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08/02/1994 - City Council RegularREGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING August 2, 1994 6:30 P.M. I. II. IV. i 4 B. r & c. r g D. 1 p E. / F. P:( H. 14 2.(, 1. P J. „Let K. L. 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 VII. g A. VIII. P , (00 A. (04 B. p . ( (qc. (2 D. Ix. 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. ■ 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. 3 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 17 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. 8 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 1l 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. z 0 F- E 0 L.l..J uJ W J _ —sue — L OF 1.1 • 1 In al 1D Nv3S r • .LL .tt00 M 1 1 1 •1 in • _Li ce.a • ma 1 0 0 kj W 0 r 1 O r rtw 1�f • 0 sine lon •al Mao• y r 0 tt 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. �3 \ \ , \ y `. v A 1-iiiiiii I 1 t _ - _-ti. -? T>� I -' ' `, 1 - \ i 1 i V ' +/ t / �' v.,_ sA \ L• .t 4, � � k i .--�jt �, N N • 1 BURR OAKS PARK NORTH IMPROVEMENTS 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. La' C. WL •UTWIN ROAD OAK POND HIL 1. 5 PARK TRAPr r4 g4 r PA AA 9 DIifLEY RIC CAMP BUTW /N S W DOSE 1 city of eagan PUBLIC WORKS DEPARTMENT • s a 1 (120M ST w u STOr� {— cr CI LL_cA L ANTE Cd« SE PROJECT NO. 94 -R WATERVIEW ADDITION VACATION REQUEST (CAROL STREET) I?OT H !80 500 900 6 • VACATION REQUEST SITE ET w approved. -- 4P( 441 - 48( standard plate #: 1 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. 8 W O U 13 2 I I DDDD _ R_ of y 9 4'411•‘4. \ \ < , S rw. F S of R� Ctir T N y /Ch�gk iv 1:, _ , r (N 4 'O �A, , i' - "% 4r /cy i q4 tiD 12 15 5 t 4 4 77/ 3 3 , � 99 2 S)6! 16 l itTERVIgw R� TRAIL .-30. oo I.fooeol' Si ' 500eo,' "E LAND TO BE VACATED NORTH 0 100 200 SCALE iN FEET a`i �l� . `�Y4 LAND TO BE VACATED t o > > ti 0 • 0 uj 0 O EASTEf1�0A D N c0.9 ✓ Of DDDD LY __ — Of W nY LIRE 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 ? �- (� t-r �—�- �' T ,3 , Lti- 2 Ow Lc7" a b1k a Ar' d [tics % o ! ffP �N7c�'e 11�r�'r �{ � 4 CCt ss TC C�lrc'C 57-Ye c ti S 9 /Ues 41e ,'e 7` .4cc -6e;owciAry or -00 d d 7 - C cc s S ! D J`�c �d .�'/d (A), Lt LOS S -E� GL� �4 � � �', ! c.0 i4 aid , T /o..0 -7- y c e 77) 7 D t �. 'Pr d cl rd j eA is" k) o / 1,1/4 �� c✓ . � U n� �Al v 'iv / MY � t/ / r ` 7-?v ez0 -e ✓ NrPdf �et G 0 r V e- r y r! Stu /d B C 7 ceL) I--/ U P�Tie .�S - /, S ( i n ( 90,N? - ra P 6Se J�'c ( e /k)07- (-01v0[_ Ore F s e^:70 rz�y LLB ,4 7-Q e L e O r r ' t /1 7, T e;-L) b u s 7 e moo, d ,eci 1141/Z / d da c ,v7Fc ( -77) f ec" 141U 3, is 7ill{ 7 i44 Cc Ce r N l 7- j? -6 rd r r (6 � nt re.) 747 d /Verl wN (V K' d s �,, 16 g.-e ,� rr� -,�y� - - -re) i7( y 'M o AQL /5 C L o Se'cl .54 e4/1 Gv c , udT C .v c -r✓ ry e N 717-7-a_ C / i r e - / � 4-7/1 � (.r°7z • t�� r / 7 0 0- e C 7 e- ccJ14ti f 70 3 F - c / T S Or c'7 ,4 C Ji d lti� e "'S 740S city oFeogon 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 Q J e v 4 4-S ZZ 0a ■O ou e 4 - CAL..( S T w � . . .l— C. a.•.�c T� Q o J 12.0 �L 0Or4 1 o CI 1✓ sr. eft T M■t..r Mw CV Ws p.i...✓J l T -itt n pwl,rtwi►.{ 1. S .: 1 0 VD. R � S t .. a{ A (4 s T o P14 EvIAAIeN .- 1V4Ctus 4b4- ir k - Ta C_."vt -4. p I L3 W--...- v i .i• •t ` - Lw -Tom• L .,,s - A 'rt. Ow p 4 C • 1 r. ■ S T tt i= c h� w 13' I *n_4 c �...M S 0 1 \-..Q Ct 1t44- r o p4 64 f A. cy1'.. C 4... 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. .7.- Z(/L.'ui, Eva., Jurxe, 1 7e.A. ar , aJ,tt Z 12;P:r d fie. t L- k Inc. unz/v C i . c1.42) "rot ze. l t, r CA-Li .LrL it gat a/ac./ — L. rh , La L vrn .te- c.arne., out , a nc1 that w a' o77 LA. a, A .cn W I LA, it .1.1c71 true does) ..tom cut it a-1 er»anr,,fa , ' Lid , 1- '�T " � p C .G� vaJ. it oA .7-2, - ��n� P `'" °t . .� vata y a✓ �� Cane 4.6) �vP .Ln � -*led a -.� t tL .0 i ; ,oJ a'u.G� Gt tt ,tAiii.¢... L — o � atc� �. J`)crrr are e, ,c-n D) . t lJccfe�c -Ecat G tc�ott�.[,c7v , ..� -rtg, -thtt )A, c.uci-b ALtant dlntim i s?eta, C2A1-0 cut arr a Avv. ur;11J be, tete .1->-).2,)- j ern ' Ti, &ota • 0r, , crn thLJ 4 m .; cii,,,w k cult avn £ ter 30 mph .aio -9•Ct . Qi rn.c . 171 L t) azt ct a aJ Cur) uta oink 1+a) , a,na� 2h r. Can , 02 f-latke.J CL/11.• 11)071/ . M , IrCer74.0 01.4.0 Att. .th. IT --Car, .cam a, e zz.ct 3- wa,� ,ems► a r, �c' Wa.ttn LA ur .,C elelat: v • S(, Ylathz, gm ,fl,-a, Ri-d 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 tAI'IO•, IHott Ci•otl, 111ntfitr ftterflno le the',r•.4N reel th.000f..cl•A 141 7133, of lM ,ctrl, tl t of .ef lint of food t•oo end test Ott ft Platte/ Cott !t•ttt crotch II►+ wthr 1 et the wtlr It • ttht of n,l el Slot. t,.,1 tl r,. 1 r. 3. ►.rM t. test eat foot, lett, et follow,. tw.ntlot tt tN twr►aett furor of lee t. Itect 1, two Il[r 400 10•• Islet! tort', 6 11^et•ett, tete to IA. rt•rh1 plot to• t "tote r •e rle•.I bte of I-.th h te1•te fit •Ir,ttt et 1•trtlt tart .tone toe fitter,' •■ttnrle^ of teIe tot I, a eUtooce et ISE e7 Ito,; oh0000 M•'t1 ale •.p.fi el •Ie.ter !I taco -• test a dt. t• ^n of 111.1e loot to tht plot of Mtleet.1 .1 Ili tei4 to be f•lerl3`11; th.•ce teotl•,I- .eats /O Ire 01 ..,t.i St ',tent, tett • /torte of ! ee+ (oft . the .o•t.erl rlthl }: 01 o.y II.' of Cotel St••et et el•llM etlhle thf it.I el e74 COQO 'UV 1 111111 1 1 1 ; Pfnef ee.th IS d•r•es Y •L•1►g 33 ..tree Pelt 11«rt tort teethrll flrf If Per It lt of 311 p hot; Mto.t motel if oe•ral el r •et•+ 11 Otte - is Veit a 01 114 , ce of JO.pI fretsi th/n.o So.th 11 tepees So •tretes et leteode Lett pref1.1 to 0.11 tttth.•tr "et H 7 " Itoo • Ntte"tt OF 11e. se tort to Mi 'OM of het 1.1 •.t eM.e t---- 3.33 gyve, ow, i IMr. POND Valk 371131 t• K t•tltttl a e T 1 2 V nOAD LAND TO BE VACATED "'Po k + 0 N OnIr r too Zco U E.aLE tN FEET O O • 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 p1S1111% MP= C ►R[ ENGINEERING: ENVIRONMENTAL MUNICIPAL ?LANNlNO STRL'CTURA( SUR■EVING Tii A:t ;C 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 (o(e3 3 1ENDR ST. LAKE ii � a u RIit ,�, c 3 J ai• DONA\- PT. JI db ti BIRC 4POND CO E 7 1P)WK 1-10v o a ASlst ST 1111 ca it i GREENJOD , 41-1 c DR. J ac , �C 39.< • . • W J CT. S- �0 w A. z Ce 0 OF ROYAL LJ OAK - � P L VIOLET ca 3 W/1 1 l7 PA AVE i r / / e rn : A. � c 1: : V RD, I l /Il BLaosAv J R1t LAKE plot a �Z. z a r • u NDRVEST CT. X ENGLERT RD. I II J CRESTRIDGE LA. N CI � A�, • � � KOl IS a o EA ' � Y BR q AUN C ti U 11ESCOTT ROCKY C $TER W ROJECT S ce DUCK 40 � � P �hfL LE •r DEERRIDGE DR. a W t9 n 5L 52. 0 RD•> ).- c.)1 a �DEEFCLS WINDCRESt AVE. 4- lONT a LA. oc La LA. a a ✓ LA. J CO J m Y 1 P 4 CIR. ANE AVE. DAVENPORT CIR. 11 CELLO AVE. AVE. =VC BRIE EA008EX Ab Z F c^ a d , DWF' W DR' RD. 6. LODESTONE DR PL 7 COUNTRY CREEK WAY 8. LODESTONE CIR. B L Q c k �v P. o , V Kl GS CUTTERS LA. dM� L. 1R. f OSA - PADDOCK CTg� APP v DR. g T , Q. U VILLAS OF VIOLET LANE CITY OF EAGAN PROJ. LOCATION l.I> HIGH SITE DOODLE RD. TAH act.: CT H " FLIC CIR. STAD i V . TIMBER' • DE rP RK WESCOTT fS �g lf l✓ EKKODO4 city of eagan 8'STUB FOR 1 FUTURE DEVELOPMENT • v r a • LEGEND: tommommemt - - - MB t t t -- ■ • ■ INSTALL 4' SANTARY SEVER SERVICES OFF COSTING B PVC SANITARY SEWER INSTALL 4'SAMTARY SEVER SERVICES TO Mf114IN S' OF BUILDING EXISTING SANITARY SEWER PROPOSED SANITARY SEWER PROPOSED SERVICES RQ NMI VILLAS OF VIOLET LANE CITY OF EAGAN PROJ. SANITARY SEWE EA008EX YAL OAK CIRCLE 1ST ADDITION VRX E 1 city of acigci n i LEGEND: 1 EA008EX -r STUB FOR FUTURE CONNECTION 1 1 — PROPOSED 30" WATERMA N (S' Nri. COVER) FOR FUTURE WATERMAIN ONDE 1" SERVICE TO — PROPOSED 6" WATERMANN EXISTING HOUSE (7S heN ■) 1 1 ROYAL OAK CIRCLE 1ST ADDITION ... 7� 1 1 1 11 4- -'- r - EXISTING WATERMAIN PROPOSED WATERMIAN PROPOSED WATER SERVICES VILLAS OF /� EAGAN VIOLET LANE CITY 1 OF EAGAN r P O J. WATERMAIN PdSTALL 1" WATER OFF COSTING r WATERMARI TO WITHIN S' OF BUILDING I. EN� 04 city of corn 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 EA008EX EXISTIN POND IP -2 NWL =846.0 HWL =851.5 LEGEND: / BRUSH ' REMOVAL VSA =TIC DMZ PROPOSED STREET IMPROVEMENTS .................... ................... ............ PROPOSED SIKALE PROPOSED STORM SEWER PROPOSED STEET LIGHT LOCATION VILLAS OF VIOLET LANE CITY OF EAGAN mow. No STORM SEWER, AND UGHT1NG ROYAL OAK CIRCLE 1ST ADDITION ENKDBOT rr city of aciga n ROW 14' VSL ROME MIMS IN val 16' it EAGAN MOUNTABLE CONCRETE CURB & GUTTER EAGAN STANDARD PLATE 500 • THICKNESS MAY INCREASE DEPENDING ON SOILS REPORT 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 6' CLASS 5 AGGREGATE BASE - 100% CRUSHED QUARRIED LMAESTONE • ROW 6 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 Win DMUS EA008EX VILLAS OF VIOLET LANE CITY OF EAGAN PROs. ASSESSMENT F . 1111-0-411D-11 FM a 1 1 1 LEGEND: 010 -06 •1-40-1111-111M1 MI1-01.-.0-411 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 Post -ft" brand fax transmittal memo 7671 fof peps , - F . 'h a , Q4 `_. - Fr"' CO ., D Rum* f M: Ca - y Fax 06 - 30 -94 08:18AM FROM CITY 1;AGAN �¢ ALk �+: 1s er6e42444 As 0 06 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 L 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. m o e mo' Z bbl . o0 0 ` 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. ��Z - f( MEN/' LONE OAK RD /�— OUARRr S = PARK (!RIDGE -r H /6HIYE II /'ARK ItOUTHR ,E AvE TINT 5Itt Li'L r lilrt r Jrl CI -- _t6f vl.ttJF. iR SKTLINE rAlti)it'' ARICE CONA A4 pAF wEw n NW t 0 0 NW CORPORATE 1` CtAJ^ORA1E - CFNUER CURVE 1, AVaLON AVE V . I. I tO • •w ■ ■ ry I TAMARAC rI rI 2 - Bt RCIJ ri 5E 3 NORr1Af r 4 - r0f6SI Rmr-E J A 5 - IRONW00r LW 1'" 6 - REDWOOD Pt crR,rr rf YANKS D000EE 11 - t Ir --- r - sue �I i , n. 1G:G .nit I! CEATRICE N C ROAD ! JC'/1'f Ic. i 1 9 � C /I TS NW KENNETH 1k (f.trNC7(\ SW r.I'y '-7 Ct 5 71A 0:7 N . 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IQ ww t rgq .44 "cii5 L 1l1 vs linr sir I1 0 ,111 13110 Ili dal 1r1 11111111 VII lig 1 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 $10,925 Lateral Benefit Water S.F. 16.50 /ff 65.05 ff 1,073 Lateral Benefit Sanitary S.F. 18.60 /ff 65.05 ff 1.210 Sanitary Sewer TOTAL 113,208 (3� OATH CASK LL GLEN E '° iRE DEPT• COMM. CI i ��1 p, • or,5 c EsTaroGE n. — E A 1E5 _I NMo gK all O tin , Clio NII S Pr Pt 1?/' !b1 rlrr (J� \ IC_INO_ No 301 . z 4 £q) NILIS ! OCATIOi J 40. _ :1 — r -. IL ar. 4 1 A R e n „ `t R -4 j - ; PK PK • IIEt t rry A a dr ( p . FU • P .s' vahl, 11:11 Irorgo, - R -2 A IlLUI A _ . _et owns -I 1 CI • ' "PK R I Nip 2 ez. - irmt71 1 :. got • are • 'k •Ah n ; iti "■■• I' HV•F R-1 PD I Biwa ur- SC W OOL on R - .. • Irfit p W SCrODZI. f •Sf :R • I IF 7 0 11 1 1 1 G A GUIDE PL ALIJT PK �- -q — - _ I7 ° 1 II; - i,v• i7 _ U 1 1 w..-- .\' . ,',18 ■ N e 1 u t, —. I_ _ 11 0 i r 1., , ,' _ ••••••••••• R 11 1.• _ . `i . , � i 41 a .. P , , , i. tk II ij kf I. 1I1 III1. DAL E n, IND 41 j fra :, _s_ - • f • 1 1 11 woo •••,. • 'r ..N , <. (5L( 3 M ry� I1 � AR i = r\ NI r\ u PII,I • • cr ', 1 Scale: 1 iamb • 100 feet Psa1ialaar7 Platt Omar - Developer I 11w. N/ te.elt a,M Rw, Ms^•F el«,. ir Moose es., MsM•.l M was et( woe* any Iwee4 w.R.s.$Ye^ s',O OW 1 ten s e04 f1.Nne,el tool Weans ewes OM Wes M Do et.. .4 Odlone,el. Dosed 06 -15 -94 C3 V M N n ° DELMAR H. SCHWANZ VMS .....o., .,t - tr LINNO NO sr e.. W raper 1147110 110014 ROBERT TRAIL POSE YOUw . ∎1410e60TA MOM 91$/41>IMMO KORA al CERTtiICATE PRELIMINARY PLAT: F /ALA ADD /T /ON _ M.}@ Nttif l 3C 2 Y O o ry t: f/ - 1 Avow ,Slat Pilo DEERw699 55 -- 482 -2 - 4 Wiz. 4i I � � T roj+ead Dra rise i Dtility Wseesata a r 1 501'5524V 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 fb#Im.r 14 Ses..ont IYw.e,I, 11 spMSO 000 . Ns Eer1 Sheet 1 of 3 5 ese I Prepoeed 6 Present 6aeiag. w4O fl '53 l 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 0.4 I eon • •••• It.►.er•.•A leer' Neve►a r.Fr 9.e *on N /toe Ili. CO Mlre.••n■ DELMAR H. SCHWANZ ••••O saris• ere emoomm• I_ I. e, r roe em wirer. 14111 /OUTN ROSMT T1{Atl RO/EIe01J 4T. MIMRIOTA //n /1L411 SumVE?OR'S CERt.FICATE PRELIMINARY PLAT: F /ALA ADD /T /ON h I I I I ,� 1 \ I / / ' f ), �� ` 11I �i 1' _ I r 1 . ' 1}y ? / '. \ ' % / i - \ \ - i - _ _ 7 -, — r 1 . ,‘ I 1 1 r , , j,,�.�' \ , �M+f { ' -1 1 �/� A Ai/iii, ,/ ry, . 1 i' " 1 / 'h, / •/�/ / / /I / 111 11 I1 t h f uI � \., \ ;� . / M I• I Li e.''/ /; -. �'._ : \\` ' ;' //, i ►l ' . I IC 4T+TT / / \ ��= ` /', -' _ I` ~ 15"G � / n , • r (� 1 1 1 ,1` 111 , r y 111 ,t , I 1 ' � 1 l I � "' - c 1 am ^ : 1 l r � _ \ h site plan for proposed l 1 will be submitted at the time of ea application for • building permit. T.•.r...r 11 /M.ent I. 06 -15 -94 --- b s. Rapseee f ami Revived 06 -30-94 Sheet 2 of 3 I- t I `. }_ - � J .. - -- , / t.n_ ' ` - - 1 -.^ 1 I 1 1 / \\ \ I P I 1 1 1 1 I � I /� 1 I I 1 II t 1 , \ ■ I I ,y L 1 1 I 1 ( l',, 1 III / !1j I \11 I \ \ \ 1 1 11 1 lll 1 I I \ \, . I, • 1_, • I • \I \ I I ~\ J _ f / ; : v 7?' ` DEER*O8D / . , DI V E ' ' • • f34 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 Scale; 1 inch 100 fast 1 Ise /I/by e'. I11 n..I 11.I .■••►T 0010 IP ..M•1 -.. 1.•Mr•e te .N rtes. my IbM M.pn.INe..ne We 1 ••• • •••• r/.fils.«.d l IMO Priors. .wN. • N., .4 M. 11•11 N Mi.myet. DELMAR H. SCHWANZ 1.0e .I.■••a -. MC •171E SOUTH 110801T TaAlL 1101IMOIMT. •dq[$OTA MEIN Itlrel$.1TM /U11VEYO11't CE11TIi1CATt PRELIMINARY PLAT: F /4LA ADD /T /ON r 16 Invert 063.61 -Nr, 2 Or 3 DEERWO00 DR 13� 4 t,.1wrr I1. $el..w.t 06 -15 -!4 1tt.ww.•r nsomnmse 111 SNI S i Sheet 3 of 3 2 < preess ..> esewctad to city utilities ciTY HALL 1 7 •b JP-5 • 823,8 834.0 r t CITY OF If r tfi Pri 1 5 844,0 845 24* JP- 1119. U30. 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 ••• ••• ., .• •••• •, ..•.*••• , 4750 $OUT•/ noatnt taAIL eIOSEMOUNt, YINNESOIA Mien 0IEi4r 7 $tRVEYOfl a CERTIFICATE F /ALA ADD /T/ON �` /" -- MieHE -- � OEERW000 1 Yf 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 N N 2 ! o p t , L q� �_ . — — _ I I 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 ✓� / MICHEt t 2 6 -,p! DEER wOOB FINANCIAL OBLIGATION LEGEND Lateral Benefit Sanitary Sewer 41 * Lateral Benefit Water 4 Sheet 1 of 3 Storm Sewer Trunk 5 /9,9vo �E9 °�5rc DRIV Agenda Information Memo August 2, 1994, City Council Meeting ADDITIONAL ITEMS ............................... ............................... 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. i �3 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 $ISO feels that some work needs to be done on the timing of the signals at the intersection of Silver Bell 1344 and Highway 13. He would like to see Knoll Ridge Drive extended to connect with Ashbury Place. Thesirea is somewhat landlocked and feels that would help. Public Works Director Colbert indicated he did take a look at Knoll Ridge Drive, and it is heavily wooded beyond the dead end, and would take considerable grubbing and clearing. He isn't sure if it is park property, but it is not possible to do that work in conjunction :with the Blackhawk project. If the Council wants to extend Knoll Ridge Drive, they could authorize a fear bility report. Usually, a petition of at least 35% of the affected property owners is require0; : jX4: Mis.sRuat {o0 is unique. Regarding access, he worked with the contractor and they have provd0:10:0 ss?v:;B a Oss Road. Opening Silver Bell Road is a significant concern of the contractor as they feel it would bee safety hazard. Councilmember Hunter suggested a field survey be done of what the project would entail. Egan and Wachter concurred. Wachter suggested the Public Works committee could look at it also:Egan indicated he would like to know the changes in the traffic plan projections for that area. - .:-:.:-:.:.:.:.:.:-:-:.:.:.:.::::•:•:•:•:•:•:• : • " • • ' • * EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 ::::.:•.• ::::.:.:- PAGE 2 IXP41t PIT HEAP 1400iss,$ 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. .•:-:•:•:: :::•:.:•: 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 :•:•:•:•: .:•:•:•:. 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. •.•.•.. 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 $11,318.17 to Capital Indemnity Corporation and authorize the acceptance of the improvements for perpetual maintenance subject to warranty provisions and authorize the Mayor and City Clerk to execute all related documents. I. Reschedule. Request by Linda and Bqi66: 111:to:tf0Aied*Refuse Pick-Up. It was recommended to continue this to the next meeting. :::::•.• .•.•...• .•.•.•.• J. Resolution for vacation of Egan's Carriaae reOptilmended to approve the vacation of the Egan's Carriage Hill plat subject to the approV.4:of the .:Pakota County Board of Commissioners acknowledging the City Council's July 5, 1994 resolthlan and aiithorize staff to issue building permits to the County. • • • K Modification of Fire Department C.I.P. for purchase of Heavy Rescue/Air Supply Vehicle. It was recommended to approve modification of the capital improvements program for the purchase of a heavy rescue/air supply vehicle by the Fire Department as present.:: L Final Plat. Blue Ridae 3rd Addition. It was reommendedto approve the final plat for Blue Ridge 3rd Addition. Awada moved, Masin seconded a motion to approve.The consent agenda. Aye: 5 Nay: 0 Pkii=f1WINGS' PROJECT 656, CEDARVALE ACCESS IMPROVEMENTS EAGAN CITY COUNCIL MINUTES; JULY 19, 1994 PAGE 4 and T.H. 13. Mayor Egan introduced this item as roject 656, Cederv.ele Access Improvements, Silver Bell Road Administrator Hedges explained that thi to a petition received from Cedarvale Merchants Association. He added that the Cedarvale Merchants Association made a financial contribution to the city to proceed with a study and feasibility report that would address access improvements to the Cedarvale area. The Engineering Department looked at different scenarios, including connecting Rahn Road to T.H. 13, as well as different configurations:.#x ..Rue,.Road, and overall Cedarvale access. The feasibility report has been submitted. He fiot #:t#ia he:tecefve$ 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