS . (7 CFR part 3016.21)
9. EFFECT OF FEDERAL LAW
In the event of conflict between provisions of this Agreement
and federal laws, executive orders, and their implementing
regulations, the federal laws, executive order, and their
implementing regulations shall govern.
10. COPYRIGHT
The U.S. Forest Service reserves a royalty -free nonexclusive,
and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, for Federal Government
purposes:
(a) The copyright in any work developed under this
Subgrant or contract thereunder; and
(b) Any rights of copyright to which Subgrantee or its
contractors purchases ownership with Subgrant funds.
11. LOBBYING
during Subgrantee's fiscal year are generally not
subject to a federal Audit requirement.) (7 CFR part
3016.26)
Subgrantee certifies that no Federal appropriated funds have
been paid or will be paid, by or on its behalf, to any person
for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with any of the following covered
Federal actions: the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement
and to otherwise comply with the provisions regarding
lobbying and disclosure contained in 7 CFR part 3018.
Subgrantee certifies that, if any ftmds other than Federal
appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence anyone named
in the preceding paragraph in connection with the listed
covered Federal actions, Subgrantee shall complete and submit
to Grantor Standard Form LLL "Disclosure Form to Report
Lobbying" in accordance with its instructions.
IN WITNESS WHEREOF, The parties hereto have entered into this
Agreement intending to be bound thereby.
Grantor:
STATE OF MINNESOTA
DEPARTMENT OF NATURAL
RESOURCES
By: By:
Title: Title:
Date: Date:
Grantor:
APPROVED AS TO FORM AND
EXECUTION BY THE Subgrantee:
ATTORNEY GENERAL
By:
By: Title:
Special Assistant
Attorney General Date:
Date:
Grantor:
COMMISSIONER OF ADMINISTRATION
By:
Date:
Grantor:
COMMISSIONER OF FINANCE ENCUMBERED
By:
Date:
a
Subgrantee:
CITY OF EAGAN
Agenda Information Memo
August 2, 1994 City Council Meeting
TRAIL SEALCOATING PLANS & SPECIFICATIONS
N. Approve Plans & Specifications, Trail Sealcoating- -Plans and specifications have been
prepared and are in order for submission of bids relative to the sealcoating of bike trails
within the community which were previously identified in the Parks & Recreation
Department's 5 -year trails maintenance plan.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications
for trail sealcoating.
BURR OAKS PARK PLAYGROUND IMPROVEMENTS
O. Approve Plans & Specifications, Burr Oaks Park Playground - -Plans and specifications
have been prepared and are in order for consideration by the City Council relative to
modifications of a Burr Oaks Park North playgrpind improvements. A copy of the grading
plan relative to this item is enclosed on page `t' for your review. Play structures within
the project area will be provided under separate bid.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications
for the Burr Oaks Park playground improvements as presented.
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Agenda Information Memo
August 2, 1994, City Council Meeting
ACKNOWLEDGE COMPLETION /AUTHORIZE CITY MAINTENANCE
(COVENTRY PASS 4TH ADDN)
P. Contract 92 -BB, Acknowledge Completion /Authorize City Maintenance (Coventry
Pass 4th Addition - Streets & Utilities) - -This project consisted of the construction of sanitary
sewer, watermain, storm sewer, and streets to serve the Coventry Pass 4th Addition
development. The Coventry Pass 4th Addition is located east of Dodd Road south of the
Coventry Pass 3rd Addition and adjacent to Inver Grove Heights on the east. The streets
and utilities for this improvement were constructed by the developer according to the plans
and specifications under the terms of the Coventry Pass 4th Addition development
agreement. This installation has been completed and inspected by City authorized personnel
and found to be in conformance with the development contract, plans and specifications, and
City standards. At this time, it's appropriate for the City Council to acknowledge the
satisfactory completion of these public improvements and authorize perpetual City
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of
Contract 92 -BB (Coventry Pass 4th Addition - Streets & Utilities) and authorize perpetual
City maintenance subject to the warranty provisions as identified in the Coventry Pass 4th
Addition development contract.
RECEIVE PETITION /ORDER PUBLIC HEARING
VACATION /(PUBLIC RIGHT -OF -WAY, MENDOTA ROAD)
Q. Receive Petition /Order Public Hearing/Vacation of Public Right -of -Way (Mendota
Road) - -City staff has received a petition to vacate the existing unimproved but dedicated
public right -of -way for Mendota Road located east of Lexington Avenue, south of State TH
55, adjacent to and northerly of the right -of -way for the Chicago, Milwaukee, St. Paul &
Pacific Railroad, adjacent to Lots 6 & 7, the Robert O'Neil Homestead. The petition is
presented by the adjacent property owner, and all application materials have been
submitted, received by staff and found to be in order for City Council consideration of
scheduling a public hearing to formally present and discuss the merits of the request.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition to vacate a portion
of the public right -of -way for Mendota Road and schedule a public hearing to be held on
September 6, 1994.
Agenda Information Memo
August 2, 1994, City Council Meeting
RECEIVE PETITION /ORDER PUBLIC HEARING
VACATION /PUBLIC RIGHT -OF -WAY & UTILITY EASEMENTS
(MENDOTA ROAD)
R. Receive Petition /Order Public Hearing/Vacation of Public Right -of -Way & Utility
Easements (Mendota Road) - -City staff has received a petition from the property owners at
2767 Highway 55 requesting the City Council to consider the vacation of the existing
unimproved but dedicated public right -of -way for Mendota Road as well as two utility
easements which cross portions of Lot 7 & 8 of the Robert O'Neil Homestead. The
property is located east of Lexington Avenue, south of TH 55, and northerly and adjacent
to the Chicago, Milwaukee, St. Paul, Pacific railroad. All application materials have been
submitted, reviewed by staff, and found to be in order for City Council consideration of
scheduling a public hearing to formally present and discuss the merits of this request.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive a petition to vacate the public
right -of -way for Mendota Road and two existing utility easements across Lots 7 and 8 of the
Robert O'Neil homestead and schedule a public hearing to be held on September 4, 1994.
CHANGE ORDER #1
(WILDERNESS RUN ADDN)
S. Contract No. 94 -06 (Wilderness Run Addition, Street & Utility Reconstruction) -
Contract Change Order #1 - -The contractor for the Wilderness Run street and utility
improvement project, McNamara Contracting, Inc., has requested additional costs associated
with the removal of approximately 13,500 square yards of milled pavement and aggregate
base to be hauled off site and stockpiled for future use in the Wilderness Run street
improvement project. The contractor had initially requested $1.80 per ton to haul the
material to a designated storage site and an additional $2.30 per ton to load and haul the
milled material back to the construction site or approximately $24,350.
The change order as proposed by the contractor would provide an alternate means of
construction of the streets within the Wilderness Run Additions. The change order will
allow the contractor to move the reclaimed material as he progresses through the project
creating a construction environment that is more user friendly to the affected residents of
the area. Although the contractor should be able to complete the work as outlined in the
specifications, there may be some benefit received by the residents of the Wilderness Run
Additions if some compensation is given the contractor for removal of this reclaimed
material offsite versus stockpiling the reclaimed material within the Wilderness Run
Additions.
uL(0
Item S - Change Order (Continued)
Subsequent to the contractor's request for additional compensation in the amount of $24,350
representatives from the City's consulting engineer on the project, Maier, Stewart &
Associates, and City staff met with Kevin McNamara, of McNamara Contracting, Inc., and
negotiated a cost of $1.80 per ton for the removal of the milled material offsite versus the
$4.10 per ton as requested by the contractor. The $1.80 per ton cost amounts to a $10,692
increase to the contract versus a $24,350 increase as initially requested by the contractor.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny Contract Change
Order #1 (City Contract 94 -06 - Wilderness Run Additions Street Improvements) and
authorize the appropriate City officials to execute all related documents.
Agenda Information Memo
August 2, 1994, City Council Meeting
PUBLIC HEARINGS
VACATION - CAROL STREET
A. Vacation of Public Right -of -Way, Carol Street -- In response to a petition submitted
by the developer of the proposed Waterview Addition, the City Council scheduled a public
hearing for August 2 to consider the vacation of Carol Street from Dodd Road to State
Trunk Highway #3 except for a small exception needed for the construction of a cul -de -sac
at the southerly end of proposed Waterview Trail. Enclosed on pagegf and 5.3 is a
location map, sketch of the requested vacation, and the legal description. All notices have
been published in the legal newspaper and sent to all potentially interested part's informing
them of this proposed vacation and the public hearing. Enclosed on page is a written
objection from the pro ert owner of Lo t , lock 2, and Outlot B, Dodd View Addition.
Enclosed on pages through are copies of correspondence submitted by
adjacent property owners who are not opposed to the Carol Street vacation. City staff has
received responses from Minnegasco, Northern Natural Gas Company, and Dakota EIectric
Association. These utility com anies have no interest or concern in this vacation
proceeding. Enclosed on page is a site plan layout showing the relationship of the
proposed Waterview Addition in relation to the proposed Carol Street vacation. Also noted
on the site plan are the property owners in support of and opposed to the proposed Carol
Street vacation.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve /deny the vacation of a portion of Carol Street and, if approved, authorize the
Mayor and City Clerk to execute all related documents.
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PROJECT NO. 94 -R
WATERVIEW ADDITION
VACATION REQUEST (CAROL STREET)
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!80 500 900 6 •
VACATION REQUEST SITE
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standard
plate #:
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POND
[AROt STREET TO BE YACHTED
That part of Carol Street IS platted within tht plat of IMO VIEW
ADDITION, Dakota County, Minnesote, according to the recorded
plat thereof, which lies easterly of the easterly right of way
line of Dodd Road and that part of platted Carol Street which
lies westerly of the westerly right of wey of State Trunk Highway
Mo. 3, excepting that pert described as follows,
Commencing et the southeast corner of lot 1, Block 1, DODD
VIEW ADDiTION, Dakota County, Minnesota, according to the
recorded plat thereof; thence on an assumed bearing of North
89 degrees 58 minutes 09 seconds East along the easterly
extension of said lot 1, a distance of 156.03 feet; thence
South 00 degrees 01 minutes 51 seconds East a distance of
30.00 feet to the point of beginning of the lend to be
described; thence continuing South 00 degrees 01 minutes 51
seconds East a distance of 30.00 feet to the southerly right
of way line of Carol Street es platted within the plat of
said 0000 VIEW ADDITION; thence North 89 degrees 58 minutes
09 seconds East along said southerly right of way line e
distance of 110.00 feet; thence Worth 00 degrees 01 minutes
51 seconds West a distance of 30.00 feet; thence South 89
degrees 88 minutes 09 seconds West parallel to said
southerly right of way line a distance of 110.00 feet to the
point of beginning end there terminating.
Containing 1.13 acres more or less.
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July 15, 1994
Re: Notification of Public Hearing to Vacate Public Easement /Right -of -Way
Carol Street
The City of Eagan has received a request to vacate public easements /right -of -way as
shown and described on the attached graphic. A public hearing is scheduled to be held
at 7:00 p.m. on August 2, 1994, at the Eagan Municipal Center located at 3830 Pilot Knob
Road to hear any comments or concerns. If you have any questions pertaining to this
vacation, please contact the Engineering Department at 681 -4646.
Please check one of the boxes below and return one week prior to the public hearing.
Thank you.
❑ I /we have no interest or concern in this vacation proceeding.
jgt We have a concern and would like to address it at the public hearing. (Please
submit concern in writing along with this notification.)
Sincerely,
/41/-1
Michael P. Foertsch,
) Assistant City Engineer
MPF /jj
Enclosure: Graphic
v>trennnr nrcr.
VACATION.M
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN. MINNESOTA 551221897
PHONE: (612) 681 -4600
FAX: (612) 681 -4612
TDD (612) 4548535
city of acigcin
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity /Affirmative Action Employer
THOMAS EGAN
Moyor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE `'JACHTER
Council Members
THOMAS HEDGES
City Adminislrafcr
E. J. VAN OVERBEKE
City Clerk
Company /Agency
,4 Id '' l),;AN.vc )111s )lass
Name
( A
Title
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINLJESOIA 55122
PHOIJF. (612) 651 •4300
FAX (612) 681 4350
IDD (512) 451 ?
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RECEIVED JUL y s 19
July 15, 1994
E. J. VAN OVERBEKE
CHy Clerk
Re: Notification of Public Hearing to Vacate Public Easement/Right-of-Way
Carol Street
The City of Eagan has received a request to vacate public easements /right -of -way as
shown and described on the attached graphic. A public hearing Is scheduled to be held
at 7:00 p.m. on August 2, 1994, at the Eagan Municipal Center located at 3830 Pilot Knob
Road to hear any comments or concerns. If you have any questions pertaining to this
vacation, please contact the Engineering Department at 681 -4646.
Please check one of the boxes below and retum one week prior to the public hearing.
Thank you.
• I /we have no interest or concem in this vacation proceeding.
• We have a concem and would like to address it at the public hearing. (Please
submit concern in writing along with this notification.)
Sincerely,
Michael P. Foertsch, P.E. /LS.
) Assistant City Engineer
MPF/1
Enclosure: Graphic
VACATION DISC
VICATIONSM
Company /Agency
l e ;:ti., n - 14 cft
Na me
L4 A 6C. 4Lty PJ D e
Title 1121-
RP
THOMAS EGAN
mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
CMy Admhistrotor
MUNICIPAL CENTER
ago PILOT KNOB ROAD
EAGAN. MNNESOIA 55122.1097
PHONE: (612) 601 -4600
FAX (612) 601.4612
• 1DD: (b!2) 454.0535 53
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH N OUR COMMUNITY
Equal Opportunity /AtfkmotM, Action Employer
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN. MINNESOTA 55122
PHONE: (612) 601.4300
FAX (612) 681-4360
TDO: (612) 454.0535
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Cil ..>k 4 k a w r w• 1 R P1 P4.. rT ST. C. w t .61w,1 N r S!<< i o 1.1
July 15, 1994
Sincerely,
2cz
VACATION DSC
VACATION.FM
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4600
FAX: (612) 681 -4612
TDD: (612) 454 -8535
city of ocigcin
E. J. VAN OVERBEKE
City Clerk
Re: Notification of Public Hearing to Vacate Public Easement /Right -of -Way
Carol Street
The City of Eagan has received a request to vacate public easements /right -of -way as
shown and described on the attached graphic. A public hearing is scheduled to be held
at 7:00 p.m. on August 2, 1994, at the Eagan Municipal Center located at 3830 Pilot Knob
Road to hear any comments or concerns. If you have any questions pertaining to this
vacation, please contact the Engineering Department at 681 -4646.
Please check one of the boxes below and return one week prior to the public hearing.
Thank you.
0 I /we have no interest or concern in this vacation proceeding.
We have a concern and would like to address it at the public hearing. (Please
submit concern in writing along with this notification.)
diyif
J Michael P. Foertsch, P.E. /L.S.
:1 °� ' Assistant City Engineer
)
MPF /jj
Enclosure: Graphic
Company /Agency
Name
Title
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportuntty /Afflrmative ctlon Employer
RE CEIVED JUL 2 6
1994
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN, MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681-4360
TDD: (612) 454.8535
:
LLIA/ 2 5, 1.19
e, .ar u ti, ilk., Ca/7o id tAut., vacate. di Liart v
I. tilt' L-7;1 warnt ter cat. 07i, a' Ct)mo2 Lt.
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July 15, 1994
VACATION DISC
VACATION F14
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122 -1897
PHONE: (612)681 -4600
FAX: (612) 681 -4612
TDD: (612) 454-8535
city of acigcin
RECEIVED J LP 2 2 1994
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Clerk
Re: Notification of Public Hearing to Vacate Public Easement /Right -of -Way
Carol Street
The City of Eagan has received a request to vacate public easements /right -of -way as
shown and described on the attached graphic. A public hearing is scheduled to be held
at 7:00 p.m. on August 2, 1994, at the Eagan Municipal Center located at 3830 Pilot Knob
Road to hear any comments or concerns. If yoty have any questions pertaining to this
vacation, please contact the Engineering Department at 681 -4646.
Please check one of the boxes below and return one week prior to the public hearing.
Thank you.
❑ 1 /we have no interest or concern in this vacation proceeding.
1( We have a concern and would like to address it at the public hearing. (Please
submit concern in writing along with this notification.)
Sincerely,
s
� Michael P. Foertsch, P.E. /L.S.
) Assistant City Engineer
MPF /ji
Enclosure: Graphic
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A, MASIN
THEODORE WACHTER
Council Members
Company /Agency
d //4 -4 / . �iT2
Name
Title
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN. MINNESOTA 55122
PHONE: (612) 681-4300
FAX: (612) 681 -4360
MD: (612) 454 -8535
Michael P. Foertsch, P.E. /L.S.
Assistant City Engineer
3830 Pilot Knob Road
Eagan, MN 55122 -1897
July 21, 1994
Dear Sir;
The usefulness of Carol Street has become obsolete following
the approval of the Waterview Addition. We therefore
support the vacating of public easement /right of way of
Carol Street.
sa
Sincerely,
E '
Clarence R. Fit
4785 S. Robert Tr.
Eagan, MN 55123
141 port •f tee! ltrnt 13 plltt94 eltht. tM •I•t et 11011 elte
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Agenda Information Memo
August 2, 1994, City Council Meeting
VIOLET LANE - STREETS & UTILITIES
B. Project 674, Violet Lane, Streets & Utilities - -On July 5, 1994, in response to a
petition received from the developer of the Villas of Violet Lane, the Council received a
feasibility report for Violet Lane, Streets & Utilities, and sche X& 1 d a public hearing to be
held on August 2, 1994. Enclosed on pages , ( through is a copy of the final
feasibility report describing the proposed improvements. At 4:00 p.m., on Wednesday, July
27, 1994, representatives from Maier, Stewart & Associates and City staff met with the
property owners affected by the propo Violet Lane streets and utilities improvements.
Enclosed on pages g1 through �� is a copy of the minutes from the informational
meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve /deny Project 674 (Violet Lane, Street & Utility Improvements).
Re
re
FEAS- 112.008
nehouse, P.E.
170
Feasibility Study
for
Villas of Violet Lane
Street and Utility Improvements
City Project No. 674
July 1994
I hereby certify that this Feasibility Study was written by me or under my direct supervision
and that I am ly re_'stered Professional Engineer under the laws of the State of Minnesota.
Ste en D. Gatlin, P.E. Date
Reg. No. 12754
Prepared for
City of Eagan, Minnesota
112 - 008 -10
Date
7--ze-xt4
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ENVIRONMENTAL
MUNICIPAL
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STRL'CTURA(
SUR■EVING
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TRANSPORTATION
1326 Energy Pork Drive
Sr. Pal, MN 55108
612-644-4389
Fax 612 -644 -9446
9800 Shdard Parkway
Minneapolis, MN 55441
612- 546-0432
Fax 612-544-6398
July 15, 1994
File: 112 - 008.10
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: FEASIBILITY STUDY — CITY OF EAGAN PROJECT NO. 674
VIOLET LANE STREET AND UTILITY IMPROVEMENTS
Dear Mayor and City Council:
Please find enclosed the preliminary feasibility study for the referenced project. This
report addresses the extension of Violet Lane as well as utility improvements, storm
drainage improvements, and the installation of a water transmission pipe to cross
Interstate 35E. Also included are a preliminary cost estimate and preliminary assessment
roll for the project.
Please contact our office if you have questions or require further information regarding
this project.
Yours truly,
MSA, CONSULTING ENGINEERS
Steven D. Gatlin, P.E.
SDG:tw
Enclosure
FEAS- 112.008
City Review:
Page
EXECUTIVE SUMMARY 1
SCOPE 2
EXISTING CONDITIONS 2
PROPOSED IMPROVEMENTS 3
Sewer Improvements 3
Watermain Improvements 3
Storm Sewer Improvements 3
Street Improvements 4
COST ESTIMATE 4
PROJECT FUNDING 5
Assessment 5
PROJECT SCHEDULE 5
RECOMMENDATIONS 6
CONCLUSION 6
FEAS- 112.008
TABLE OF CONTENTS
APPENDIX A: Estimated Construction and Project Costs
APPENDIX B: Preliminary Assessment Roll
APPENDIX C: Assessment History Records
Co 3
EXECUTIVE SUMMARY
This Feasibility Study analyzes the options and recommendations for completing street
and utility improvements for the Villas of Violet Lane in the City of Eagan, Minnesota.
The following summary will briefly discuss the proposed improvements, the costs
associated with those improvements, project recommendations, project financing, and a
brief project schedule.
The proposed improvements include the extension of existing Violet Lane to the west
approximately 320 feet. The existing 6 -inch watermain that extends to the end of the
paved portion of Violet Lane would also be extended to the west end of the right of way.
Sanitary sewer currently exists in the unpaved portion of Violet Lane and it is proposed
to be extended east and south to connect the proposed townhomes that will be constructed
on the property. Storm sewer will also be installed to collect storm drainage from the
entire tributary drainage area, both north and south of Violet Lane. The street and utility
improvements as proposed are the most economically feasible means of providing service
to all affected properties either now or in the future without causing disruption to those
same utilities or the new street upon completion.
The project costs and proposed methods of funding associated with each portion of these
improvements are as follows:
Improvement Project Cost Funding Method
Sanitary Sewer $ 21,519.00 Assessment
6-Inch Watermain 11,238.75 Assessment
30 -Inch Watermain 110,227.50 City Cost
Storm Sewer 31,285.58 Assessment
Street Construction 47,101.50 Assessment
Utility Services 37,030.50 Assessment
The amounts proposed to be assessed to the two property owners are $41,498.65 and
$106,676.68 for the undeveloped parcels north and south of Violet Lane, respectively.
The anticipated City costs are estimated at $113,827.50.
Based upon the MS 429 requirements necessary to complete this project, the anticipated
award date is August 16, 1994 and the completion of construction is projected to be
October 28, 1994, with the exception of wear course paving to be done in the spring of
1995.
The Violet Lane Street and Utility Improvements Project is technically feasible from an
engineering standpoint.
This Feasibility Report was ordered by the Eagan, Minnesota City Council following
receipt of a petition from a developer to analyze the feasibility of extending the existing
Violet Lane and improving the existing sanitary sewer, wa ter, and storm drainage utilities
along that street. In addition to utility improvements to serve the multi- family residential
Cet"( 1
FT-AS-112.008
development of the areas adjacent to Violet Lane, a water transmission line is proposed
to serve as a water supply link across Interstate 35E in the future.
The location of the project is as indicated on Exhibit 1. Also included in this report are
estimated costs for the improvements, a proposed assessment roll, and a preliminary
project schedule.
SCOPE
The purpose of this report is to determine the feasibility of extending Violet Lane west
from the end of the existing paved roadway west of Federal Drive. Street construction
would include the construction of a 32 -foot wide, 9 -ton design roadway, and storm
drainage improvements at the west end of the roadway.
Also included in the project scope are utility improvements to serve the multi-family
residential development of the area as it is zoned R2. These improvements include the
extension of the 6-inch watermain along Violet Lane, the extension of the 8 -inch sanitary
sewer that serves the area, and storm drainage improvements in accordance with the City
of Eagan Storm Water Management Plan. In addition to these improvements, a segment
of the planned 30 -inch water transmission pipe which conveys water between portions
of the City on either side of Interstate highway 35E will be installed as shown in the City
of Eagan Water Supply Plan.
A tabulation and explanation of the estimated project costs was also completed as
Table 1. The project cost includes the estimated construction cost and 35 % for overhead
costs which include engineering, administration, legal, construction staking and
inspection, and a contingency cost.
Proposed financing includes City funding of trunk watermain and property assessments
to adjacent properties benefitting from the improvements. A preliminary assessment roll
is also included in accordance with the City of Eagan's current assessment policy.
EXISTING CONDITIONS
Violet Lane, as it currently exists, is in extremely good condition. The existing roadway
shows no significant surface distress or cracking other than would be expected in a newer
street. The surmountable, D412 concrete curb and gutter does not appear to be cracked
or show any signs of distress. The existing roadway only extends approximately halfway
into the property with the western portion being an existing gravel roadway with no curb
and gutter. There are currently no storm drainage improvements within the roadway.
A 6 -inch ductile iron watermain extends to the end of the existing paved surface and an
8 -inch sanitary sewer exists under the gravel portion of Violet Lane; however, it does not
extend east beneath the existing paved roadway.
or s- 112.008
2
PROPOSED IMPROVEMENTS
The following sections and exhibits will explain and present, in greater detail, the
proposed improvements along and adjacent to Violet Lane.
Sewer Improvements
The proposed sanitary sewer improvements are graphically presented on Exhibit 2.
These improvements include the extension of and 8 -inch PVC sanitary sewer lateral east
to a manhole within Violet Lane and then south along the back lot lines of the proposed
townhouse properties. This routing will minimize the disruption to the existing Violet
Lane street section and provide the sufficient flows within the sewer as adequate grades
can be maintained. An alternative route was evaluated utilizing the proposed roadway
east of the proposed townhomes. This route would require the existing roadway to be
reconstructed and the construction of a very deep manhole to serve only four homes.
Watermain Improvements
The watermain improvements proposed within the scope of the project include the
extension of the existing 6 -inch ductile iron pipe to the west as presented on Exhibit 3.
Water service to the proposed townhomes are included as well. Homes along Violet
Lane would be served from Violet Lane while those facing Federal Drive would receive
water service from the existing 8 -inch watermain in the Federal Drive right of way.
Water service would be stubbed to the property to the north of Violet Lane if current and
future development plans for this property are known. Rather than speculating on the
placement of the services, it is recommended that the watermain be installed behind the
curb along the north side of Violet Lane. This would allow future service installation
without disruption to the new street surface. Alsos, the existing house would be provided
with water service if required.
The City also intends to extend a 30 -inch water transmission line along the entire length
of Violet Lane. This line would extend to the eastern right of way line of Federal Drive,
and west to the western most property line of the developing property. This pipe would
be constructed of either ductile iron pipe or pre -cast concrete cylinder pipe, depending
upon costs and bidding results. The transmission line would not be utilized for water
service to the abutting properties in order to maintain the integrity of such a major
component of the City's water system. This line would be installed along the south side
of Violet Lane, again to reduce the disruption to the existing street surface.
Storm Sewer Improvements
The proposed storm sewer improvements include the installation of an 18 -24 -inch RCP
storm sewer pipe along the west property line of the subject property as presented on
Exhibit 4. This pipe would collect the storm runoff from the property north of Violet
Lane at a low point in the vicinity of the cut de sac, the drainage from Violet Lane at a
FEAS- 112.008
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PROPOSED SANITARY SEWER
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VILLAS OF
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1ST ADDITION
... 7� 1 1 1 11 4- -'- r -
EXISTING WATERMAIN
PROPOSED WATERMIAN
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VILLAS OF
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catch basin within the cul de sac, and the drainage from the subject property itself via a
stabilized drainage swale in accordance with Minnesota Pollution Control Agency
guidelines.
The storm sewer improvements will be installed to allow future storm drainage
development to the north of Violet Lane and will also be completed in accordance with
the City of Eagan storm water management program.
Street Improvements
The proposed street improvements consists of the extension of the existing 32 -foot wide,
9 -ton roadway. The construction will include replacement of the existing road surface
to the location of the new sanitary sewer manhole presented on Exhibit 2; however, all
existing concrete curb and gutter will remain in place. The street construction will be
completed as presented on Exhibit 4.
The street section required to meet the 9 -ton design standard is presented on Exhibit 5.
It consists of 31/2 inches of bituminous material placed upon 6 inches of 100% crushed
rock, Class 5 aggregate base material. This roadway section design is based upon typical
Fagan street subgrades and is subject to redesign based upon soil borings advanced at the
site.
In addition to the new roadway, D412 surmountable concrete curb and gutter will be
installed along the new length of Violet Lane.
COST ESTIMATE
A detailed cost estimate is presented on Appendix A. The estimated construction costs
for street and respective utility improvements are listed below.
FEAS- 112.008
Street Reconstruction Cost $34,890.00
Sanitary Sewer Construction Cost 15,940.00
6-Inch Watermain Construction Cost 8,325.00
30 -Inch Watermain Construction Cost 81,650.00
Storm Sewer Construction Cost 23,174.50
Services ,4' 000
Total Construction Cost $191,409.50
Estimated Overhead Cost
(30% for Engineering, legal, admin, fiscal
and 5% contingency cost)
Streetlighting $3,000.00
20% Overhead -00
TOTAL PROJECT COST
$66,993.33
$262,002.83
5
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PROPOSED STREET
IMPROVEMENTS
....................
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PROPOSED
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PROPOSED STORM SEWER
PROPOSED STEET LIGHT LOCATION
VILLAS OF
VIOLET LANE
CITY OF EAGAN mow. No
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VILLAS OF
VIOLET LANE
CITY OF EAGAN PROJ.
STREET SEC
EA008EX
16' 14'
- 1 1/2" 2331 TYPE 41A BITUMINOUS WEAR COURSE (1995)
TACK COAT
2" 2331 TYPE 32B BASE COURSE
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city of acigci n
The overhead costs are included above and consist of engineering, legal, administrative
and fiscal expense projections.
Based upon these costs, the total project cost is estimated at $262,002.83. The following
section of this report will discuss the methods of funding to be utilized in financing the
cost presented above.
PROJECT FUNDING
This project will be primarily funded through assessments to the adjacent properties
which benefit from the improvements. The assessment area for the project is presented
on Exhibit 6 and all assessments are based upon the City of Eagan's current assessment
policy. The costs associated with the installation of the 30 -inch water transmission pipe
will be borne by the City of Eagan.
Assessment
As the property to the north and south of the new construction will benefit equally, the
street and 6 -inch watermain costs will be split equally between the two properties. All
water services will be installed to the currently developing property to the south;
therefore, all services will be assessed to that property.
The sanitary sewer assessment will be borne primarily by the currently developing
property to the south as well as that property is the primary beneficiary. The property
to the north will be assessed for the sanitary sewer stub that is being installed at the west
end of proposed Violet Lane.
The storm sewer assessment will be funded through property assessments based upon a
contributing area method, in accordance with the City of Eagan's current assessment
policy.
A preliminary assessment roll is enclosed as Appendix B. This assessment roll presents
the costs associated with each portion of the assessment as derived from the cost
estimates presented on Appendix A. Records of previous assessments to surrounding
properties are presented in Appendix C.
PROJECT SCHEDULE
The following schedule presents the proposed time frame for the completion of the Violet
Lane Street and Utility Improvements project. The schedule allows for a project award
date of September 6, 1994, and a project completion date of October 28, 1994.
FEAS -1 12.008
Council Receives Feasibility Study
Public Hearing /City Council Receives
Plans and Specifications, Sets Bid Opening
Bid Opening
City Council Receives Bids/Awards Contract
�?3
July 5, 1994
August 2, 1994
August 26, 1994
September 6, 1994
4Sk
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EA008EX
VILLAS OF
VIOLET LANE
CITY OF EAGAN PROs.
ASSESSMENT
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ASSESSMENT AREA
ROYAL OAK CIRCLE
1ST ADDITION
ENNOBDT
city of crciga n
1
Construction Begins
Construction Complete
Assessment Hearing
First Payment Due
RECOMMENDATIONS
September 19, 1994
October 28, 1994
November, 1994
May, 1995
It is recommended that Violet Lane be extended and constructed as a 32 -foot wide, 9 -ton
roadway. In addition to the road construction, sanitary sewer, watermain and storm
sewer improvements should be included in the project to serve the area as it develops.
In addition to the utility improvements outlined above, a 30 -inch water transmission pipe
should be constructed as noted on the enclosed exhibits to provide a cross - connect
between the two halves of the City of Eagan, as shown in the City's Master Water Plan.
CONCLUSION
The total project cost of the improvement recommended above is $262,002.83. Of this
amount, $113,827.50 are proposed City funds and $148,175.33 will be funded through
property assessments. The project schedule outlines an August bid opening and a
November assessment hearing. The Violet Lane Street and Utility Improvements project
is technically feasible from an engineering standpoint.
FEAS - 112.008
FEAS- 112.008
APPENDIX A.
ESTIMATED CONSTRUCTION AND
PROJECT COSTS
ce_
BID SCHEDULE FOR:
MnDOT ITEM
No NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE i
)
t
SCHEDULE 1.0 LATERAL WATER MAIN
0504.602 1 CONNECT TO EXISTING WATERMAIN EA 1 300.00 300.00
0504.602 2 6" GATE VALVE AND BOX EA 1 500.00 500.00
0504.602 3 F & I HYDRANT ASSEMBLY EA 1 1,500.00 1,500.00
0504.603 4 6" DIP WATER MAIN - SP CLASS 53 LF 290 20.00 5,800.00
0504.620 5 FITTINGS LBS 150 1.50 225.00
SUBTOTAL 8,325.00
5% CONTINGENCY 416.25
30% ENGINEER AND ADMINISTRATION 2,497.50
TOTAL SCHEDULE 1.0 11,238.75
SCHEDULE 2.0 TRUNK WATERMAIN
0504.603 1 TRUNK WATER MAIN LF 710 115.00 81,650.00
SUBTOTAL 81, 650.00
5% CONTINGENCY 4,082.50
30% ENGINEER AND ADMINISTRATION 24,495.00
TOTAL SCHEDULE 2.0 110.227.50
SCHEDULE 3.0 SANITARY SEWER
2451.603 1 SANITARY SEWER BEDDING LF 340 5.00 1,700.00
2503.511 2 8" PVC SANITARY SEWER (0 -12') LF 235 20.00 4,700.00
2503.511 3 8" PVC SANITARY SEWER (12 -16') LF 30 24.00 720.00
2503.511 4 8" PVC SANITARY SEWER (16 -201 LF 75 30.00 2,250.00
0503.602 5 CONNECT TO EXISTING MANHOLE EA 1 400.00 400.00
0503.603 6 INSULATION 48" WIDE X 2" THICK LF 220 11.00 2,420.00
2506 508 7 CONSTRUCT MANHOLE 48" SANITARY EA 2 1,500.00 3,000.00
0506.608 8 MANHOLE EXTRA DEPTH ( >8') LF 10 75.00 750.00
T SUBTOTAL 15,940.00
5% CONTINGENCY 797.00
30% ENGINEER AND ADMINISTRATION 4,782.00
TOTAL SCHEDULE 3.0 21.519.00
SCHEDULE 4.0 SERVICES
2503.511 1 4" PVC SERVICE, SCH 40 LF 370
2503.511 2 8" PVC SANITARY SEWER, SDR 35 LF 20
0503.602 3 4" SADDLE TAP ON EXIST. MAIN EA 7
112008bs.wk4 1 1
16.00
20.00
350.00
5,920.00
400.00
2,450.00
112 -008-2
MnDOT ITEM
No. ' NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE
0503.602 4 8" x 8" x 4" PVC WYE EA 7 100.00 700.00
0503.602 5 CORE DRILL EXISTING MANHOLE EA 1 350.00 350.00
0504.602 ' 6 WET TAP 1" CORP. EA 14 40.00 560.00
0504.602 7 1" CURB STOP AND BOX EA 14 75.00 1,050.00
0504.603 8 1" TYPE K COPPER SERVICE LF 1000 16.00 16,000.00
T SUBTOTAL 27,430.00
5% CONTINGENCY 1,371.50
30% ENGINEER AND ADMINISTRATION 8,229.00
TOTAL SCHEDULE 4.0 37,030.50
SCHEDULE 5.0 STORM SEWER
2451.603 1 ROCK FOUNDATION LF 90 7.00 630.00
2503.511 2 18" RCP, CL 5 LF 460 25.00 11,500.00
2503.511 3 24" RCP, CL 3 LF 90 28.00 2,520.00
2501.515 4 24" RCP APRON EA 1 500.00 500.00
2501.567 5 18" RCP SAFETY APRONG AND GRATE EA 2 500.00 1,000.00
2506.508 6 CONSTRUCT MANHOLE EA 2 1,100.00 2,200.00
2506.509 7 CONSTRUCT CATCHBASIN/MANHOLE EA 2 1,000.00 2,000.00
2511.501 8 RANDOM RIP RAP, CLASS 3 CY 6 50.00 300.0C
2511.515 9 GEOTEXTILE FIBER, TYPE IV SY 9 5.50 49.50
2503.601 10 GRADE SODDED SWALE LF 450 5.50 2,475.00
T SUBTOTAL 23,174.50
5% CONTINGENCY 1,158.73
30% ENGINEER AND ADMINISTRATION 6.952.35
TOTAL SCHEDULE 5.0 31.285.58
SCHEDULE 6.0 STREET CONSTRUCTION
2104.501 1 REMOVE CURB LF 140 2.50 350.0()
2104.505 2 REMOVE PAVEMENT SY 230 3.00 690 00
2105.501 3 COMMON EXCAVATION CY 1800 4.50 8,100.00
2105.525 4 TOPSOIL BORROW CY 150 12.00 1,800.00
2111.501 5 TEST ROLLING RS 3 100.00 300.01
2211.502 6 AGGREGATE BASE, CL 5 - 100% CRUSHED CY 350 13.00 4,550.0.'
2331.508 7 TYPE 41A, BIT. WEAR COURSE TN 180 24.00 4,320.00
2331.514 8 TYPE 32B, BIT. BASE COURSE TN 240 23.00 5.520.00
2357.502 9 TACK COAT GAL 100 1.00 100.00
0504.602 10 ADJUST GATE VALVE EA 1 150.00 150.00
0506.602 11 ADJUST MANHOLE EA 1 200.00 200.00
2531.502 12 D412 CONCRETE CURB LF 940 6.50 6,110.00
112008bs.wk4
112 -008
MnDOT ITEM
No. NO.
UNIT QUANTITY
112008bs.wk4
UNIT PRICE TOTAL PRICE
2575.505 13 SOD LAWN & BLVD. TYPE SY 350 2.00 700.00
2575.555 14 TURF ESTABLISHMENT LS 1 2,000.00 2,000.00
T SUBTOTAL 34, 890.00
5% CONTINGENCY 1,744.50
30% ENGINEER AND ADMINISTRATION 10,467.00
TOTAL SCHEDULE 6.0 47,101.50
112 -008 -:
FEws- 112.008
APPENDIX B.
PRELIMINARY ASSESSMENT ROLL
PROPERTY I.D. 010 -06 (North side of Violet Lane)
"e.t_111.008
Lateral Watermain $ 5,619.40
Trunk Watermain -0-
Sanitary Sewer -0-
Services 1,012.50
Storm Sewer 11,316.00
Street 71,550 75
Total $41,498.65
PROPERTY I.D. 012 -07 (South side of Violet Lane)
Lateral Watermain $ 5,619.40
Trunk Watermain -0-
Sanitary Sewer 21,519.00
Services 36,018.00
Storm Sewer 19,969.53
Street 73,550 75
Total $106,676.68
S71
APPENDIX C.
ASSESSMENT HISTORY RECORDS
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PROP ID: 10- 64700 - 010 -02
S /A# ASSESSMENT DESCRIPT. YEAR TM RATE
101320 SAN SEW LAT P432 1987 05 9.0000
101321 MAT LAT P432 1987 05 9.0000
101322 SERVICES P432 1987 05 9.0000
101323 STORM SEW LAT P432 1987 05 9.0000
101324 STREET P432 1987 05 9.0000
102103 ST 372 1991 15 11.0000
--- --- SUMMARY OF LEVIED
* * * * ** 1994 Pial CERTIFIED
SUMMARY OF DEFERRED
SVNMA.RY OP PENDING
SUMMARY OF CLOSED
Press ENTER; or P1, F4, P5, P7, F8
SPECIAL ASSESSMENT SEARCH SUMMARY
AS OF: 06/29/1994
PROPERTY ID: 10- 64700 - 020 -02
S /A/ ASSESSMENT DESCRIPT. YEAR TM RATE
101320 SAN SEW LAT P432 1987 05 9.0000
101321 WAT LAT P432 1987 05 9.0000
101322 SERVICES P432 1987 05 9.0000
101323 STORM SEW LAT P432 1987 05 9.0000
101324 STREET P432 1987 05 9.0000
102103 ST 372 1991 15 11.0000
SUMMARY OF LEVIED
* * * * ** 1994 P &I CERTIFIED
SUMMARY OF DEFERRED
SUMMARY OF PENDING
SUMMARY OF CLOSED
3 lotit iL I1d7
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Press ENTER; or F1, F4, F5, F7, F8
TV VO44440 ruutiuU4
29/1994
TOTAL ANN.PRIN.
10385.27 0.00
9541.37
2771.68
9148.62
1776.15
6658.19
0.00
1078.62
�d 0.00
0.00
40281.28
3 6
TOTAL ANN.PRIN.
10385.27 0.00
9541.37 0.00
2771.68 0.00
9148.62 0.00
1776.15 0.00
6658.19 0.00
0.00
1078.62
0.00
0.00
40281.28
L3
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0
0.0
0.00
0.00
PAYOFF CD
0.00 CL
0.00 CL
0.00 CL
0.00 CL
0.00 CL
0.00 PP
0.0
0.00
0.00
PAYOFF CD
0.00 CL
0.00 CL
0.00 CL
0.00 CL
0.00 CL
0.00 PP
0.00
0.00
0.00
06 -30 - 94 08:18AM FROM CITY r' EAGAN
PROPERTY ID: 10- 01600 - 012 -07
S /Af ASSESSMENT DESCRIPT.
100124 SAN SW TRK
100335 WATER AREA
100732 SS TR 297
101320 SAN SEW LAT P432
101321 WAT LAT P432
101324 STREET P432
101845 WLTK 523
102103 ST 372
SUMMARY OF LEVIED
1994 P &I CERTIFIED
SUMMARY OF DEP
SUMMARY OF PENDING
--- - -- SUMMARY OF CLOSED
Press ENTER; or Fl, F4, P5, P7, 78
SPECIAL ASSESSMENT SEARCH SUMMARY
AS OF: 06/29/1994
PROPERTY ID: 10- 01600 - 010 -06
S /A# ASSESSMENT DESCRIPT.
100124 SAN SW TRK
100732 SS TR 297
101273 W /TR P451
101320 SAN SEW LAT P432
SUMMARY OF LEVIED
1994 P &I CERTIFIED
SUMMARY OF DEFERRED
SUMMARY OF PENDING
- - - - -- SUMMARY OF CLOSED
* * * * **
Press ENTER; or F1, F4, F5, F7, F8
TO 96449446
AS OF: 06/29/1994
YEAR TM RATE
1969 25 8.0000
1976 15 8.0000
1982 15 12.5000
1987 05 9.0000
1987 05 9.0000
1987 05 9.0000
1989 15 9.0000
1991 15 11.0000
15533.65
,cl �u. 2399.24
�d WLZi4 0.00
0.00
43701.26
YEAR TM RATE
1969 25 8.0000
1982 15 12.5000
1986 15 8.5000
1987 05 9.0000
f etilx414- ttuzi-1-4-4 Are
TOTAL
2700.00
722.00
9815.76
11527.96
2950.39
15985.15
3995.50
11538.15
TOTAL
450.00
1273.00
2704.55
5782.05
0.00
0.00
0.00
0.00
10209.60
F002 /004
SEE COMMENTS
ANN.PRIN.
0.00
0.00
o.00
0.00
0.00
0.00
266.36
769.21
1035.57 11894.22
0.00
0.00
ANN.PRIN.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAYOFF CD
0.00 CL
0.00 CL
0.00 CL
0.00 CI;
0.00 CL
0.00 CL
2663.70
9230.52
0.00
0.00
PAYOFF CD
0.00 CL
0.00 CL
0.00 PP
0.00 PP
0.00
0.00
0.00
06-30 - 94 08:18AM FROM CITY " EAGAN
PROPERTY ID: 10- 01600- 010 -05
S /Al ASSESSMENT DESCRIPT.
100124 SAN SW TRK
100732 SS TR 297
100894 SSTRK371
101273 W /TR P451
101320 SAN SEW LAT P432
101845 WLTK 523
* ** **
Press ENTER; or 71, F4, 75, 77, 78
SUMMARY OF LEVIED
1994 P &I CERTIFIED
SUMMARY OF DEFERRED
St»O4ARY OF PENDING
SUMMARY OF CLOSED
TO 96449446 PO03/004
AS OF: 06/29/1994
YEAR TM RATE
1969 25 8.0000
1982 15 12.5000
1984 15 10.5000
1986 15 8.5000
1987 05 9.0000
1989 15 9.0000
SEE COXMENTS
TOTAL ANN.PRIN.
1782.00 0.00
6013.00 0.00
7246.90 0.00
9520.00 634.66
5962.74 0.00
2620.00 174.66
12140.00
1413.82
0.00
0.00
21004.64
209.32
0.
0.00
3
PAYOFF CD
0.00 CL
0.00 CL
0.00 PP
4442.72
0.00 CL
1746.70
61B9.43
0.00
0.00
06 - 30 - 94 08:18AM FROM CITY " EAGAN
OYT1.0T
ROYAL OAK CIRCLE
SRO MOTION
•UTS. 0
DRIVE
•
•
TO 96449446
PO04/004
1 1. 419 V
.0
•••• v
w r
3
/Ma so
*WA
A
•
- .
r•
MI.
%I
C91S11'1i16 DG11EERS
C'
•
1326 Energy Pork Drive
St. Paul, MN 55108
612.644.4389
Fox. 612- 644.9446
9800 Shelard Porkway
Minneapolis, MN 55441
612- 546.0432
Fax: 612- 544.6398
July 29, 1994
File: 112- 016 -10
Mr. Mike Foertsch
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: CITY OF EAGAN PROJECT NO. 674 (VILLAS OF VIOLET LANE)
PUBLIC INFORMATIONAL MEETING
Dear Mr. Foertsch:
The following is a presentation of the meeting minutes from the public informational meeting
for the referenced project.
The meeting was opened at 4:00 p.m. on Wednesday, July 27, 1994. Those present at the
public informational meeting were:
The Engineer presented the Feasibility Study for the Villas of Violet Lane, addressing the
existing utilities, street, and topography. Proposed improvements, costs, and project
financing were then discussed, followed by a question and answer period with the affected
property owners. Items discussed at the public informational meeting are outlined below.
Ms. Pearl Lemieux
Mr. John Lemieux
Mr. Dave Johnson
Mr. John Wingard
Mr. Bruce Irish
Mr. Greg Stonehouse
Mr. Mike Foertsch
1565 Violet Lane
1535 Violet Lane
4345 Wilshire Boulevard, Mound, Minnesota
City of Eagan
MSA Consulting Engineers
MSA Consulting Engineers
City of Eagan
Ms. Lemieux objected to costs of project and impact to her son, Mr. John Lemieux.
According to the Lemieuxes, the Developer had met with them prior to petitioning
the project. The Lemieuxes stated that the Developer had informed them that they
would not have to bear any of the costs of the utility and street improvements and that
all of those costs would be borne by the Developer.
The Developer stated that this was more in terms of his development and he did
not tell the Lemieuxes that the adjacent property owners would not have to fund
any improvements.
8"�
Mr. Mike Foertsch
July 29, 1994
Page Two
• There was a request by Mr. Lemieux to have the 8 -inch sanitary sewer stub
deleted from his property and a 4 -inch sewer service added.
• There was a request from Mr. Johnson to install a 4 -inch water service to the
developing property for sprinkler service.
• The Lemieuxes also expressed a desire for an extended assessment term (30 years)
as a $41,000 assessment would be difficult to pay in a shorter term.
• Ms. Lemieux inquired into the park property to the north of her property. She
asked about access and additional research into utilities in that area.
The Developer had additional concerns regarding the design and costs for the
project. These were addressed by the Engineer at the meeting.
This summarizes the discussion with the affected property owners present at the
informational meeting. We will be present at the public hearing on August 2, 1994, to
address any additional concerns with the project. Please contact our office if you have
questions or require further information.
Yours truly,
MSA, CONSULTING ENGINEERS
� t l
GJS:tw
016- 2902.jul
Greg 6 Ji. SXbnehouse, P.E.
Agenda Information Memo
August 2, 1994, City Council Meeting
OLD BUSINESS
..................... ...............................
.................... ...............................
REQUEST FOR EXTENSION OF TIME
GRADING /EXCAVATION PERMIT iEX -10 -163 - ROBT O'NEIL PROPERTY
A. Request For Extension of Time, Grading/Excavation Permit #EX -10 -163 (Robert
O'Neil Property)--C. has received a request from Johnson Brothers Corporation
enclosed on page, for an extension of time to complete the grading on the Robert
O'Neil property. The grading /excavation permit as approved by the City Council on
September 10, 1993, identified the excavation to be completed on the project by the end of
July, 1994. The permit also addressed the restoration of this site be completed by the end
of August, 1994. For Council's information, Johnson Brothers Corporation is the company
who was actively doing the grading, but the grading permit was taken out by the Dial
Companies of Omaha, Nebraska.
A restoration bond in the name of Johnson Brothers Corporation was provided in the
amount of $15,000 which was used as financial security to ensure the restoration of the site
be completed by August 24, 1994. Attached on pages ?/ through is a copy of the
City's correspondence to Dial Companies authorizing the work to be pe under the
grading /excavation permit as well as a copy of the permit and the bond sureties.
The permit issued by the City identifies a starting date of vegetation restoration of May,
1994. To date, staff is not aware of any restoration efforts being performed by the Johnson
Brothers Corporation.
Since the grading on the O'Neil property has begun, City staff has received approximately
15 -20 complaints from the public regarding material tracked on Yankee Doodle Road as
well as dust associated with the removal of this material and the grading operations.
Johnson Brothers Corporation has generally responded to requests from the City to remove
material from the roadway surface, but their response has not been a #1 priority in
mitigating the concerns of the complaints that the City has received.
The permit as issued for the excavation generally states the applicant is responsible for any
and all damages to other property or facilities as a result of work covered by this permit.
As a part of this extension of time request, City staff is recommending that the City Council
consider adding specific conditions to the permit which relate to the restoration of Yankee
Doodle Road's boulevard area, trailways, and storm sewer system. The restoration of the
storm sewer system would include the cleaning of the storm sewer lines as well as removal
of material which may have been deposited in the ponding areas connected to the Yankee
Doodle Road storm sewer system.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve /deny the request by
Johnson Brothers Corporation for a 2 -week extension of the completion date of the grading
operations associated with Grading /Excavati #EX -10 -163.
U \
July 27, 1994
Mr. Tom Colbert
Director of Public Works
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Request for Extension of Time on Permit # EX -10 -163
Dear Mr. Colbert:
Johnson Bros. Corporation is currently completing the grading at
the O'Neal Property located adjacent and North of Yankee Doodle
Road between 35E and Lexington Avenue. We are requesting an
additional two weeks to complete the site. The permit addresses
excavation to be completed by the end of July 1994 while the
vegetation restoration is to be completed by the end of August,
1994.
Your cooperation in this matter would be greatly appreciated. If
you have any questions please contact Brian Zimpel or myself at
612 -687 -9441.
Sincerely,
JOHNSON BROS. CORPORATION
Dan T. Dansby
Project Engineer
cc Craig Knudsen
Engineering Technician
JOHNSON BROS.
P.O. Box 1002 Litchfield, Minnesota 55355 -1002
AN EQUAL OPPORTUNITY EMPLOYER
CORPORATION
Telephone (612) 693-2671
Telex (RCA) 292875 JBCL UR
Fax (612) 693 -9192
September 10, 1993
BOB WELSTEAD
DIAL COMPANIES
11506 NICHOLAS, SUITE 200
OMAHA NEBRASKA 68154
RE: GRADING /EXCAVATION PERMIT #EX -10 -163
SUBDIVISION OR PARCEL NUMBER: ROBERT O'NEIL PROPERTY
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Clerk
Please be informed that on September 10, 1993, the City of Eagan formally approved
your application for a GRADING /EXCAVATION PERMIT for the property referenced
above. Enclosed you will find a complete set of:
1) Approved application
2) Insurance certificate
3) Performance Bond
4) Approved grading /erosion. control plan
5) Copy of City Code Section 4.30 which delineates the restrictions and
requirements that must be conformed with during all operations of
this approved grading permit.
6.ay deviations, revisions, amendments or expansion of this grading permit are apt
authorized until you have received written approval from the City Engineering Division.
Any work performed that does not conform to the approved plans on file at City Hall will
be considered a violation of this ordinance and subject to all fines, penalties and
corrective action deemed necessary by the City.
MUNICIPAL CENTER
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE (612) 681 -4600
FAX: (612) 681-4612
TDD: (612) 454.8535
city of ecigan
THE LONE OAK TREE
THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity /Affirmative Action Employer
MAINTENANCE FACILITY
3501 COACHMAN POINT
EAGAN. MINNESOTA 55122
PHONE. (612) 681.4300
FAX (612) 681 4363
TDD (612) 454.5535
Page Two
Also, be reminded that this grading permit is valid only for this calendar year and must
be renewed on January 1, 1994, if the work has not been completed in conformance with
the approved permit on file at the City Hall.
It is also required that a copy of the grading plan, stamped approved by the City of
Eagan, must be kept on the job site at all times that the work is being performed.
Violation of this requirement will be grounds for the City to suspend /revoke this permit.
As the applicant, this permit is being issued to you personally and it is your responsibility
to insure that all employees or subcontractors performing this work are made aware of
and comply with the conditions of this or other regulatory agency permits and applicable
City Codes and Ordinances. Any citations issued in violation of this permit would be
issued to the offending party and /or applicant as may be necessary by the City of Eagan
to insure compliance.
If you have any questions pertaining to conditions of this approved permit or the
appropriate City Ordinances, it is your responsibility to get those questions or concerns
clarified and resolved before beginning your operation or continuing any portion in
question.
In addition, it is your responsibility to give a two working day notice to the Engineering
Division to allow them to perform the following minimum inspections:
1) Completion of the installation of temporary erosion control measures (before
grading /excavation /filling begins).
2) Completion of the grading prior to placement of any topsoil and /or
permanent vegetation restoration.
3) Final completion of the operation necessary for the City to release the
performance bond.
4) Location of any existing sewer, water or other City utilities.
* IMPORTANT! It is your responsibility to call all potentially affected
utilities for locations before you dig.
Page Three
By proceeding with the excavation and grading work under n this
accepting all responsibility and liability for any damage or n'
ause you are
iJ hereby
and hereby agree to comply with these statements in this letter used by
mail within o days of receipt es of this permit. notify after or conditions of by c permit
and related ordinances, unless you so notify the C' to the y your actions
contrary in writing by certif1ed
Sinceret
Craig E. Knudsen
Department of Public Works
CEK /jj
07-28-93 12:40PM FROM CITY OF EAGAN
Oe
•
I
TO 93396591 P002 /010
crn OF ZAGIN
�r APPLICATI0N
G A I NCR/ TASI0N
(please type)
Amount Date Paid Receipt t
F« $ a ZS• ° d' ! t .i 1 93 a
.Ysorows 1) oe>o t 9/ 1/1,2
2)
Proposed Plat Name • Permit Yo.
Parcel I.D. (if applicable) 10 -01 -000- 010 -56.1. 10 -01- 000 - 010 -76 -1,
10 -01- 000 - 010 -77 -1
Applicants Property Owners
Contact Person Bob Welstead Name Robert & Grace O'Neil
Coopany Dial Comp s Address 2040 Edgcuithe Road
Address 11506 Nicholas Suite 2 City /State/Zip St. Paul. MN 55113
City /state /Zip Omaha, NE 68154 !: Phone No. (612) 698 -0375 _
Phone No. (402) 493 - 2800 ..
1. Is this permit being req{lested for grading, mining esoav;tion,
stockpiling, er exchange of L berial to help facilitate or in aatiagpativa
of any land development or building construction activity that aigb0 odour
on this site within two years 1 tram the fee date of this application/
Tea No ❑ •
2. Date excavation is to begin ihmediately Completion by 7/94 1
3. Date vegetation restoration la•to begin 5/94 Completion by
4. Legal description of area to L affected by srading/exoavation:
(Attach separate sheet if aeetssary.)
SEE ATTAQ-1ED EXHIBIT A�
4/94
a) Area of entire paroel ! . 122
b) Area of exaayatioa/fill oh1y 27 • Aa
5. The following information n!aet be submitted eith this applicabien for
processing and review: 'i i
• I
b'Qrading, drainage, erosion/sediment control plan (4 copies)
, / ?inanoial guarantee 1 ' ;
4 ertificate of iasuraaoe (must sane the City of Bagaa:as an
"additional insured pe! -ty)
An abstractors list of. property owners within 350' of the site
(("/ •
•
•
•
•
07-26 -93 12:40PM FROM CITY OF EAGAN TO 93396591
1
•
1 •
•
=D
6. J pp have the Applicants reopened ity of coking all app licsble
pertaining to their appliottion and of complying with all ' nee
requirements. • .. _.
T. The approved • permit and a 1 related •attachments (plans, °tas1traaoe
oertifioate, eta) must be kept m the work site and shown afiea r.gdested.
B. The City Rust be notified 72 ►• prior •t,o work ooameneing and TZ hours
prior to the project being aomplsted to allay proper inspections. ' .
9. Grading, ezoavat.on, and construction co this project shall moot eaUT noe
Until 'rectos eeatrols ere is plaoe as speoitied in the approved plus.
10. Applicant agrees to be responsible for any and all (haulms tol other
property or facilities' as a reault of work covered by this permit. ;�
11. 1 permit may be denied any allplioant, sad all permits inroad by the City
may be revoked whenever, ip•the opinion of the City Council or its
designated agent, the safety, sae, or maintenance of the propa'ty so
requires. i
The undersigned herein certify Litt they have read Section 1 1.30 of t1 a City
Code and accept the terms sad conditions of the regulations by the City of
Sagan relating to the Laguna() of this permit and agree to fully haply
thorelittk to sf o aa
ti - o t lasso City Cooil or its designated
agent i he eatt
- ' ' 4: Li.;:._ , <; _ ,
( . .( L 7 .2-1 '_ Applicant `, Date ' ' Property Owner D stet
1 lam::--- .�" - -1roA Cart oLS ! •
.
Approval is subjeot to the foil
/`'lost C C fit. ✓10 c,a 1 II re b u c._, r c ?-- e 1 7---- jgency Permits (Copies must be attached to this permit.)
PMT,P 4 L23 12
•eacditiooss JL
9 1St Department of Tranaportati.oa Oinaot)
❑ XS Pollution Control Agency )
❑ Dakota County •
T3 Utility oaepeaies as.
• Private/publio•
Approved by City. Council 7/ l 9
of Publto ilerke
H 0/5.3.
P003 /010
•I
J
data
wed
3i 9.3
irate *dm
EXHIBIT A
The E2/3 of the SE1 /4 of the SW1 /4 of Section 10, Township 27, Range
23, EXCEPT that part taken for Interstate Highway 35E; excepting
therefrom all that part of the aforedescribed parcel which is
described as follows: Commencing at a point on the west line of said
parcel which is 558.73 feet North of the SW corner of said E2/3 of the
SE1 /4 of the SW1 /4, thence East at right angle to said West line a
distance of 30 feet to the point of beginning of the tract being
described; thence continuing East and at right angle to said West line
a distance of 208.73 feet, thence South at a right angle to said last
described line a distance of 208.73 feet; thence West at right angles
to said last described line a distance of 208.73 feet; thence North at
right angles to said last described line a distance of 208.73 feet to
point of beginning. AND
The S1 /2 of the NW1 /4 of the SE1 /4 of Section 10, Township 27, Range
23. AND
The S1 /2 of the SE1 /4 of Section 10, Township 27, Range 23, EXCEPT the
North 373.72 feet of the East 264 feet thereof and EXCEPT also the
South 165 feet of the North 703.72 feet of the East 264 feet thereof.
(p
CERTIFICATE OF INSURANCE Issue Date
Producer
Willis Corroon Construction
Services Corporation of Illinois
One Oakbrook Terrace - Suite 700
Oakbrook Terrace, Illinois 60181
(708) 916 -6060
Mr. Rick Shamis
108/24/93
This certificate is issued as a matter of information only and
confers no rights upon the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the
policies below.
COMPANIES AFFORDING COVERAGE
Company
Letter A Planet Insurance Company
Company
Letter B
Insured
Johnson Bros. Corporation
P.O. Box 1002
Litchfield, MN 55355
Company
Letter C
Company
Letter D
Company
Letter E
COVERAGES
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy
period indicated, notwithstanding any requirement, term or condition of any contract of other document with respect to
which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to
all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
Co
Ltr
Type of Insurance
Policy Number
Effective
Date
Expiration
Date
All Limits in Thousands
A
eneral
X
Liability
ommercial General Liability
NGB 0102715
04/01/93
04/01/94
General Aggregate
$2,000
Products- Comp /Ops Aggregate
$2,000
�� l aims Made 1 X'Occur.
Personal & Advertising Injury
$1,000
-• ner's & Contractor's Prot.
Each Occurrence
$1,000
Fire Damage (Any one fire)
S50
Medical Expense (Any one person)
$0
A
utomobile
X
X
X
Liability
• ny Auto
• II Owned Autos
-cheduled Autos
ired Autos
on -Owned Autos
carage Liability
NKA 0102718
04/01/93
04/01/94
Combined
Single Umit
$1,000
Bodily Injury
(Per person)
Bodily Injury
SPer accident)
Property
Damage
xcess Liability
• her than Umbrella Form
Each
Occurrence
Aggregate
$
$
A
Worker's Compensation
And
Employers' Liability
NWA 0102717 (LA, TX, FL)
NWA 0102716 (All Other)
Qualified Self- Insurer In Mirvesota
04/01/9
04/01/94
Statutory
$500 (Each Accident)
$500 (Disease - Policy Umit)
$500 (Disease -Each Employee)
• her
Description of Operations /LocationsNehicles /Special items
Certificate holder is named as additional insured on the general Iiabilty policy with respect to operations performed by Johnson Bros.
Corporation on the Robert J. O'Neil property located in Section 10, Township 27 N, Range 23 W, in the county of Dakota, Minnesota.
CERTIFICATE HOLDER
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
CANCELLATION
Should any of the above described policies be cancelled before the
expiration date thereof, the issuing company will endeavor to mail 10 days
written notice to the certificate holder named to the left, but failure to mail
such notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives.
Authorized flepreaentaiive
of With
Corroon Construction Services Or., ,
Corporation of Illinois 4• •
SEABOARD SURETY COMPANY
RESTORATION BOND
KNOW ALL MEN BY THESE PRESENTS, that we JOHNSON BROS.
CORPORATION, LITCHFIELD, MN, as PRINCIPAL, and SEABOARD SURETY
COMPANY, Bedminster, New Jersey, as SURETY, are held and firmly
bound unto the CITY OF EAGAN, MN, AS OBLIGEE in the sum of
FIFTEEN THOUSAND AND N0 /100 ($15,000.00) DOLLARS, lawful money of
the United States to be paid unto the said CITY OF EAGAN, MN, its
successors or assigns, for which payment well and truly to be
made, we jointly and severally bind ourselves, and each of our
heirs, executors, administrators and assigns firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT WHEREAS, the said
Principal will be using the Robert J. O'Neil Property located in
Section 10, Township 27 N, Range 23W, in County of Dakota, MN,
(Parcels Nos. 10 -01- 000 - 010 -77 -1, 10 -01- 000 - 010 -76 -1 and 10 -01-
000- 010 -56 -1) as a fill -site, and THE CITY OF EAGAN, MN, has
requested the Principal to furnish a bond guaranteeing the
restoration of this site.
NOW, THEREFORE, if the Principal shall faithfully comply with all
ordinances, rules and regulations which have been or may
hereafter be in force concerning said permit, and which it may
sustain or for which it may become liable on account of the
issuance of said permit to the Principal, then this obligation
shall be void; otherwise to remain in full force and effect.
This bond shall be effective from August 24th, 1993 and remain in
full force and effect until August 24th, 1994.
PROVIDED, FURTHER, the Surety may at any time terminate its
liability by giving thirty (30) days written notice to the
Obligee, and the Surety shall not be liable for any defaults
after such thirty (30) days notice, except for defaults occurring
prior thereto.
Sealed with our seals and dated this 24th day of August, 1993.
JOHNSON BROS. CORPORATION
M.A. JO
BOND NO. 249468 -93
_Ada&
D SURETY COMPANY
, ATTORNEY IN FACT
Attached to and forming a part of Bond No. 249468 -93 issued to
Johnson Bros. Corporation, Litchfield, Minnesota.
- •g
• ,. ... _,• - e? •= -•
shall be deleted from this bond:
This bond shall become effective August 24, 1993, to remain in
full force and effect until August 24, 1993.
Provided, further, the Surety may at any time terminate its
liability by giving thirty (30) days written notice to the
Obligee, and the Surety shall not be liable for any defaults
after such thirty (30) days notice, except for defaults occurring
prior thereto.
The following paragraph shall be su.stituted:
The surety agrees that this bond shall be continuous, provided,
however, that if Surety shall so elect, it may cancel this bond
as to subsequent liability by giving thirty (30) days advance
notice of cancellation in writing by certified mail to the
Obligee.
This endorsement is effective as of the 24th day of August,1993.
Nothing herein contained shall be held to vary, alter, waive, or
extend any of the terms, conditions, agreements, or limitations
of the attached bond other than as above stated.
In witness whereof, Seaboard Surety Company has caused this
endorsement to be executed by its officers or agents duly
authorized thereunto, this 27th day of August, 1993.
SEABOARD SURETY COMPANY
BEDMINSTER, NEW JERSEY
ENDORSEMENT #1
SEAB•ARD SURETY COMPANY
BY:
M.A. Jones
Attorney-in Pact
Agenda Information Memo
August 2, 1994 City Council Meeting
VARIANCE /STEVEN AND MONICA SEME
A. Variance, Steven and Monica Seme of 6.5' from the minimum setback of 50' from
Johnny Cake Ridge Road, located on Lot 56, Block 2, Mallard Park 3rd Addition in the NE
1/4 of Section 9-- Steve and Monica Seme are requesting a 6.5' variance from the 50'
required setback from Johnny Cake Ridge Road right -of -way to construct a home at 4379
Nestling Circle. The staff report on this item is enclosed on pages 10 through In3
While this variance request may not meet the very strictest definition of bardship, there are
extenuating circumstances that could be cited to justify approving this variance. Other lots
along Johnny Cake Ridge Road have been granted variances to this 50' setback
requirement. The lot directly across from Nestling Circle was granted a 16' variance in
March of 1992.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 6.5' variance
from the required 50' setback from Johnny Cake Ridge Road for Lot 56, Block 2, Mallard
Park 3rd Addition.
L
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 25, 1994
APPLICANT: Steven & Monica Seme
PROPERTY OWNER: EHW Prop.
REQUEST: Variance
LOCATION: 4379 Nestling Circle
(Lot 56, Block 2, Mallard Park 3rd)
COMPREHENSIVE PLAN: D -II, Mixed Residential
ZONING: R -1, Single Family
CASE #: 9- V- 12 -7 -94
HEARING DATE: August 2, 1994
PREPARED BY: Gary Morrison
SUMMARY OF REQUEST:
Steven & Monica Seme are requesting a 6.5' variance from the 50' required setback from
Johnny Cake Ridge Road right of way for Lot 56, Block 2, Mallard Park 3rd, located in
the NE 1/4 of 29.
AUTHORITY FOR REVIEW:
City Code Section 11.40 Subd. 3.B.4. states that "In considering all requests for a
variance or any subsequent appeal, the City staff, the Advisory Planning Commission and
the Council shall make a finding of fact that the proposed action will not:
(a) Impair an adequate supply of light and air to adjacent property.
(b) Unreasonably increase the congestion in the public street.
(c) Increase the danger of fire or endanger the public safety.
(d) Unreasonably diminish or impair established property value within the
neighborhood.
(e) Disrupt the traditional practices or social cohesiveness of the community.
(f) Or in any other way be contrary to the intent of this Chapter or other
applicable City Code provisions.
BACKGROUND /HISTORY:
Mallard Park 3rd Addition was platted in 1980 showing a total right -of -way width of 100
feet for Johnny Cake Ridge Road. Under the current City Code, Section 11.10 Subd. 6C,
the minimum setback from a street with a 100 foot right -of -way is 50 feet. However, this
section of the code was adopted on January 1, 1983. Prior to this Code revision, the
required setback from Johnny Cake Ridge Road was 30 feet, therefore, the site (Lot 56,
Block 2) was not platted with the consideration of the 50' setback. The lot directly across
Nestling Circle (Lot 50, Block 2) was granted a 16' variance off of Johnny Cake Ridge
Road on March 17, 1992.
1��
Planning Report - Seme Variance
July 21, 1994
Page 2
EVALUATION OF REQUEST:
The applicant is requesting the construction of a single family home on Lot 56, Block 2
which is located south of Nestling Circle, west of Johnny Cake Ridge Road, and north of
a 66' gas line easement.
The proposed home cannot be built on the lot without the granting of a variance. Mr.
Seme suggests that the home is not excessively large for the lot, but rather the 50'
setback makes the lot too narrow for a home that will meet the protective covenants of
the subdivision.
The covenant Mr. Seme refers to is designed to both insure continuity throughout the
development and to enhance the value of the development. It requires that the ground
floor area of the main structure have at least 1200 square feet of usable living area. The
proposed home has 1234 square feet.
The protective covenant, however, is a private agreement between property owners. It
is not a City Code requirement, nor is it enforceable by the City.
SUMMARY /CONCLUSION:
1. Mallard Park 3rd Addition was platted in 1980 with a 100 foot right -of -way for
Johnny Cake Ridge Road. Under the City Code in effect at that time, the setback
requirement from Johnny Cake Ridge Road was 30 feet. The current Code,
adopted on January 1, 1983 requires a 50 foot setback from Johnny Cake Ridge
Road right -of -way.
2. The proposed home cannot be built on the lot and meet the required setback from
Johnny Cake Ridge Road.
3. A smaller home could potentially be built on the lot which would meet all required
setbacks. However, according to the applicant, a protective covenant on the lot
requires the proposed house size.
ACTION TO BE CONSIDERED:
To approve or deny the 6.5' variance from the required 50' setback from Johnny Cake
Ridge Road for Lot 56, Block 2 Mallard Park 3rd Addition.
If the variance is approved, the following conditions shall apply:
1. No other variances shall be granted for this lot.
2. All other applicable City Codes.
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Agenda Information Memo
August 2, 1994 City Council Meeting
CONDITIONAL USE PERMIT /STEINER DEVELOPMENT INC.
B. Conditional Use Permit, Steiner Development Inc., to allow a freight terminal in a LI
(Light Industrial) district located on Lots 33 and 34, Block 2, Eagandale Center Industrial
Park in the NE 1/4 of Section 3 on the south side of Trapp Road -- Steiner Development Inc.,
has requested a conditional use permit to operate a freight terminal in a light industrial
district located on Lots 33 and 34, Block 2, Eagandale Center Industrial Park in the NE 1/4
of Section 3 on the south side of Trapp Road. The Advisory Planning Commission
conducted a public hearing on thii,item at its weting of July 26, 1994. A staff report on
this item is enclosed on pages jos through /a, along with the minutes from the Planning
Commission. The Planning Commission recommends approval of this item subject to the
six conditions set forth in its minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use
permit to operate a freight terminal in a light industrial district located on Lots 33 and 34,
Block 2, Eagandale Center Industrial Park.
Lot Combination
Landscaping
CONDITIONAL USE PERMIT
ITEINER DEVELOPMENT, INC.
Vice Chair Miller opened the first public hearing of the evening
regarding a Conditional Use Permit to allow a freight terminal in a
Li (Light Industrial) district located on Lots 33 and 34, Block 2,
Eagandale Center Industrial Park in the NB; of Section 3 on the south
side of Trapp Road.
Project Planner Ridley introduced this item. Mr,. Ridley
highlighted the information presented in the City staff's planning
report dated July 19, 1994, noting the background and history and the
existing conditions of the subject property, the surrounding uses and
the oompatibility therewith, the site plan, and the storm drainage,
water quality and utility issues. Mr. Ridley concluded that the
property is stoned and guided for industrial development and the
proposed freight terminal is a conditional use in the industrial
zone.
A representative of eteiner Development, was present and
available for any questions. The representative stated he had no
further suggestions or objections to the proposed conditions on the
Conditional Use Permit.
No persons from the public were present for comment.
Member Segal inquired as to the actual location of the property
to which City staff referred to the subject property as indicated on
the maps included in the Planning Report. Member Heyl inquired with
City staff as to any potential adverse effects of the proposed use.
Ms. Heyl referred to a letter from Alvan L. Schrader, dated 7118/94.
Mr. Schrader objected to the proposed use on behalf of his property
tenant, Applied Power Corporation. Neither Mr. Schrader nor a
representative of Applied Power Corporation was present at the
hearing. City staff advised that a freight terminal on the subject
property should have no adverse effects to the area. Member Wallace
commented that he believed the area has an industrial character and
thus the proposed use would fit well in the area. Member Miller noted
that the City's study of freight traffic within the City is still
pending.
Segal moved, Heyl seconded, the motion to approve a Conditional
Use Permit to allow a freight terminal in a Li (Light Industrial)
district located on Lots 33 and 34, Block 2, Eagandale Center
Industrial Park in the NE; of Section 3 on the south side of Trapp
Road subject to the following conditions:
1. The developer shall combine the two lots at the Dakota
County Auditor's office within 60 days of City Council
approval.
2. The Landscape Plan shall be revised to increase the variety
of the plantings along the berm and an underground
irrigation system shall be provided to serve all landscaped
and green areas.
PAGE 3 /ADVISORY PLANNING COMMISSION MINUTES
JULY 26, 1994
Grading
3. The development will be required to submit a detailed
grading, drainage and erosion control plan for City review
and approval with the building permit submittal.
Utilities
4. The development will be required to construct a storm sewer
system that will collect the runoff from this site and convey the
storm water to the existing storm sewer system on Trapp Road
5. The sanitary surer service shall include a manhole at the
right -of -way line of Trapp Road.
6. The driveway connections to Trapp Road shall be constructed
with concrete aprons with a minimum width of 30 feet.
All present voted in favor.
LD(4›
REPORT DATE: July 19, 1994 CASE #: 3- CU- 10 -7 -94
APPLICANT: Steiner Development, Inc. HEARING DATE: July 26, 1994
PROPERTY OWNER: Phoenix International PREPARED BY: Mike Ridley
REQUEST: Conditional Use Permit
LOCATION: NE 1/4 Section 3
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Light Industrial (LI)
SUMMARY OF REQUEST
PLANNING REPORT
CITY OF EAGAN
On behalf of Gary Koch, owner of Air Plus, Ltd., Steiner Development is requesting a
Conditional Use Permit (CUP) to allow a freight terminal on property currently platted as
Lots 33 and 34, Block 2, Eagandale Center Industrial Park #1 located west of Eagandale
Boulevard, north of Eagan Industrial Road at 1230 Trapp Road.
AUTHORITY FOR REVIEW
City Code Section 11.40, Subd. 4, states that "The Planning Commission shall recommend
a conditional use permit and the Council shall issue such conditional use permits only if it
finds that such use at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare
of the neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair
property values within the neighborhood.
D. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
systems and schools.
Planning Report - Air Plus, Ltd.
July 26, 1994
Page 2
E. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare
or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
BACKGROUND/HISTORY
Eagandale Center Industrial Park #1 was platted in 1967. There have been no development
applications for either of these two parcels.
Air Plus Ltd. has been in business for 4 years with corporate headquarters currently located
just west of the airport. The company also has operations in Chicago, Washington, D.C.,
and Toronto. This proposal will relocate corporate headquarters and operations to Eagan.
Locally, the company has 24 fulltime employees.
EXI STING CONDITIONS
The Zoning Code lists "Truck and Freight terminal" as a conditional use in the Limited
Industrial District. The site and all surrounding property is zoned and guided Industrial
This two acre parcel contains a slight grade change that rises from north to south and no
significant woodlands.
COMPATIBILITY WITH SURROUNDING AREA
The property is zoned & guided for industrial development and freight terminal is allowed
as a CUP provided this use, at this location, is consistent with the criteria for approval listed
previously. The proposed site is located in an industrial area where trucking and freight
activity is commonly associated with the types of uses present within this zoning district.
SURROUNDING USES
The following uses, zoning and comprehensive plan designations surround the subject
property:
Planning Report - Air Plus, Ltd.
July 26, 1994
Page 3
North - Undeveloped; zoned and guided Industrial
South - Lexington Standard Corporation; zoned and guided Industrial
East - Bird & Cronin; zoned and guided Industrial
West - Applied Power Products; zoned and guided Industrial
EVALUATION OF REQUEST
Site Plan - The Site Plan calls for a 23,400 s.f. building that includes:
Level 1 - 20,400 s.f. (3,000 office, 17,400 warehouse)
Level 2 - 3,000 s.f. mezzanine (office)
The building also has 10 loading docks on the rear or south side. The applicant has
provided elevation drawings that show a brick exterior for the office portion of the building
and a coarse finish block with brick accents around the rest of the building.
- The combination of these two lots will create a 2 acre development parcel that exceeds
minimum Industrial zoning district lot size and width requirements.
Setbacks - The proposed building and parking /drive aisle areas meet I -1 setback
requirements.
Parking - The City requires 32 stalls for 6,000 s.f. of office space and 29 stalls for 17,400 s.f.
of warehouse space. The Site Plan provides 51 spaces; however, the applicant has shown
delineated an additional 21 stalls shown as "proof of parking ". The applicant is proposing
proof of parking because thier parking needs are less than the 51 provided on the Site Plan.
Landscape Plan - With minor modifications, the plan submitted is acceptable. The plan
proposes a 4' berm along Trapp Road that will screen the parking; however, the plantings
on the berm should provide more variety of plant types to provide year round color. The
developer should also provide an underground irrigation system to serve all landscaped and
green areas.
Tree Preservation Policy - There are no significant trees on site.
Parks and Recreation - The City's policy has been to collect park and trail dedication on
commercial /industrial land at the time of building; therefore, the developer should be
required to pay park and trail dedication when the building permit is issued.
Grading/Wetlands - The City did not receive a grading plan with the Conditional Use
Permit submittal. The development of this site should not require an extensive amount of
grading. The site is a flat, grassy field that gently slopes to Trapp Road.
1 c c-'■
Planning Report - Air Plus, Ltd.
July 26, 1994
Page 4
The development will be required to submit a detailed grading, drainage and erosion control
plan with the building permit submittal. The grading plan should include berming in the
20 -foot setback area along Trapp Road to help screen the parking lot. Erosion control
measures will be required to protect erosion from occurring onto Trapp Road or into the
existing storm sewer on Trapp Road.
There are no wetlands on this site subject to regulation under the Wetlands Conservation
Act.
Storm Drainage /Water Ouality - The storm sewer system that serves this area drains to
Pond HP -1 which is located in the Fort Snelling State Park west of State TH 13. Pond HP -1
is designated as a stormwater basin in the City's Water Quality Management Plan.
The two -acre site will generate enough storm water runoff to require an internal storm
sewer system. The storm sewer system needs to collect the runoff from this site and convey
it to the existing storm sewer line in Trapp Road. City records show that the existing storm
sewer line in Trapp Road is located 60 feet east of the site.
Utilities - A 6" sanitary sewer service stub has been provided to this site from the existing
9" sanitary sewer line in Trapp Road. The development will be required to construct a
manhole over the 6" sewer stub at the right -of -way line of Trapp Road. The manhole will
serve as an inspection and monitoring manhole for the City.
An existing 8" CIP watermain is located along the south right -of -way line of Trapp Road.
The water main layout for the proposed building shall include a 6" line from the existing 8"
watermain in Trapp Road to the building.
Access - The preliminary site plan submitted with this application shows that two 30 -foot
wide driveway openings are proposed to connect to Trapp Road. The driveway openings
will be constructed with concrete aprons as per Eagan Detail Plate #440. The proposed
parking lot will be required to be constructed with concrete curb and gutter around the
edges and surfaced with bituminous or concrete pavement in accordance with City Code
requirements.
Easements /Right -of- Way /Permits - Staff is recommending that the applicant process a Lot
Combination Agreement through Dakota County prior to receiving their building permit to
prevent tax forfeiture of either of the two lots. The applicant was made aware of this
requirement and has no objection.
Planning Report - Air Plus, Ltd.
July 26, 1994
Page 5
SUMMARY /CONCLUSION
The property is zoned and guided for industrial development. The proposed freight
terminal is a conditional use in the industrial zone. City services are available to serve the
site and dual access to accommodate truck traffic will be provided to Trapp Road. The
developer is proposing a site layout that directs all truck traffic and loading dock operations
to the rear of the building. The proposed use should work well on this site and fit in with
the area.
ACTION TO BE CONSIDERED
To approve /deny a Conditional Use Permit to allow a freight terminal on Lots 33 & 34,
Block 2, Eagandale Center Industrial Park #1.
If approved, the following conditions should be placed on the permit:
1. The developer shall combine the two lots at the Dakota County Auditor's office
within 60 days of City Council approval.
2. The Landscape Plan shall be revised to increase the variety of the plantings along the
berm and an underground irrigation system shall be provided to serve all landscaped
and green areas.
3. The development will be required to submit a detailed grading, drainage and erosion
control plan for City review and approval with the building permit submittal.
4. The development will be required to construct a storm sewer system that will collect
the runoff from this site and convey the storm water to the existing stone sewer
system on Trapp Road.
5. The sanitary sewer service shall include a manhole at the right -of -way line of Trapp
Road.
6. The driveway connections to Trapp Road shall be constructed with concrete aprons
with a minimum width of 30 feet.
�l�
FINANCIAL OBLIGATION - 3- CU- 10 -7 -94 Lots 33 and 34, Block 2, Eagandale Center
Industrial Park
There are pay -off balances of special assessments totaling $140.78 on the parcel for which the
conditional use permit is requested.
Based upon the study of the financial obligations collected in the past and the use of the
property, the following charge is proposed. The charge was computed using the City's current
fee schedule and connection and availability of the City's utility system.
Improvement
None
Use Rate Quantity Amount
This financial obligation is presented for informational purposes and is not a condition of the
issuance of the permit.
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Agenda Information Memo
August 2, 1994 City Council Meeting
PRELIMINARY PLAT EXTENSION /JAMES CURRY
C. Preliminary Plat Extension, James Curry - request for a one year preliminary plat
extension for Majestic Oaks Addition, located in the SE 1/4 of Section 25-- James Curry is
requesting a one year extension of a preliminary plat approval for the Majestic Oaks
Addition located in the SE 1/4 of Section 25. After this preliminary plat was approved last
year, Parks and Recreation staff discussed two additional conditions with the developer.
These included provision of a 30' buffer easement along LP 47 pond and provision of a tree
preservation plan for approval by staff. The tree preservation policy was just being adopted
at the time Majestic Oaks was initially considered and, therefore, was not formally required
at that time. It would be appropriate to add these two conditions as formal conditions of
preliminary plat approval now that the developer is requesting an extension of this
approval. One reason that approvals are given for a specified period of time is that
situations may change and, if the project is not developed right away, it may be necessary
to consider additional or revised conditions. Therefore, staff would recommend that two
additional conditions be added: 1) Provision of a 30' buffer easement along the LP 47 pond,
and 2) provision of a tree preservation plan for approval by staff.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny preliminary plat
extension for James Curry for one year for the Majestic Oaks Addition located in the SE
1/4 of Section 25, subject to the two additional conditions regarding the buffer strip and a
tree preservation plan.
1 161
Agenda Information Memo
August 2, 1994 City Council Meeting
PRELIMINARY PLAT /FIALA ADDITION
D. Preliminary Plat, Fiala Addition, consisting of 2 lots on 3.6 acres of portions of
previously platted Lots 5, 6, and 7, Skovdale Addition located on the northeast intersection
of Pilot Knob Road and Deerwood Drive in the NW 1/4 of Section 22-- Tom Fiala is
requesting approval of a two lot preliminary plat incorporating portions of two previously
platted parcels that are presently zoned R -1, located at the NE corner of Deerwood Drive
and Pilot Knob Road. The staff report on this item is enclosed on pages f!( through /3
along with the minutes of the Planning Commission.
The Advisory Planning Commission conducted a public hearing on this item at its meeting
of July 26, 1994. The Advisory Planning Commission recommended approval of the
conditions of the preliminary plat subject to the four conditions set forth in its minutes.
In a separate but related matter, Mr. Fiala has raised concerns about the trunk area
assessments proposed to be levied on the property as a result of this platting. The Finance
Departm t has prepar d a memorandum addressing this concern which is enclosed on
pages
t
O through , WWe anticipate that Mr. Fiala will raise the issue of assessments
at the ity Council meeting on August 2.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat
for Tom Fiala of two lots located at the intersection of Pilot Knob Road and Deerwood
Drive in the NW 1/4 of Section 22, subject to the four conditions set forth in the minutes
of the Advisory Planning Commission.
1 01-°
PAGE 10 /ADVISORY PLANNING COMMISSION MINUTES
JULY 26, 1994
TIALA ADDITION
PRELININARY PLAT
Vice Chair Killer opened the next public hearing of the evening
regarding a Preliminary Plat consisting of 2 lots on 3.6 acres of
portions of previously platted Lots 5, 6, and 7, Skovdale !addition
located on the north oast intersection of Pilot Knob Road and
Deerwood Drive in the NW; of Section 22.
Project Planner Mike Ridley introduced this item. Mr. Ridley
briefly highlighted that information presented in the City staff's
planning report dated July 19, 1994, noting the background and
history of the subject property, the surrounding uses, the
consistency with the Comprehensive Land Use Guide Plan, the density,
size and setbacks of the proposed lots and the storm drainage,, water
quality and utility plans. Mr. Ridley further advised that the
subject property, particularly the eastern half, is heavily wooded
with hundreds of larger daoiduoue trees and the proposed house
location will be located in a fairly open spot within this wooded
area The construction of the proposed drive and house would result
in loss of a very small percentage of the existing tree resource,
about 15 significant trees. Mr. Ridley concluded that the proposed
development plan meets the tree preservation guidelines for the
initial phase of development and that the proposal is compatible with
the surrounding area and consistent with the existing zoning and
comprehensive land use designations.
The applicant, To Fiala, vas present and agreed with the
presentation made by lMr. Ridley. Cory Nyman, a neighboring resident
located at 1355 Doerwood Drive expressed concerns regarding the
existing pipeline and whether utilities would require any additional
easements. The applicant explained that the properties would not
interfere with the pipeline and that there were existing easements
for the utilities. Another neighboring resident located at 1392
Michelle Drive had questions concerning store eater drainage.
Assistant City Engineer Mike Poertsch explained that there was
' sufficient storm drainage and that this vas also a condition that is
tied to the issuance of the building permit.
Thera were no further comments from the public and the public
bearing was. closed. Members Meyl, Wallace and Segal confirmed that
the storm drainage vas tied to the issuance of the building permit
and stated that this was a condition that is already addressed.
Neither. Hayl moved, Wallace seconded, a motion to approve a
Preliminary Plat consisting of 2 lots on 3.6 acres of portions of
previously platted Lots 5, 6, and 7, Skovdale Addition located on the
north east intersection of Pilot Knob Road and Deerwood Drive in the
NW; of Section 22, subject to the following conditions:
PAGE 11 /ADVISORY PLANNYNG COMMISSION MINUTES
JULY 26, 1994
Standard Conditions
1. The developer shall comply wit these standard conditions of
plat approval as adopted by Council action on February 2,
1993:
Al, Bl, 83, Cl, C2, El, Fl, G1 and Bl.
parks. Recreation. and Natural Resources
2. The developer shall pay a cash dedication to satisfy park,
trails and water quality requirements.
3. The developer shall prepare a Tree Preservation Plan to be
submitted with the building permit application.
Grading /Drainage
4. The developer shall install a culvert under the proposed
driveway of sufficient size and capacity to handle runoff in
the existing Swale over the Williams Pipeline Company
easement.
All present voted in favor.
SUMMARY OF REOUEST
AUTHORITY FOR REVIEW
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: July 19, 1994
APPLICANT: Tom Fiala
PROPERTY OWNER Tom Fiala /Alyce Bolke
REQUEST: Preliminary Plat (Fiala Addition)
LOCATION: NW 1/4 of Section 22
COMPREHENSIVE PLAN: Single Family, 0-3 units /acre (D -I)
ZONING: Single Family (R -1)
CASE #: 22- PP- 25 -6 -94
HEARING DATE: July 26, 1994
PREPARED BY: Mike Ridley
Mr. Tom Fiala is requesting a two lot Preliminary Plat that incorporates portions of two
previously platted parcels that are presently zoned R -1. The property involved is currently
platted as Lots 5 and 7, Skovdale. The property is located at the northeast corner of
Deerwood Drive and Pilot Knob Road.
City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of platting, the Planning
Commission and the Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention are such that the site is suitable for the type of development
or use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements is not likely to
cause environmental damage.
(�3
Planning Report - Fiala Addition
July 26, 1994
Page 2
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with
easements of record or with easements established by judgement of court.
H. That completion of the proposed development of the subdivision can be completed
in a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
J. That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water
Quality Management Plan ". Said document and all of the notations, references and
other information contained therein shall have the same force and effect as if fully
set down herein and is hereby made a part of this Chapter by reference and
incorporated herein as fully as if set forth herein at Iength. It shall be the
responsibility of the City Clerk to maintain the Water Quality Management Plan and
make the same available to the public.
BACKGROUND /HISTORY
The seven lot Skovdale subdivision was platted in 1948. Lot 7 has never developed, in 1977,
Lot 6 was split into three parcels, two have homes and the third (the north half of Lot 6)
was combined with Lot 7, and Lot 5 contains a home.
EXISTING CONDITIONS
The property has areas that are heavily wooded and there is one house currently located on
the 3.6 acres. The site grade rises from southwest to northeast.
Planning Report - Fiala Addition
July 26, 1994
Page 3
COMPATIBILITY WITH SURROUNDING AREA
The proposed plat is consistent with the existing zoning and the Comprehensive Guide Plan
designation of the subject property as well as the area in general which results in the
proposal being compatible with the surrounding uses.
SURROUNDING USES
The following uses, zoning and comprehensive plan designations surround the subject
property:
North - Hidden Valley (26 lots); zoned R -1; designated D -I, SF Residential
South - St. John Neumann church; zoned PF, Public Facility; designated PF
East - Skovdale Addition; zoned R -1, designated D -I SF Residential
West - Sherwood Downs Addition (62 lots); zoned R -1; designated D -I, SF Residential
EVALUATION OF REQUEST
Preliminary Plat
Density - As proposed the plat will have a density of 1.8 units per acre which is consistent
with the existing R -1 zoning and D -I Plan designation.
Lots - Both lots exceed the 12,000 s.f. R -1 minimum lot size requirement. The proposed
Lots 1 & 2 have areas of 2.46 and .92 acres respectively.
Setbacks - Proposed Lot 2 contains an existing home that meets setback requirements and
the 2.46 acre Lot 1 will accommodate all R -1 district setbacks.
Tree Preservation Policy - New development associated with this plat involves only the 2.5
acre lot. A house will be built (spring 1995) in the eastern area of the lot, with the driveway
entering from Deerwood Drive running north across a Williams Brothers Pipeline easement,
then east to the proposed pad area. The western half of the property is mostly open with
a few small woodlands of non - significant trees. The eastern half is heavily wooded with
hundreds of larger deciduous trees (oaks, ash, birch) and some middle aged conifers (pines).
The proposed house location will be located in a fairly open spot within this wooded area.
The construction of the proposed drive and house will result in the loss of a very small
percentage of the existing tree resource, about 15 significant trees. The developer will be
transplanting several of the pine trees to other areas of this property in an attempt to
preserve the existing tree resource on site. A Tree Preservation Plan will be required at the
time of building permit application.
Planning Report - Fiala Addition
July 26, 1994
Page 4
Parks and Recreation
At their July 18, 1994 meeting the Advisory Parks, Recreation, and Natural Resource
Commission recommended a cash parks, trail, and water quality dedication for the
developable parcel (Lot 1).
Grading/WetIands - The preliminary grading plan submitted with this application shows that
only the areas associated with the proposed house, garage, and driveway construction will
be disturbed. However, the developer may have to grade a portion of the Pilot Knob Road
(Dakota County 31) ditch abutting the site in order to achieve proper drainage to the north
along Pilot Knob Road.
Erosion control measures will be required with the building permit to protect erosion from
occurring onto the adjacent property or into the existing 15" storm sewer system located in
the northwest corner of the site.
A field review of the site by City water resources staff indicate that there are no wetlands
within the proposed development.
Storm Drainage /Water Ouality - The developer does not propose any storm sewer or water
quality improvements within this development. However, City staff recommends the
developer construct a culvert to convey runoff under the proposed driveway in the existing
swale over the Williams Pipeline easement area. Storm water runoff from this development
drains to Pond JP -6, which is a pond on the City's Storm Water Management Plan.
Because of the small size of the proposed development, staff recommends a cash dedication
to satisfy water quality requirements. Lot 2 contains an existing residence, so the cash
dedication will be based only on the area and prospective runoff characteristics of Lot 1.
Sanitary Sewer - An 8" sanitary sewer of sufficient size, depth, and capacity was stubbed to
this site from Michelle Drive along the north edge of the site. A 4" sanitary sewer service
will be extended from this 8" line to the proposed house in accordance with City standards.
The existing house on the preliminary plat is currently being served by City sanitary sewer
service.
Water Main - Two 11/2" water services were stubbed to this site from Michelle Drive along
the north edge of this site. The developer is proposing connecting to one of these water
services and extending to the proposed house. The other water service is to remain in place
to serve another possible future house on the site. The existing house on Lot 2 is currently
being served by City water service.
Planning Report - Fiala Addition
July 26, 1994
Page 5
The proposed house on Lot 1 will have a 400 -foot long water service. The extension of the
water service up to the new house should continue as a 11/2" water service and this will
provide approximately 50 psi of pressure at the house.
Fire protection to the new house on Lot 1 will be provided from a hydrant on Deerwood
Drive located in the southwest corner of Lot 2.
Access /Street Design - The developer is proposing driveway access onto Deerwood Drive
near Pilot Knob Road (Dakota County Road 31). City staff is comfortable with the close
proximity of the access to Pilot Knob Road due to the low traffic on Deerwood Drive. The
concrete curb has been dropped previously on Deerwood Drive to provide this driveway
access.
aasements/Right -of- Way /Permits - The developer will be responsible for obtaining the
required permits from Williams Pipeline Company to fill over and grade the pipeline
easement area.
The developer will also be responsible for obtaining the required permits from Dakota
County if grading in the ditch along Pilot Knob Road (Dakota County Road 31) is
necessary.
SUMMARY /CONCLUSION
This proposal is compatible with the surrounding area and consistent with the existing
zoning and comprehensive land use designation. City services are available via stubs
provided from existing lines located to the north in Michelle Drive. The proposed
development plan meets Tree Preservation Guidelines for the initial phase of development;
however, a separate plan should be prepared and submitted with the building permit
application. Access to the site is available from an existing curb cut to Deerwood Drive.
The proposed driveway, garage, and house locations are sensitive to the existing site features
and will provide a home that is well screened from both Pilot Knob Road and Deerwood
Drive.
ACTION TO BE CONSIDERED
To approve /deny a Preliminary Plat for Fiala Addition, consisting of two lots on 3.6 acres.
If approved, this preliminary plat is subject to the following conditions:
Planning Report - Fiala Addition
July 26, 1994
Page 6
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as
adopted by Council action on February 2, 1993:
Al, B1, B3, Cl, C2, El, F1, G1, and H1.
Parks. Recreation. and Natural Resources
2. The developer shall pay a cash dedication to satisfy park, trails and water quality
requirements.
3. The developer shall prepare a Tree Preservation Plan to be submitted with the
building permit application.
Grading /Drainage
4. The developer shall install a culvert under the proposed driveway of sufficient
size and capacity to handle runoff in the existing swale over the Williams
Pipeline Company easement.
A. Financial Obligations
1. • This development shall accept its additional financial obligations as defined
in the staff's report in accordance with the final plat dimensions and the
rates in effect at the time of final plat approval.
B. Easements and Rights -ot -Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -of -way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right -of -way and temporary slope
easements for ultimate development of adjacent roadways as required by
the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
STANDARD CONDITIONS OF PLAT APPROVAL
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead -end public streets shall have a
cul -de -sac constructed in accordance with City engineering standards.
/�F
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits
F. Parks and Trails Dedication
H. Other
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25. 1987
LTS #5
STANDARD.CON
City Council
September 15. 1987
Revised: duly 10. 1990
Revised: February 2. 1993
FINANCIAL OBLIGATION - Fiala Addition
There are pay -off balances of special assessments totaling $0 on the parcels proposed for
platting. The pay -off balance will be allocated to the lots created by the plat.
At the time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to cbange based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed
for the property, the following charges are proposed. The charges are computed using the
City's existing fee schedule and connections proposed to be made to the City's utility system
based on the submitted plans.
Improvement Use Rate Quantity Amount
Storm Sewer Trunk S.F. $.074 sq ft 147,631 sq ft $10,925
Lateral Benefit Water S.F. 16.50 /ff 65.05 ff 1,073
Lateral Benefit Sanitary S.F. 18.60 /ff 65.05 ff 1.210
Sanitary Sewer
TOTAL 113,208
(3�
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P3ALA ADDITION
Ten Fiala
1100 Saar Pett Trail (lot 7 6 Si lot 6)
Mega., MP 55122
Tel. 644-0640
Alyea Sol+.
1365 0earrood Drive (Lot s)
Sages. NO 55123
Vol. 454 -1156
3
Description: Lot S, ■i of lot 6, and Lot 7, QOYDM,E
Asses; Grose Area - 156,165 square feet • 3.58 acres
lot 1 • 107,334 square feat w 2.46 acres
Lot 2 • 40,293 square feet - 0.12 acres
Sand . 0,334 square feet - 0.20 acres
4
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DRIVE .,
IN
0-1 Slagle really
1. Tier. is as .posting lane sad purses on
proposed Lot 2 (folks Assidoncs).
2. Proposed Lot 1 will be carved by city utilities
is play sear the oosson lot corner of lots
1 cad 2, SIDOSL VALLEY.
3. So site grading to be dope until building
permit La applied for os Proposed Lot 1.
4. Propoead Lot 2 is 000aected to city utilities.
S. Proposed Lot 1 is about 6SS * .
Proposed Lot 2 has large trees.
6 t ... oa property to bast of ay
Seale: 1 inch r 100 feet
Q . ProEwad elevation
Programed direction of
drainage
Ones
_Development Plan:
Wilting 15" MCP
Storm Serer, inlet
elev. 8721 drains
this property and
highway ditch.
See Record flan so.
20I30, Sheet 3 of 1
I Inoteen CANT Mr MN Wm.? . MS. a , 04..0 w•+
► •e• ro b• e. •'.( wd« '.. er..e: • .I• en •n4
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14111 /OUTN ROSMT T1{Atl RO/EIe01J 4T. MIMRIOTA //n /1L411
SumVE?OR'S CERt.FICATE
PRELIMINARY PLAT: F /ALA ADD /T /ON
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h site plan for proposed l 1 will be submitted at the time of ea
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Utility Plan
Existing I• sanitary sewer
ending at • manhole at the
north property line of pro
Lot 1.
2 Existing ti rater services
stubbed to the north propert
line of proposed Lot 1.
Oaf: city Project So. 07 - 110,
Sheet 2 of S
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FIGURE No. 17
STORM SEWER LAYOUT
MAP
SITE
JP-II
815.7
830.0
TRICK
EAGAN
0(
PONDS.° AREAS
$ TOW SEIVEN$ ("*I.)
UT om SEWERS CprocoNNO
STORM I.SIT STATION (ealatIng) •
▪ LIFT STATION SNNADANS 0
STORM MACE MAIN .110 41 ••••••
MAJOR WIMP
POND NORMAL WATER LEVEL . 900 0
EAGAN ( POND WON NAME LEVEL
OVERLAND OSMIUM ROUTE P000
Seale: 1 inch 100 feet
PRELIMINARY PLAT:
o 0
Restrict
Access '
Pilot F-
Knob O j
Road d
DELMAR H. SCHWANZ
DM! 111.+,.01 .•f
••w .•.w ••• ••• ., .• •••• •, ..•.*•••
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Sheet 1 of 3
FINANCIAL OBLIGATION
LEGEND
Lateral Benefit Sanitary Sewer
` Lateral Benefit Water
4
Storm Sewer Trunk
a •.
. o n
r\ N O '-f
! ,-81 `s3 is "Id o
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i /98.00 L.
DRIVE
MEMO
city of eagan
TO: COMMUNITY DEVELOPMENT DIRECTOR REICHERT
FROM: FINANCIAL CONSULTANT WOBSCHALL
DATE: JULY 29, 1994
SUBJECT: FIALA PRELIMINARY PLAT
The following financial obligation was proposed as a condition of the Fiala Plat.
Improvement Use Rate Quantity Amount
Storm Water Trunk S.F. $.074 /sq ft 147,631 sq ft $10,925
Lateral Benefit Water S.F. $16.50/ff 65.05 ff 1,073
Lateral Benefit Sanitary S.F. $18.60/ff 65.05 ff 1.210
Sewer
Total $13208
The following amended financial obligation is submitted because credit was not given for
the previously assessed area of storm sewer trunk.
Improvement Use Rate Quantity Arna.nt
Storm Sewer Trunk S.F. $.074 sq ft 81,631 sq ft $6,041
Lateral Benefit Water S.F. 16.50/ff 65.05 ff 1,073
Lateral Benefit Sanitary S.F. 18.60/ff 65.05 ff 1.210
Sewer
TOTAL $8,324
Mr. Fiala was notified by phone of the reduced obligation on July 27, 1994. He was still
dissatisfied and stated he would present his case at a Council meeting.
( L (D
Discussion
See attached graphic for location of the lots. Lot 7 and the north half of Lot 6 and Lot 5
of the Skovdale Addition were assessed storm sewer trunk using the large lot assessment
policy, i.e. 16,500 square feet of each parcel was assessed for each acre of parcel area.
A further provision of that policy was that when the property was developed or split, the
remainder of parcel area was to be charged for storm sewer trunk.
Mr. Fiala was not the owner of the north half of Lot 6 and Lot 7 at the time of the trunk
storm sewer assessment. According to members of the Community Development
Department, this parcel could be built upon without further platting. The City would not
have asked for a connection /availability charge for storm sewer trunk for the issuance of
the building permit, but would ask for a connection /availability fee for the lateral benefit
for water and sanitary sewer.
Ms. Bolke was the owner of Lot 5, Skovdale, at the time of the trunk storm sewer
assessment. The City does have record of a phone inquiry as to what the charges would
be to develop on the north half of Lot 5. The response was, a storm sewer connection
charge of $3,521 (47,586 square feet @ $.074 /square foot). $740 /lot for sanitary sewer
trunk and $775 /lot for water trunk were also quoted, because that new lot would not have
paid for those trunk utilities. Because the north half of Lot 6 and Lot 7 had paid a per lot
sanitary sewer trunk and water trunk charge, these items were not included in this
financial obligation.
During discussions with Ms. Bolke, she stated that she had a clause in her sale contract
that she would not be responsible for charges imposed by the City for development of
the north half of Lot 5.
Because no charge would have been due on storm sewer trunk for the north half of Lot
6 and Lot 7 to get a building permit, but a charge would be collected for the north half
of Lot 5, staff recommends the financial obligation for storm sewer trunk be reduced from
$6,041 to $3,521 along with other financial obligations (listed in the staff report) be made
a condition of plat approval. Further, there shall be recorded at the County Recorder's
office, notice of an obligation for additional storm sewer trunk collectible with the split or
further development of the newly platted lot, Lot 1 of the Fiala Addition.
Financial Consultant
cc: Director of Finance VanOverbeke
Attachment
GW /vmd
Seale: 1 inch - 100 feet
PRELIMINARY PLAT:
Reetricte
Acceee
Pilot O
Knob J J
Road a V
DELMAR H. SCHWANZ
LAW 1UfV1 .Olaf ►I[
4.00 1... M h.
14750 SOUTIf ROeERi TRAIL ROSEMOUNT. MINI4ESOTA ESese eie /If }1799
SURVEYOR'S CER T7 /7CA TS
F /ALA ADD /T /ON
7
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MICHEt
t
2
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DEER wOOB
FINANCIAL OBLIGATION
LEGEND
Lateral Benefit Sanitary Sewer
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Agenda Information Memo
August 2, 1994, City Council Meeting
ADDITIONAL ITEMS
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APPROVE PLANS & SPECIFICATIONS /AUTHORIZE AD FOR BIDS
(VIOLET LANE ST & UTILITIES & YANKEE DOODLE RD ST IMPROVEMENTS)
A. Contract 94 -02, Approve Plans & Specifications /Authorize Advertisement For Bids
(Violet Lane Street & Utilities, & Yankee Doodle Road Street Improvements) -- Proposed
City Contract 94 -02 includes Project No. 674 (Violet Lane - Streets & Utilities) and Project
No. 661R (Sibley Terminal Industrial Park - Yankee Doodle Road Rehabilitation).
On July 5, 1994, the City Council had a public hearing for Project No. 661R which identified
improvements to the Sibley Terminal Industrial Park area. At the public hearing for Project
661R, two alternatives were presented to the City Council for consideration for the
rehabilitation of Yankee Doodle Road within the Sibley Terminal Industrial Park. At the
close of the public hearing, alternate #2 was approved and detailed plans and specification
preparation was authorized to address the rehabilitation of Yankee Doodle Road. These
plans and specifications for alternate #2 have been prepared and are in order for City
Council setting a bid date for solicitation of competitive bids on the improvement. These
plans and specifications are being combined with the plans and specifications necessary to
construct the improvements identified under City Project #674 (Violet Lane - Streets &
Utilities).
Item B of the August 2 public hearing agenda identified Council consideration of Project
No. 674 (Violet Lane - Streets & Utilities). A part of the petition presented by the
developer of the proposed Villas of Violet Lane development requested the preparation of
detailed plans and specifications along with the preparation of the preliminary Engineering
report which was presented at the public hearing earlier on this agenda. If Project No. 674
was approved earlier on the agenda, it would be appropriate for the City Council to consider
Contract 94 -02 in its entirety.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the plans and specifications
for City Contract 94 -02 (Violet Lane - Streets & Utilities, & Yankee Doodle Road
Rehabilitation) and authorize the advertisement for a bid opening to be held at 11:00 a.m.,
on Friday, August 26, 1994.
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MINUTES OR:A :$ Efki:: :li3i; 'MIG OF THE
EAC N: :titt; OffNCff~:::::
•:pagan, Minnesota
''uly 19, 1994 ..::
A Special City Council meeting was held*: Tue$ la ; July 19, 1994 at 5 :00 p.m. in the lunchroom
of the Eagan Municipal Center. Those in attendance Mayor Egan and City Councilmembers Awada,
Masin and Wachter. (Hunter arrived at 5:15 p.m.) Also present were Director of Public Works Colbert,
Director of Community Development Reichert, Chief Building Official Doug Reid, Police Chief Pat Geagan,
Asst. to the Administrator Hohenstein, Mike Stowe of E & V Construction, Architect Dewey Thorbeck, and
Administrator Hedges.
REVIEW BUDGET FOR REMODEUNG AND OPAN iON OF MUNICIPAL CENTER/
REVIEW BUDGET FOR PHASE II SITE
Administrator Hedges Introduced Mike manager for the project, and Dewey
Thorbeck, the architect, and noted that thet4 :are ite p:b reviewed. The first item is to prepare the
final design cost for the Municipal Center remodeling and direct Mr. Thorbeck to prepare final bid
specifications. They expect to do the bidding sometime in October. The second item that needs to be
discussed is site development for the project.
Administrator Hedges noted that .the design development estimate for the Municipal Center
remodeling and expansion is $2,316,000, W igb. over the original estimate. He noted that a
major portion of the increase related to the Ventilating & Air Conditioning (HVAC) system due to
the system sizing necessary to accommodate the . riorth.adci tion. He stated that the level of review at
schematic design had not identified the scope of the additional capacity necessary. Another significant item
was the additional renovation of the basement.
The Steering Committee looked at :iaia'a to reduce the budget. (Councilmember Hunter arrived at
this time.) He reviewed the items the Steering Committee recommended which would reduce the budget
by $95,000. He also reviewed other items the committee discussed but decided not to pursue.
Councilmember Awada asked what VAV boxes are and whether this is an area that could be reduced. Mike
Stowe explained that they are used to regulate the HVAC system and explained how they work.
Administrator Hedges added that there have . been problems in the current building because it
probably wasn't properly sized when the :: iuilditig :was ; built Councilmember Wachter stressed the
importance of having these designed cornet tly : He indicated' he:Would not support any cuts in the HVAC
area.
Councflmember Masin indicated a concem the costs involved in making all of these revisions.
She felt that a lot of money was being spent trying to reach ari:Gceptable figure. Mike Stowe noted that
they are paid on a lump sum basis and that these revisions are not costing the city anything extra.
He went on to note that $180,000 of the overage consisted of mechanical and electrical equipment
associated with the HVAC. Another significant item was the additional renovation to the basement which
wasn't originally planned. Now significant work will be necesOiTir to accommodate the Drug Task Force.
He added that the proposed building is very economically designed. All of the materials and finishes are
very basic, but durable. The public are as..t xe..some..�extra.features that make them more inviting and
warmer. Administrator Hedges added that (hay: rse4 :tfG:b iOng to be user friendly, but not grandiose.
Mike Stowe explained the reasons he felt the curtain w.. on the north side of the building should
not be deleted. He noted that the design of the building is suchthat without the curtain wall, the approach
from Pilot Knob Road looks like the back of the building. Dewey Thorbeck further explained the different
types of brick and stone proposed for the ::t i#li g 'apri; :l he:;bt lding materials proposed. He does not
recommend that the stone be deleted. It iids the' Police::Oepartment building and gives it a more
uniform look. Mayor Egan suggested that :teis item be bid both i!vays and see how the bids come in. He
asked about the elimination of the Drug Task force area. Police.Chief Geagan indicated that the Drug Task
Force area will be relocated from the origirfal plan. It will affeW#iem in the short term, but doesn't see it
as a problem. Administrator Hedges noted t.1 has tremendous benefit having the Drug Task
Force here; however, feels the renovation can be don at :sfgiificantly less than $25,000. Mike Stowe added
that when the decision was made to connect the second floor of the Police Department to the second floor
of City Hall, It took a lot of space and it became necessary to eliminate the space allocated for the drug task
force. They are proposing that it be located in the basement, which accounts for the additional cost for
renovation of the basement. Administrator Hedges and Chief Geagan will explore alternatives In this regard.
Councilmember Hunter asked for iiioro fiiforrii'atlori.:66 :lie VAV boxes. After further discussion,
Councilmember Awada asked for more information tiegarding t*:post of these boxes, and the difference
if they were reduced. Mike Stowe indicated he will get this information for her. Councilmember Wachter
reiterated the importance of having a good HVAC ayetein. This:is for employees who work here every day.
Administrator Hedges asked for arv&ijratiition ofTh ccirtain wall. Dewey Thorbeck suggested that
If the Council decides to take the curtain wall out of the plans for city hall, they should consider taking it out
of the police facility also for uniformity.
Wachter moved, Masin seconded a motion to leave the VAV boxes as proposed. Aye: 3 Nay: 2
(Hunter, Awada opposed.) Wachter moved,. Masin seconded a motion to install wood panelling in the public
space areas as originally proposed. Aye i : :4:;:Nay: 1 (Awada opposed.) It was the consensus of the
Council to bid the doors in the Council Charftber :and:lnnerJobbies both as glass doors, and as wood doors
with glass panels. It was also the consensus of, the :to install the curtain wall on the north side of
the building as originally proposed.
Administrator Hedges reviewed the.,site: d... opinent plan, which includes plans for a civic: arena,
wading pool, a roadway connection to the- :. .: cott Library, with future plans for the development of a park
and festival area. He noted that this is above the initial estimate as well, with the total being $1,082,623.
He said that the feasibility report for the site work proposed with the 1989 Community Center referendum
totalled $1.1 million. Site development was cut back to $800,000 in the 1991 Capital Improvement Program,
and considering a 4% annual inflation adjustment, it could reach $900,000. He noted that soil borings did
not Indicate the extent of the soil corrections.that,were. needed on the site. He reviewed the landscaping
proposed for the site, noting that the ampi1Tit:as;r mies.ri!t :oity(nursery stock will be used If it is decided
to use smaller trees, perhaps nursery stock could' l ie . US;'tf: ' After discussion concerning the size of trees
to be used, it was the consensus of the Council that:scme smaUr trees should be used.
After further discussion concerning the color Heide and .Ota,za, and the lighting proposed for the site,
the meeting adjourned at 6:29 p.m.
City Clerk Date
2
MINUTES OF:;A REGULAR MEETING OF THE
EAGAN, CITY COUNG1t
**Ran, Minnesota: :: :::::
.
A regular meeting of the Eagan City Coiiiie11: held on Tuesday, July 19, 1994 at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter.
Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert,
Director of Public Works Tom Colbert, and City Attorney James Sheldon.
Masan moved, Wachter seconded a motion to'epprove: the agenda for the July 5, 1994 meeting as
submitted. Aye: 5 Nay: 0
MINUTES OF JULY 5, : :49 4 REGULAR:f1TY COUNCIL MEETING
Councilmember Hunter noted a correction on page 2 under the consent agenda regarding gambling
permits. He would like it to read, "Councilmember Hunter stated that it is not in the best interest of the city
to approve every permit that is requested. He felt that a policy needs to be developed which clarifies the
criteria for approving permits.' Wachter moved, Hunter seconded a motion to approve the minutes as
corrected. Aye: 5 Nay: 0
MINUTES OF JULY 5, 1994 itl. t> :CITY COUNCIL MEETING
Councilmember Wachter noted a corrOion on page:Orat 'Frank Kuhn" should be "Fred Kuhn ".
He also noted a correction that references to t#ie:'Basll tOriri • be corrected to read "Boesel" farm.
Hunter moved, Wachter seconded a motion:10::apfrove't minutes as corrected. Aye: 5 Nay: 0
MINUTES OF JUNE 14, 1994 SPECIAL CITY COUNCIL MEETING
Hunter moved, Wachter seconded a motion to approve the minutes as submitted. Aye: 5 Nay: 0
A}Tt?R5 HEARD
Floyd Hiar, 3720 Knoll Ridge Drive, expressed. a co(icerii the second phase of the Blackhawk
Road construction. Residents must go through the:IVlanitou Ti wphomes or use Highway 13, which is very
dangerous and feels there should be some signalization. He $ISO feels that some work needs to be done
on the timing of the signals at the intersection of Silver Bell 1344 and Highway 13. He would like to see
Knoll Ridge Drive extended to connect with Ashbury Place. Thesirea is somewhat landlocked and feels that
would help.
Public Works Director Colbert indicated he did take a look at Knoll Ridge Drive, and it is heavily
wooded beyond the dead end, and would take considerable grubbing and clearing. He isn't sure if it is park
property, but it is not possible to do that work in conjunction :with the Blackhawk project. If the Council
wants to extend Knoll Ridge Drive, they could authorize a fear bility report. Usually, a petition of at least
35% of the affected property owners is require0; : jX4: Mis.sRuat {o0 is unique. Regarding access, he worked
with the contractor and they have provd0:10:0 ss?v:;B a Oss Road. Opening Silver Bell Road is a
significant concern of the contractor as they feel it would bee safety hazard. Councilmember Hunter
suggested a field survey be done of what the project would entail. Egan and Wachter concurred. Wachter
suggested the Public Works committee could look at it also:Egan indicated he would like to know the
changes in the traffic plan projections for that area.
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EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 ::::.:•.• ::::.:.:-
PAGE 2
IXP41t PIT HEAP 1400iss,$
Councilmember Wachter noted that tti ikepLe .::In the shelter at Trapp Farm Park needs
tuckpointing. He also noted there was a request kii•ficiiseshoe pits there.
Councilmember Awada noted she received some complaints about the water treatment center on
Cliff Road and Pilot Knob Road and indicated she is glad that that problem has been taken care of.
In regard to Item D, Recommendation, Airport Relationi FAA Interpretation of Part 150
Sound Insulation Proaram, Awada asked whether iS on this or whether the Council
should just needs to approve the recommericle*::::4$iP.tAnt:t0e Administrator Hohenstein indicated that
the Council can modify the recommendatiW:the'recdi from the committee supports the offer
to grandfather the homes in the Highview and Vilas blocks at the first available opportunity. Also, to avoid
losing funds for the 1994 funding cycle, another list of names was submitted, with the understanding that
the grandfathered homes be done first. Mayor Egan asked what the time frame is for these homes to be
done. Hohenstein answered that the issue that is holding this up is the interpretation of the squaring off
concept. Discussion followed conceming what areas will likely be done first.
In regard to Item E Project 6721•ApPiO*Cos.t,Particioation Aareement with Dakota County and
MnDOT (C.R. 32 and T.H. 3 - Signalization and frite Councilmember Wachter asked
for further clarification on the costs. Public Works Dit'a6or Colbert noted that the city's share in the
signalization is 25% or $27,000. He noted thi the cost participation formulas.
Mayor Egan asked what source will be usef f ttiis Tom Colbert indicated it is the Major Street Fund
Construction. It is in the city's Capital Im*Oarnent Program.
In regard to Item F, Contract 88-36, Approve change Order #1 (Eagandale Center Industrial Park
3rd Addition - Utilities), Wachter asked whether this is the City's responsibility. Public Works Director Colbert
noted that the total cost was the responsibility of the development, and was assessed entirely.
In regard to Item I, Reschedulei Dahl to reschedule refuse pick-uP,
Mayor Egan asked whether this should:: ebilgnilett::Skite:lhe Dahl's were not present. Administrator
Hedges stated he feels it could be continued to anothar meeting., Councilmember Hunter stated he doesn't
want to set a precedent by approving this. Adminiator Hedges suggested it could be continued to the
.•..•.
first item under old business at the next meeting.
In regard to Item K, Modification of Fire Department C.t Pfor purchase of Heavy Rescue/Air Supply
Vehicle, Wachter commended the fire department for their vision on getting this vehicle. Hunter concurred,
stating they are thinking ahead.
A. Personnel Items
:::::::•:
Item 1. It was recommended to approve the appointment dr Stefanie Bolks as School Resource
Officer for Blackhawk and Metcalf Middle:St146010ff0Pot.191ust 15, 1994.
Item 2. tt was recommended to approve the hiring of Andre Sparkman as a seasonal Basketball
Coach/Referee.
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Item 3. It was recommended to approve the hiring of Juanita Kulhanek as a Food Preparation Instructor.
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 3
B. Licenses, Plumbers There were no pliirgios licenses suiiited.
C. Recommendation, Airport Relations ComMittie;1 Aviation Chapter, Metropolitan Development
Guide. It was recommended to approve the recommendation by the Airport Relations Committee for
comments regarding the revised aviation chapter of the Metropolitan Development Guide as presented.
D. Recommendation. Airport Relations Committee. FAA Interpretation of Part 150 Sound Insulation Proaram.
It was recommended to approve the recomOiOggitiOi!ioi*Alipart:ftelations Committee regarding a revised
submittal for the MAC Part 150 sound insdlatidri for 1994
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E. Project 672. Approve Cost Participation Aareemcpt with Da)spta County and MnDOT (C.R. 32 and T.H.
3 - Signalization and Intersection Improvements...its recommended to approve the cost participation
agreement with Dakota County and MnDgr:'fOt.:Pi Road 32 and T.H.3) for both roadway
improvements and signalization and authtirlie Clerk to execute said agreements.
F. Contract 88-36, Approve Change Order #1 (Eaaandale Center Industrial Park 3rd Addition - Utilities. It
was recommended to approve Change Order #1 to Contract 88-36 (Eagandale Center Industrial Park 3rd
Addition - Utilities) and authorize the Mayor and City Clerk to execute all related documents.
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G. Contract 88-36, Approve Final Paym/Authize Maintenance (Eaaandale Center Industrial Park 3rd
Addition - Utilities) It was recommended to aiii5t and final payment for Contract 88-36 (ECIP
3rd Addition - Utilities) in the amount of $5,6b8:77:::*:::CapItal Indemnity Corporation, accept the
Improvements for perpetual City maintenance, subject to warranty provisions and authorize the Mayor and
City Clerk to execute all related documents.
H. Contract 88-09, Approve Final PavmeWii,iihOilze Maintenance (Manor Lake - Trunk Utilities) It was
recommended to approve the 6th and payment for Contract 88-09 (Manor Lake - Trunk Utility
Extensions) in the amount of $11,318.17 to Capital Indemnity Corporation and authorize the acceptance of
the improvements for perpetual maintenance subject to warranty provisions and authorize the Mayor and
City Clerk to execute all related documents.
I. Reschedule. Request by Linda and Bqi66: 111:to:tf0Aied*Refuse Pick-Up. It was recommended to
continue this to the next meeting.
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J. Resolution for vacation of Egan's Carriaae reOptilmended to approve the vacation of the
Egan's Carriage Hill plat subject to the approV.4:of the .:Pakota County Board of Commissioners
acknowledging the City Council's July 5, 1994 resolthlan and aiithorize staff to issue building permits to the
County. • • •
K Modification of Fire Department C.I.P. for purchase of Heavy Rescue/Air Supply Vehicle. It was
recommended to approve modification of the capital improvements program for the purchase of a heavy
rescue/air supply vehicle by the Fire Department as present.::
L Final Plat. Blue Ridae 3rd Addition. It was reommendedto approve the final plat for Blue Ridge 3rd
Addition.
Awada moved, Masin seconded a motion to approve.The consent agenda. Aye: 5 Nay: 0
Pkii=f1WINGS'
PROJECT 656, CEDARVALE ACCESS IMPROVEMENTS
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 4
and T.H. 13.
Mayor Egan introduced this item as roject 656, Cederv.ele Access Improvements, Silver Bell Road
Administrator Hedges explained that thi to a petition received from Cedarvale
Merchants Association. He added that the Cedarvale Merchants Association made a financial contribution
to the city to proceed with a study and feasibility report that would address access improvements to the
Cedarvale area. The Engineering Department looked at different scenarios, including connecting Rahn Road
to T.H. 13, as well as different configurations:.#x ..Rue,.Road, and overall Cedarvale access. The
feasibility report has been submitted. He fiot #:t#ia he:tecefve$ a:letter from representatives of the owners
of Express Donuts wherein they raised several issue; ; ::
Public Works Director Colbert indicated there have ..been several meetings with the Cedarvale
Merchants Association, and also a neighborh _ood;inforrmationaf:«ieeting on July 7th. There were over 20
property owners present, wherein they reviewecd:the detef: j :history of this project. This was requested
by the area merchants to see if there is a way improveaCCess to try to revitalize the Cedarvale area. He
introduced Leonard Newquist of SEH, who prepared the feasibility report.
Leonard Newquist reviewed the current intersection configurations and the plans for improvements
to those intersections. They are trying to ease the access from T.H. 13 onto Silver Bell Road. He noted
there are two afemates. Alternate #1 would .combine the intersections of Silver Bell Road, Beau D Rue
Drive and Cedarvale Boulevard, thereby: r ating extra connection that is very close to T.H. 13. It
would be a four way stop, with dual left turn lanes:ont H.:.13 from Silver Bell Road, a thru lane, and a right
tum lane onto T.H. 13. There will also be a right turn large :from T.H. 13 onto Silver Bell Road. Raised
concrete medians are proposed on Silver Be11Road between; :Beau D Rue Drive and T.H. 13, with the
remainder of traffic control to come from striping.artt:siianing:' This would require a total reconstruction of
the southeast side of this intersection. The::nortt7westerly side would be a widening of Silver Bell Road to
accommodate the traffic flow. This aligrimerifiworks very well, except it would completely elirninate the
Express Donuts shop.
Altemate #2 has the same configuration for turning movements as Alternate #1, except that
Cedarvale Drive is placed more northerly to avoid the Express Donuts building. Beau D Rue Drive and Silver
Bell Road are also placed farther to the north revisions would be required under this
rn
alteate. Right -of -way acquisition will be :re ed: r f3o. boo: :alternates. There will be two street lights at
the intersection of Silver Bell Road, and Cedarvale Drive to improve lighting.
The total cost for Altemate #1 is $795,000.: The total Gust for Alternate #2 is $692,500, because of
the additional signal modifications. The easement :Opts are Si4nificantly lower, however.
The assessments are based on the final construction costs, plus an estimated 35% indirect costs,
and the total cost of the right -of -way necessary. The assessments would be spread over 15 years, and the
Interest rate would be determined at the time of the bond sale. There will be a two level assessment to the
area to the southeast of T.H. 13. Level A will be those within a 1/4 mile radius of the intersection of T.H.
13 and Silver Bell Road. Level B will be those located beyond *el A, and within a 1 1/2 mile radius of this
Intersection. On the north side, It is felt there was less of a besiefit. Therefore, those properties within a 1/4
mile radius of the intersection will be asseesed: Leyt l. added that only those properties zoned
rial;:
multiple family, commercial, light indust act pfarr ?nd> development will be assessed.
The assessment guidelines proposed are that properties be assessed on an area basis; that Level
A be assessed twice as much as Level B; and that commercial;: light industrial, and planned development
properties be assessed four times as much as multiple family zoned properties.
He explained that MnDOT is intere t d.in this project Buse they will be doing some work on T.H.
13. They will possibly be paying for part of 00::.i nprovep exit :#tut it is unsure what that will be The City
Council has decided that the City will pay half ati'ver: MilbOT doesn't pay, with the remainder being
assessed. He reviewed the assessments to properties and the project schedule. Mayor Egan asked why
this wasn't planned for 1994. Public Works Director Colbert indicated it is due to the right -of -way acquisition
necessary for this project.
Councilmember Masin asked whet!ter.1l . :ctty, : wilUo se .tlh0 : MnDOT funds if the city goes ahead with
this project. Public Works Director Colbei:iiiited :ttl iflQT :ls:very Interested in seeing this project go
ahead because they recognize that congestion is _a problem.In this area. They would like to do some
additional improvements in conjunction with the city's project. They would like to do their project this year,
but they won't if they can combine it with this one:::::::
Councilmember Wachter noted these is oFily orie:tatte:aCess shown at the intersection of Silver Bell
Road and Beau D Rue Drive. There are currently two. Hequestioned whether that should be reduced to
one. Len Newquist concurred, indicating it may have been an error on the drawing. There will be two lanes.
Mayor Egan noted that under Altemate #1, the roadway costs are lower than Alternate #2; however,
the easement cost is substantially higher in Alternate #1. He noted that the primary difference between the
two alternates is that Alternate #1 takes:t :.Express Donuts building. Councilmember Hunter noted that
Alternate #2 does not include easement acces the property south of Express Donuts or the possible
cost of business Toss. He asked why these costs tduded. Len Newquist noted these are intangible
costs. Councilmember Hunter asked about :the access Express Donuts under Alternate #2. Len
Newquist noted that because of the increased t imffic in the.aiaa : they would like to move the access further
away from the intersection. They would like to iiirork r ut common driveway with the neighboring business.
Councilmember Awada referred to the letter:from iite'attomey for Express Donuts, noting that even under
Alternate #2, they would lose 40% of thelspiarking lot. Public Works Director Colbert emphasized that it is
40% of the parking lot, not of the parcel. Discussion followed concerning the impact of this project on
Express Donuts under each of these alternates. Public Works Director Colbert stated that if Alternate #2
is approved, they will do a field survey to determine the maximum parking stalls that could be accomplished,
compare ft with what they have now, and use that to determine acquisition costs.
Mayor Egan also referred to the fetterIroiti.the attorney epresenting the owners of Express Donuts,
noting that Mr. Heikkila requested that the letter be.read into the.record. Mayor Egan noted that all of the
Council members received a copy and it is part of tine: record.::::kHe stated that before the city undertakes a
project which could potentially displace an existing biiiiiness, t4:City needs to have some documented and
definable studies to determine what the direct or Indict bene8f.sivill be to the Cedarvale area. This project
was requested to help to induce greater commercial vitality intG:the area. He reviewed the things the city
has already done to help revitalize this area, including creating a special service district, a special lighting
plan, and relaxed billboard standards. He noted that Express Donuts has been operating at this location
since 1972 and he would like to see a more feasible resolution rather than taking a business. He feels the
city needs something to quantify the benefit to the Cedarvale..area. Wachter concurred. Hunter also
concurred, stating he agrees with many of the points mac:06 the letter from the Mr. Heikkila. He is
concemed about the whole issue of area wide assessments.: :: : :
Mayor Egan then opened the heat :to 3.1!0. omrneint. •
Hussein Ansari, owner of a restaurant and Texaco Staff in the Cedarvale area, stated he feels this
project will kill the area more than it will help. This plan wilk:d3vert traffic out of the area. He suggested
closing Imperial Drive to bring traffic through the area.
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 :;::::
PAGE 6
Gary Morgan, past president of tli..Chamber of Cfitfinerce, indicated he helped organize the
Cedarvale Merchants Association to raise tfi #Unds to do this: ttsdy. They looked at access extensively and
tried to work out better access for the area Tese::bgss17e5;;es have been hurt ever since the relocation of
Highway 77. This appears to be the best option:: "ftiroihing is done now, it will continue to be a looming
problem due to traffic buildup. He isn't happy about taking a business out of the area. He suggested that
since the business Isn't In the best shape, perhaps the city could help improve the property rather than
monetary compensation. None of the options stand out as being the best option, but feels something needs
to be done. He suggested that If there were: a : viray.to..U.se..the.oxisting signal lights at the Silver Bell Road,
a lot of construction costs could be saved : : :: o tiri6Oittef kiii Express Donuts remains, there should be
adequate access so people still want to patronize th>sbusiness:::;Some discussion followed concerning bike
trails in that area. Mr. Morgan also questioned the'assessmertt:area.
Karen Welders, of Lang - Nelson..Assoc ites: tncorpomted, who manage and own View Pointe
Apartments on Rahn Road, stated she ag>eeS:;tha# ttifs benefit anyone. She requested that the
assessment procedure be reviewed. She feels multiple far mj residential properties pay a good share of the
assessment and will receive no benefit.
Roger Ronning, representing Shannon Glen 111 condominiums, indicated they are opposed to the
method of assessment.
Don Kirk, 1887 Silver Bell Roadi* ah Glen 111 condominiums, indicated he is opposed to the
assessments. Feels the city should see who is us€n this:roadway.
Hussein Ansari stated he would like to go back.to.the.ijrst plan that was proposed. He feels that
was the best plan and it is what was promised :10 tum:beft re he bought the gas station. The area is slowly
dying. He will pay more assessments and reeo'ive:noibenefit.
Tom Butler, of McDonald's, stated he is ready to go forward with this. He feels a vision is needed
for this area. He feels this plan is more beneficial to the residents than the businesses, but he feels it is
beneficial to both.
There being no one else wishing.. an closed the public hearing for public
comment. Councilmember Masin indicated :thatIt seem .:ot# Eg us that there is a traffic problem in this area
and needs to be addressed. Councilmember Wachter sugge that the businesses and city need to get
together to attract businesses to the area that peoe need aiicf: want. Hunter moved, Wachter seconded
a motion to deny this project. Aye: 5 Nay: 0 •
WATERVIEW ADDITION TRUNK UT L1TY EXTENSIONS
Mayor Egan introduced this item as Project 666R, Waterview Addition trunk utility extensions.
Administrator Hedges noted that a petition was resubmitted by the developer of Watervievv Addition
and the City Council authorized a revised feasibility report wfdcti would extend trunk utilities to service the
proposed development. The report was presented to the : :0 uncil on June 21, with a public hearing
scheduled for this meeting.
Public Works Director Colbert introduced Mark Ranson, of Bonestroo, Rosene, Anderlik &
Associates. Mr. Hanson presented the feasibility plan, noting:it$;location is between T.H..3 and Dodd Road,
south of glff Road, and Includes 20 single family lots. The utilities In that development are proposed to be
built privately so the only improvements proposed are sanitary sewer and water. The sanitary sewer
provides for extending a 10 inch sanitary sewer pipe on the east side of T.H. 3 to the development. The
water main provides for a short extension df.an 8 inch water mairt.ln Dodd Road. He explained the lateral
and area -wide benefits for sanitary sewer't1d:water main...:' he project cost is $225,340, of which
$85,990 will come from revenue. He reviewed :. •: atfe f s h Jule.
Mayor Egan then opened the hearing to public comment.
Charles Morgan, 4785 Dodd Road, expressed his opposition to the assessments, and presented a
petition of adjacent neighbors who are oppo$ed... .
Doug Johnson, 4775 Dodd Road,' hied' a' gu4$tibri:'relatn a to wording in the report about water
services along Dodd Road. Mark Hanson explained::that where: the water main gets constructed, it is not
proposed to stub in the existing properties unless there is a strong desire by a property owner to have that
Mayor Egan raised a question atitiut` roperties*eif iave lateral availability, but not access to
service, and asked whether the city will have a problem establishing benefit. Jim Sheldon, indicated that
adding the availability of service is beneficial. They will be have a separate connection charge when they
hook into the system.
Scott Johnson, President of Arcot!. Pevelopment, spoke in favor of the project. He feels this is the
best design and consistent with the city's:erigir eering and assessment policies. He urged that the project
be done in 1994.
Scott Shelerud, 4735 Dodd Road, indicated he is concerned about the traffic flow in the area. He
is worried that the addition of cars from this desOloprpeT44:06ve a need for improvements on that road.
Doesn't think he should be assessed for a t: tl ai :does not benefit him. All he will get is additional
traffic. Discussion followed conceming the :itrpect of this development on the road, construction equipment
traffic in the area, and the way this area wiil develop. Public Works Director Colbert suggested he meet with
him and he can answer any questions he has relative to this project.
There being no one else wishing to speak, Mayor Egan closed the public hearing.
Councilmember Awada stated thiit: jusi Instellliig w$er:rnain minimizes the impact to the residents
of Dodd Road which is also why the sewer will'dO•alorig :Mayor Egan stated that the city has been
very sensitive to the concems of the people in this aiea. The sanitary sewer was relocated to the east side
of T.H. 3 to minimally adversely affect the residents:Of::Dodd Roan. Also, the water main is located outside
of the Dodd Road right -of -way to eliminate the recoristruction4the street. He feels this will cut down the
traffic in the area. He noted that this development is ctihsistent :With zoning, the Comprehensive Guide Land
Use Plan, and the functional classification for Dodd Road. The Council is trying to be as sensitive to
the neighborhood concerns.
After some discussion, Hunter moved, Awada seconded a motion to dose the public hearing and
approve the project. Aye: 5 Nay: 0
T.H. 3 /SCHOOL ROAR. (STREET at UTILITY IMPROVEMENTS)
Mayor Egan introduced this Item esProjiect 6i3,1 H 3 / Road street and utility improvements.
Administrator Hedges noted that ISO 196 requested itie;City Council to prepare'a feasibility report
to investigate proposed improvements to proceed with the new 'elementary school and future development
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 8
east of T.H. 3 and south of Weston Hills. i June 21, 1994, z :City Council received the feasibility report
and set a public hearing for tonight.
Public Works Director Colbert indicated ttiis not only street and utility Improvements, but
also Improvement of the trunk highway, and a railroad crossing. It is on a very tight time frame to provide
service to a new elementary school that is scheduled to open in the Fall of 1995. In addition, if there is any
MnDOT participation, it wouldn't be known until next February whether they will be participating, and the
funds wouldn't be available until next July... : .I.-his. ; ArpJect is bein9.proposed in two phases; one to provide
service to the elementary school; and one:tt :pFovxfe:t;ie id::major access and utilities east of Highway • 3 and south of Cliff Road. This project is the cometstone of::ifiaprovements for the development of the
southeast corner of Eagan. He noted there have been .. several informational meetings, both with individuals
and neighborhoods.
Mark Hanson, of Bonestroo, Ros; ne; tiid erlik &: Associates, explained the location of this project.
He noted that School Road does not curreintlyexist, and . 40i - of - way will have to be acquired. The reason
T.H. 3 is proposed to be upgraded with this project is because of the elevation conflict between the existing
railroad tracks and the existing centerline. This will involve MnDOT, and several meetings have been held
with them. MnDOT has expressed concerns relative to accesses to T.H. 3, and it is believed that MnDOT
will approve this connection, provided Gun Club Road and Farm Road are closed. The businesses with
accesses from these roads will continueto.use their driveway accesses. Carol Street, which is platted but
does not currently exist, will likely be vacatTtle. access to Mr. Fitz's property will be forfeited
with the Waterview Addition plat and its access :to:Ditid Farm Road at its east location will have to
be removed to allow access to School Road. : :These area! access points that are of concern to MnDOT.
One of the concems expressed at the neig#nbditiood meeting was why existing right -of -way isn't
being used He noted that if existing right- ot- w used, extensive reconstruction of those right -of -way
areas would be necessary due to the elevatiori• conflicts and condition of the roadways. There would also
be wetlands that would have to be dealt with. Because of these reasons, it was felt that the connection at
School Road would be a better location. He explained the design of the roadways involved in this project
and noted that the city will have to acquire an easement in order to accomplish School Road.
Another issue at the neighborhood ..meetingwasthe.traffic signal proposed. He noted that MnDOT
is concemed about this because signals:; ai'ei't:.appmv on projected warrants, and in order to
satisfy the warrants for this intersection, the area would have to be fully developed.
The railroad crossing will include a rubberiai pad wittt:signals. MnDOT has indicated that they will
recommend that federal funds be used, which could:be up to 8Q 16 funded. The construction would be done
by CP Rail, and would be reimbursed by the city.
A concrete sidewalk is proposed on the south side of School Road to T.H. 3. There were some
issues raised as to how far the sidewalk should be constructed. He explained the locations of the sanitary
sewer, water main and storm sewer. He noted that the school is providing two ponding areas that will
ultimately drain Into LP 27. If there is a problem with acquirijg: the pond, an alternate would be to build it
in School Road and discharge it into the existing right -ofiyy between the tracks and roadway, and
ultimately drain into Fitz Lake. Some discu ig i.fplipwed.Ponceming the proposed storm drain and the
quality of LP 27.
He stated that permanent easements are needed !et :$chool Road, as well as temporary slope
easements and drainage and utility easements. Other easett efts may be needed for private access, and
in the event the plat doesn't move concurrently with the project as proposed.
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 9
He explained the area assessmentitsG. tions and costs:ft : the various improvements. He noted he
submitted a revised assessment roll, with a .,of
Councpmember Hunter asked what the t2ifkitiale fs for installing the sidewalk to Highway 3. Mark
Hanson stated there is a benefit to having it in front of the school and up to Biscayne Avenue. The Park
& Recreation Department will have to assess the benefit of having it from Biscayne Avenue to T.H. 3. Mayor
Egan asked who pays for the sidewalks and Colbert responded that sidewalks are city financed.
Councilmember Masin stated that since it. is.in.front of the school, it seems like it would be an important
safety factor.
Mayor Egan then opened the public hearintiftr public testimony.
Arthur Mulvihill asked why Gun Club Road:: 00 1 be 4edi Mark Hanson explained that Gun Club
Road abuts a wetland, as does Farm Club Road would need to be raised
considerably, so it is a less desirable Iocatlori :' Also, Giiri :Cltib Road and Farm Road don't align, so they
would need to be reconstructed. Mr. Mulvihill asked about his assessment and wondered why his is so
much higher. Public Works Director Colbert stated the amount is based on the amount of land and the
zoning. The reason his assessment is so high is because he is receiving all of the services. Other lots will
just have the area -wide assessment. Mayor Egan suggested he could appeal his assessment at the
assessment hearing. Mr. Mulvihill stated he feels the acquisition of his property for right -of -way will devalue
his property.
John Bannigan, of Bannigan & Kelly, noted tie : :resenting Gene Finch. He noted that if this
project is ordered in if Mr. Finch is forced to sell his property,. :hawould have to escrow $255,000. He would
like to be allowed some time to deal with some of:the.IesS apparent problems with this assessment proposal.
He is asking the Council for a couple of weeks: :rneet staff to reduce the street and lateral costs a little
further so the property could be marketable .• i le•feels the elevation of the trunk highway is driven exclusively
by the school and should be paid for by taxpayers who support the school, not the property owners
near the school. The same thing applies to the oversizing of School Road. That will not reflect in increased
market value of the property. He thinks they can reduce their assessments further and would like a delay
on contract 2. Mayor Egan suggested the Council can approve this and staff can deal with the details on
the assessments. Mr. Bannigan Indicated...Oat. the pending assessments will be on record and any
prospective buyer or financial institution: wnill;:toguire arl: iow:.bf 1 1/2 times that Discussion followed
concerning how this situation could be haridled •:without reeordirig the assessments for this parcel and still
include them in the project, with several suggestioils;being made. Mayor Egan stated he is not willing to
jeopardize the viability of the project. Mr. Bannigan Mated he feels he will lose their negotiating position with
staff if this is approved. He would like the Council Ito . direct s* .to negotiate in good faith and in a timely
manner.
John Young indicated he is being assessed as industrial property, but has heard his property may
be rezoned to residential. Mayor Egan noted he would have to change the use of the building to get a
single family assessment classification. Mr. Young stated he feels this will eventually be residential property,
yet is being assessed as industrial. Councilmember Awada oiled that if that were to happen, it would be
many years into the future. The City won't encourage ariji::1nore industrial development in the area.
Community Development Director Reicltiert•noted. the..city'e.long range plan was that this area would
be single family. There is a small pockei; ac iJS1n8I .*000 and. The question for the Council is whether
the industrial property should continue to l eiiidiitr'iaf it should be rezoned to residential. If the
area is rezoned to residential, the industrial uses will continue:ta exist as nonconforming uses. Mr. Young
noted that as a nonconforming use, if the building burned do 1 n, he would not be able to rebuild it. After
some discussion relative to nonconforming uses, Councilmember'Hunter reminded the Council and audience
that that would only happen if the property is rezoned to R -1, which is hypothetical.
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 :
PAGE 10
Dewayne Mullin, of Inver Grove Het 'its, wanted to knt<isky■hat is proposed for the Farrn Road area.
Mark Hanson, explained that the properties t#aOake access:tefarm Road beyond Mr. Finch's property will
have access to School Road, along with the - :parp s: sri 1tfvei •Grove Heights, which will have access to
Weston Hills Drive. Mr. Mullen expressed concerni4Eiiiilt access to his property. He feels access to
Highway 3 should have been where the current easements are. Councilmember Wachter explained that the
current easements weren't used because of the elevation, and assured him he will have adequate access.
Mark Hanson stated that is one of the access issues they will be addressing with MnDOT. Mayor Egan
reiterated that the city has the legal obligation.to ccess.
Don Marotzke asked why the residents of W ton Hille Won't be assessed for this He feels they
will benefit from this. Mayor Egan stated that Pinevprsod Schck :was designed for 700 students, and now
has over 1,200 students. It is not just Weston Hilts::that will betnefrt. City Attomey Sheldon indicated that
the Weston Hills development paid its assessments;vv ien_ they. - developed, Just as other developments have
Jim Oberg indicated he owns a piece of propertYlr this area that is currently zoned industrial. He
understands this is proposed to be rezoned to residential. Community Development Director Reichert noted
It is guided residential, but zoned industrial. Mayor Egan explained that it will remain industrial unless
someone proposes it to be rezoned to residential. Oberg expressed a concern over paying assessments
for industrial property, but having his property downzoned to residential. It will be a loss of value for him.
Councilmember Awada noted that just haying utilities and roadways installed will greatly enhance the
value of the property. Community DevelbOrientpirector Reichert noted that there is a request: before the
Council to initiate a study to determine whether ffiis ar =et::should develop as industrial or residential. Mayor
Egan asked whether any part of his assessment:could be rebated if it is rezoned to residential. City Attorney
Sheldon stated that generally, assessments ateibased on..whef the property is zoned at the time of the
improvement.
Mike Frattalone, 4784 South Robiiiti Trail, stated he opposes the assessments to his property, and
specifically raising the level of T.H. 3, and the oversizing of School Road. He is also concerned about the
water quality of the holding pond LP 27. Mayor Egan asked whether the Public Works Director feels the
water quality might deteriorate. Public Works Director Colbert responded that before any water is
discharged into this pond, it will be treated with on -site sedimentation. He indicated that the pond could
be bypassed entirely, but he has a concern . that,:it.may, dry.up...He noted that the bypass would cost Tess,
but he is concemed about the long term �i yci i l:.:o ical. of t of doing that
Bill Loomis, 4782 South Robert Trail, stated tie is opposer) to the assessments. He thinks they paid
a sanitary sewer assessment in 1989. He feels they:.are beingcharged twice. He asked whether the gun
club is being assessed. Public Works Director Coittrt indicat d.their assessment is $44,000. Mr. Loomis
asked what the city's contribution will be to this project. Publie :Works Director Colbert responded the city's
contribution is $2,150. Mr. Loomis stated he feels this project will help Weston Hills and the people
attending the school. He feels they should be paying for this also. Mayor Egan noted that this assessment
roll is preliminary. Councilmember Hunter stated he feels the city should be contributing more. Mr. Loomis
asked whether the railroad is contributing. Public Works Colbert indicated they are not. The railroad
functions adequately with or without the crossing. They actually consider the crossing more of a hazard
than a benefit. Mr. Loomis stated it is really the school that Lids the crossing.
Rick Packer, of Shamrock Develbpment;.indi ted they :don't have a problem with the school being
located in this area, or with the improverenta: - T hey . db h serious reservations about the amount
of the area assessments for the T.H. 3 improvements and :iti widening of School Road. They will not
proceed with their preliminary plat at this time because if they:;tto that, they will have to waive their right to
argue these assessments at a future date. He feels it would be difficult to prove they benefit to the amount
of their assessment, and also feels it could be proven that the stubbed street and utilities will benefit the
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 t;:;:;: >: ::
PAGE 11
surrounding area and they should be payirig: 4r some of that..Mayor Egan encouraged them to go forward
and try to negotiate these issues. Mr. Packer::indicated they..hev6 :been told by staff that the only place they
can negotiate the assessments and the mai?itlgr: V4iith thiey are applied is with the City Council.
Community Director Reichert indicated they have'asked hamrock Development to suggest an amount that
they would be willing to put a cap on for some kind of waiver, and then proceed with the plat subject to that
amount. They haven't done that. If they would like to propose something, she will look at it.
Mayor Egan then dosed the public.pearing to public comment. He noted that the school district
needs to move forward. He realizes theia :are a:t 0 a mount of assessments, but they can be
addressed at the assessment hearing. Couricamer r •Awada:stated she feels the necessity of the road
Is well spoken for, and is ready to move forward Wit i the project. Councilmember Wachter concurred,
Indicating there are a lot of unanswered questions:at . this point, : but will be answered at the assessment
hearing. The school is badly needed and the proj.eet.naeds to.tiiove forward. Councilmember Hunter noted
there will be two special workshops to revi.0 :iba:propo e i c it ywide benefit, and to reconcile the zoning
and Comprehensive Guide Plan differences•iiii ie
Wachter moved, Awada seconded a motion to approve Project 673 improvements, and authorized
preparation of detailed plans, specifications, property acquisition and appraisals. Aye: 5 Nay: 0
(The Council took a break at thisaime.)
NEW SINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT, L.S.D #.196 - ELEMENTARY SCHOOL #18
Mayor Egan introduced this item.as::e• :Cvmprehensive Guide Plan amendment for I.S.D. #196,
Elementary School #18, changing the land. :i se from D -I Single Family Residential, to PF, Public Facility,
Quasi - Public, for 13.97 acres; a rezoning of 13.09 acres of A Agricultural and .88 acres of 1 -1 Limited
Industrial to P Public Facilities; and a preliminary plat, consisting of 13.97 acres for one lot and two Outlots
located in the North Half of the Southeast Quarter of Section 36.
Administrator Hedges stated that.ihe.Adyisory. Planning Commission held a public hearing on June
29 to consider this proposal. The Planning: iiriiss34t approval of the Comprehensive
Guide Plan amendment and rezoning, subject to a un t r i f condtions. The Planning Commission also
recommended that a study be initiated to consider the rezoning: of the I -1 district within the area
Community Development Director Reichert plained:the
.e location and surrounding areas. It is felt
It would be to everyone's benefit if the neighboring plat and thig:; chool go forward simultaneously because
there are a lot of coordinated efforts necessary to make this work. She noted that the school is also
requesting that the Council grant the footing and foundation permits so they can begin development. She
noted that the main concem raised at the Planning Commission meeting dealt with the impacts of the roads
and utilities on the area. Another concem was the future of the industrial area. The Planning Commission
recommended approval of this, subject to the conditions set fcr#b in their minutes, and also recommended
that the Council direct a study to be initiated to evaluate the#aild use plan for this area as to whether it
should remain industrial or be changed.Io. re
Eric IJnner, of Wold Architects, �t d t e pfans school and access to the property. He
indicated they have met several times with Shamrock Development, and he feels they can work out their
concems. He noted they have started the process to acquireffe parcel that will be known as the city park
If Shamrock Development doesn't go forward with their plat: Councilmember Awada suggested that the
street have the same name as the school.
Rick Packer, of Shamrock Develofimunt, concurred that : they can work out their concems with the
school; however, he still has an issue with toots,sessments, .and in order to develop their plat, they will be
required to waive their right to contest the assessor nts; :: ff o ' e will remove that requirement, they will
move forward. He noted that if they are unable to'ooiiie to:an with the school district or city staff
in a timely manner, and the school district has to acquire some of their property, their preliminary plat will
need to be redone because they will need to dedicate additional property for the park. They would be
willing to make a cash contribution rather than land. Councilmember Hunter stated he feels it is reasonable
to place a contingency on the plat that If their.park dedication is condemned, they would take cash instead.
ou
Community Director Reichert noted that t1e; :f' nod <atlthi ized :her to negotiate with them and she will
continue to do that.
Hunter moved, Wachter seconded a motion .toapprove.the.Comprehensive Guide Plan amendment.
Aye: 5 Nay: 0 Wachter moved, Awada seconc#e a.motiortiti approve the rezoning. Aye: 5 Nay: 0
Awada moved, Wachter seconded a molic n to:iappiov : :*:preliminar plat, subject to the following
conditions:
Aye: 5 Nay: 0
1. The developer shall comply with standard conditions of plat approval Al, B1, B4, C1, C2„ C3, C4, DI,
El, F1, G1, and H1, as adopted by Council action on February 2, 1993.
2. The development is subject to an ort -site ponding requirement to treat all runoff leaving the site. The
design of the treatment pond systeii s must.be acceptable to City water resources staff.
3. No filling or draining of the wetland on the site is :iflowed.
4. This development is subject to a cash tuffs dedication: •
5. The developer is responsible for tei`rxtiriat ng the private access easement across the north property
line of Outlot B.
6. Additional landscaping must be provided on the west and south property lines. A revised landscape
plan must be submitted and approved by staff prior to final plat approval.
Awada moved, Hunter seconded a motion to grant a footlogs and foundation permit prior to final plat.
Aye:5 Nay:0
SITE PLAN REVIEW AND FINAL PLANNED D VELOPM NT, PARK CENTER 4TH ADDITION
Mayor Egan introduced this item as the site plan review and final planned development amendment
for Park Center Fourth Addition, Lot 2, Block 1, 24th & Hennepin Partnership, for Boston Chicken located
in the Southeast Quarter of Section 30.
Administrator Hedges noted that this was considered* the Advisory Planning Commission at a
public hearing on June 29, and they recommended.approval, .. .
Community Development Director Raicfiei`[ a eihed ttielocation and plans for the area. She noted
that the Planning Commission extensively debated the signage ::.The developer wanted to provide a window
logo sign and the Planning Commission decided that would: : be acceptable. John trautz of 24th and
Hennepin Development, and Chris Lombardi, of Boston Chicken, explained the plans for this development
and the concept of Boston Chicken. Councilmember Wachter asked why Eagan was selected for this
restaurant. Mr. Lombardi explained that ttiOji;1ook for certain.demographic statisticsarea, and Eagan met
those statistics. Wachter moved, Hunter sec qb ded a moti to approve the site plan review and final
planned development amendment, subject tot .:* g ditions:
1. The property owner must enter into a Final Planned Development Agreement reflecting the
amendment for Lot 2, Block 1, Park Center 4th Addition.
2. The building exterior shall be constrticte4:0:fnasonry. be laid on -site; and all brick shall be
a brown tone in color that is comps t te:.iiie.4). :t1 : : e PD.
3. The pylon sign base shall be constructed with f;;;6' 20' x 20`tirick columns; the brick color shall match
that of the building.
4. Any and all window signage shall be :resti ated a. pet ianent, company logo sign as shown in
Boston Chicken's brochure.
5. All trash /recycling containers shall be contained within the building or in an enclosure attached to the
building and constructed of the same exterior materials.
6. Landscape berming shall be provided:along the public streets.
7. All landscaped and green areas shall be by an underground irrigation system.
8. All rooftop mechanical equipment shall tie screen : ft9TO:iiiiew from the public streets.
9. The final utility plan shall include a maiitiole.:at tfie connection to the existing 6" sewer service stub.
10. The developer must submit the following final detailed plans: building elevation plan, overall
landscape plan on an approved grading plan, overall signage plan, and a grading, drainage, and
erosion control plans to be part of the Final PD Agreement with the building permit submittal.
Aye: 5 Nay: 0
PRELIMINARY PLAT/TOWN 6E0'0 . 70 'SEVENTEENTH ADDITION
PAYLESS SHOES /KIN:c S /BOSTON CHICKEN
Mayor Egan introduced this item as the prelimisieiy plat for'town Centre 70 Seventeenth Addition -24th
& Hennepin Partnership, for Boston Chicken, Payless Shoes, d Kinkos, consisting of 1.76 acres for two
lots on Outlot A, Town Centre 70 Second Addition located in the Northwest Quarter of Section 15.
Administrator Hedges stated that the Advisory Planning Commission considered this item at their
meeting on June 29, and recommend approval, subject to a number of conditions.
Community Development Director Reichert gave the location of this development, and noted that the
major issue of the Planning Commission . raa: .tettier.pri�ca�te ess would be allowed. Both Planning and
Engineering strongly advised that the e>ti :Because of that the applicant requested
additional signage on the sides of their building, and the Planning Commission recommended approval.
John Trautz further explained their plans, and requestedtiat an additional sign be approved on the
back of the building. Community Development Director Reichert stated the applicant has already been
granted a variance for their signage and feels this will set a precedent. Awada concurred, stating she likes
to keep the rules the same for everyone. :* Indicate Ofte reasoning for the request was that with
signage on the back, it will keep traffic off oft*Acantre pti* Hunter noted that for most
customers, after driving by once, they know they an t there from the shopping center. /Wade moved,
Hunter seconded a motion to approve the prelirriiiI•Plal, subject to the following conditions:
1. Standard conditions for plat approval Al, Bl, C1, C2, C4, D1, El, Fl, G1 and H1, as approved by
Council on February 3, 1993.
2. A water quality cash dedication.
•
:•:•:::.: .•.•.•.•.
• •
3. The Certificate of Exemption Issued by tfte tity j NoVember 1992, which authorized filling of
wetland on site without a replacement oblkietion, remains in effect.
4. Alt rooftop mechanical equipment ipust not be visible any public right-of-way or internal drive.
5. All landscaped areas must be irrigated in accordance with the City's Landscape Ordinance.
6. All trash/recycling must occur within the building or in an attached trash enclosure made of similar
building materials as the principal
7. Cross parking easements for LOtS•il:aftd: be recorded with the recording of the final plat.
8. A revised Landscaping Plan with additional eVetreentunderstory plantings along Town Centre
Drive, and showing site lines from botft:eccess.poit4Aiong Town Centre Drive.
9. Building mounted signage is perryiffted:On:the side of the building facing Town Centre Drive and on
the north side of the building oradt1; and on the north and south sides of the building on Lot 2.
10. A one time sign fee of $2.50 per square foot be paid when the sign permit is issued.
11. If the existing 1 1/2" water services that have been provided to this lot are not utilized, then it shall
be removed and the corporation:stop,twnecl 8" water main in Town Centre Drive.
12. All three of the proposed driveway openings.muei be a minimum of 30 feet wide.
•:.:•:.
13. Direct access to Town Centre Drive is not:4Pwed.
Aye: 5 Nay: 0 After some discussion, Public Works DirectoitOlbert requested that the developers of the
Kohl's Store assist him with some turf establishment and erosion control related to Fish Lake. Mr. Trautz
indicated they have spoken with their excavating contractor and he feels this will take care of the problem.
APPROVE PLANS/ORDER AD FOR BIDS ADDITION)
Mayor Egan introduced this Item as Contract 94-11, approve plans/order ad for bids for Waterview
Addition trunk utilities. Hunter moveck)Awa0k:secoftcled to approve the plans and order
advertisement for bids for Waterview AckffticOfti.ftk011.t*:: 5 Nay: 0
APMNOT.Rost
Kohl's Department Store Grand Opening. Mayor Egan noted that the Kohl's Department Store
Grand Opening is at 7:30 a.m., not 7:00 a.m. on August 5th.
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 15
Extended Hours /Municipal Center.':: Atdrninistrator Hedges he had the Police Department
monitor the amount of traffic coming to the'bu8d pg reeding assistance from city offices, and
when it is most needed. It became apparent that: l :hemviestusage was between 4:30 and 5:30 p.m. He
noted that all of the employees involved were very supportive of this change.
Project 665. Approve Easement Acquisition Agreement (Blackhawk Road). Public Works Director
Colbert noted that he has been working with the Rathmans for several months to acquire a temporary
easement to preclude the need to construZ t_:0::re wining : wait : to : .finish the Blackhawk Road improvements.
The Rathmans are looking at long range e:pot ritia1::d> tlelilpmient or their property. There is a need for
sanitary sewer and they are Incorporating that Into :pis project ; :::They have agreed to the assessments
associated with sanitary sewer and streets with the understandiiigthat the city will compensate them for a
temporary easement for the elimination of the reta,'.ih'tttg wall. Egan moved, Awada seconded a motion to
approve the easement acquisition agreement: : : : ;AVie;: ::
Approve Speed Limit Reduction, Chatterton Court Public Works Director Colbert noted that the
recent legislative session resulted in an amendment to state statutes that allows cities to reduce speed limits
to 25 miles per hour on streets of 1/4 mile or less. He received a request from residents of Chatterton Court
requesting that it be posted for 25 miles per hour. Some discussion followed conceming how the length
of a street is determined. Councilmember Hunter indicated he does not support this request. Awada
moved, Masin seconded a motion to app iite :the.speed limit reduction for Chatterton Court. Aye: 4 Nay:
1 (Hunter opposed.)
Proiect 588. Approve Resolution /Settlement Agreement (Silver Bell Addition - Water Main). Public
Works Director Colbert indicated this is an aseessment:.appeai:and easement acquisition that has been
negotiated as a result of an appraisal process,fi r oct tNecost of acquiring the easement, and evaluating
the benefit from the water main improvtrre:;::::'ffie City Attorney is recommending approval of this
agreement which exchanges the agreerrterit for the amount of assessment. Awada moved, Wachter
seconded a motion to approve the resolution /settlement agreement. Aye: 5 Nay: 0
Approve Cross Easement Agreement Safari Reservoir and Lot 5. Block 4 Eagan Royale. Public
Works Director Colbert stated that a single family residential house is proposed for Lot 5, Block 4, Eagan
Royale Addition, which is adjacent to the: i}foriftesetypir::: is elevated to the height of the reservoir
site and when the property was platted there:Was:ah agrees rtt for a cross easement on the east edge
of the lot. The agreement did not include the west: .aide of the property. The agreement needs to be
amended to include the west and south sides. T3ie: driveway:is gravel, and he recommends that if it
becomes part of a permanent driveway access to :lhe house;)t should be bituminous surface. He has
worked with the builder and owner, and reached aria greemerift wherein the property owner will contribute
$500 to the city to help finance the bituminous surfacing ofthis driveway if the city provides a cross
easement over that area. They have also agreed to reimburse the city for all attomey's fees associated with
amending the current agreement. They would like to be able to get a building permit tomorrow, and before
they can issue the permit for a site plan that requires access from city property, he needs Council
concurrence of the cross easement agreement. Wachter moved seconded a motion to approve the
cross easement agreement. Aye: 5 Nay: 0
Contract #94 -Q7. Public Safety fiiiq::grad g :; f : Work. Public Works Director
Colbert indicated this is a change order:: iii:: t; hte ::86ripilt*:0E::$14,734.76 which increases the contract to
excavate the basement for the new police department addition. They encountered an underlying bituminous
surface of an additional 3 -5 inches that no one was aware :tif::and resulted in an extra cost to have the
contractor to remove it. Also, more trees had to be cleared arid::grubbed due to the difference in contours.
Masin moved, Egan seconded a motion to approve Contract #94 -07. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES; JULY 19, 1994
PAGE 16
discuss school boundary changes.
Community Development Director Rei'i;#iert.:11. d t d'she contacted the post office relative to getting
the mail postmarked Eagan instead of St. Paula . 'Tfie y •tofd her that it goes to the main office in St. Paul
where it is stamped, and then it is sent out to the different routes. The bulk mail comes to the Eagan post
office.
Reichert updated the Council on tho:$tlnar.property prappsal; and the Kulas property relative to the
requirement of building a retaining wall. 1.4 Wi #Cy*.;arnd:niif0tous verbal agreements are involved and
Ms. Kulas would like the city to help her out on this::: :Wachter:eiiti Egan stated they don't know what the
city can do for her. Awada stated she feels people•iieed to take::responsibility for their problems and stop
looking to govemment to solve their problems. DlsaCUssion followed concerning potential liability if the city
gets involved in this. . .
Public Works Director Colbert stated h received: r from the developer of the Mann Movie
Theater indicating they have excess material on the site and would like to go beyond the limits of the plat
and move the material to fill some low areas on the site. They would like to move it tomorrow and it needs
Council approval. He feels this is a reasonable request; however, he would like to place a condition on the
approval that they install a proper driveway apron for the access road for the neighboring ten story building.
This was required of them before, but was Councilmember Hunter stated he concurs with the
condition; however, the city should be prepared . do a cease and desist order if they ignore it again.
Wachter and Awada concurred.
Public Works Director Colbert noted tti on Wild4rres t Run Curve, there is a large tree located
three inches from the curb that has been hit::by ::sn wplow several times. The curbing needs to be
removed, and if the tree is to be removed;: :ahoufd be done with the removal of this curbing because it
needs to be ground out. It is located on itslk right -of -way, but the property owner strongly objects to the
removal of this tree. The contractor needs to know very quickly whether this tree should be removed.
Wachter stated he would like to save the tree, but feels it is hazardous at that location. The city could be
held liable if someone hits it. Egan concurred. The consensus was to remove the tree.
Administrator Hedges stated that .he .arIci the. be going to the MLC meeting tomorrow.
There will be a meeting Thursday to discust it irn:yisibn, and Friday there will be a meeting to
Hedges stated he received a letter informin8:the city ttiat.the application for a Minnesota Economic
Recovery Fund Grant was approved in the amount: :tif $250,0Q0or Lowell Industries, Inc.
Hedges noted he is trying to streamline information coming to the Council and has informed
department heads to funnel their information to him through the informative memo. He feels a lot of
Information is coming to the Council at different times and It gets overwhelming. Some discussion followed.
Hedges noted that the Council will be meeting in ari a ecutive session following this meeting on
some pending litigation, but noted that the Council could prgt!ide direction relative to the Sergeants Unit.
Awada moved, Hunter seconded a motian:tp . acoept relative to bargaining with the
Sergeant's Unit.
Mayor Egan indicated he will be meeting with Byrott:prower at 11:00 a.m. tomorrow relative to
sludge coming out of the Blue Lake Plant and being processe at the Seneca Waste Water Treatment Plant.
Counclimember Masin requested th at a thank you letter ..be sent to Rod Grams for requesting that
local governments be allowed to participaiS:*.a telecommunib,itions discussion.
Masin noted that over 200 trees will 6641iO4*d16i the Royal Oaks development. She finds it
appalling that developers don't make an effort to save more trees when putting in new housing
developments.
With no further business to conduct, the City Council meeting was adjourned to executive
session at 12:04 a.m.
Date