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06/07/1988 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JUNE 7, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA &,APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT �.� 1. Retirement of Arrow (K-9) B. PUBLIC WORKS DEPARTMENT 3 1. Approve Lease Agreement, Sperry Reservoir Radio Communications Antenna (Aid Signal Inc.) 19, (a. 2. Ratification of Water Conservation/Restriction Request (Sprinkling Ban) IV 6:55 - CONSENT AGENDA (PINK) p,i3 A. PERSONNEL ITEMS (co B. LICENSES, Plumbers 17 C. LICENSE, Charitable Gambling, July 2-4, 1988, Eagan Hockey Assoc PARADE PERMIT, Eagan Lions Fourth of July Celebration LICENSE (Temporary) Non -Intoxicating Malt Liquor, Eagan Lions Fourth of July Celebration VACATE Utility Easement, Receive Petition/Order Public Hearing (Blackhawk Ponds Addition) .2 `1 G. AGREEMENT REVOCATION, Turnback of County Road 63 (Dodd Road) rQ '�S H. I. 1989 BUDGET, Black Dog Lake Watershed Mgmt Organization PROJECT 445, Cancel Project, Oakwood Addition - Utilities & Streets ' �; J. FINAL PLAT, Eagan High School Addition J 1 K. FINAL PLAT, Harvey's Heritage Addition 33 L. FINAL PLAT, Town Centre 70 - 9th Addition .5.5-M. FINAL PLAT, Fairway Hills 2nd Addition 37 N. FINAL PLAT, Eagandale Center Industrial Park 10th Addition 39, 0. FINAL PLAT, Lexington Pointe Second Addition y"1P. FINAL PLAT, Cedar Cliff Commercial Park 4th Addition 1CA3 Q. PROJECT 542, Receive Petition/Schedule Public Hearing, Alden Ponds - Streets r' and Utilities (Will be Continued Indefinitely) q -3R. PROJECT 543, Receive Petition/Order Feasibility Report (Extension of Sibley Hills Drive - Prettyman Heights V. 7:00 - PUBLIC HEARINGS (SALMON) 0,0 A. PROJECT 515, Dodd Road Overlay 1iB. PROJECT 480, Final Assessments (Eagandale Ctr Ind Park - Overlay) 4 C. PROJECT 501, Final Assessments (Eagandale Center Industrial Park 8th Addition - Watermain) (sD. PROJECT 474, Final Assessments (Eagandale/Lemay Lake 2nd �Addition- Supplemental) p . 0 E. PROJECT 532, Field Stone Trail (Bridle Ridge 2nd Add State Aid St) p F. PROJECT 535, Carlson Lake Lift Station Upgrade (Storm Sewer) COG. PROJECT 539, Eagandale Center Industrial Park 10th Addition (Utilities) ff. OLD BUSINESS (ORCHID) yp 04 A. PRELIMINARY PLAT EXTENSION, Bur Oak Second Addition A 10.0. ORDINANCE AMENDMENT, Picketing in Residential Neighborhoods (i3C. ORDINANCE AMENDMENT, Section 5.02 (f), Suspension or Revocation of License to Sell Alcohol ', . ORDINANCE AMENDMENT, Development Standards/Subdivision Regulations ,��E. PRELIMINARY PLAT, Crystal Ponds/ASP Construction, of 13.7 R-4 (Multiple) Zoned Acres for 137 Apartments Units, Located S of Hwy 55 in N1 of Sec 12 D. J•ZEE. VII. ORDINANCE ORDINANCE ORDINANCE ORDINANCE NEW BUSINESS (TAN) AMENDMENT, AMENDMENT, AMENDMENT, AMENDMENT, Chapter 2, Chapter 4, Chapter 4, Chapter 5 Issuance of Citations Temporary Off -Site Sign Policy Certificates of Survey for New Construction , Clarification of Transfer Section of Liquor Licensing Provisions ORDINANCE AMENDMENT, Chapter 5, Clarification of Use & Possession of Beer and Malt Liquor in City Parks ORDINANCE AMENDMENT, Chapter 5, Removes Restriction on 5% Multiple Ownership from Off -Sale of 3.2 Beer ORDINANCE AMENDMENT, Chapter 9, Expansion of Prohibition on Parking of Vehicles For Sale SPECIAL PERMIT, Welsh Companies. Inc., Temporary Sign in SE Corner of Lexington and Diffley, NWS of Section 26 WAIVER OF PLAT, Zachman Brothers Construction. Inc., To Allow Individual Ownership, Lots 4 & 8, Block 1, Cinnamon Ridge 6th Addition VARIANCE, United Mortgage, Hills of Stonebridge, 10' Variance from the 40' Setback off of Elrene Road, on Lot 31, Block 6, Hills of Stonebridge ENVIRONMENTAL ASSESSMENT WORKSHEET, Bridle Ridge 2nd Addition, Negative Declaration of Need REVISION TO PLANNED DEVELOPMENT, Pondview Addition, Benson -Orth Associates, Inc., To Withdraw Multiple Residential area from Pondview Planned Development, Located West of Pilot Knob Road and East of Hwy 35E in SES of Section 16 PRELIMINARY PLAT, Eagandale Lemay Lake 3rd Addition, Opus Corporation/NW Mutual Life Insurance Company, 8.1 Acres Within Eagandale Lemay Lake 1st and 2nd Additions Consisting of one 2.3 Acre Lot and Outlot, and CONDITIONAL USE PERMIT for Pylon Sign and other Conditional Use Requests for Business Uses, Located South of Lone Oak Rd and West of Hwy 35E in N1 of Sec 10 PLANNED DEVELOPMENT AMENDMENT, Robert J./Grace M. O'Neil, Detailing Proposed of Yankee Doodle Road Uses Within O'Neil Planned Development Located North and East of Hwy 35E in S1 of Sec 10 COMPREHENSIVE GUIDE PLAN AMENDMENT, Lexington Land Co, 3 (Townhouse) Acres to Planned Development District Mail Ctr Along Lexington Ave in SES of Sec 10 ADDITIONAL ITEMS (GOLD) PUBLIC IMPROVEMENT CONTRACTS CONTRACT 88-16, Receive Bids/Award Contract (Lexington Square Storm Sewer CONTRACT 88-12, Receive Bids/Award Contract (Eagan High School - Utilities) CONTRACT 88-6, Receive Bids/Award Contract (Braun Court - Streets) CONTRACT 88-10, Receive Bids/Award Contract (Eagandale Center Industrial Park 9th & 10th - Streets and Utilities) CONTRACT 87-39, Approve Change Order #3 (Fire Station #4) CONTRACT 88-22, Approve Plans/Authorize Advertisement for Bids (Miscellaneous Projects CONTRACT 87-25, Approve Change Order #2 (Braddock Trail/Elrene Rd) CONTRACT 87-26, Approve Change Order #2 (Wescott Rd) CONTRACT 88-3, Approve Change Order #1 (Northview Park Road) PUBLIC WORKS EQUIPMENT UTILITY MAINTENANCE PUMP, Receive Bids/Award Contract VEHICLE #143, Street Maintenance Vehicle, Receive Bids/Award Contract (Miscellaneous Plow Equipment) VEHICLE #144, Street Maintenance Vehicle, Receive Bids/Award Contract (Front End Loader) PRIVATE IMPROVEMENT CONTRACTS CONTRACT 86 -JJ, Final Acceptance (Trails of Thomas Lake - Streets & Util) ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not on agenda) ADJOURNMENT and REZONING of 57, R - Located South of Bulk ti MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 2, 1988 SUBJECT: AGENDA INFORMATION FOR JUNE 7, 1988 CITY COUNCIL MEETING APPROVE MINUTES ADOPT AGENDA After approval is given to the June 7, 1988 agenda and regular City Council meeting minutes for the May 16, 1988 meeting, special City Council minutes for May 23 and May 26, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. POLICE DEPARTMENT: Item 1. Retirement of Arrow (R -9) --The City Administrator is requesting the retirement of our police dog, Arrow, once Officer Bob Hawkins leaves his employment with the City during the month of June. Officer Ken Conyers has recently completed the City of St. Paul's K-9 School and, as a result, will have a dog accompanying Officer Conyers beginning this month. Our Police Department operates under the team philosophy and it has been the objective of police management that each team have an officer on patrol or on call with a trained dog. Typically, the City has had one dog which requires an officer to be on duty with his or her team and on call when he's off duty with the other team. The next school for K-9 training will be held in March of 1989 and it is the request of Operations Captain Ken Aszmann that we replace Arrow next year. For additional information on this item, refer to the attachment found on page �. . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the retirement of Arrow, our K-9, from official police use during the month of June, 1988. l city of ecigcin police department JAY M.BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain KENNETH D. ASZMANN Operations Captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 26 May 1988 TO: Tom Hedges, City Administrator FROM: Ken Aszmann, Operations Captain SUBJECT: OFFICER HAWKINS and ARROW Tom: VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk Jay, Pat and I have discussed the possibility of training another handler for Arrow after Bob Hawkins leaves us in June. I spoke to Officer Jim Long, Lead Trainer for the St. Paul P.D. K-9 Unit. He told me that a five year old dog is question- able for re-training; a great deal would depend on the new handler as well as the dog itself. Also, I was told by Officer Hawkins that he recently learned that Arrow has two soft vertebrae in his back which is not a good sign for a street dog. I called Dr. McCabe, the veterinarian who takes care of Arrow, and he stated that in his opinion, Arrow should not be re-trained with another handler because of the back problem. He felt the dog would be a bad risk for the city. I discussed this with Officer Long and he advised me not to re-train Arrow. The department would like City Council approval to retire Arrow when Bob leave us and to allow Bob to keep him because of the obvious attachment between Bob and the dog. We would like to request another K-9 in the 1989 budget for tha same reasons outlined for the current year. Thank you for your consideration. Kenneth D. Aszmann KDi\/vk THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo June 7, 1988, City Council Meeting APPROVE LEASE AGREEMENT, SPERRY RESERVOIR RADIO COMMUNICATIONS ANTENNA B. PUBLIC WORKS DEPARTMENT Item 1. Approve Lease Agreement, Sperry Reservoir Radio Communications --The City has been approached by Air Signal, Inc. requesting consideration for the installation of a radio communication antenna network on the Sperry Reservoir. In 1977, the City Council authorized the use of the reservoir for lease options of radio communications network. Subsequently, the lease agreement enclosed on pages y— // was prepared by the City's radio communications consultant, Dr. John Dubois as well as a detailed engineering analysis of the proposal providing technical requirements of the installation to insure against any possible interference with the City's radio communications network. The lease provides for a ten year term renewable with five year options at an annual rental lease of $4,320.00 per year. The City has previously authorized the installation of a private radio communication antenna network for the Unisys Corporation at the same facility. The staff has reviewed this concept and find it acceptable if approved by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/modify a lease agreement for the installation of a radio communications antenna network on the Sperry Reservoir for Air Signal Incorporated. LEASE CITY OF EAGAN THIS AGREEMENT is made this day of , 198_, between the CITY OF EAGAN, Dakota County, Minnesota, hereinafter called Lessor, and hereinafter called Lessee. In consideration of the terms and conditions of this agreement, Lessor and Lessee agree as follows: 1. LEASE PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, an area on top of the Lessor's elevated storage tank located near Pilot Knob Road in the City of Eagan, Dakota County, Minnesota. The specific area on top of the tower will be mutually determined by the parties to the Lease. It is understood by the parties that this is a non-exclusive Lease and that other areas on top of the Lessor's elevated water storage tank may be leased to other entities. 2. TERM. The term of this Lease shall be 10 years, commencing as of the date of execution of this Agreement by Council action and expiring on the same date, 19 Upon expiration of the initial term, this Lease shall automatically renew for successive periods of 5 years unless either party serves written notice upon the other party sixty (60) days prior to the expiration of this Lease or any extension thereof. This Lease may be terminated at any time by either party upon ninety (90) days' written notice to the other party at the end of which time the Lessee shall have removed 4(f all equipment from ,the demised premises and shall have made all necessary repairs. In the event the Lessee fails to remove the equipment and to make necessary repairs within such time, the Lessor may do so and bill the Lessee for all such costs incurred. In the event of a default by Lessee under the terms of this Agreement, Lessor may give Lessee a thirty (30) day notice in writing to correct such default and if the Lessee fails to do so, then Lessee must vacate the premises and comply with the removal provisions of this paragraph 2. 3. RENTAL FEE. Lessee shall pay to Lessor a rental fee as determined from time to time by the Eagan City Council. Said fee shall be payable in advance each year with the first payment due upon the execution of this agreement. Each payment thereafter shall be due on or before the first day of each year. The annual rental fee for the first year shall be $4,320 per year. 4. USE. Lessee may use the demised premises only for the installation, operation and maintenance of a communications antenna. Lessee shall have access to said premises for purposes of installing, repairing and removing the antenna, provided that Lessee shall give advance notice to Lessor of any installation, repair or removal, and shall undertake such work only after receiving approval from the Lessor's Public Works Director. Lessee further agrees not to do any act which will interfere with or endanger the proper use of the elevated water storage tank. Lessor at all times reserves the right to take action it deems necessary to maintain, repair, alter or improve the premises and to temporarily suspend the Lease and remove Lessee's antenna and equipment in order that such work can be done. s 5. OPERATION AND EQUIPMENT. Lessee shall install, operate and maintain its equipment in accordance with all applicable Federal, State and City laws, regulations and ordinances, and in accordance with all City technical site standards. Lessee shall operate said antenna so as not to cause interference communications transmitting or receiving equipment on the premises or not. This equipment shall be in the minimum site standards attached as Exhibit "A" with any other whether located conformance with dated July 1987. It is further agreed that Lessor in no way guarantees to Lessee non- interference with the operation of Lessee's equipment. 6. UTILITY SERVICE. Lessor will allow Lessee, at Lessee's cost and expense, to connect its equipment to existing utility services to the extent they are available for Lessee's use. Any additional utility service necessary to initiate or maintain the needs of the Lessee shall be provided by the Lessee at Lessee's fuLl cost and expense. Lessor thereafter agrees to furnish and pay for the cost of such utility services, not including emergency power, provided that Lessee shall be responsible for all repairs or alterations to utility equipment arising out of the use of the demised premises by Lessee. Lessor shall not be responsible for any damage due to the interruption of utility service. 7. COST AND EXPENSE. Lessee shall install and maintain all equipment at its sole cost and expense and upon removal of said equipment Lessee shall be responsible for restoring the surface, wherever attachments have been made, to its original conditions, normal wear and tear excepted. The parties agree that the antenna and any incidental equipment shall remain the personal property of the Lessee and shall be kept in repair by Lessee. 8. PERSONAL INJURY AND PROPERTY DAMAGE. Lessor shall not be liable to Lessee for any loss or damage due to personal injury, property damage, or imperfect or unsatisfactory communications experienced by Lessee for any reason whatsoever. Lessee shall be liable to Lessor for any loss or damage due to personal injury or property damage occasioned by, growing out of or arising or resulting from neglect or omissions of Lessee or it's agents. 9. INDEMNIFICATION. Lessee assumes and agrees to indemnify and hold harmless Lessor and its respective officers, agents and employees from any liability and expenses (including reasonable attorney's fees and other costs and expenses of litigation) with respect to worker's compensation benefits or for damage on account of injury or death to Lessee's employees, occasioned by or arising in connection with the use of the demised premises, and to any and all claims for bodily injury or death or property loss or damage sustained as a result of Lessee's use of the demised premises. 10. INSURANCE. Lessee shall obtain and carry liability insurance in such minimum amounts as the City deems necessary from time to time, to cover injuries and/or damages resulting from the use of the demised premises by Lessee and such insurance shall name Lessor as an additional insured. At the time of the commencement of the Lease, the insurance should be at least $300,000.00 per person, $500,000.00 per incident, and $100,000.00 property damage. Such insurance shall be maintained at all times during the term of this Lease and shall be evidenced by certificates of insurance to be filed by Lessee with Lessor prior to using the demised premises. 4 'I 11. AMENDMENT. This agreement shall be amended only upon the written agreement of both parties. 12. NOTICES. Notices shall be sent to the parties as follows: Lessor: Lessee: CITY OF EAGAN Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55121 13. SUCCESSOR OR ASSIGNS. All of the terms, covenants, obligations and conditions hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, provided that Lessee shall not sell, assign or sublet any interest hereunder without the prior written consent of Lessor. Dated: APPROVED AS TO CONTENT: (Dated: ) CITY OF EAGAN By: Director of Public Works Its Mayor By: APPROVED AS TO FORM: Its City Clerk (Dated: City Attorney THIS INSTRUMENT DRAFTED BY: HAUGE, EIDE & KELLER, P.A. Attorneys at Law 1260 Yankee Doodle Road, #200 Town Centre Professional Bldg. Eagan, MN 55123 (612) 456-9000 Dated: By: Its: 4 STATE OF MINNESOTA) ss. COUNTY OF ) On this day of , 19 , before me a Notary Public within and for said County, personally appeared VICTOR L. ELLISON and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. (S E A L) sl EXHIBIT "A' MINIMUM SITE STANDARDS Towerview Road Reservoir Water Tower Antenna Site, Eagan, Minnesota July 1987 By John R. DuBois 1. All equipment must be housed in an RF tight, metal enclosure that provides at least 60 dB of attenuation to any internal RF signals. Desk -top base stations and open racks cannot be used; additional shielding kits may be required. 2. At least 30 dB of isolation for 450 and 20 dB of isolation for 150 MHz be provided; a harmonic filter transmitter between the antenna and Additional filtering and isolation considered on a case-by-case basis. MHz and 800 MHz transmitters and 40 MHz transmitters must must be provided on the any ferrite device used. may be required and will be 3. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis: additional protective devices will be required.) 4. Only jacketed, solid dielectric cable, such as Heliax, will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or 1/2 inch Superflex. RG/8 or any other single shielded cable will not be allowed. 5. Proposed transmitters that will cause intermodulation products on existing not be permitted on the site. frequency as an existing third intermodulation product at the site, the site. third order or fifth order receiver frequencies will A receiver with the same order or fifth order will not be permitted on 6. All transmitters must have band pass cavities that will provide at least the following attenuation of side band noise: 40 MHz band: 150 MHz band: 450 MHz band: 800 MHz band: 15 dB at 1 MHz 15 dB at 1.5 MHz 15 dB at 2.5 MHz 15 dB at 10 MHz 910 7. Each cabinet must be identified by the owner's name, address and FCC station license; it also must have the name and telephone number of the responsible service agency. 8. Prior to approving any application for antenna space at the site, an engineering study will be conducted for the City, consisting of at least the following items: a. Intermodulation interference calculations of all transmitters and receivers known to exist in the area at time of application. (Study will include 3rd, 5th and 7th order two -product terms, and A + B - C, three -product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations. d. Analysis of AC power requirements. e. Report to prospective site users regarding application. Agenda Information Memo June 7, 1988, City Council Meeting SPRINKLING BAN Item 2. Implementation of Water Conservation/Restriction (Sprinkling Ban) --Due to the delays in completing Well #8, the inability to accelerate the completion of Well #10, the major reconstruction of the Pilot Knob Road and related trunk utility lines, along with the unusual hot and dry Spring recently encountered, the City's ability to maintain an adequate reserve supply of water in our reservoirs resulting from an excessive demand for vegetation irrigation, required the implementation of a water conservation/restriction limiting outside water usage to and odd/even system. It is anticipated that Well #5 will be repaired along with Wells #8 and #10 being completed and activated by the middle to later part of June thereby allowing this water restriction to be lifted no later than July 6, 1988. News releases were provided and related publication and announcements were provided by the major radio/T.V. and newspaper medium. In addition, individual flyers were distributed throughout the community on June 1st with an informational supplement being provided to all property owners on June 5th. With the implementation of this water restriction requirement, the water storage has quickly stabilized insuring our ability to provide a continuous and adequate supply of water throughout the community during this drought period. Additional information can be provided by the Director of Public Works as necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the implementation of a water conservation/restriction on outside water usage to an odd/even system from June 1st to approximately July 6, 1988. 12 Agenda Information Memo June 7, 1988, City Council Meeting CONSENT AGENDA There are eighteen(18) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Resignation/Part-Time Clerk Typist/Community Development Department -- On May 23, 1988, the City received a letter of resignation from Adeline M. Foley, the Part -Time Clerk Typist in the Community Development Department. Ms. Foley gave the tradi- tional two week notice to the City. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Adeline M. Foley and to authorize advertisement to fill this vacancy. Item 2. Seasonal Summer Recreational Program Employees -- Fol- lowing interviews, it is the recommendation of Recreation Super- visor Nowariak and Director of Park and Recreation Vraa that the following persons be hired as seasonal staff persons for the 1988 summer recreation programs. Returning Staff New Staff Denise Anderson 2nd Year Nick Ayotte Kristi Belew 10th " Bonnie Blood Jennifer Blanchard 2nd uKathy Gustafson Janelle Bonner 5th uAngela Jenkins Lisa Carlisano 3rd nAmy Johnson Shelly Carroll 3rd Stephanie Link Kathy Chase 5th Patsy Neary Paula Eaves 3rd Angela Ogren Liz Eul 4th t,Shannon O'Hearn Justine Epple 2nd Jill Osiecki Kathleen Fletcher 10th " Jason Forde 2nd " Rachelle Jirik 5th " Lisa Lundquist 5th " Michelle Meyer 2nd " Christine Polta 2nd " Christine Schultz 3rd " Deborah Spoden 2nd " Kristin Weeklund 5th " ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of those listed as summer seasonal recreational program employees. L3 Agenda Information Memo June 7, 1988, City Council Meeting Item 3. Permanent Utility Maintenance Workers -- The City of Eagan received twenty-seven applications for the position of Utility Maintenance Worker (two positions available). Thirteen applicants were invited to the Eagan Municipal Center for a writ- ten test. After testing, six applicants were interviewed by Su- perintendent of Utilities Connolly, Utility Supervisors Heuer and Schwantz and Administrative Assistant Duffy. It is their recom- mendation that Marc Ruhn and Richard Robohm be hired as permanent utility maintenance workers for the City of Eagan, subject to successful completion of the City's physical examination require- ment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Marc Ruhn and Richard Robohm as permanent utility maintenance workers for the City of Eagan, subject to successful completion of the City's physical examination requirement. Item 4. Seasonal Utility Maintenance Workers -- After inter- views, it is the recommendation of Superintendent of Utilities Connolly that Eric Reynolds and Andrew Dornseif be hired as seasonal utility maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Eric Reynolds and Andrew Dornseif as seasonal utility maintenance workers. Item 5. Seasonal Summer Forestry Aide -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Shannon Nelson be hired as the seasonal summer forestry aide. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Shannon Nelson as the seasonal summer forestry aide. Item 6. Contract for Parks Building Janitorial Services/Dakota, Inc. -- Dakota, Inc., is a private, non-profit corporation with over 20 years experience in assisting persons challenged by dis- abilities to find work. These disabilities include mental retar- dation, cerebral palsy, epilepsy or autism. Through contract, Dakota, Inc., provides workers to perform various tasks in government and private industry. Parks and Recreation Director Vraa, Superintendent of Parks VonDeLinde and City Administrator Hedges are recommending that a contract be approved between the City of Eagan and Dakota, Inc., to provide janitorial services for park buildings. Dakota will designate work crew employees and will provide training and supervision. Dakota will also be responsible for salary, including withholding and benefits and all personnel matters. Funds are available in the Parks budget for this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract for janitorial services for park buildings between the City of Eagan and Dakota, Inc. 14 Agenda Information Memo June 7, 1988, City Council Meeting Item 7. Informational: Accounting Intern & Seasonal Draftsperson -- In official action at the last City Council meeting, the City Administrator was authorized to approve the hiring of an account- ing intern and a seasonal draftsperson. For the Council's infor- mation, the persons so approved were Kimberly Vitale as the ac- counting intern and Matt Peick as the seasonal draftsperson. NO ACTION I8 REQUIRED ON THIS ITEM. I5 Agenda Information Memo June 7, 1988, City €ouncil Meeting PLUMBERS LICENSES B. Plumbers Licenses --There are six ( 6) plumbers licenses in order for renewal. These licenses meet the regulatory requirements of the City Code. Enclosed on page ?'1 is a list of the licenses as applied for. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of plumbers licenses as presented. PLUMBING LICENSES JUNE 7, 1988 1. AAA Abbott Plumbing & Heating 2. Aaron's Plumbing 3. Andreasen Plumbing & Heating 4. B & D Plumbing & Heating 5. Podany Plumbing 6. Tom Tix Plumbing & Heating Agenda Information Memo June 7, 1988, City Council Meeting CHARITABLE GAMBLING LICENSE C. License, Charitable Gambling for July 2 - 4, 1988, Eagan Hockey Association --The Eagan Hockey Association has made application for a pull -tab license under the provisions of the charitable gambling authority for July 2, 3, and 4. The president of the Eagan Hockey Association is Tom Johnson and the manager's name for the pull -tab license is Dennis Carstens. The application is in order for consideration. For a copy of the application, refer to page 1C\ ACTION TO BE CONSIDERED ON THIS ITEM: To approve a charitable gambling license for the Eagan Hockey Association to allow pull - tabs on July 2, 3, and 4, 1988. 3 Minnesota Charitable Gambling Control Board Room N475 Griggs -Midway Building 1821 University Avenue St. Paul, MN 55104-3383 (612) 642-0555 - INSTRUCTIONS: 1. 2. 3. PLEASE TYPE LAWFUL GAMBLING EXEMPTION FOR BOARD USE ONLY Submit request for exemption at least 30 days prior to the occasion. When completing form, do not complete shaded areas until after the activity. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be returned with an exemption number added to the form. When your activity is concluded; complete the financial information, sign and date the form, and return to the Board within 30 days. Organization Name �a �1 • /��J/) /may/ ,/� ` ✓ JV /C ' / CAe Lf ` ! `el Ciel) O" / Number Number of Members 2elo License Number tensed) and/or of currently or previously permit number. Address /6 5 8' �aiK1.T I City I 7a,P1 State ,/f/l13"...172 Zip Z my �/ c{KoY� Chief Executive Officer's Name � epviz _ G. =Aft saA/ Phone (C12)`Z/.S2r 1 7 Manager"s Name Den41 3 Ca 71e. At, s" Phone Number (6lz) 6 Z'8'-aesSi Type of Organization ILI Fraternal 1.1 Veterans 1 Religion >Other Nonprofit Organization Attach proof of three years existence. If Other Nonprofit Organization (Check ❑ IRS Designation ❑ Incorporate with Secretary ❑ Affiliate of Parent Nonprofit One and attach proof of nonprofit status). of State Organization Name of Premises Wheruvrty Will Occur ' 7Q Il 4 4h-!� rt 2 ' 4 , / 1 !C./ Premises Addresseceirc City IStM2 oaLit Gross Receipts Game Bingo Raffles Paddlewheels Tipboards Pull -Tabs Use of Profit Yes ?c. No Zip bounty Expenses and Cost of Prizes 722- ;! /cc: Profit Datels) of Activity, drawing(s) 2.17,1/r iQ Market Value of Prizes Distributor From Whom Gambling Equipment Acquired Distributor's License No.' I affirm all information submitted to the Board is true, accor- ate, and complete. Chief Executive Officer Signature ' I affirm all financial information sub itted to the -board i true,. accurate, and corn. - Date Chief Executive Officer Signatur Date ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and will become effective 30 days from the date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifi- cally disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. CITY OR COUNTY TOWNSHIP Name of Local Governing Body (City or County) L° t r or= 64-il Township Name (Must be notified when County is the approving body) Signature of P6.rson eceiving Applica;ion t thz lir%/t7 Title /-t ^ OM/d Nis7;e r/✓e` /4.5-r Signature of Person Receiving Application Date Received 4 ? 71'1 Title Date CG -00020-01 (6/87) White — Board Pink — Organization Canary — Board returns to Organization to complete shaded areas. Gold — City or County Agenda Information Memo June 7, 1988, City eouncil Meeting PARADE PERMIT/FOURTH OF JULY CELEBRATION D. Parade Permit for Eagan Lions Fourth of July Celebration --Dr. Don Clark, on behalf of the Eagan Lions Club is requesting a parade permit application for the annual Fourth of July celebration. For a copy of the parade permit application and ordinance regulation, according to section 7.07 of the City Code, refer to pages ,. through ca ACTION TO BE CONSIDERED ON THIS ITEM: To approve the parade permit application on behalf of the Eagan Lions Club for the Fourth of July Association celebration. 0 Permit fee: $25.00 Date: 5-24-8S- 1, CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PARADE PERMIT APPLICATION Clark, Dr. Donald C. Clark NAME Last First Middle , hereby make application for a Parade Permit for July 4th, 1988 from date the City of Eagan. The sponsoring organization is: Fagan Lions Club 1260 Yankee Doodle Rd Fagan Name of Organization Street Address Fagan Md 55123 City State Zip Telephone 454-6367 Describe the route, the length, estimated time of commencement and term- ination and the general composition of the parade: The parade will start at the corner of Rahn and Beu'd'Rue, it willtravel along Rahn southward to Rahn Park. The parade will set up at 9:0OA , start at 10:OQA and will finish approxametly at 11:30A. The parade will consist of marching units commercial andresidential floats Eagan Firetrucks celebrating their anniversary and Eagan dignataries. • Authorized Signature: ( /J fit,. —Q. e_ --Q First Full Middle Last The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions. He shall make arrangements for alternate routing of traffic and any other traffic control measures. His findings will be presented to the City Council. The Council may ,deny or grant the permit, and/or add conditions including a date,time or route. For City Use Only: Police Approval: Yes (7) City Council Approval: Yes No ( )(w signed U date ( ) No signed a� SEC. 7.07. PARADES. Subd. 1. Definition. The term "parade" means any movement of vehicles, persons or animals, or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder. Subd. 2. Permit Required. It is a misdemeanor to sponsor or participate in a parade for which no permit has been obtained from the City, and it is also a misdemeanor to obtain a parade permit and not conduct the same in accor- dance with the permit granted by the City. Application for such permit shall be made to the City Administrator at least fifteen (15) days in advance of the date on which it is to occur and shall state the sponsoring organization or indi- vidual, the route, the length, the estimated time of com- mencement and termination, the general composition, and such application snail oe executea by the individuals applying therefor or the duly authorized agent or representative of the sponsoring organization. Subd. 3. Investigation. The City shall forthwith refer all applications for parades to the Chief of Police for his consideration which shall take no longer than seven (7) days. If any County or State trunk highways are in the route the Chief of Police shall make all necessary arrange- ments with the appropriate authority for alternate routes or whatever may be necessary. If the Chief of Police finds that such a parade will not cause a hazard to persons or property, and will cause no great inconvenience to the public, and if he is able to make arrangements for necessary direction and control of traffic, he shall endorse his acceptance and return the application to the City. If the Chief of Police finds the parade described in the applica- tion to be a hazard, a substantial inconvenience, or if he is unable to make adequate arrangements for direction or control of traffic, he shall return the same to the City with his findings. Subd. 4. Council Action. The City shall refer the application and results of investigation to the Council at its next regular meeting. The Council may either (1) deny the permit, (2) grant the permit, or (3) grant the permit with conditions, including a date, time or route. Subd. 5. Unlawful Acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly or any person, animal or vehicle participating in the parade. B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. Subd. 6. Exceptions. This Section shall not apply to (1) funeral processions, or (2) a governmental agency acting within the scope of its functions. Agenda Information Memo June 7, 1988, City Council Meeting LICENSE/EAGAN LIONS CLUB NON -INTOXICATING MALT LIQUOR LICENSE E. Temporary License for Non -Intoxicating Malt Liquor for Eagan Lions Fourth of July Celebration --The City has received an application from the Eagan Fourth of July Association in the name of Robin Norton, requesting a non-intoxicationg liquor license from June 30 to July 4 at Rahn Park. The Police Department has reviewed the application and has checked their approval. A copy of the application is enclosed without page number for City Council review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an application submitted by the Eagan Lions Club for the Fourth of July celebration for a non -intoxicating malt liquor license to be used at Rahn Park from June 30 - July 4. �3 Agenda Information Memo June 7, 1988, City Council Meeting VACATE UTILITY EASEMENT/RECEIVE PETITION/ORDER PUBLIC HEARING (BLACKHAWK PONDS ADDITION) F. Vacate Utility Easement, Receive Petition/Order Public Hearing (Blackhawk Ponds Addition) --During the platting and development of the Blackhawk Ponds Addition, it was discovered that the existing trunk utility line is located outside of the previously dedicated utility easement. While the existing alignment will be incorporated in a new easement description dedicated with the final plat, the old easement alignment should be vacated to eliminate any encumbrances on the newly proposed residential lots. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a utility easement (Blackhawk Ponds Addition) and schedule a public hearing to be held on July 7, 1988. AGREEMENT, REVOCATION/TURNBACK OF COUNTY ROAD 63 (DODD ROAD) G. Agreement, Revocation/Turn Back of County Road 63 (Dodd Road) --The last phase of the previously approved County Road turnback program involves the revocation of County Road 63 (Dodd Road) from Wescott Road and Trunk Highway 3 to Diffley Road (County Road 30). As a condition of this revocation and turnback to the City for perpetual future maintenance, the County will be eliminating the sweeping curve at the south end near Diffley Road and will also be extensively patching and repairing prior to the placement of a 2" bituminous overlay with reconstruction of gravel shoulders and striping along this entire segment. The appropriate agreements have been reviewed by the Engineering and Street Maintenance Divisions of the Public Works Department and found to be in order with previously approved conditional requirements of the turnback program. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the agreement providing for the revocation and turnback of County Road 63 (Dodd Road) and authorize the Mayor and City Clerk to execute all related documents. a� Agenda Information Memo June 7, 1988, City Council Meeting 1989 BUDGET/BLACKDOG LAKE WATERSHED MANAGEMENT ORGANIZATION H. 1989 Budget, Blackdog Lake Watershed Management Organization --In accordance with the joint powers agreement that the Cities of Eagan, Apple Valley, Burnsville, Savage and Lakeville entered into to create the Blackdog Lake Watershed Management Organization, the WMO is required to prepare and submit to each of the cities an annual budget for ratification before implementation. Enclosed on page �(o is a copy of the budget adopted by this organization. Due to the small drainage area and related assessed valuation in relationship to the overall watershed district, the City of Eagan's share (0.4%) is $224.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed 1989 budget for the Blackdog Lake Watershed Management Organization. 05 4s BLACK DOG WATER MANAGEMENT COMMISSION 1989 ADOPTED ADMINISTRATIVE BUDGET 4/13/88 REVISED 5/11/88 WMO CONTRIBUTION TO GEOLOGIC ATLAS $ 2600.00 CONSULTANT SERVICES 5000.00 WATER QUALITY MONITORING 31000.00 INSURANCE 2000.00 LEGAL 1500.00 AUDIT 1500.00 ADMINISTRATIVE SERVICES 4000.00 CONFERENCES/PUBLICATIONS 1000.00 CONTINGENCIES 7400.00 TOTAL $ 56000.00 Agenda Information Memo June 7, 1988, City Council Meeting PROJECT 445/CANCELLATION OF PROJECT (OAKWOOD ADDITION -STREETS & UTILITIES) I. Project 445, Cancellation of Project (Oakwood Addition - Streets & Utilities)-- On July 2, 1985, subsequent to the preliminary plat approval of Vince Kennedy's Oakwood Addition located north of Lone Oak Road and west of Pilot Knob Road, the Council approved the installation of streets and utilities within the subdivision in response to a petition by the Developer. Due to the Developer's inability to secure all easements necessary to allow the final plat to be completed and the project initiated, he Sas let his preliminary plat approval lapse. Enclosed on page is a letter from the Developer requesting that the City cancel this project and remove all pending assessments associated with it. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel Project 445 (Oakwood Addition - Streets and Utilities) and remove all pending assessments of record. a'1 Mr. & Mrs. Vincent Kennedy 1415 Lone Oak Road Eagan, MN 55121 April 19, 198B "r. Thomas Hndnes Loan City ..klmini ntrator 3930 Pilot Knob Road Eagan, MN 55121 RE: Proposed Oakwood Addition 117CT LI 41.s - Dear Tom: I have recently been informed that the City has placed pending assessments against all land that was proposed to be included in Oakwood Addition. Because we were not able to get easements from certain neighboring owners, we have not been able to proceed with the final plat since the application first was submitted in 1985. We intend to resubmit an application in the near future. We are asking that the City Council authorize the removal of the pending assessments against all land intended to be included in Oakwood because it is our understanding that the preliminary plat approval has lapsed. cc: Thomas Colbert Thank you. Mr. & Mrs. Vincent Kennedy a9 (: Vii,. C, Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/EAGAN HIGH SCHOOL ADDITION J. Final Plat Approval, Eagan High School Addition --The City has received an application for final plat approval for the Eagan High School Addition located between Diffley Road and Northview Park Road adjacent to Braddock Trail as shown by the plat contained on page 2_50 All conditions placed on the Preliminary Plat approval by Council action on 11-5-87 have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for the Eagan High School Addition and authorize the Mayor and City Clerk to execute all related documents. "EXHIBIT A" 1 EAGAN HIGH SCHOOL ADDITION . a•Y "1 OC �. i ... .� OC' ON , 11 AYMNOIN 1 OW +yt ,—i1VIC , rte•.: Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/HARVEY'S HERITAGE ADDITION K. Final Plat Approval, Harvey's Heritage Addition --Staff has received an application for the Final Plat for the Harvey's Heritage Addition located south of Fish Lake between Pilot Knob Road and Drexel Court as proposed by the sketch enclosed on page S 2 . All conditions of Preliminary Plat approval by Council action on August 18, 1987, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for Harvey's Heritage Addition and authorize the Mayor and City Clerk to execute all related documents. - riC•tr ,'; ; ii -. i;;I i, 8 • 2' l!2 !! I 4.1 Iii""ir 11 ' 1; :1 -Ni,, t; 1 21 os :: ii-%:. :711-°iiil !. : li IR 2" ..1"-T• 7 .! i i: 1%44 0 .10.r.`••• ii n I i: I < L. ,-..::!•!!;i 1! i ; ii ... r• •4•1 ‘i a! a ei := 1 0 • .2 % 1 4 t S.I.H 513 H 21 I .Lkincros x3 a 11.48.8•1.011 ..... • i"." 1' ." "' ... "A ;To— ."' '.' 21 r--- 7•717a— — L '. l',.• I 1 J•.; I r: 11. 1 : II i. el 4 31 ii "I 1 1 1 • L_ _.L. tel•!_ _ — I1 ..r.1 , •l rst" — — 1.7 ---." 1 % 4. 1 1 , /.' ) / I / 4.! IC • • •• •• •• /"......• / li •- : l: / A' .b? / .1 ".• —•••••"" .".' —"—I V: il• • P 7;.' I tI Ift% • • :I ! • ,../ / t ••/ ( / * ••• o,r '77•4 111 • V • • • — ;:" .• 11 00.9.1 A.00IP .011 • ID ••••••• ••• my... Moo... 1- 0(.1 ec 116 s. • o r.: I • r:. 1 1 • • ..... • • ••• • •••• ••••••••-•-"""".."''. Cr) CC • J • 1 al ijjl 7. • Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/TOWN CENTRE 70 - 9TH ADDITION L. Final Plat Approval/Town Centre 70 - 9th Addition --The staff has received an application for Final Plat approval for the above development (Pizza Hut) located between 35E and Town Centre Drive north of tihe Car Care facility as shown by the sketch enclosed on page 3 All conditions placed on the Preliminary Plat approved by Council action on April 5, 1988, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for Town Centre 70 - 9th Addition and authorize the Mayor and City Clerk to execute all related documents. .f' ii 3 3 ce k `e3 it :V i s I lit 1 :;3i F is i 1 7% i !}I 1ti °i o a Li 3 -5 �i 3 3 ! I : Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/FAIRWAY HILLS 2ND ADDITION M. Final Plat Approval, Fairway Hills 2nd Addition --The staff has received an application for Final Plat approval for the Fairway Hills 2nd Addition located between Parkview Golf Course and Pilot Knob Road just south of the 1st Addition as shown by the sketch enclosed on page ,')(Q . All conditions placed on the Preliminary Plat approval by Council action on September 1, 1987, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for the Fairway Hills 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. r.w .q ��� .ems ���~M• • �t ` _ ..1 .. m' .� Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/EAGANHALE CENTER INDUSTRIAL PK 10TH ADDITION N. Final Plat Approval, Eagandale Center Industrial Park 10th Addition --The staff has received an application for Final Plat approval for the above -referenced subdivision (Knox Lumber) located between 35E and Lexington Avenue just north of Lone Oak Road as shown by the sketch map enclosed on page a$ All conditions placed on the Preliminary Plat approval by Council action on April 19, 1988, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for the Eagandale Center Industrial Park 10th Addition and authorize the Mayor and City Clerk to execute all related documents. 3') "EXHIBIT A" CNZ 3341:1 ., ON :i37d 37'Q'�%TU73 3.nN13nv NOJ.9NlXi' .'s 8 (2t, ON (IVOu� B )...LiNlO7 y. m. _ .m+.�." as ...'"""r..":32. 29 -SOY °'51/31 If 90B.ti+3�LS.f2.0 9 �ti ;m m Or CIS 9 _. - .» T. ;.` I-0:11 6 ie 1 p S E r �'a `o Id 4 s s � JJ Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/LEXINGTON POINTE 2ND ADDITION O. Final Plat Approval, Lexington Pointe 2nd Addition --The staff has received an application for Final Plat approval for the Lexington Pointe 2nd Addition located south of Diffley Road and west of the Northview Mea ows development as shown by the sketch enclosed on pages Z-�(�—[ . All conditions placed on the Preliminary Plat approval by Council action on May 19, 1987, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for the Lexington Pointe 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. (9 u )4; S ErS9'17•E 99 0-5 120.49 \‘ (a 2. \ SZI'‘40306 "0 C'! \ I\\ ...... ..- \ ,a,, k.........\ 1 1 •., \ vt !,,\ % t -\\I *3 •\ 1.-- -- 1 , I \ zi. . ...... _A —. :_•:;:. w ‘ ..,,.: \•., i - .--1 I -,-..1t; \N-4, '"; ----'.1 — — A t i 0 1 i ol I--• 1 1 i 1 " do 0 c.i ::e< . POINTE c4.7 tv 1,..: j S 14'26' 30* WI 711:1) -4--- 252 98 / ct<3 -.;r•e„.•,.• • t „ s AVM.* - 40 • 4t.e9 / 1 -. -. --,, -,4, / e .;',// \-4.--41, 1-.. •!'',/.. ,....,i, // P) . ...„•-- ..r." '42, 41/0a.\-ri'4' e• ,,„ ,-. \p .r • ''',> -'" \ co.,, \ ... ..„-- ' \ **-•:-/-\ .\.„, .„. , ,........ -,4 • 0.)c., :.,' \ to /.• \ 1.,\ ?e> \ la ,$) v" ' 41 ... // / .4 `,!.• ,,,,I, ...• : ..s.,4\ V (..) \ %-N .4. 0 cs I I+ 0 V .4. r-• al ••• r — 77; +1,4" Zs - a) i L • • • r • N 9* 19'51' W 149.10 e . • ar- g31,4 N 10* 2 4' OS' W 206.61 14 0 1- 0 NO* icr 14?� r CO X W z Z O • ,;2, WEDGW0D0 TRI -LAND SURVEYING COMPANY, INC. Agenda Information Memo June 7, 1988, City Council Meeting FINAL PLAT/CEDAR CLIFF COMMERCIAL PARK 4TH ADDITION P. Final Plat Approval, Cedar Cliff Commercial Park 4th Addition --The staff has received an application for Final Plat approval for the Cedar Cliff Commercial Park 4th Addition located north of Cliff Road and west of Scott Trail as shown by the sketch plan enclosed on page All conditions placed on the Preliminary Plat approval by Council action on January 5, 1988, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be :Ln order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat :Eor the Cedar Cliff Commercial Park 4th Addition and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo June 7, 1988, City Council Meeting PROJ 542/PETITION/FEASIBILITY REPORT/ALDEN PONDS Q. Project 542, Receive Petition/Order Feasibility Report (Alden Ponds - Streets & Utilities) (Continue Indefinitely) --Although the developer of the proposed Alden Ponds subdivision located east of Coachman Road and south of the Four Oaks Road extension has petitioned for the preparation of a Feasibility Report for the installation of internal streets and utilities, it is inappropriate to consider the petition prior to formal Council approval of the proposed Preliminary Plat. Due to the recent continuances at the Planning Commission level of this subdivision, it is recommended that this petition be continued indefinitely until such time as the Preliminary Plat can be brought to the Council for formal consideration and action. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of a petition for Project 542 (Alden Ponds - Streets & Utilities) indefinitely. PROJ 543/PETITION/FEASIBILITY REPORT/EXTENSION OF SIBLEY HILLS DR PRETTYMAN HEIGHTS R. Project 543, Receive Petition/Order Feasibility Report (Extension of Sibley Hills Drive - Prettyman Heights) --As a condition of the Preliminary Plat approval for the Prettyman Heights subdivision located east of Rustic Hills Addition and north of Lone Oak Road, the developer has submitted a petition requesting the City to upgrade the extension of Sibley Hills Drive to provide access to this proposed development. In addition to the petition, the developer has guaranteed all costs associated with the preparation of this report if, for some reason, the project is not approved at the time of the public hearing or the development does not proceed to Final Plat approval within the required time frame. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 543 (Extension of Sibley Hills Drive - Prettyman Heights) and authorize the prepartion of a Feasibility Report. v3 Agenda Information Memo June 7, 1988, City Council Meeting PUBLIC HEARINGS PROJECT 515, DODD ROAD OVERLAY A. Project 515, Dodd Road Overlay --On April 19th, the Council received a feasibility report and scheduled a public hearing to be held on May 17th which was subsequently continued until June 7th to consider various options for providing a more permanent surfacing to Dodd Road fro( Cliff Road to Farm Road. Enclosed on pages Lf5 through is a copy of the feasibility report discussing the alternates and merits of this project. Also enclosed on pages �:.) through (,,CD is a report prepared by one of the affected property owners in support of this project subject to consideration being given to increasing the quality of the project and the City financial participation. The Assistant City Engineer will present the details of this proposed project and, along with the Public Works Director, be available to answer questions and provide additional information as necessary. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this continued public hearing on June 7th. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 515 (Dodd Road Overlay) and if approved, authorize the preparation of detailed plans and specifications. Report For Dodd Road Surfacing From Cliff Road to Farm Road Eagan, Minnesota City Project No. 515 May, 1988 qc sty ©1 eag n 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 MAY 2,1988 HONORABLE MAYOR AND COUNCIL CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN. 55122 RE: Dodd Road Surfacing Improvements City Project No. 515 Dear Mayor and Council: VAC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk Transmitted herewith is the feasibility report for Dodd Road surfacing improvements. The report identifies two alternatives for providing dust control of the existing gravel surfaced Dodd Road. Sincerely, ichael P. oe sc/IC h Assistant City Engineer MPF/jf I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. omas A. Colbert, P.E. DATE: S=/L Reg. No. 12049 THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 4--(o PROJECT 515 DODD ROAD SURFACE IMPROVEMENTS FEASIBILITY REPORT SCOPE The project identifies two alternatives for providing "dust control" on Dodd Road between Cliff Road and Farm Road. FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering standpoint. To maintain the lowest possible overhead, City staff will design, inspect and perform all administrative tasks. Since there is no past precedence or policy for this type of project, two alternatives are presented for consideration at this time. Both alternatives identify feasible solutions to the concerns raised by the petitioning residents along Dodd Road regarding dust problems. DISCUSSION The City of Eagan received a petition from 17 of the 27 residents along Dodd Road between Cliff Road and Farm Road. The petition requested that bituminous surfacing be provided to control the dusty conditions which are prevalent along the existing gravel surfaced roadway. Presently, "dust control" maintenance consists of a twice annual (Spring & Mid Summer) application of calcium chloride as a part of the General Street Maintenance Program at an annual cost of $6,613.23 ($0.31SY) for this section of Dodd Road. In determining the feasibility of some type of bituminous surfacing, the existing condition of the subgrade was evaluated. Four areas along the roadway were identified as having stability ratings which would require correction if a permanent street section were to be constructed. The ability of these sections to support a bituminous overlay or double seal coat for an extended period of time is unlikely. These deficient subgrade stability areas will result in additional future maintenance expenditures which presently are not incurred. The petitioners requested a 24' wide bituminous surface with gravel shoulders in lieu of concrete curb and gutter. The existing gravel surface of Dodd Road is approximately 24' in width. To provide a 24' wide bituminous surface and a 2' gravel shoulder along each side would require additional expense for shoulder grading which is unnecessary at this point to address the purpose of the petition. 4 a� An alternative to providing bituminous surfacing in the form of an overlay would be to provide a double seal coat. A double seal coat would not require additional shoulder regrading and would accomplish the "dust control" which the residents are requesting at approximately 1/2 the cost. This alternative will also require additional maintenance in the future but will provide for the petitioned "dust control". Three things need to be considered when evaluating overlay versus double seal coat and are identified in the following table: INITIAL COST LIFE EXPECTANCY MAINTENANCE FREQUENCY OVERLAY $40,000.00 7-10 years Start in year 5. SEAL COAT $19,000.00 3-5 years Start in year 3. PRESENT DUST CONTROL $ 6,500.00 1 year Every year. In summary, in considering the expense and life expectancy of any improvement including an overlay versus double seal coat, the question of when the affected areas will request or require the installation of public utilities must be considered. The South Oaks Addition to the north of Cliff Road has recently petitioned for permanent street improvements and public utilities under Project 536. The Manor Lake Addition to the east is presently being developed with City standard streets and utilities under Project 520. ASSESSMENT AND CONSTRUCTION AREA NW 1/4, Sec. 36 028-25 027-25 030-25 010-26 040-25 020-26 050-25 011-27 030-26 012-28 020-27 011-28 030-27 020-28 040-27 030-28 050-27 060-27 040-28 4, (tg Parcel Description NW 1/4, Sec. 36 continued 050-28 070-27 010-51 SW1/4, Sec. 36 010-51 020-51 030-51 Moroni Addn. Lot 1, Block 1 Lot 2, Block 1 Dodd View Addn. Lot 1, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 032-03 040-03 CCST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report. The total estimated cost for bituminous surfacing is $39,808.95 which includes contingencies and all related overhead. The total estimated cost for a double bituminous seal coat is $19,007.70 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS Assessments are proposed to be levied to all adjacent property owners on an actual improvement cost (includes overhead) per front foot basis. The estimated cost per front foot for a bituminous overlay is $5.15. The estimated cost per front foot for the alternate double seal coat is $2.46. Both alternates are based on 7,727 assessable front footage. Assessments would be spread over 3 years at a rate of interest determined by the latest bond sale used to finance the project. PROJECT SCHEDULE Present Feasibility Report April 19, 1988 Public Hearing June 7, 1988 Approve Plans and Specifications June 21, 1988 Open Bids/Award Contract July 19, 1988 Complete Construction August, 1988 Assessment Hearing September, 1988 First Payment Due with May, 1989 Real Estate Taxes 1, APPENDIX A PRELIMINARY COST ESTIMATE DODD ROAD SURFACING IMPROVEMENTS CLIFF ROAD TO FARM ROAD CITY PROJECT NO. 515 BITUMINOUS OVERLAY 1,240 Ton - 2341 wear course mixture @ $11.00/ton 69 Ton - 2341 bituminous material for mixture @ $181/ton 40 Rd. Sta. Subgrade preparation @ $77/Rd. Sta. 400 LF sawcut bituminous pavement @ $2.20/LF $ 13,640.00 12,489.00 3,080.00 880.00 $ 30,089.00 + 5% contingencies 1,504.45 + 30% legal, engineering, administrative & bond interest 8,215.50 ESTIMATED TOTAL PROJECT COST $ 39,808.95 DOUBLE BITUMINOUS SEAL COAT 21,333 sq. yds. - F.A. 3 granite chip sealcoat in place @$0.661 sq. yds. $ 14,079.78 + 5% contingencies 703.99 + 30% legal, engineering, administrative & bond interest 4,223.93 ESTIMATED TOTAL PROJECT COST $ 19,007.70 Sl CLIFF ROAD 010-50 1 START PROJECT"' 15 I. 028-z ••••• .0-29 023.25 Nf..\ 040-25 050-25 020.27 010-25 030-27 twt SURFACING IMPROVEMENT PETITIONING PROPERTY OWNERS DODD ROAD SURFACING IMPROVEMENT PROJECT '515 EAGAN, MINNESOTA FIGURE 1 APRIL 1988 GULL. C )INTY OF DAKOTA OiO-SO FARM ROAD • "1 010-50. -Jr r END PROJECT • OF DAKOTA 0-32 Ml( a. 010-57 r STRIA DODD ROAD SURFACING IMPROVEMENT PROJECT 515 EAGAN, MINNESOTA _city OF ecvci FIGURE 2 APRIL 1988 53 (-1/4 O Cr) CG 0 H a t11 Z a w X ul H V) C,0 wzz V) H V) U H d Ex, Ex) CC O 0 v) a z a H H CG w DODD ROAD ASSESSABLE FRONT FOOTAGES 0 Z NO10Nt U101N00001C-Nx000001010D Un N C.- 00t U\ co =r Qhs [.-l-NC.-Ch H O U\ Ul 00 U1 ma N 00 O C- r C- 10 01 r 01 M r Ul M 1/4.O 0 CO N tD r cr. . - x M En C H H • • • • • . • • • . • . • . . • • . • • . • • • . • • 2 d 00r.-00U\ti =r rONxrUIN?NU\N00xMN 00=rM Ch CO CO C1 C.tCN LI1 W 0 NN MOON un C.- =r 10=I- UlUlr 0- r- r =2''- r h•N.r t. -I-- =r t-00 *O 0,MN=2'vo = 0 U1 U1.- MOO C.- C1/41 4.9=7 =t N Mr r - a0 =r N M =r tp O x U1 C-00 MMMM? NN ▪ 4949 494949. e-- to 49 49 44 49 49 49 49 49 49 49 49.49 49 4949 49 -69 49 49 49 49 .69. 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U1 U\ l0 U1'.0 U1 C -'O NC -03 C- 00 1.- N t- .- 00 N t- - M r r _ r - {', r N N N co M M Z NNNNNNNNNNNNNNNNNNNNNUI UI UI U\ b 00 O • 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 .0• • 1 t H ()0)t-00000 rCNO x0000000000 0000 C `.444 d. -Y.SC.`1.N0 .-D H N N N M r 4- N in r M r N x M N M tf l0 4 111 ti x W r N M b ,-4,-4 r--1 H r4 r-1 r4 M ,? w 0. En0000000000000000000000 C]000 'CI aaw OD pa W RlC000 U H d 4) CZ a ,4 d ' 0 4-• - r 111 C- r r N M 4- a to ., 0 w - r 0 .L.) i) - J- 43 a) 43 43 / . R. J. BUCHAN P. E. ENGINEERING CONSULTANT Electrical Interference Control 4695 Dodd Road, SL Paul Minn. 55123 To: Mr, Victor Ellison Mr. Thomas Eagan Mr. David Gustafson Mb. Pam :McCrea Mr. Theodore Wachter Mr. Michael P. Foertsch Mr. Thomas A. Colbert Telephone: (612) 454-3105 May 27, 1988 Transmitted herewith is a report entitled "A Study of Dodd Road Surfacing --Project 515." This re -Dort is strictly of my own doing, and was made possible because of my retirement (only golf suffered) and my 191 year tenure on Dodd Road. In 1967 we purchased a 62 acre parcel from the Reinkes, and our present residence was completed in 1969. These 20 years have given me a knowledge of the area as well as an attachment such that I was motivated to document and pass on the results of my study of Project 515. 1.y hopes are that you will find time to peruse this document before the June 7th meeting is held to formally discuss the project. I further hope it will be of assistance to you in making the best possible final decision. ThanThank you for your attention. RJB:eb Enc. s' Sincerely, Richard J. Buchan A STUDY OF qf-fi. DODD ROAD SURFACING PROJE✓ T 515 By Richard J. Buchan a petitioner TEE STUDY INCLUDES FORWARD 1.0 PETITIONERS' OBJECTIVE 2.0 PRESENT CONDITION OF DODD ROAD 3.0 DODD ROAD TRAFFIC 4.0 DODD ROAD DEVEIDMENT 5.0 FUTURE DEVEIAPMENT AREAS 6.0 TEE BITUMINOUS OVERLAY 7.0 Int; ECONOMICS OF PROSECT 515 3.0 IN CONCLUSION 9.0 Richard J. Buchan 4695 Dodd Road Eagan, Minn. 55123 Tel. 612 454 3105 ' 1.0 FORWARD: I, Richard J. Buchan, a resident at 4695 Dodd Road, and a petitioner for Project 515, after an in-depth study of the project, vote a "yes" --providing the following amendments are made: A. That the proposed 2' overlay be upgraded so as to have a minimum life of 15 years and a maintenance -free life of 7 years B. That the $6,613 spent yearly by the city of Eagan for the present calcium chloride treatment be used to support the additional cost. Based on a 7 year maintenance -free surface, this equates to $46,291. This plus the $39,809 assessment would make $86,o97 available for project 515. C. That a concerted effort be made by the city officials to obtain state, and/or county funding to add to the fund. 1.1 Completing the project under these conditions would turn a 3/4 mile Rumble Strip into a road that Eagan, a Five Star City, could truly be proud of. Furthermore, it would establish a precedent in accomplishment. 1.2 A perusal of the following discussion will substantiate the reasons for my conclusions and recommendations. 2.0 PETITIONERS' OBJECTIVE: The objective of the petition was two -fold --(1) to eliminate the present washboard surface condition, and (2) to improve on the present calcium chloride dust control situation. Although the project 515 feasibility report states only dust control reasons, in my opinion, the major concern of the petitioners is the washboard condition of the road. This opinion is reinforced by the fact that 5 of the petitioners' residences are located approximately 300 feet or more from Dodd Road, and 3 more in the fringe area of 150 feet from the road. 3.0 PRESENT CONDITION OF DODD ROAD: The Spring application of calcium chloride, in my judgment, is doing a reasonably good job. This is true in spite of the three inherent frailties --(1) its effectiveness depends on moisture in the air, (2) the effectiveness deteriorates with time, (3) grading will seriously degredate the effectiveness of this method of dust control. Because of the last item (3) lack of grading the road between the two applications of calcium chloride, Spring and mid -Summer, the road surface turns into a neck -shaking rumble strip. 4.0 DODD ROAD TRAFFIC: Dodd Road between Cliff and Farm Road, in addition to serving as access to the 27 residents, also acts as a through road between Cliff Road, newly -surfaced County 38, and continuing on to where it intersects Highway 3 just north of Rosemount. Furthermore, 4 enterprises are located on this 3863 feet of Dodd Road covered by the petition. These are: 1. a trenching and excavation business 2. a hair -stylist -part time operation 3. a home -operated horse boarding operation 4. the Dakota County Electric, newly -constructed sub station on 28-25. NOTE: This is not a complaint in any way, it is included only to point out the added traffic on Dodd that must result. 4.1 OTHER TRAFFIC FACTORS: Not a part of this section of Dodd but located such that 57 traffic resulting from these operations does utilize the 3863' section of Dodd are: 1. Dakota County Park --Dodd serves as access for the maintenance vehicles between the North and South sections of the Park. 2. Schwendeman--Commercial Landscape and Lawn Installation --Dodd via Farm Rd. 3. Camp Butwin--Dodd via 120 St. W. 4. Rosemount VFW Club --Dodd via 120 St. W. 5. Key Monuments --on Dodd So. of 120 St. 6. F & H General Contractors Dodd So. of 120 St. 7. Kodiak Services --Lawn Maintenance --Dodd So. of 120 St. The location of these businesses outside of the Petition part of Dodd is shown in figure 1. 4.2 VEHICLES USING DODD: Because of the factors discussed above, the type of traffic will vary greatly frau that of a residential area. To determine the distribution,'a visual count totaling 6 3/4 hours made up of 4 time periods was made. The results were: Cars -60, Large Trucks -9, School Busses -5, Pickup Trucks -19, Pickup Campers -12, Vans -7, Truck -Trailers -5, Horses -2. The total is 119. The heavy traffic vehicles approach 50% of the total. Of the large trucks, 2 were 6 -wheel gravel, and 1 a 4 -wheel gas transporter. 5.0 DODD ROAD DEVELOPMENT: The development of Dodd Road between Cliff and Farm Road started in the 1960's when the Reinke and Weierke farms were split up into acreage -type parcels. In or about 1973, the development was virtually complete with 26 homes. In the past 10 years only one hone has been added --the Robert Hawkins residence.City utilities?,no need then, no need now, no future need. A new road surface? yes, and now. 5.1 PRESENT UTILITIES: In all 27 homes the water is served by a deep well and an absorbitive type drain system. To the beat of my knowledge, all systems are working properly, and I cannot visualize any of the 27 residences signing a petition for water and sewer service. Furthermore, I cannot visualize any changes --ie poor drainage or polluted wells that might mandate city water and sewer service. My reasons are: A. The large size lots plus the clay -sand soil composition makes drainage problems of a magnitude dictating city utilities highly unlikely in the forseeable future. B. The deep wells are served by large pools with wells in the 170' range. The nearest industrial operation that could possibly cause well pollution is Brockway Glass which ceased operations about 5 years ago. C. The water quality --The thought of trading cold, deep well water for chem- ically treated city service would be a big factor in the decision to turn down a petition for city water. 5.2 TEE ECONOMICS INVOLVED: In considering a change to city utilities, a cost comparison must not be overlooked. As a rough estimate --if one would consider the cost of the utility assessment plus the cost of service from the street to th house, a resident could probably replace the complete well and drainage system for u the cost of obtaining city water and sewer service. An added benefit would be the elimination of monthly utility bills for the forseeable future. 6.0 FUTURE DEVELOPMENT' AREAS: Three area in the applicable part of Dodd Road are vacant and. eventually will be utilized for some purpose. These areas are: 6.L-020-27--:46' lies East of Dodd in about the center of the applicable area. :'acing opposition from 27 unwilling present residents, the developer would have 2 choices --(1) connect to an extension of the Manor Lake Development utilities, or (2) plat in large parcels so that deep well -sewage drainage is acceptable. 6.2-070-27--416' lies East of Dodd Road with the lake lying to the North. In this case the Manor Lake option does not exist, and splitting into large lots may be the only forseeable future development possibility. 6.3-030-15--34+3' lies at the South end of the applicable part of Dodd and is on the West side. According to the plat record, this is owned by the Minnesota Zoological Society. The projected use for this parcel is unknown to me; however it should be . noted that this results in a connecting link from Dodd Road to the Dakota Co. Park. 6.4 -The Manor Lake and SouthCaks Project: In the feasibility report, Mr. Foertsch, in the summary refers to the above two projects as having a bearing on the future possibility of the applicable residents on Dodd petitioning for public utilities. I have difficulty in relating these two projects to project 515. The Manor Lake proposed plans show road and utilities entering from Cliff, North of Manor Lake as shown on the Figure 1 sketch. The South Oaks addition lies North of Cliff Road. Both are high density housing areas that dictate city water and sewer services. A comparison cannot be made between these developments and Dodd Road because of the disparity in density ratios. For example, in Manor T..ke, the density is houses per acre, on Dodd it is acres per house. 7.0 THE BITUMINOUS OVERIAY: The overlay as proposed in the feasibility report, according to Mr. Foertsch, would result in a 2" overlay with 7 ton per axle rating. In my opinion, the 7 to 10 year life and a 5 year maintenance start, as claimed in the report, is very optimistic. My reasons are: A. The nature and magnitude of the traffic is beyond that from what one would expect from a 27 house residential street. This factor is discussed in Section 4+.0 Dodd Road Traffic. B. In the feasibility report, Mr. Foertsch states: "Four areas along the roadway were identified as having stability ratings which would require correction if a_permanent street section were to be constructed. The ability of these sections to support a bituminous overlay or double seal coat for an extended period of time is unlikely." 7.:L In a telephone conversation, Mr. Foertsch stated that the project, as planned, did not include correcting these 4 deficient areas, but the road would be well graded before laying the overlay. 7.2 I can well visualize these 4 deficient areas with only 2" of overlay being subjected to the heavy truck traffic in the Spring thaw time crumbling away in protest. 8.0 TRE ECONOMICS OF PROJECT 515: In considering the economics involved, two parties must be considered (1) the City of Eagan, (2) the assessed property owners. A. The City of Eagan: According to the feasibility report, the present dust control with calcium chloride is funded by the City at a cost of $6,613 a year. - Completion of the project, as planned, and assuming a 5 -year maintenance -free life, as stated, project 515 would save the City of Eagan a tidy sum of $33,065. 3. The Property Owners: To achieve this $33,065 saving to the City, the property owners must pick up the $39,309 cost of the project. This cost is split up between 33 owners at an individual cost ranging from $88 to $2,143. Unfortunately, the cost to the individual owner, in most cases, bears little relationship to the benefits that may result. 9.0 IN CONCLUSION: To conclude, I reiterate my opening statement which, in summary, states: I will vote for project 515 providing the following ammendments are made. A. That the overlay is upgraded to a 15 year minimum life and maintenance -free 7 year period B. That the$46,291 saved by the City be added to the assessed fund of $39,809 to defray the added expense. This amount is based on a 7 year maintenance free period. C. That a concerted effort be made by the City to secure County and/or State funding to subsidize Project 515. CLL F ROAD le -4444~1 )1. R4Ax-4.4 417 DAKOTA CO. Electric Substation 1DODD ROAD R.a. a.. ility Entrance to Manor Lake Development DAKOTA. CQ._ PAPTC MANOR LAKE PROJECT 1 Dakota Co. Rd 38 Figure 1.- sketch- showing 'ice ithat teff is on Dodd road. Dakota Co.. Park Q Schwendeman Commercial Landscape Maintenance L..,^ . Installation , i FARM BD Camp Butwin -7r-• DODD RD . HWY' 1 Rosimount'VFW Clubs �{ • 120 St..W.i i Monumento 1 ! .a, -_, i�'�F _ _YY Icy , I F@$ General Contractors Kodiak Services- Lawn Maintenance 1 Dakota Co. Rd 38 Figure 1.- sketch- showing 'ice ithat teff is on Dodd road. Agenda Information Memo June 7, 1988, City Council Meeting f. PROJECT 480/FINAL ASSESSMENTS EAGANDALE CTR. IND. PARK -OVERLAY B. Project 480, Final Assessments (Eagandale Center Industrial Park - Overlay) --The scheduled May 17th final assessment public hearing for the above -referenced improvements had to be continued until June 7th to insure proper notification of all affected property owners. Enclosed on pages (n ,2. and (,� is an assessment location map and a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on August 4, 1987. The final costs exceeded the original estimate due to quantity overruns for crack repair and the leveling coarse prior to the placement of the overlay which were not identified to a level of detail consistent with typical feasibility report estimates. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the continued public hearing scheduled for June 7th regarding these final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 480 (Eagandale Center Industrial Park -Overlay) and authorize the certification to the County Auditor. '.7:.;,----;;;.....•••••••:'• ;c•••••.,.,,::.:%:•r.'. tf...:::1:4i.:::::•••••?•:. ::::::•i:::-.:ii.::::ii.::::4. .::':•••••••••%:.:.:•• ••••••••••••:..L.:.•*:•::: - ti; ::::•,c :./.......:....• : '....:::',..;:.i.:::, . •••••••••••••••.%•.•.•................. -..1.***•:••••••::•:••:-..-:-...:•:•:•:•:••••:•:•.....• ::::::::.. j i'. ........• : .. .. . :. .. ft...0:.O.R.:::. • • •••••:•:•::: - PILOT KNO LONE OAK ROAD ASSESSMENT MAP 111/ N EAGANDALE CENTER INDUSTRIAL PARK STREET IMPROVEMENTS CITY PROJECT 480 city of eagan PUBLIC WORKS • DEPARTMENT FINAL ASSESSMENT HEARING PROJECT NO: 480 SUBDIVISION/AREA: EAGANDALE CENTER INDUSTRIAL PARK FINAL ASSESSMENT HEARING: MAY 17, 1988 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER • FINAL F.R. RATES RATES 0 Area C1 Laterals :JService EJLat. Benefit/ Trunk FINAL F.R. SANITARY RATES RATES Area 0 Laterals Service 0 Lac. Benefit/ Trunk STORM . C] Area Lateral NUMBER OF PARCELS AFFECTED: 107 STREETS QGravel Base �JX Surfacing $10.666/FF $8.065/FF 0 Res. Equiv. NW'B£R OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $ 366,103.20 ($261,581.00 F.R.) TOTAL AMOUNT CITY FINANCED: —0— CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 87-18 PUI3LIC HEARING DATE: AUGUST 4, 1987 L,3 Agenda Information Memo June 7, 1988, City Council Meeting PROJECT 501/FINAL ASSESSMENTS (EAGANDALE CENTER INDUSTRIAL PARK 8TH ADDITION/WATERMAIN C. Project 501, Final Assessments (Eagandale Center Industrial Park 8th Addition - Watermain)--On May 17, 1988, the final assessment hearing for the above -referenced project was continued until June 7th to insure proper notification of all affected property owners. Enclosed on pages Cp,s and (o(0 is a location map showing the assessable properties to the improvement and a summary tabulation of the final assessment total as compared to the estimate contained in the feasibility report presented at the public hearing held on June 16, 1987. At the affected property owner's request, the assessments were allocated in accordance with a complex formula prepared by the affected property owners in accordance with the Development Agreement. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this continued final assessment public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 501 (Eagandale Center Industrial Park 8th Addition - Watermain) and authorize the certification to the County Auditor. co 0• z P z 3 I .• a: c‘: tJ u_ in 2 II: 0: 1./4 ..J Lij 4? e • 0 (0 5 1 w FINAL ASSESSMENT HEARING PROJECT NO: 501 SUBDIVISION/AREA: Eagandale Center Industrial Par,{ ath Addition FINAL ASSESSMENT HEARING: Flay 17, 1953 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. WATER RATES RATES ElArea As per Development Q Laterals N/A N/A ['Service 0 Lat. Benefit/ Trunk SANITARY Area ont act Laterals 0 Service 0 Lat. Benefit/ Trunk FINAL F.R. RATES RATES STORM . Area Lateral 1 NUMBER OF PARCELS AFFECTED: 4 STREETS Gravel Base []Surfacing (:]Res. Equiv. 1 • • NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $27.118.37 Feasibility Report S34.480.Q0 TOTAL AMOUNT CITY FINANCED: —0— CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 87-20 PUBLIC HEARING DATE: June 16. 1987 Agenda Information Memo June 7, 1988, City Council Meeting 4, PROJECT 474/FINAL ASSESSMENTS (EAGANDALE/LEMAY LAKE 2ND ADDITION -SUPPLEMENTAL ASSESSMENTS) D. Project 474, Final Assessments (Eagandale/Lemay Lake 2nd Addition - Supplemental Assessments) --On August 18, 1987, the final assessment hearing was held for the costs associated with the installation of streets and utilities to service the above - referenced subdivision incorporating the residents in development. A subsequent audit of that final assessment roll revealed that the overhead cost associated with the storm sewer lateral and street surfacing were inadvertently omitted and only the actual construction costs for those two improvements were assessed. Therefore, a subsequent final assessment hearing has been scheduled to allow for the levying of a supplemental assessment for the related overhead costs. Enclosed on page is a summary tabulation showing the additional assessment rates. Enclosed on page 1pQk is a map showing the related improvements and the assessable area. The property owners of Outlots A and B have already waived their rights to this final assessment hearing and have agreed to the additional assessment amounts. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this continued final assessment public hearing. As of this date, the staff has not received a response from the owners of Lot 1, Block 1 (Residence Inn) as it pertains to this proposed supplemental assessment. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the supplemental final assessment roll for Project 474 (Eagandale/Lemay Lake 2nd Addition - Overhead) and authorize the certification to the County Auditor. SUPPLEMENTAL FINAL ASSESSMENT HEARING PROJECT NO: 474 SUBDIVISION/AREA: Eagandale/LeMay Lake 2nd Addition SUPPLEMENTAL ASSESSMENT HEARING: May 17, 1988 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report WATER • FINAL F.R. RATES RATES 0 Area QLaterals ❑ Service QLac. Benefit/ Trunk FINAL F.R. SANITARY RATES RATES 0Area OLaterals 0 Service Lat. Benefit/ Trunk STORM. 0Area nX Lateral $508.77/AC NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: 6 STREETS Gravel Base Surfacing $1, 495.73/AC 0 Res. Equiv. ' 9 8.5 TOTAL AMOUNT ASSESSED: $39,208.01 Overhead not assessed under Prnjpr-t 474 TOTAL AMOUNT CITY FINANCED: "0 - CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 86-16 PUBLIC NEARING DATE: May 20, 1986 .;:—..1 _r:71:.:.:._ / a •• •. - • '• -'•.... - '•.( : a t� 1:1; 1 •:..�..... • r .w •N c;;;11 r J1 . lj 1 1 .:4. 1j Is 4.{ ;l 11.1 :i J1 •r. .(1 ••1 it s 1 • 1 i Of, •4.4E.14 :i 1 .. !a _r• • • • ;,. r . V 1.a 1/ :. i &4 A ,j J. .l t . . I. ••, f 1 1 e 1 r , • a 3 le a • in a —I I / .— . — 7 N 4 N ;L. i Y it . • M M M ti " STORM SEWER ASSESSMENT AREA •IMPROVEMENTS • Agenda Information Memo June 7, 1988, City Council Meeting PROJ 532/FIELD STONE TRAIL/BRIDLE RIDGE 2ND ADDN E. Project 532, Field Stone Trail (Bridle Ridge 2nd Addition - State Aid Street) --In response to a petition submitted by the developer of the proposed Bridle Ridge 2nd Addition, the Council received the Feasbility Report for this proposed improvement on May 3 and scheduled the public hear to be held on June 7. Enclosed on pages -71 through XU is a copy of that Feasibility Report for the Council's information and review during the presentation during the public hearing to be made by the consultant engineer responsible for this report's preparation. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. The consultant engineer and Public Works Director will be available to answer any questions and provide additional information as may be necessary at this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 532 (Field Stone Trail - Bridle Ridge 2nd Addition State Aid Street) and, if approved, authorize the preparation of detailed plans and specifications. 0 Report for Field Stone Trail Street Improvements Project No. 532 Eagan, Minnesota 1988 File No. 49459 Bones t roo Rosene Anderlik & Associates Engineers & Architects April 15, 1988 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Field Stone Trail Street Improvements Project No. 532 Our File No. 49459 Dear Mayor and Council: Otto G. Bonestroo, PE Robert W. Rosene, PE. Joseph C. Anderllk, PE Bradford A. Lemberg, PE Richard E Turner, PE James C. Olson, PE Glenn R Cook, PE Thomas E. Noyes, PE Robert G Schunicht, PE. Marvin L. Sorvala, P.E. Keith A. Gordon, PE Richard W. Foster, P.E. Donald C Burgardt, PE Jerry A Bourdon, PE Mark A. Hanson, PE. Ted K Field, PE Michael T Rautmann, PE Robert R. Pfefferle, PE David O. Loskota, PE Thomas W Peterson. PE Michael C Lynch, PE Jame! R Maland, PE. Kenneth P Anderson, PE Keith A Bachmann, PE Mark R. Rolfs, PE. Robert C. Russek, A.I A. Thomas E. Angus, PE Howard A. Sanford. PE. Charles A Erickson Leo M Pawelsky Harlan M Olson Susan M Eberlin Mark A Sep Transmitted herewith is our report for Field Stone Trail, Project No. 532. This report covers street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTj 00, ROSENE,ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:ci Approved by: Date: E/01 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of he off Minnesota. Mark A. Hanson Date: Reg. No. 14260 Department of Public Works 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 10- SCOPE: This project provides for the construction of Field Stone Trail from Northview Park Road to Wescott Road. Field Stone Trail is located in the w proposed Bridle Ridge 2nd Addition and is designated as a Municipal State Aid Street in the City of Eagan. Bridle Ridge 2nd Addition Phase I includes 154 single family residential lots. FEASIBILITY & RECOMMENDATION: The project is feasible from an engineering standpoint and is in accordance with the Master Street Plan for the City of Eagan. The project can best be carried out as one contract. The plan must be prepared in accordance with Municipal State Aid Standards and must be approved by the State Aid Office prior to contract award. DISCUSSION: Street construction proposed herein includes constructing Field Stone Trail from Northview Park Road to Wescott Road. The street width for the most part is 44' wide which provides for one driving lane in each direction and two parking lanes. At the intersection of Wescott Road and Northview Park Road, Field Stone Trail will be widen to 48' to provide for three traffic lanes and one parking lane. Two traffic lanes will be directed onto Northview Park Road and Wescott Road while one lane will be directed onto Field Stone Trail from Northview Park Road and Wescott Road. The parking lane will be located adjacent to the one traffic lane onto Field Stone Trail. Field Stone Trail will be designed to a 9 ton thickness in accordance with Municipal State Aid Standards. The horizontal and vertical alignment must conform to State Aid Standards based on the desired speed limit. A 5' wide concrete sidewalk will be constructed along the west side with an 8' wide boulevard between the street and sidewalk. E/'01 - 1 - cl It is assumed the grading and all utilities will be constructed privately by the developer. It is also assumed the appropriate right-of-way will be dedicated with the platting of Bridle Ridge 2nd Addition. AREA TO BE INCLUDED: Assessment and Construction Area NE 1/4 Section 23 Parcel 010-01 (Bridle Ridge 2nd Addition) COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. The total estimated project cost is $275,650 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. These assessments will be spread over 5 years at interest rates based upon the latest bond sale at the time of the final assessment hearing. The proposed assessment is determined by the residental equivalent rate presented in Appendix B. The residential equivalent rate shall be revised based on final bid unit prices using the quantities presented in Appendix B. The estimated residential equivalent rate is $26.38/FF. The total assessment is divided equally amongst 251 lots in Bridle Ridge 2nd Addition of which 154 lots will be platted at this time. The remaining lots are divided between Outlots I, J, and K as presented in Appendix B and shown on Figure No. 2. - 2 E/01 REVENUE: Revenue sources to cover the cost of this project are listed below: PROJECT COST REVENUE BALANCE Street $275,650 Street Assessment $119,765 $275,650 $119,765 -$155,885 The anticipated project is -$155,885 which will be financed by the Major Street Fund. PROJECT SCHEDULE Present Feasibility Report Pu5lic Hearing Approve Plans and Specifications Open Bids/Award Contract Substantial Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes E/01 3 May 3, 1988 June 7, 1988 July 5, 1988 August 2, 1988 Fall, 1988 Summer, 1989 Spring, 1990 lS APPENDIX A PRELIMINARY COST ESTIMATE FIELD STONE TRAIL STREET IMPROVEMENTS PROJECT NO. 532 300 Cu.Yd. Subgrade Correction @ $2.00/cu.yd. $ 600.00 150 Cu.Yd. Select granular borrow @ $6.00/cu.yd. 900.00 12,400 Sq.Yd. Subgrade preparation @ $0.50/sq.yd. 6,200.00 6,050 Ton Class 5 aggregate base @ $5.00/ton 30,250.00 3,300 Ton 2331 Bituminous base course @ $10.00/ton 33,000.00 1,000 Ton 2341 Bituminous binder course @ $11.00/ton 11,000.00 700 Ton 2361 Bituminous wear course @ $18.00/ton 5,050.00 280 Ton Bituminous material for mixture @ $180.00/ton 50,400.00 1,100 Gals. Bituminous material for tack coat @ $1.50/gal. 1,650.00 4,800 Lin.Ft. Surmountable concrete curb & gutter @ $5.00/1.f. 24,000.00 11,800 Sq.Ft. Concrete sidewalk w/granular base @ $2.00/sq.ft. 23,600.00 Lump Sum Stripping @ $1500.00/Lump Sum 1,500.00 42 Each Adjust structures @ $150.00/Each 6,300.00 5.0 Acre Seed w/mulch & fertilizer @ $1500.00/Acre 7,500.00 Total $201,940.00 + 5Z Contingencies 10,100.00 $212,040.00 + 30Z Legal Engr., Admin. & Bond Interest 63,610.00 $275,650.00 E/01 APPENDIX B '' PRELIMINARY ASSESSMENT ROLL FIELD STONE TRAIL STREET IMPROVEMENTS PROJECT NO. 532 Parcel No. of Description Lots Bridle Ridge 2nd Addition Cost/Lot Total Assessment Block 1 Lots 1-17 17 477 8,112 Block 2 Lots 1-31 31 477 14,792 Block 3 Lots 1-12 12 477 5,726 Block 4 Lots 1-20 20 477 9,543 Block 5 Lots 1-9 9 477 4,294 Block 6 Lots 1-12 12 477 5,726 Block 7 Lots 1-6 N 6 477 2,863 Block 8 Lots 1-10 10 477 4,772 Block 9 Lots 1-8 8 477 3,817 Block 10 Lots 1-4 4 477 1,909 Block 11 Lots 1-25 25 477 11,929 Outlot I 31 (1) 477 14,792 Outlot J 43 (1) 477 20,517 Outlot K 23 (1) 477 10,973 251 $119,765 (:l) Represents lot equivalents provided by developer - 5 E/01 Residential Equivalent Rate/F.F 0.06 Cu.Yd. Subgrade correction @ $2.00/cu.yd. $ 0.12 0.03 Cu.Yd. Select granular borrow @ $6.00/cu.yd. 0.18 2.0 Sq.Yd. Subgrade preparation @ $0.50/sq.yd. 1.00 0.73 Ton Class 5 aggregate base (6" thick) @ $5.00/ton 3.65 0.16 Ton 2331 bituminous base course (1k" thick) @ $11.00/ton 1.76 0.16 Ton 2341 bituminous wear course (1k" thick) @ $12.00/ton 1.92 0.0176 Ton Bituminous material for mixture @ $180.00/ton 3.17 0.086 Gals. Bituminous material for tack coat @ $1.50/gal 0.13 1 Lin.Ft. B618 Concrete curb & gutter @ $5.00/lin.ft. 5.00 0.009 Each Adjust structures @ $150.00/each 1.35 0.00069 Acre Seed w/mulch & fertilizer @ $1500.00/acre 1.04 Total $19.32 + 5Z Contingency 0.97 $20.29 + 30Z Legal, Engr., Admin. & Bond Interst 6.09 $26.38 E/01 - 6 - PROPOSED CONCRETE WESCOTT ROAD 5' WIDE SIDEWA *atom ow A. so Oti4 4•4 p*All PARK ROOD NOR. FIELD STONE TRAIL STREET IMPROVEMENTS PROJECT No. 532 EAGAN, MINNESOTA PROPOSED STREET CONSTRUCTION (44' WIDE) FUTURE STREET CONSTRUCTION (BY OTHERS) SCALE I" = 400' i Bon.stroo Ro:.n. fins Ander IIk Aaroclat.s Enpin..ra a Archll•ot• St. Paul. Minimal* l` Date: April 1988 Comm. 49459 1\ Fig. No. 1 - WESCOTT ROAD rii 1 11/ .\ OUTLOT 1 OUTLOT J f*%JIEQUIVALENTLOTS 31 LO S IE3 4---- 0 in OM re/ 0 IA La Ur 4, BM W4PlaillW # 46 W* IMP . 41r 91 ROO ..,.A. NORTHo , 4/ iiTel 43 EQUIVALENT LOTS OUTLOT K 154 EQUIVALENT LOTS 23 EQUIVALENT LOTS Scale: 200' 400 FIELD STONE TRAIL ASSESSMENTS PROJECT No. 532 EAGAN , MINNESOTA Bonestroo wpm Rosen Anderllk & Associates Engineers a Architects St. Paul. Minnesota Dote: MAY 1988 I Comm.49459 Fig. No. 2 �\ Agenda Information Memo June 7, 1988, City Council Meeting PROJ 535/bARLSON LAKE LIFT STATION UPGRADE F. Project 535, Carlson Lake Lift Station Upgrade (Storm Sewer) --As a result of the July 23, 1987, "Super Storm", the outlet to the Carlson Lake drainage basin was identified as needing additional improvements to increase its outlet capacity to maximize its discharge rate and subsequently minimize the flooding impact on property within this drainage basin. On May 3, the Council received this Feasibility Report and scheduled a public hea ing to be held on June 7. Enclosed on pages through l`h is a copy of that Feasibility Report for the Council's information and review during the presentation to be made by the consulting engineering responsible for the report's preparation. Although there are no assessments associated with this trunk facility improvement, construction activity within existing utility easements or public right-of-way will affect the adjacent property owners. Subsequently, the letter enclosed on page was sent to all potentially affected property owners informing them of this public hearing to provide an opportunity for discussion prior to project approval. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 535 (Carlson Lake Storm Sewer Lift Station Upgrade) and, if approved, authorize the preparation of detailed plans and specifications. '0 Report For Carlson Lake Lift Station Upgrade Eagan, Minnesota City Project No. 535 April, 1988 File No..49457 Bonestroo Rosene OMEN Anderlik & Associates Engineers & Architects St. Paul, Minnesota Bonestroo :.? Rosene Anderlik & Associates Engineers & Architects May 31, 1988 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G. Bonestroo, P.E. Robert W. Rosen, P.E. Joseph C. Anderlik, P.E. Bradford A. Lemberg, P.E. Richard E. Turner, PE. James C. Olson, P.E. Glenn R. Cook, P.E. Thomas E. Noyes, P.E. Robert G. Schun¢ht, P.E. Marvin L. Sorvala, P.E. Re: Carlson Lake Lift Station Upgrade Project No. 535 File No. 49457 Keith A. Gordon, P.E. Richard W. Foster, P.E. Donald C. Burgardt, PE. Jerry A. Bourdon, PE. Mark A. Hanson, P.E. Ted K. Field, P.E. Michael T. Rautmann, P.E Robert R. Pfefferle, P.E. David O. Loskota, P.E. Thomas W. Peterson, PE Michael C. Lynch, PE James R. Maland, PE. Kenneth P. Anderson, PE Keith A. Bachmann, P.E. Mark R. Rolfs, P.E. Robert C. Russek, A.I A Thomas E. Angus, P.E. Howard A. Sanford, P.E. Charles A Erickson Leo M. Pawelsky Harlan M Olson Susan M. Eberlin Mark A. Seip Dear Mayor and Council: Transmitted herewith is our report for the electrical service and force main improvements to the Carlson Lake Lift Station for your review and considera- tion. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of the proposed project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ?Gt*LoNe41 L. Phillip Gravel LPG:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. e4fr; <«,1 "rry A. Bourdon Date: May 31, 1988 Reg. No. 13841 Approved by: Department of Public Works Date: 24 2335 West Highway 36 • St. Paul, Minnesota 5�5�11* 612-636-4600 REPORT FOR CARLSON LAKE LIFT STATION UPGRADE PROJECT NO. 535 SCOPE This project provides for the upgrading of the electrical service and force main capacity for the Carlson Lake lift station (Eagan pond LP- 42). The purpose of the upgrade is to improve the operating performance, reduce power consumption costs and increase the discharge capacity of the lift sta- tion. Operating performance can be improved by upgrading the electrical ser- vice to three phase power. Reduced power consumption costs and additional discharge capacity can be provided by installing an additional force main to serve in parallel with the existing force main. SUMMARY OF FINDINGS AND RECOMMENDATIONS The project as outlined herein is feasible from an engineering standpoint and complies with the City's storm sewer master plan. The following summarizes the findings of this study. * Dakota Electric will make three phase power available to the lift station site during the spring/summer, 1988. * The upgrade to three phase power will improve operation and mainte- nance of the station by eliminating the add -a -phase units which have been unreliable and a high maintenance expense. * The lift station discharge capacity can be increased 67% with the additional force main. This will provide additional safety factor relative to controlling the high water elevation of Carlson Lake and will result in reduced power consumption costs. It is diffi- cult to predict the power consumption savings because of the vari- able nature of weather cycles and storm water run off. However based upon recent pumping hours data, a savings of $1,500 to $2,000 per year could be expected. * The optimum discharge pipe size is 10 inch. * The best route is along the alignment shown on the Figure 1 at- tached to this report. DISCUSSION Three phase power: Providing three phase power will improve the reliability and performance of the lift station. The lift station was constructed before three phase power was available in the area. Therefore an "add -a -phase" unit was installed to convert single phase power to the three phase necessary to Page 1. CARLSON 8� 4. serve the size of pump needed in the lift station. This add a phase unit has been the source of numerous operational problems and service expense. Since three phase power is now available in the area, the add -a -phase unit can be abandoned. Additional force main capacity: The existing force main was installed in the City's pre -development days, prior to the implementation of current develop- ment standards. If constructed today, a larger pipe would be installed. An additional force main can be installed to work in parallel to the existing main to increase the discharge capacity of the lift station and to reduce power consumption costs. Reduced power consumption is achieved due to the reduced headloss. It is dif- ficult to predict the power consumption savings because of the variable nature of weather cycles and storm water run off. However based upon recent pumping hours data, a savings of $1,500 to $2,000 per year could be expected. Increased discharge capacity would allow the City to remove flood waters stored in Carlson Lake more efficiently. This has potential benefits for the City's overall management of severe storm water runoff. During the July, 1987 storms Carlson Lake came very close to its planned high water level. No homes where damaged and the water elevation experienced was as planned for in the comprehensive storm drainage master plan. Therefore when considering the severity of the storm the system performed as designed. However there was concern at the time that additional storms immediately after the severe storms of July 20 and 23, would add to the flood waters already stored in Carlson Lake thus causing the level to rise above the planned high water elevation and flood adjacent homes. However the discharge capacity of the lift station was limited by the existing capacity constraints of the pumps and force main. An ability to increase the discharge rate could in certain circumstances im- prove the pond's capability to accept additional antecedent rainfall. This ability to increase the discharge rate is especially beneficial when consid- ering that the time required to drain off the 100 year flood storage volume in Carlson Lake is approximately 22 days. During such lengthy drainoff time the pond is more vulnerable to antecedent storms that could overwhelm the avail- able storage capacity. Because of this it was suggested that increasing the potential discharge rate could be a benefit to the storm drainage system by removing the flood waters more quickly and therefore restoring the available flood water storage capacity of the pond more quickly. The proposed im- provements would result in a 67Z increased discharge capacity from the orig- inal three pump design to the proposed three pump design. This would reduce the drain off time from approximately 22 days to approximately 14 days. ]:t is not recommended that the additional discharge capacity be used in all circumstances. The storm drainage system as a whole, of which Carlson Lake is a part, is designed to hold back storm waters in designated ponding areas for release at predetermined discharge rates. Increasing pond discharges can up- set the planned balance of the system and cause adverse impacts upon down- CARLSON Page 2. gs stream storm sewer and pond systems. Therefore the use of the increased dis- charge capacity should be a discretionary measure on the part of City public works managers. Design parameters: The following summarizes criteria of the lift station: Original design, three pumps some of the design performance Present capacity, two pumps Proposed capacity, two pumps Proposed capacity, three pumps The following summarizes some of the COST ESTIMATE The following Area Contributing Normal water level High water level 1350 gpm 900 gpm 1760 gpm 2250 gpm design parameters of Pond LP -42: 174 acres -direct 493 acres-ponded 667 acres -total 840.5 850.0 presents the estimated project costs: 2450 L.F. 10" PVC @ $14.25/L.F. $34,910 1.5 Acres seeding @ $900.00/acre 1,350 3000 S.Y. sod @ $1.75/S.Y. 5,250 Restoration (strt.,dwy.,trees,fence,etc.) 6,590 Forcemain outlet 250 Lift station piping changes 1,500 Dakota Electric three phase power 10,000 $59,850 + 51 Contingencies 5,985 $65,835 + 301 Legal, Engr., Admin. & Bond Interest 19,750 Total Estimate Project Cost $85,585 REVENUE SOURCES This project is an improvement to the trunk system and is proposed to be financed by trunk funds only. PERMITS, RIGHT OF WAY AND EASEMENTS This project does not require any permits. The proposed route is within ex- isting right of way and easements and therefore no additional easements are anticipated. However, some minor "rights of entry" from property owners may facilitate the project and minimize expenses. CARLSON Page 3. AREA INCLUDED IN CONSTRUCTION LIMITS The following is a list of the properties that may be impacted by the con- struction of this work: Lot 8, Lot 1, Lot 15, Lot 16, Lot 17, Lot 18, Lot 19, Blk 4, Blk 5, Blk 3, Blk 3, Blk 3, Blk 3, Blk 3, of Wilderness Run of Wilderness Run of Wilderness Run of Wilderness Run of Wilderness Run of Wilderness Run of Wilderness Run PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Construction Completion Page 4. CARLSON Fourth Addition Fourth Addition Fourth Addition Fourth Addition Fourth Addition Fourth Addition Fourth Addition May 3, 1988 June 7, 1988 June 21, 1988 July 19, 1988 September 1, 1988 PROPOSED STORM SEWER FORCEMAIN l CARL SON LAKE \,1 • O ff/ 144 A� EX/ST/NG STORM tl \ SEWER L/FT STAT CAsacA 00/ :44 4#J AO� v �NE c THOMAS • AKE • �J SCALE: 1" = 300' CARLSON LAKE LIFT STATION UPGRADE PROJECT No. 535 EAGAN, MINNESOTA • Bonaatroo noun. ® Andoruk Aaaoclatos En/Inure £ Are/Moots fl. hul Wnn.w$a Date: APRIL, 1988, Comm. 49457 f ` Fig. No. 1 8 city of eagan 3830 PILCT KNOB ROAD, P.O. BOX 21199 EAGAN, M NNESOTA 55121 PHONE (612) 454-8100 MAY 24, 1988 RE: Project #535, Carlson Lake Storm Sewer Outlet Upgrade Dear Property Owner: VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Cily Clerk This letter is to inform you that on June 7, 1988, at 7:00 P.M., a public hearing will be held at the Eagan City Hall to discuss the proposed project providing for upgrading the existing storm sewer lift station outlet by providing another pump and force main pipe outlet to provide greater capacity in removing excess storm water at a faster rate. This will involve construction adjacent to your property and the possible acquisition of a temporary access easement right-of-way by the City of Eagan to allow both the construction and permanent installation of the force main pipe as shown by the attached sketch. The public hearing process requires that all property owners proposed to be assessed as a result of this project receive a legal notice of this public hearing prior to the actual public hearing date. Since your property is not proposed to be assessed, you were not sent a legal notice of the public hearing. Therefore, this letter is to inform you of the proposed construction required if this project is approved at the June 7th Council meeting. If you have any questions regarding the proposed alignments, location, scheduling, etc., please try to have a representative attend the meeting of June 7th, 1988 when all these items will be discussed in detail. Your anticipated cooperation, patience and understanding during this process will be greatly appreciated by the City of Eagan. Sincerely, Department of Public Engineering Division At.tachments j f THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ?:),61 Agenda Information Memo June 7, 1988, City Council Meeting PROJ 539/EAGANDALE CENTER INDUSTRIAL PK 10TH ADDN G. Project 539, Eagandale Center Industrial Park 10th Addition (Utilities) --In response to a petition submitted by the developers of this proposed subdivision, the Council received the requested Feasibility Report on May 3 and scheduled the formal public hearing to be held on June 7. Enclosed on pages Cti through \t:5 is a copy of the Feasibility Report for he Council's information and review during the consulting engineer's presentation. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. The consulting engineering and Public Works Director will be available to provide additional information and discuss any concerns that may arise. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and, if approved, authorize the preparation of detailed plans and specifications. Report For Eagandale Center Industrial Park. 10th Addition Utility and Trail Improvements Eagan, Minnesota City Project No. 538 539 April 1988 File No. 49462 Bones t roo Rosene Anderlik & Associates Engineers & Architects April 25, 1988 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Otto G. Bonestroo. PE Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Bradford A. Lemberg, P.E Richard E. Turner, PE. James C. Olson, PE. Glenn R. Cook, P.E. Thomas E. Noyes, PE. Robert G. Schumcht, PE. Marvin L. Sorvala, P.E. Keith A Gordon, PE. Richard W. Foster, P.E. Donald C. Burgardt, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Ted K Field, P.E. Michael T. Rautmann, P.E Robert R. Pfefferle, P.E. David O. Loskota, RE. Re: Eagandale Center Industrial Park 10th Addition Utility and Trail Improvements Project No. 539 File No. 49462 Dear Mayor and Council: Thomas W Peterson, RE Michael C. Lynch, PE. James R. Maland, PE. Kenneth P. Anderson, PE Keith A. Bachmann, P.E. Mark R Rolls, PE. Robert C. Russek, A.I.A. Thomas E. Angus, PE. Howard A. Sanford, PE. Transmitted herewith is our report for Eagandale Center Industrial Addition which covers sanitary sewer, water :Hain, store: improvement and includes a preliminary assessment roll. Charles A Enckson Leo M Pawelsky Harlan M Olson Susan M. Eberlm Mark A Seip Park 10th sewer and trail We would be pleased to meet with the Council and other interested parties mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTROO, ROSENE, Mark A. Hanson MAH/asw ANDERLIK & ASSOCIATES, INC. at a I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of ark A. Hanson, P.E. Date: April 25, 1988 Approved by: Date: 49462RPT apartment of P Z• gS c Works Reg. No. 14260 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 q� .. Scope: This project ,provides for the construction of sanitary sewer, water main, storm sewer and trailway to serve Eagandale Center Industrial Park 10th Addition. This development is located on 23.6 acres in the northeast quadrant o:E I -35E and Lone Oak Road and includes two lots; a proposed Knox Lumber Com- pany on Lot 1, Block 1 and a future building located on Lot 2, Block 1. Feasibility and Recommendation: The project is feasible from an engineering standpoint and is in accordance with the objectives established in the Master Utility and Street Plan for the City of Eagan. The project as outlined herein can best be carried out by combining it with Eagandale Center Industrial Park 9th Addition. Discussion: Sanitary Sewer - Sanitary sewer proposed herein provides for constructing an 8" PVC sanitary sewer with manholes from the existing sanitary sewer in Lex- ington Avenue as shown on Figure No. 1. The sanitary sewer crossing Lexington Avenue is proposed to be jacked or augered. It is assumed the sanitary sewer will be constructed over the existing 16" trunk water main in the west boule- vard of Lexington Avenue. A 6" PVC sanitary sewer service will be extended to each lot. Water Main - Water main proposed herein provides for constructing an 8" DIP water main from the existing 16" trunk water main in Lexington Avenue. It is assumed the 8" DIP will be wet tapped into the existing 16" trunk water main. An 8" DIP water main service will be extended to each lot as shown on Figure No. 2. Also included is the proper number of valves and hydrants. Eagandale Center Industrial Park 10th Addition is located in the intermediate pressure zone and will experience residual and static pressures of approximately 50 and 75 psi, respectively. 49462RPT Page 1 . Storm Sewer - Storm sewer proposed herein provides for constructing a storm 4' sewer through the Knox Lumber Company site as shown in Figure No. 3. The storm sewer will also be sized to collect runoff from 7.2 acres located north of the Knox Lumber Company site (Lot 1) between Lexington Avenue and I -35E. The proposed storm sewers range in size from 27" to 36". Also included is extending the existing 24" storm sewer in Lexington Avenue 12' to the exist- ing low area located adjacent to Lexington Avenue southeast of Lot 1. This extension will provide a gentler slope adjacent to the bike trail and allow the new pipe to be tied to the existing flared end which has separated from the existing storm sewer. The storm sewer with in Lot 1 will discharge into Pond DP -12 as designated in the Comprehensive Storm Sewer Plan. The outlet from Pond DP -12 includes an existing 12" storm sewer connecting to an 18" storm sewer in Lone Oak Road. Pond DP -12 ultimately discharges to Pond DP -3 located on the Bulk Mail Post Office site south of the Eagandale Center Industrial Park 9th Addition. Located immediately northeast of Pond DP -12 is a small ponding area (desig- nated as Pond DP -12A for purposes of this report) which receives direct runoff from approximately 35.8 acres including Lexington Avenue and the land im- mediately to its east. Pond DP -12A does not have a storm sewer outlet, how- ever it does overflow into Pond DP -12 at approximately elevation 871. Pres- ently Pond DP -12A is able to contain the storm water runoff from the drainage area which is tributary to it through perculation and evaporation. However, during intense storms Pond DP -12 will overflow into Pond DP -12A. Therefore a requirement of this development is that no direct runoff he directed into Pond DP -12A and that all runoff be directed into Pond DP -12. In addition, the existing storm sewer in Lexington Avenue which discharges to Pond DP -12A is constructed at elevation 864 compared to the existing outlet storm sewer from Page 2 . 49462RPT T-4 Pond DP -12 which is 868.3. Therefore if Pond DP -12 and DP -12A were intercon- nected the storm sewer in Lexington Avenue would contain approximately 4' of storm water at all times. As a result, to maintain a dry storm sewer in Lex- ington Avenue the controlled water level of Pond DP -12A must be maintained at an elevation 864 or lower. Therefore, a storm sewer lift station is required in Pond DP -12A and is proposed to be constructed as part of this project. The lift station will discharge into the east -west storm sewer shown in Figure No. 3 which will also be constructed as part of this project. Listed below are design considerations for Pond DP -12 and DP -12A which include a lift station controlling Pond DP -12A for a 100 year event. The de- s:Lgn considerations also assume the storage requirement in Pond DP -12A will be increased approximately 1 acre feet to compensate for the filling in Pond DP -12 which is approximately 0.7 acre feet. Pond DP -12 Pond DP -12A Direct Storage Outflow Drainage Area NWL HWL (Acre/Feet) (Cu.ft./Second) 62.9 Acres 868.3 872.5 29.76 1.3 35.8 Acres 864.0 872.5 5.4 3.86 In the event the City desires to reduce the storage requirement in Pond DP -12, the existing 12" storm sewer which serves as its outlet could be in- creased to an 18" to the existing 18" storm sewer in Lone Oak Road. This would increase the outflow to about 3.5 cfs and reduce the storage requirement approximately 8 acre-feet, or 25X. The reduction in storage would reduce the HWL by approximately 1 foot. However, further review of downstream ponding will be required before the outlet to Pond DP -12 can be increased. 49462RPT Page 3 . G1S Trail: An 8' wide bituminous trail is proposed along Lexington Avenue abut- ting Eagandale Center Industrial Park 10th Addition. An 8' wide boulevard will be maintained between the trail and curb. AREA TO BE INCLUDED: Assessment Area SE 1/4, Section 3 Parcel 011-76 (Post) Parcel 020-76 (Shindeldecker) Eagandale Center Industrial Park Part of Outlot 3, 4, 5, 6, and 7 East of I -35E (Eagandale 10th Addition - Lot 1 and Lot 2, Block 1) COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer $ 19,860 Water Main 13,800 Storm Sewer 135,620 Trail 10,490 TOTAL $179,770 The total estimated project cost is $179,770 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. All lateral costs will be revised based on final costs. The assessments will be spread over 10 years at an interest rate based upon the bond sale financing this project. 49462RPT Page 4 . �b Sanitary Sewer: Sanitary sewer proposed herein is to be assessed on an area basis to the two benefitting lots in Eagandale Center Industrial Park 10th Addition. Trunk area sanitary sewer was previously assessed. Water Main: Water main proposed herein is to be assessed on an area basis to the two benefitting lots in Eagandale Center Industrial Park 10th Addition. Trunk area water main was previously assessed. Storm Sewer: Storm sewer proposed herein is trunk and lateral. Trunk storm sewer includes the lift station, force main, and one pipe size (estimated at $3.00/1.f.) included in the east -west storm sewer which the lift station dis- charges into. These trunk storm sewer costs are not proposed to be assessed because trunk area storm sewer was previously assessed outside of this devel- opment. All remaining storm sewer is lateral and is proposed to be assessed on an area basis to the benefitting lots in Eagandale Center Industrial Park 10th Addition and the two unplatted parcels as shown in Figure No. 3 except the east -west storm sewer in Lot 1, Block 1. This cost is proposed to be assessed entirely against Lot 1, Block 1 less the cost of one pipe size which is considered trunk. Trail: Trail proposed herein is to be assessed on an area basis to the two benefitting lots in Eagandale Center Industrial Park 10th Addition. Existing Lateral and Upgrade Assessments: The City of Eagan staff report dated March 16, 1988, identified additional assessments due to previous im- provements which were not assessed. These assessments are identified in the Development Agreement for the final Plat Application for Eagandale Center Industrial Park 10th Addition. 49462RPT Page 5 . 91 Revenue: Revenue sources to cover the cost of this project are as follows: Sanitary Sewer Lateral Lateral Assessments Water Main Lateral Lateral Assessments Storm Sewer Lateral Trunk Lateral Assessments Trail Lateral Lateral Assessments Project Cost $ 19,860 $ 19,860 13,800 $ 13,800 $ 80,510 55,110 $135,620 $ 10,690 $ 10,690 Revenue Balance $ 19,860 $ 19,860 -0- $ 13,800 $ 13,800 -0- $ 80,510 $ 80,510 -$55,110 $ 10,490 $ 10,490 -0- TOTAL BALANCE -$55,110 The estimated project deficit is $55,110 which will be financed by Trunk Storm Sewer Funds. 49462RPT Page 6 . �8 Project Schedule Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction (Lift Station) Assessment Hearing First Payment Due with Real Estate Taxes 49462RPT Page 7 . qck May 3, 1988 June 7, 1988 May 3, 1988 June 7, 1988 July 1988 (December, 1988) December 1988 May 1990 APPENDIX A PRELIMINARY COST ESTIMATE EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS PROJECT NO. 539 A) SANITARY SEWER 80 Lin.ft. 8" PVC sanitary sewer @ $14.00/L.F. $1,120 80 Lin.ft. Jack or auger 8" sanitary sewer @ $120.00/L.F. 9,600 120 Lin.ft. 6" PVC sanitary sewer service @ $8.00/L.F. 960 2 Each Std. 4' dia. MH w/cstg. @ $1,000.00/Each 2,000 2 Each 8" x 6" PVC wye service @ $80.00/Each 160 50 Cu.yd. luck stabilizatiun bi ow pipe @ $10.00/C.Y. 500 200 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 200 TOTAL $14,540 + 5% Contingencies 730 $15,270 + 30% Legal, Engrng., Admin. & Bond Interest 4,590 $19,860 B) WATER MAIN 380 Lin.ft. 8" DIP water main @ $14.00/L.F. $5,320 2 Each 8" Resilient wedge gate valve & box @ $450.00/Each 900 1 Each Hydrant in place @ $1,000.00/Each 1,000 1 Each Wet tap 8" DIP to ex. 16" DIP @ $1,500.00/Each 1,500 500 Lbs. Fittings in place @ $2.00/Lb. 1,000 380 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 380 TOTAL $10,100 + 5% Contingencies 510 $10,610 + 30Z Legal, Engrng., Admin. & Bond Interest 3,190 $13,800 49462RPT Page 8 . �o� Q STORM SEWER 200 Lin.ft. 21" storm sewer in place @$28.00/L.F. $ 5,600 280 Lin.ft. 24" RCP storm sewer in place @ $30.00/L.F. 8,400 580 Lin.ft. 27" RCP storm sewer in place @ $34.00/L.F. 19,720 170 Lin.ft. 30" RCP storm sewer in place @ $38.00/L.F. 6,460 130 Lin.ft. 36" RCP storm sewer in place @ $44.00/L.F. 6,600 3 Each Std. 4' dia. MH w/cstg. @ $1,000.00/L.F. 3,000 5 Each Std. 4' dia. CBMH w/cstg. @ $1,000.00/L.F. 5,000 1 Each 36" RCP apron w/trash guard @ $1,700.00/Each 1,700 1 Each Tie ex. 24" apron to storm sewer @ $500.00/Each 500 8 Cu.yd. Rip rap @ $50.00/C.Y. 400 LUMP SUM Submersible lift station @ $25,000.00/L.S. 25,000 550 Lin.ft. 12" DIP force main @ $22.00/L.F. 12,100 80 lin.ft. 16" DIP inlet piping @ $28.00/L.F. 2,240 100 Cu.yd. Rock stabilizati'r 'ow pipe @ $10.00/C.Y. 1,000 880 Lin.ft. Mechanical trench compaction @ $1.00/L.F. 880 0.5 Acre Seed w/mulch & fertilizer @ $1,500.00/Acre 750 TOTAL $ 99,350 + 5% Contingencies 4,970 $104,320 + 30Z Legal, Engrng., Admin. & Bond Interest 31,300 $135,620 D) TRAIL 300 Cu.yd. Common excavation @ $5.00/C.Y. $1,500 310 Ton Class 5 aggregate base @ $8.00/Ton 2,480 90 Ton 2341 Bituminous wear course @ $20.00/Ton 1,800 55 Ton Bituminous material for mixture @ $180.00/Ton 990 200 Sq.yd. Sod w/topsoil @ $2.00/S.Y. 400 0.3 Acre Seed w/mulch & fertilizer @ $1,500.0Q/Acre 450 TOTAL $ 7,620 + 5% Contingencies 400 $ 8,020 + 30Z Legal, Engrng., Admin. & Bond Interest 2,470 $10,490 49462RPT Page 9 \O APPENDIX B 4' PRELIMINARY ASSESSMENT ROLL EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS PROJECT NO. 539 A) SANITARY SEWER Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 1,552 $ 14,430 Lot 2, Block 1 (Future Building) 3.5 (1) 1,552 5,430 TOTAL 12.8 $ 19,860 B) WATER MAIN Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 1,078 $ 10,027 Lot 2, Block 1 (Future Building) 3.5 (1) 1,078 3,773 TOTAL 12.8 $ 13,800 C) STORM SEWER 1.) North-South Sewer Parcel Area Total Description (Acres) Rate/Acre Assessment SE 1/4, SECTION 3 Parcel 011-76 (Post) Parcel 020-76 (Shindeldecker) 2.1 3,834 0.9 3,834 Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 Lot 2, Block 1 (Future Building) 3.5 (1) TOTAL 15.8 (1) Area does not include ponds and land south of ponds. 49462RPT Page 10. 3,834 3,834 $ 8,050 3,450 $ 35,653 13,417 $ 60,570 2.) East-West Sewer Parcel Lump Description Sum Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) $19,940 (2) (2) Lump Sum assessment includes east -west storm sewer less $1,410 ($3.00/1.f. x 470 1.f. - $1,410) which is considered trunk due to storm sewer oversizing for lift station capacity. D) TRAIL Parcel Assessable Total Description Footage Rate/F.F. Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 505 $ 7,063 Lot 2, Block 2 (Future Building) 245 3.427 TOTAL $ 10,490 750 13.99 13.99 Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 14,343 $133,388 Lot 2, Block 1 (Future Building) 3.5 14,343 50,200 TOTAL 12.8 $183,588 49462RPT Page 11. SUMMARY PRELIMINARY ASSESSMENT ROLL EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS PROJECT NO. 539 Parcel Sanitary Water Storm Total Description Sewer Main Sewer Trail Assessment SE 1/4, SECTION 3 Parcel 011-76 (Post) Parcel 020-76 (Schindeldecker) 8,050 8,050 3,450 3,450 EAGANDALE 10TH ADDITION Lot 1, Block 1 (Knox) 14,430 10,027 55,595 7,063 200,561 Lot 2, Block 1 (Future Building) 5,430 3,773 13,417 3,427 76,247 49462RPT 19,860 13,800 80,510 10,490 288,308 Page 12. \04 Proposed Buildings (tknox) 011-76 I I McKEE ST. KEEFE ST. Future Sanitory Sewer Service Proposed Sanitary Sewer N Future Building 1. 0 / POND DP -12A NWL=864.0 HWL=872.5 POND DP -12 NWL = 868.3 HWL = 872.5 020-77 030-77 200' Seale In Feet C.S.A.H. No. 26 (LONE OAK RD.) 43 (LEXINGTON AVE.) U EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION UTILITY AND TRAIL IMPROVEMENTS SANITARY SEWER CITY PROJECT No. 539 EAGAN, MINNESOTA 49462-R 1.DWG Bonestroo Aosene Anderlik & Associates Engineers A Architects it. Pau( Minnesota Date: APRIL, 1988 No. 1 Comm. 49462 Figure oS Proposed Buildings (Knox) / 011-76 Existing Proposed Water Main Water Main Future Building POND DP -12A NWL=864.0 HWL=872.5 010-77 020-77 POND DP -12 NWL = 868.3 HWL = 872.5 0 200' Seal. in Rost C.S.A.H. No. 26 (LONE OAK RD.) 030-77 040-77 05-77 / 1 1 i 1 1 McKEE ST. KEEFE ST. 43 (LEXINGTON AVE.) 0 z ± Q N U EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION UTILITY AND TRAIL IMPROVEMENTS WATER MAIN CITY PROJECT No. 539 EAGAN, MINNESOTA 49462-R 1.DWG 0 tBonestroo Rosene Ander-Ilk 6 Associates Enpinaara £ Arehlt.ata Date: APRIL, 1988 Comm. 49462 Bt. Paul. Mlnn.aota Figure No. 2 Proposed Storm Sewer Proposed Buildings Knox • Future Building Extend 24"RCP-12' and Tie Existing 24" RCP F.E. Proposed Lift Station and Force Main Lateral Storm Sewer Assessment Area KENNETH ST. BEATRICE ST. McKEE ST. KEEFE ST. C.S.A.H. No. 26 1LONE OAK RD.) 0 400' 1 1 1 1 I Sea* In Feet EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION UTILITY AND TRAIL IMPROVEMENTS STORM SEWER AND ASSESSMENTS CITY PROJECT No. 539 EAGAN, MINNESOTA 49462--R 1.DWG Boneetroo Aoeene Andsrllk 6 Associates nglM.r. & Architects St. Paul, I4Innoaota Date: APRIL, 1988 No. 3 Comm. 49462 Figure 01 Future Building 0 Proposed Buildings Ott" ox) 200' t 1 1 i 1 Seale in Flet / 011-76 020-76 Proposed 8' Bituminous Troll POND DP -12A NWL=864.0 HWL=872.5 010-77 POND DP -12 NWL = 868.3 HWL = 872.5 C.S.A.H. No. 26 (LONE OAK RD.) 020-77 030-77 040-77 05-77 / I 1 McKEE ST. KEEFE ST. (LEXINGTON AVE.) 6 z ± Q cn U EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION UTILITY AND TRAIL IMPROVEMENTS TRAIL CITY PROJECT No.539 EAGAN, MINNESOTA 49462-R 1.DWG ElBonestroo Rosene Anderlik 8 Associates Engineers A Architects Dote: APRIL, 1988 Comm. 49462 Ing ft. nut. Minn/mote Figure No. 4 ADDENDUM EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS CITY PROJECT NO. 539 ASSESSMENTS Storm Sewer: The lateral storm sewer assessment area for the north -south storm sewer against Parcel 011-76 did not include the recently acquired Mn/DOT right- of-way. The previous assessment area for Parcel 011-76 was 2.1 acres, the re- cently acquired Mn/DOT right-of-way is 2.5 acres. Therefore, the lateral as- sessment area for Parcel 011-76 is 4.6 acres. Attached to this addendum is the Revised Appendix B which reflects the revised area for Parcel 011-76 and the revised assessments against the remaining parcels. Also included is a re- vised Summary of the Preliminary Assessment Roll and Figure No. 3 which out- lines the assessment area. REVISED APPENDIX B PRELIMINARY ASSESSMENT ROLL EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS PROJECT NO. 539 A) SANITARY SEWER Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 Lot 2, Block 1 (Future Building) 3.5 (1) TOTAL 12.8 B) WATER MAIN 1,552 1,552 $ 14,430 5,430 $ 19,860 Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 Lot 2, Block 1 (Future Building) 3.5 (1) TOTAL 12.8 C) STORM SEWER 1.) North-South Sewer 1,078 1,078 $ 10,027 3,773 $ 13,800 Parcel Area Total Description (Acres) Rate/Acre Assessment SE 1/4, SECTION 3 Parcel 011-76 (Post) Parcel 020-76 (Shindeldecker) 4.6 (3) 0.9 Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 Lot 2, Block 1 (Future Building) 3.5 (1) TOTAL 18.3 3,310 3,310 3,310 3,310 $ 15,225 2,979 $ 30,781 11,585 $ 60,570 (1) Area does not include ponds and land south of ponds. (3) Assessment area includes recently acquired Mn/DOT right-of-way (2.5 acres). 49462RPT Page 11. 2.) East-West Sewer Parcel Lump Description Sum Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) $19,940 (2) (2) Lump Sum assessment includes east -west storm sewer less $1,410 ($3.00/1.f. x 470 1.f. _ $1,410) which is considered trunk due to storm sewer oversizing for lift station capacity. D) TRAIL Parcel Assessable Total Description Footage Rate/F.F. Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 505 $ 7,063 Lot 2, Block 2 (Future Building) 245 3.427 TOTAL $ 10,490 750 13.99 13.99 Parcel Area Total Description (Acres) Rate/Acre Assessment Eagandale Center Industrial Park 10th Addition Lot 1, Block 1 (Knox) 9.3 14,343 $133,388 Lot 2, Block 1 (Future Building) 3.5 14,343 50,200 TOTAL 12.8 $183,588 49462RPT Page 12. REVISED SUMMARY PRELIMINARY ASSESSMENT ROLL EAGANDALE CENTER INDUSTRIAL PARR 10TH ADDITION UTILITY AND TRAIL IMPROVEMENTS PROJECT NO. 539 Parcel Sanitary Water Storm Total Description Sewer Main Sewer Trail Assessment SE 1/4, SECTION 3 Parcel 011-76 (Post) 15,225 Parcel 020-76 (Schindeldecker) 2,979 EAGANDALE 10TH ADDITION $ 15,225 2,979 Lot 1, Block 1 (Knox) 14,430 10,027 50,721 7,063 $ 82,241 Lot 2, Block 1 (Future Building) 5,430 3,773 11,585 3,427 24,215 49462RPT 19,860 13,800 80,510 10,490 $124,660 Page 13. 11� Proposed Buildings Knpx Proposed Storm Sewer Proposed Lift Station and Force Main 05-77 £x 1—r'—r\, > I o 1 Z Z S 1-z Q Z Uj X . L1J U J Lateral Storm Sewer Assessment Area KENNETH ST. BEATRICE ST. McKEE ST. KEEFE ST. Future Building Extend 24"RCP-12' and Tie Existing 24" RCP F.E. C.S.A.H. No. 26 (LONE OAK RD.) 0 400' 1 l l l 1 Scow in feet EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION UTILITY AND TRAIL IMPROVEMENTS STORM SEWER AND ASSESSMENTS CITY PROJECT No. 539 EAGAN, MINNESOTA 49462--R1.DWG Banestroo Rowe And.Nlk Associates engineers & Architects St. Paul 1llnneeola Date: APRIL, 1988 No. 3 Comm 49462 Figure 1\3 Agenda Information Memo June 7, 1988, City Council Meeting OLD BUSINESS PRELIMINARY PLAT EXTENSION/BUR OAK ADDITION A. Preliminary Plat Extension for Bur Oak Addition --The City has received a letter from Harstad Companies requesting an extension of the Bur Oak Addition for the second addition. Their reason for pursuing a request for an extension was to negotiate with the City the possibility of selling land on west side of the plat for a community athletic facility. This item was discussed at the joint APRC and City Council meeting on May 26. If further review determines that site is not desirable as a community athletic field, the Harstad Companies will pursue their final platting and develop the lots in accordance with their approved preliminary plat. Please refer to the City Planner's report, a copy is enclosed on page ((s As an approval of a preliminary plat extension, staff is recommending that the developer notify each and every buyer that the lots are located in Noise Zone 4. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat extension for Bur Oak 2nd Addition. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, CITY PLANNER DATE: JUNE 1, 1088 RE: PRELIMINARY PLAT EXTENSION - BUR OAK ADDITION The City has received a letter from Harstad Companies requesting an extension of the Bur Oak Addition. The first phase of Bur Oak has been final platted and streets and utilities have been installed on the east side of the plat. Access to the Bur Oak Addition is presently through Inver Grove Heights and has been a real marketing problem for them. The preliminary plat for the second addition has, or will, expire in, _the very near future and the Harstad Companies has been working with the City in regard to selling land on the west side of the plat to the City for additional recreational facilities. This option is currently under study by City staff and if agreements can be reached regarding price and acreage, the City may purchase additional parkland for community needs in this area. However, if terms and acreage cannot be agreed on, the Harstad Companies wishes to pursue with their preliminary plat and develop the lots in accordance with the approved preliminary plat. In review of the preliminary plat, it appears that the only issue which has arisen in regard to past conditions is regarding notification that these lots are in Noise Zone 4. In relationship to the aviation section of the Comprehensive Guide, this noise zone does go over the Bur Oak Addition and the City has agreed with the Metropolitan Council regarding notification these lots are within Noise Zone 4 of the Minneapolis/St. Paul International Airport to perspective buyers. In past approvals, this was agreed on, however no documentation has occurred as to how this condition is being satisfied. Therefore, staff is suggesting that either the applicant agree through deed restriction or notification on the deed that these lots are within Noise Zone 4 of the Mpls./St. Paul International Airport. If you have any questions or would like additional information, please advise. 10 1. C Planner lanner DC R/ j s Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/PICKETING IN RESIDENTIAL NEIGHBORHOODS B. Ordinance Amendment for Picketing in Residential Neighborhoods --The Police Department has requested the preparation and consideration of an ordinance that would ban or regulate by permit, picketing of private residences. The City's prosecuting attorney, Kevin Eide, has prepared an ordinance that restricts picketing of private residences with the exception of picketing where the site of the picketing is a residential home, or a public or private improvement that is currently under construction in a residential area, or where a business is lawfully being conducted in a residential area and for which no other forum exists for the expression of free speech. The Police Department has requested the ordinance to protect the welfare and integrity of residential neighborhoods. A total restriction is most regulatory causing a total prohibition of picketing in residential neighborhoods providing maximum enforcement for the Police Department. A permit process would require official notification to our Police Department, a notification process that is important to an orderly demonstration. The City Administrator and Chief of Police Berthe will be present to provide any additional information as a part of the discussion on Tuesday. For a copy of a memo dated April 29 from the prosecuting attorney and the proposed ordinance restricting Ticketing in residential areas, refer to pages 1 ' through For Council's information, staff received several phone calls from residents objecting to a ban on picketing in residential neighborhoods. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment regarding picketing of private residences. HAUGE, EIDE & KELLER, P.A. ttorneys at J2aw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 April 29, 1988 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Picketing Ordinance Dear Mr. Hedges: PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE REQUESTED ACTION: The City Attorney's office asks that the enclosed proposed ordinance be reviewed by the Eagan City Council and be scheduled for a public hearing. Enclosed please find a copy of a proposed ordinance banning picketing in a residential area. In my previous letter to Mayor Ellison and the City Council dated February 24, 1983, I advised the Council that they may consider an ordinance banning picketing in a residential area or one that requires a permit for picketing. In the latter case, picketing would be presumed to be permitted unless particularly exigent circumstances would require the City to deny the permit. Also under an ordinance which would allow picketing by permit, conditions such as the hours of picketing, number of individuals picketing, prohibition of public address systems and consumption of alcoholic beverages at the picket site and notification of affected neighbors could be included. Based upon my subsequent conversations with the Eagan Police Department, we believe that the privacy of our residential neighborhoods and the drain upon police services strongly indicate that picketing should be banned in residential areas. I have therefore prepared a proposed ordinance to accomplish this. I have previously indicated to the Council that no cases have been found where an ordinance banning picketing has survived constitutional challenge. However, there is clear indication in these cases that an ordinance, properly constructed, could survive constitutional challenge and each of the cases provides direction on how this may be accomplished. W)gli Page Two Mr. Thomas Hedges April 29, 1988 I will be prepared to appear before the Council at a public hearing, if one is scheduled, to present in written form, and orally, the basis upon which we do believe that this proposed ordinance would survivie a constitutional challenge. In the alternative, if the Council believes that an ordinance providing for the permitting of picketing activities is more appropriate, we will promptly prepare such a proposed ordinance. Very truly yours, HAUGE, EIDE & KELLER, P.A. U. Kevin W. Eide KWE:cam Picketing of Private Residences. Subd. 1. Purpose. Residents of the City of Eagan have the fundamental right to enjoy in their homes a feeling of well-being, tranquility, privacy+, and security. The practice of picketing or demonstrating in front of and around, residences disturbs this sense of peace and causes emotional distress to the occupants. In addition, many residential areas in the City do not have sidewalks. As a result, picketing must take place on the public streets, requiring police personnel to direct traffic. This results in a drain on police resources that are better spent in other areas of crime prevention and investigation. If the residential forum is restricted, there are ample opportunities for people to exercise their freedom of speech and other constitutional rights in other forums. The public health, safety and welfare will be served by a prohibition on picketing and demonstrating in residential areas, with a recognition that the same level of tranquility is not expected in areas which are not purely residential. Subd. 2. Prohibition. No person shall engage in a demonstration of any type or picket in front of or near a residence or dwelling place including upon a street or boulevard, that is located within a residential zoning district, including that part of a planned unit development which is solely residential, and more than 200 feet from any business or industrial zoning district. Subd. 3. Exception. The prohibition set forth in this Section shall not prevent the picketing where the site of the picketing is a residential home or public or private improvement which is currently under construction in a residential area or where a business is lawfully being conducted in a residential area and for which no other forums exist for the expression of free speech. ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, ADDING TO EAGAN CITY CODE CHAPTER _ ENTITLED " " BY ADDING THE FOLLOWING PARAGRAPHS AND ADOPTING BY REFERENCE, EAGAN CITY CODE SECTION 10.99, WHICH CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section . PICKETING OF PRIVATE RESIDENCES. Subd. 1. Purpose. Residents of the City of Eagan have the fundamental right to enjoy in their homes a feeling of well-being, tranquility, privacy, and security. The practice of picketing or demonstrating in front of and around residences disturbs this sense of peace and causes emotional distress to the occupants. In addition, many residential areas in the City do not have sidewalks. As a result, picketing must take place on the public streets, requiring police personnel to direct traffic. This results in a drain on police resources that are better spent in other areas of crime prevention and investigation. If the residential forum is restricted, there are ample opportunities for people to exercise their freedom of speech and other constitutional rights in other forums. The public health, safety and welfare will be served by the regulation of picketing and demonstrating in residential areas, with a recognition that the same level of tranquility is not expected in areas which are not purely residential. Subd. 2. Prohibition. No person shall engage in a demonstration of any type or picket in front of or near a residence or dwelling place including upon a street or boulevard, that is located within a residential zoning district, including that part of a planned unit development which is solely residential, and more than 200 feet from any business or industrial zoning district without a permit provided for in this Section. Subd. 3. Permit. Any member of the public desiring to conduct picketing or demonstrations in any area where these activities are prohibited may apply for a permit at least three (3) days prior to beginning such activities. The permit application shall be reviewed by the Chief of Police or his/her designee and the City Administrator. The Chief of Police shall approve the issuance of a permit to conduct picketing or demonstrations, within two (2) days of the filing of the application, in all cases except (a) where conditions exist or would exist which would likely endanger person or property, (b) when inadequate police personnel can ia0 be allocated to ensure peaceable assembly and unimpeded flow of traffic, (c) when the applicant, or other member of a sponsoring group, has been convicted within the last twelve (12) months of a violation of State law or municipal ordinance, relating to a failure to peaceably assemble while picketing or demonstrating, or (d) the City Administrator determines that proposed activity is not constitutionally protected free speech. Subd. 4. Conditions for Granting Permit. Unless waived by the City Council or City Administrator, each permit shall set forth conditions for the issuance of the permit including, but not limited to: a. Compliance with all State and local laws. b. Picketing or demonstrations shall take place between the hours of 10:00 a.m. and 8:00 p.m. c. All streets, roadways and driveways shall be kept open. d. All persons picketing or demonstrating must be upon the street or boulevard and shall not encroach upon private property. e. No public address systems shall be utilized. f. No alcoholic beverages or illicit drugs shall be permitted at the site of the picketing or demonstration. No bright lights shall be utilized. g• h. The applicant shall notify the Chief of Police and each landowner/tenant within 300 feet of the home which is the subject of the picketing or demonstration, on the date prior to each date that picketing or demonstrating is going to take place. This notice shall provide the date, time and place of the picketing or demonstration and the subject matter of the picketing or demonstration. i. The number of persons picketing or demonstrating shall be limited to 50 persons if application is for picketing or demonstrating for no more than one (1) hour in seven (7) consecutive days. In all other cases, the number of persons picketing or demonstrating shall be limited to ten (10) persons at any time. 4 \Dd\ 7 The 1. individual or sponsoring group shall notify the Chief of Police at all times of the name of the person in charge at the location of the picketing or demonstration. k. No permit shall be issued for a period of greater than one month. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim hereunder. Section 3. Effective Date. This ordinance shall take effect upon it adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/SUSPENSION/REVOCATION OF LICENSE TO SELL ALCOHOL C. Ordinance Amendment, Section 5.02 (F) Suspension or Revocation of License to Sell Alcohol --Police management, the City Administrator and prosecuting attorney are proposing that an ordinance amendment be considered that would provide a more clear and fair procedure relating to the suspension or revocation of a license to sell alcoholic beverages. Recently, the City experienced some violation regarding the sale of alcoholic beverages by various on -sale liquor establishments. After reviewing the ordinance, it became clear that the language does not clearly give direction as to how the City should proceed relating to a suspension or revocation. As stated in a memo prepared by the prosecuting attorney, the ordinance does not indicate whether an oral or written warning should be considered a violation or whether a citation not prosecuted to a conviction should be considered to be a violation. The ordinance also required a clarification on other procedure relating to violations. This item was discussed at the May 3 City Council meeting, and direction was given to the City Administrator to notify all liquor establishments and schedule the ordinance amendment for the June 7 meeting. For a copy of a memorandum from the pro ecuting attorney and an ordinance amendment, refer to pages Id -Lk through ‘3\ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to Chapter 5, Section 5.02 (F) of the Eagan City Code relating to the suspension or revocation of a license to sell alcoholic beverages. HAUGE, EIDE & KELLER, P.A. tlorneys at Xaw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 "' 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 June 3, 1988 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE RE: Section 5.02, Subd. 4.(F) of the Eagan City Code Relating to the Suspension or Revocation of a License to Sell Alcoholic Beverages. Dear Mr. Hedges: CONCLUSION: The City Attorney's office is asking the Eagan City Council to review a proposed ordinance amendment relating to action against a liquor license in the event of a violation of that license. DISCUSSION: As you are aware, the Eagan Police Department recently conducted an operation whereby individuals who are under the age of 21 entered into five establishments licensed to sell alcoholic beverages in the City of Eagan. In each of these cases, these individuals, too young to legally drink, were served alcoholic beverages without a request that identification be produced. In each case, the bartender who served the individuals was cited for selling to someone under age. In subsequently reviewing our ordinance relating to the effect of these violations, we are concerned about two problem areas. First, our current ordinance which is set forth in Code Section 5.02, Subd. 4.(F), does not provide specific direction on how the City should proceed. For example, the ordinance does not indicate whether an oral or written warning would be considered a violation or whether a citation not prosecuted to a conviction should be considered to be a violation. It is my opinion that the wording of the current ordinance does not require prosecution or conviction for an event to be considered a violation, however, this should be clarified. The ordinance also does not clarify when a violation should be reported to the City Council. My construction of the current ordinance would be that a violation should be reported in all cases to the City Council and you will see that in every case the Council must take some action with respect to the license or a civil fine. I believe this to be a waste of the Council's precious time and this has not been the practice of the police department in the past where they have referred violations to the Council only when a series of violations have occurred and the police department believes some action against the license is necessary. Mr.. Thomas Hedges June 3, 1988 Page 2 Further, the ordinance provides that the Council must revoke or suspend a license after three violations. There is no indication in the ordinance as to the time period over which these violations may have occurred and it is our construction that the current ordinance would require a suspension or revocation if three violations occurred anytime during the period in which this licensee has held the license in the City of Eagan. I believe this to be too restrictive. Another construction would be that suspension or revocation is required if the three violations occur in a single calendar year as the license is technically renewed each year. I believe this construction to be too liberal. The second problem with the current ordinance is that it does not provide sufficient flexibility for the Council to determine the appropriate sanction under the individual circumstances of each licensee. By providing that the Council "may" instead of "shall" take certain actions, we have now provided for that flexibility. We are asking for Council to review this proposed draft of the ordinance and to direct the staff to make any changes that are deemed to be advisable. I also enclose a copy of a letter mailed by our office to all current liquor licensees requesting comment on the ordinance revision. To date, no comment has been received by our office. KWE :ras• Enclosure Very truly yours, HAUGE, EIDE & KELLER, P.A. 141)teic, lam.' skj Kevin W. Eide `a5 HAUGE, EIDE & KELLER,rP.A. J illorneys al ohaw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 May 16, 1988 RE: Amendment to Eagan Liquor Sale Ordinances Dear Sir or Madam: PAUL H. HAUGE KEVIN W EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE Please find enclosed a copy of a revision to Section 5.02, Subd. 4(F) of the Eagan City Code relating to the suspension or revocation of a license to sell alcoholic beverages within the City. Paragraphs F, G, H, and I would be substituted for the current paragraph F, and the current paragraph G would be rescheduled as paragraph J. For your information and assistance, I am also enclosing a copy of the current Eagan City Code Section 5.02 entitled Applications and Licenses Under This Chapter - Procedure and Administration, and from Applications Through Administration. The revision of Section 5.02, Subd. 4(F) is scheduled to be considered at a public hearing before the Eagan City Council on June 7, 1988. The public hearing was ordered by the Eagan City Council on May 3, 1988. The revision to the City Code is felt to be necessary to provide City staff and liquor license holders within the City, with clearer guidelines relating to when action will be taken to suspend or revoke a license to sell alcoholic beverages within the City of Eagan. The proposed revision also provides greater discretion to the Eagan City Council in imposing penalties for violations by removing language that mandated the City Council to revoke or - suspend a license under certain conditions. This letter is being sent to afford you an opportunity to comment on the proposed changes prior to, or at the City Council meeting of June 7, 1988. If you wish to comment on the revision prior to the Council meeting, you may contact Prosecuting Attorney Kevin Eide at #456-9000 or Administrative Captain Patrick Geagan at #454-3900. KWE:ras Enclosure cc: Thomas Hedges James Sheldon Very truly yours, HAUGE, EIDE & KELLER, P.A. W vin W. Eide Prosecuting Attorney -City of Eagan l a� ORDINANCE NO. 5.02, 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.02, Subd. 4 (F) and (G) AND BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5, is hereby amended by changing Section 5.02, Subd. 4(F) to read: F. Violation. For this section, a violation shall be defined as any failure to comply with a statute, regulation or provision of the City Code relating to alcoholic beverages. An officer of the Eagan Police Department or any other employee or agent of the City of Eagan or an agent of the Minnesota State Liquor Control Commission who becomes aware of a violation, regardless of whether any action is taken to issue an oral or written warning, a citation or a complaint, shall prepare a written report of the violation. One copy of the report shall be given to the Chief of Police and the City Clerk respectively. A violation by an officer, employee or agent of the licensee shall be deemed to be a violation by the licensee. G. Hear ing. . A hearing shall be conducted before the City upon the recommendation of the Chief of Police or the City Clerk, except that a hearing before the City Council shall be mandatory in the event that the City Clerk records three violations in one year or four violations in a three year period. The period of one year or three years shall begin from the date of the first violation to be counted and shall not be based on calendar years. The purpose for the hearing shall be to determine whether a violation has occurred and the penalty to be imposed. For the purpose of this hearing a conviction on any criminal charge shall be conclusive of the fact that a violation has occurred, however an acquittal shall not be conclusive that a violation did not occur. The City Council may, in its sole discretion, appoint a hearing examiner to conduct a hearing under the Administrative Procedures Act and determine whether a violation has occurred, however, the penalty shall in all cases be determined by the City Council. No suspension or revocation shall take effect, nor civil fine imposed, until the licensee has been afforded a hearing as provided for in this paragraph. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the date, time and purpose thereof. 4 91 H. Penalty. The City Council may revoke or suspend, for a period not to orceed sixty days, a license granted under the provisions of this Chapter or impose a civil fine not to exceed $2,000.00, for each violation on a finding that the licensee has committed a violation as defined in Section 5.02(F). In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this Chapter. In the event that a fine imposed pursuant to this paragraph is not paid within fifteen days of its imposition by the City Council, the license shall be permanently suspended until the fine is paid. I. Additional Restrictions. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. Section 2. Eagan City Code, Chapter 5, is hereby amended by changing Section 5.02, Subd. 4(f) to read: Gy J. Corporate Applicants and Licenses. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk - Treasurer in writing of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license shall be ownership issued to the corporation, and any such license revoked thirty days after any such change in or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate license in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Section 3. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 5.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: Agenda Information Memo June 7, 1988, City Coun,il Meeting ORDINANCE AMENDMENT/DEVELOPMENT STANDARDS FOR SUBDIVISION REGULATIONS D. Ordinance Amendment, Development Standards/Subdivision Regulations --During the past several months, the City Council has met in several workshop sessions to review and consider an amendment to the subdivision ordinance. The amendment proposes several changes to existing development standards while adopting new regulations for development projects. The main items to be considered are 1) exterior finish, 2) underground parking, 3) association bylaws, 4) maintenance codes, 5) maximum number of units --bulk and size requirements, 6) landscape regulations, 7) parking lot standards, 8) length of cul-de-sacs, 9) other requirements, i.e., requirement of attached garages, preforestation. . . At the most recent workshop held on May 23, the City Council directed that an amendment to the subdivision ordinance be prepared by the City Attorney and reviewed by the Developer's Task Force. The Developer's Task Force met on Thursday, June 2, to review the proposed regulations. Their comments and a copy of the proposed ordinance will be available for review as a part of the Administrative packet on Monday, June 6. After further consideration is given to the proposed ordinance, the same will be sent to the Advisory Planning Commission for their review and consideration at their June 28 meeting. The City Council would give final ratification to the new regulations at their July 5 meeting. For additional information, refer to working memos prepared by the City Attorney and City Administrator that address regulations that are under consideration for incorporation into the proposed ordinance. These memos are enclosed on pages l� through 1:2)q At a recent joint workshop session with the Planning Commission held on May 26, Mayor Ellison stated that the ordinance revising development standards and amending the subdivision chapter of the City Code is a first step in reviewing development regulations. As the City continues to review its development procedures and the quality of projects, other regulatory changes may be recommended and adopted in future months. The City Council may wish to include new development standards as conditions of approval for any preliminary plats that are given consideration prior to formal adoption of this ordinance. ACTION TO BE CONSIDERED ON THIS ITEM: To direct a public hearing before the Advisory Planning Commission at their June 28, 1988, meeting to consider an ordinance amendment that considers new development standards in Chapter 11 (subdivision regulations). M E M 0 TO: 146HN VOSS AND DALE RUNKLL t vfis"r! ) 06-E3 FROM: JIM SHELDON DATE: MAY 31, 1988 RE: "BRICK ORDINANCE" The items to be considered are (1) exterior finish; (2) underground parking; (3) association by-laws; (4) maintenance code; (5) maximum number of units - bulk and size requirements; (6) landscape issues; (7) parking lot standards; (8) increasing the length of cul-de-sacs; and (9) other - which is the third page of Tom Hedges'' memo dated May 24, 1988. The first policy consideration that we talked about was the ability to convert rental to condominium or separate ownership on townhouses and quads and vice versa. The policy consideration is that each individual unit should stand alone for construction purposes. We also agreed that John would work on additional policy criteria to put in the ordinance that would relate to other health, safety and welfare issues to establish what it is that we want to do. I will talk to Mike Dougherty about condo requirements and individual platting for lots for townhouses. The initial policy consideration was that the Council wanted to upgrade the quality and construction of multi -family dwellings. To do that, the following was suggested: (1) require separate services; sanitary, mechanical, water and electric for townhouses, coach homes and quads; (2) require separate metering for each individual unit for water and electric for all multi -family structures; (3) can we require separate platting for all single -unit, on --land multi- family development,i.e. quads and townhouses, to plat in individual lots and blocks with appropriate common areas; (4) the requirement of a two -car garage for each multi -family unit based on the storage and related safety and welfare issues. A separate issue is whether that unit should be attached to the dwelling building proper. Currently we are talking about these items as policy issues with the understanding that policy is not enforceable. And the second issue is whether any of these should be converted to ordinance form. See John Voss' Architectural Standards attached for example. This will be the outline for the "brick or better" ordinance. Dale, John and I will each review it individually and make any changes or upgrades as appropriate. Our principal concern with this is the enforceability in court. Since the standard relates to exterior finish as opposed to quality of construction, we are concerned about the health, safety and welfare issue. It simply increases the cost of building but makes the structure no more sound. Memo to John Voss & Dale Runkle May 31, 1988 Page Two +. The three of us are concerned that this is a policy mistake. Some of the best construction in the City, ie. Thomas Lake, are of all wood construction. We feel that this viewpoint will be raised at the Planning Commission level. In addition, we feel that a slide presentation of apartments both in and out of Eagan would be appropriate. Perhaps a more reasonable basis and more enforceable basis to regulate multi -family construction would be on the size considerations, i.e. number of stories, bulk of building, length of building, setbacks between buildings and setbacks from property line. These are more objective standards. In addition, we feel that reports from the Police, Fire Department, Ambulance and Building Departments can justify legitimate safety and welfare concerns that would allow us to enforce these ordinances. A catch 22 on the underground parking is,Shat it increases the bulk of the building. We feel that building bulk is`have a very dramatic affect -since the buildings now rise above the height of pylon signs. If the height and bulk considerations are the most important, the exterior finish will not affect those. To some extent the proposed ordinance will be a stop -gap measure. The plan should be to have staff, council and planning representatives meet and review in detail the policy objectives and then the standards and ordinance provisions that would enact those. That would be a one-year to 18 -month process. We have discussed the possibility of a moratorium under MSA 462.355, Subd. 4. I have told both Dale and John that I am particularly concerned about any ordinance that would prohibit use of someone's property under its current zoning. The First English case out of California would seem to relate to at least a temporary taking. While State law permits it, First English, based on the United States Constitution seems to override that. It certainly is not one that we would want to argue about. The second argument under the statute is that perhaps the taking in essence would be a permanent taking as opposed to a temporary taking. Both John and Dale agree at this point that the moratorium ordinance would be a risky venture at best. Underground parking vs. attached parking vs. detached parking. Underground parking would be defined as parking that is completely under the unit. The rational for requiring underground parking is that it increases the open space because the area usually occupied by the garage becomes open space. Dale says that the safety issue is not as valid since the police indicate that the thieves go from car to car and that there are more people to be preyed upon as opposed to less. In an individual attached unit, there are more safety and storage issues that bend toward requirement. If we require a two -car garage attached to all units, we feel that this requirement would have to apply across the board to all residential units, at least moving downward toward single-family. 13 `t Memo to John Voss & Dale Runkle May 31, 1988 Page Three John and Dale have initially set a 12 -unit building as the largest that could be constructed without underground parking. Currently there is a 300 square foot credit for underground parking. The affect of the credit is that with the removal of the garage you still increase the amount of the open space. The amount of the credit should be reviewed to determine what amount, if any, should be given as a credit for the underground parking. R-2, R-3 and R-4 Districts - The City shall have the opportunity to review the management, association or structure, including by-laws, of all projects in those districts. One of the purposes of reviewing the by-laws is to make sure there is a "mechanism" there for assuring maintenance. Cul-de-sacs. Currently cul-de-sacs have a maximum length of, we believe, 500 feet. In order to allow some flexibility we have said that those could be extended to 1200 feet (the length of a normal city block.) The maximum length would be determined by the number of units, i.e. if each lot were a 100 foot width, 1200 feet with lots on each side of the street, would be a maximum of 24 units. We believe there is a rational to establish that. Housing Maintenance Codes. We really don't think there is a stop -gap to measure that can be taken on housing maintenance codes. As John Voss says, you can't "hug the whole mess" at one time. It simply is too expensive and too difficult to implement on a City-wide basis. Typically you look at it on a neighborhood by neighborhood basis. In addition, there are some practical aspects of it. You would require significantly more inspectors. The inspections are usually made at the time of sale. Typically the inspector gets a call says"the closing is this afternoon; can you inspect it this morning.'. If he does inspect it that morning, the wiring is bad and the sale falls through. This is clearly a long-range study for both the community and the City resources involved. We may want to use the HRA as a conduit or appeal to the financial community to make low-interest or easily obtainable loans available for home improvements. Landscaping. Right now it looks like the best answer to this should be left to the ages. Parking Lots. On all parking lots of 20 spaces or more, the City will impose minimum engineering specifications as developed by the City Engineer. Inspections or design standards on parking lots smaller than that would be overburdensome to City staff and with parking lots smaller than that, the use is probably not nearly as intense and thus, such a standard would not be required. JFS:rd Attachments I 3S MEMO TO: JIM SHELDON, CITY ATTORNEY FROM: CITY ADMINISTRATOR HEDGES DATE: May 24, 1988 SUBJECT: AMENDMENT TO SUBDIVISION AND/OR ZONING ORDINANCE (CHAPTERS 11 AND 13 OF OUR CITY CODE) At our special City Council meeting of May 23, there was considerable discussion regarding the adoption of new regulations to our City Code and changes in existing policies for the purpose of enhancing quality standards for future development. Several of the recommended changes apply to rental buildings of greater than two units, this includes apartment buildings, quadraminiums, townhouses and other similar projects. The City Council is hopeful that the ordinance can be reviewed formally at its June 7 meeting and if necessary, sent to the Advisory Planning Commission that month and adopted at their next regular meeting. There are two (2) preliminary plats the Council will be considering at the June 7 meeting, both of which are described as rental projects. Therefore, the necessity to require that the developer, as a condition of approval, conform to the new regulations set forth in this ordinance amendment is important to the decision-making process. Since the ordinance has been discussed on several occasions, it will be the first item of Old Business. The following is a summary of the direction given by the City Council for changing regulations within the City Code. RENTAL UNITS All multi -family structures will require a durable surface on the exterior of the building such as, "In districts R-2, R-3, R-4, and all commercial districts, seventy-five percent (75%) of the exterior finish shall consist of the following materials: a) face brick; b) natural stone; or c) glass. - All rental units shall be sprinkled and include underground parking." John and Dale should define how many units a building must contain before underground parking is a requirement. Also, an association including bylaws will be required as a part of the development agreement for each project in a R-2, R-3, R-4 district. Please examine maintenance codes and determine whether the City has an appropriate method in which the maintenance of existing dwelling units can be enforced. John and Dale should discuss language that regulates the size, height and number of units for each building if appropriate. There was some discussion last evening whether buildings should be limited to a certain number of units. This may or may not be acceptable especially if underground parking and other amenities are being requested. LANDSCAPING 4. The City Council directed a change is the landscaping policy that was adopted March 1, 1985. It was determined that underground sprinkling will be required for commercial and multifamily projects. Regarding single-family projects, a percentage of each lot must have an acceptable level of forestation. That percentage should be defined by Dale Runkle. It was also determined that tree planting and sodding of the property will occur in two (2) phases. The first phase or Policy #1 is perimeter tree planting as a part of the developer's responsibility at the time the subdivision is developed. In other words, trees and other forestation will be planted on the sideyards similar to Bob Ingstrom's Chatterton Ponds and Woodlands developments. Policy #2 is a requirement that a front yard tree and sodding will occur within 12 months after a building permit is secured from the City. The Director of Public Works would like to see a bond guaranteeing the sodding and front yard tree; however, the Chief Building Official has concerns that with 700-900 single-family permits a year, the processing of landscape bonds on each residential building permit would be a management nightmare. Please review and consider an acceptable regulatory measure so that the City can enforce Policy #2 while creating the least amount of management pain for the Building Inspection Department. Possibly Dale and John can provide some input on this item. Reforestation is to be required as a part of the landscaping policy. It should be noted that in an area where trees are removed, an equal or greater number of trees should be replanted as a requirement of reforestation. PARKING LOTS The City will impose minimum engineering specifications for all parking lots that are four spaces or greater in non R-1 developments. This includes all other residential, commercial, industrial developments. It was decided by the City Council that quality would be assured on the initial construction and there would be no provision for future maintenance. City Councilmember Gustafson suggested the Chamber of Commerce, peer pressure, and other methods to encourage an ongoing maintenance program. OTHER REGULATIONS TO BE CONSIDERED Include language that would allow for longer cul-de-sacs that diminish through traffic and permit creative infill development. Allow for cul-de-sacs with center islands on a case by case basis. Require landscaped er!trancE`7 and boulevards where appropriate in new developments. There must be a minimum of 20 feet between all structures. All single-family dwellings will be required to have a 20' X 20' minimum garage stall attached to the dwelling unit. All chimney flues must meet City specifications. All single-family residents must have paved driveways. All concrete block exposed on walkouts must be painted. All buildings, including single-family and all other classifications, must contain a construction debris container or debris pick-up system. SUMMARY The aforementioned paragraphs describing either ordinance or policy changes was taken from my notes and a memo entitled quality indicators dated May 3 prepared by Administrative Assistant Hohenstein. To the best of my knowledge, specific items to be included as an amendment to our subdivision ordinance are included in this memo. Most of the other items identified as quality indicators are more of a community leadership requiring promotion and encouragement or the cooperation of other agencies or groups. An example is the recognition of Reggie Award winners, Arbor Day tree plantings, recognition of neighborhoods for civic efforts and other related items. I realize the time frame is tight for completion of an amendment to the subdivision ordinance; however, this item is a high priority on the part of our City Council and must be considered for the June 7 meeting. Late next week I will schedule a Developers Task Force to allow their review of either this memo or a specific amendment to the subdivision ordinance. It was City Councilmember's suggestion that these changes be at least shared with the Developers Task Force for their input and awareness. (111314)City Adminira or TLH/kf cc: City Planner Runkle Director of Public Works Colbert Chief Building Official Reid Administrative Assistant Hohenstein 4rchitectur l Standards City c Eagan Proposed amendment to Section 11.30 Performance Standards of the City of Eagan Zoning Ordinance. L. Architectural Standards. In the best interest of the City to promote high standards of architectural design and compatibility with surrounding buildings, all new buildings within all zoning districts except Agricultural, Public Facilities, Residential R-1, Estate and Mobile Home R-5, shall be developed in accordance with the following design standards: (1) Architectural plans shall be prepared by a registered architect and include (a) elevations of all sides of the building; (b) dimensions of all structures; (c) location and screening of heating, air conditioning and ventilation systems. (2) In districts R-2, R-3, R-4 and all commercial districts, seventy-five percent (75%) of the exterior building finish shall consist of material comparable in grade and quality to the following: (a) face brick; (b) natural stone; or (3) glass. , (3) In districts 1-1, I-2 and R -D, seventy-five percent (75%) of the exterior finish shall consist of material comparable in grade and quality to the following: (a) face brick; (b) natural stone; (c)cglass; (d) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative maeerial or texture; (e) smooth concrete block if scored at least twice. (4) In Planned Development districts the standards of paragraphs L(2) or L(3) above shall be met as appropriate to the particular use. (5) In all districts(excep.9 Agricultural, Public Facilities, Residential R-1, Estate and Mobile Home R-5, wood stucco, vinyl, metal, plastic or a combination of these materials shall not comprise more than twenty-five percent (25%) of the exterior finish of a building. (6) An addition to an existing building which constitutes a fifty percent (50%) increase in floor area shall be required to meet the above requirements. Eagan.13 Agenda Information demo June 7, 1988, City Council Meeting PRELIMINARY PLAT/CRYSTAL PONDS E. Preliminary Plat for Crystal Ponds/Asp Construction, 13.7 R-4 Zoned Acres for 137 Apartment Units --A public hearing was held by the Advisory Planning Commission at a regular meeting held on March 24, 1988 to consider the preliminary plat application for the Crystal Ponds Addition consisting of 137 rental apartment units on 13.47 acres located along the south side of Highway 55 just north of the Bur Oak Park area. The APC recommended denial of the application. At the April 19 City Council meeting, this item was sent back to APC due to the developer's request to revise the project by adding an additional road connection point to eliminate the request for a variance, reduction of dwelling units and additional screening and landscaping along the property lines of adjacent property owners. The APC again considered the proposal with the revisions at their meeting on April 26. The motion to approve this plat with additional conditions was deadlocked 3 to 3. The City Council considered the APC's most recent recommendation at their May 3, 1988 meeting and a motion was introduced to continue the application in order to allow the staff to review the cul-de-sac option, to request a response from MnDOT regarding the access alternatives and safety issues and that the Council reconsider the application at its June 7, 1988, meeting. The Planning Department has met with representatives of MnDOT to review the proposed cul-de-sac option and their staff appears to be in agreement that the cul-de-sac should be included as a part of any project approval. It was necessary that MnDOT conduct a full review and their findings will be addressed as a part of the Administrative packet on Monday. The developer, Richard Asp, is aware of proposed changes in the subdivision ordinance and will make an effort to include new regulations into his project. The Advisory Parks and Recreation Commission is recommending a cash donation. For a copy of the original Planning and Engineering Department reports and other pertinent informati n about the proposed Crystal Ponds project, refer to pages � C( ! through H (o a . This information also includes the recommendations of the Advisory Planning Commission at both their March 24 and April 26 meetings. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for preliminary plat as revised and entitled Crystal Pond Addition, consisting of 137 rental units located adjacent to Highway 55 just north of the Bur Oak Park area. ,c MEMO TO: DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER 1 DATE: APRIL 25, 1988 ` SUBJECT: CRYSTAL PONDS ADDITION At the March 24 Advisory Planning Commission meeting, this item was unanimously denied for a variety of reasons, including the need for a cul-de- sac in excess of the the five hundred feet permitted by Code, the traffic on Highway 55, the single access to the site, and the close proximity of the single-family homes to the south. The Council at the April 17 meeting referred this item back to the Advisory Planning Commission prior to any formal action since some modifications to the plat were being proposed by the developer in response to the Planning Commission's concerns. All property owners within three hundred fifty feet have been notified that this item has been scheduled for the April 26 meeting. As an "Old Business" item, it has been scheduled for the May 3 City Council meeting. Proposed Changes 1. Buildings 6 and 7 of the original plan have been eliminated (a reduction of sixteen units) and all property line setbacks meet Code requirements. 2. A secondary access has been provided and the cul-de-sac length has been shortened to approximately five hundred feet. 3. Building setbacks along the southern property line are at least fifty feet (thirty feet required) and a six -foot -tall wooden fence is proposed along the western and southern property lines. Enclosed is a copy of the original site plan and the revised plans. All conditions of the previous staff report still pertain except for the need of a cul-de-sac Variance. Engineering Comments The items of concern identified in the March 15, 1988 report have not changed as far as grading, drainage, erosion control, utilities, easements, ponding area, and assessments are concerned. The proposed street grades meet City Code requirements. Two access points onto the frontage road along Trunk Highway 55 do not cause adverse traffic circulation concerns. The total number of trips generated by the site is not dependent upon the number of access points. The details of the proposed retaining wall construction were not proveded for review at this time. These design details are required on the proposed grading plan. - Planner j Enclosure JSImc • bg PNOPNC fl //b / t I 1 I • •I r j • • •t • '•••••• ••• I -.I ;! 14 •-• 4 •.. ,•••••"' • I• • . ••• • 4. :IA .:1.1• • '1' • ,re ; m. • Hrr; '88 14:51 PARKO/FARGO PAGE .O2 . 4 ittr 2A:; g$ e 411i omssamosill • 4/1 .: Oi 1 ' Di✓.� 1 LW;CI: .P ...�9 Lir •9:• pas• ?7 .d. -Lbw n • r s� . •?.1 ( 1/3 1 RECEIVED APR 2 2 1988 r+rR cc 'd 14:51 PARKO/FARGO PAGE.03 4 o. t,s' • l�!V.L.: .4.51,1 M' BC rei CJ^r .'nr''.f .4o7 a :rte .(e)-7 (4( 1 Co cv N w �w 14:52 dt h'ARK0 FARGO 1/ h as .11111111.. 0. 0°' inall 000 sir' tI': __1_ • m 41''P NIL PAGE . ©5 .. t .4..,iZrw Lge RECEIVED APR 2 2 V88 HrK �z '88 14:54 PARKO/FARGO • 743,674.11 0�I ''q 1J e l` �'� (=!1' (11 .� f 1� i 1 li� itiiilf �i`` yyjff l J #11;1111.Ii I:u . 1:1!117 o J I • I ■ 1 fr I: • Z7 / • ktliq 11 es MAUI u p. • v /•w• a•e• 10•••• •,••:o ::::1:1C11881 PAGE.06 a a• •••...Mum •I r ,1# 2 .1 • • if C 0 a ZsifL , 6i It 00116!!6b a • • di 1 s 0 • 1 1v 1 411 6 ••P„[ era .Vi IU y rr•ww. �Y yen•p•.a.•aty Y! ale 9^S c' .! 1YYi I /v7 RECEIVED APR 2 2 1988 MINUTES OF A REGULAR MEETING - EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 26, 1988 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 26, 1988 at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Garry, Voracek, Miller, Graves, and Wilkins. Absent were members Merkley and Trygg. Also present were City Planner Dale Runkle, Assistant Planner Jim Sturm, Assistant City Engineer Mike Foertsch and Assistant City Attorney David Keller. MINUTES Voracek moved, Miller seconded the motion to approve the minutes of the meetings of March 22, 1988 and March 24, 1988 as prepared. All voted yes, except Wilkins who abstained because she was not present at both meetings. All voted in favor. AGENDA Chairman Pawlenty noted that the O'Neil site was not on the agenda and that item G, Eagandale LeMay Lake 3rd Addition was being continued at the request of the developer. It was also noted that item I, Lexington Addition, was to be continued and verification obtained from the developer that the continuance was at the developer's request., Wilkins moved, Garry seconded the motion to approve the agenda with the deletion of items IV.G and IV.I. All voted in favor. CRYSTAL, PONDS - PRELIMINARY PLAT The first public hearing of :the evening was convened by Chairman Pawlenty in regard to the application of Asp Construction for preliminary plat of 13.7 R-4 (Multiple) zoned acres for 121 apartment units located south of Highway #55 in the north half of Section 12. Mr. Sturm introduced the project and advised the Commission that this item had been previously heard by the Commission and recommended for denial to the City Council. Due to revisions that are proposed by the developer, the City Council had requested that the item be reheard by the Advisory Planning Commission. Mr. Sturm then reviewed the notification process and the changes to the proposal. 7VaP apr 11 to, lytStl Mr. Richard Asp, President of Asp Construction, advised that the development had been ,Eeduced from. 137 to 121 units, resulting in 8.6 units per acre density. Further, an increased setback had been provided to the south, and 4n addition to two accesses to the proposal. It was the developer If position that the connection of the two cul-de-sacs resulted Y_` cul-de-sacs which did not need a variance. In response to member Voracek's concerns, it was indi- cated that the two access points were approximately 150 feet apart. Mr. Don Chapdelaine, 575 Chapel Lane, advised that landscaping, including trees, were needed as a natural barrier to the proposal as the fence would not always remain in excellent condition. He suggested that the exterior of each building should be constructed of brick to ensure quality development and low maintenance. He also requested information as to the height of the buildings adjacent to Lots 9 and 10 along Chapel Lane. Mr. Jerry Growth, 642 Rita Court, indicated that the service road providing access to the property did not meet City Code. In his opinion, a major accident was likely to occur with additional traffic on this road. Ms. Sharon Manninen, 624 Sally Circle, expressed concern that the service road could not be upgraded to a width to handle the proposed traffic. She also suggested that the State would not allow a third traffic light at the access point onto Highway #55, thus creating a dangerous situation. She requested that members walk through the site and stated that parks in the area have not been upgraded. Ms. Kathy Brazeau, 3239 Random Road, expressed her concern in regard to this development. Mr. David Roe, 3216 Random Road, suggested that the City of Eagan should consider exterior requirements for multi -residential buildings to ensure that low maintenance materials are used throughout the City. Mr. Dwight Larson, 3225 Random Road, expressed concern in regard to traffic .and suggested that the frontage road could not be widened. He theorized that additional traffic would mean that existing residents would not be allowed to park on Random Road, thus creating an additional burden on those residents. Mr: David Manninen, 624 Sally Circle, noted that the Bur Oak development had been proposed for higher density residential and after complaints by -the neighbors was now a high value single family development.. . Mr. Dan Boche, 611 , Sally Circle, questioned whether the developer intended to dump snow from plowing onto the pond. Mr. Doug Witt, 535 Chapel Lane, suggested that the cul-de-sac be moved closer to the pond to create a greater buffer to the residents to the south. Mr. Sturm noted that the building was proposed up to the ponding easement area. Mr. Gary Stofferahn, 607 Chapel Lane, indicated a 6 foot high fence was not high enough and would only create a danger to children who would think they could climb the fence. Mr. Don Tietjen, 555 Chapel Lane, noted that airplane noise is a serious problem in this area and that the City would now have to deal with the complaints of an additional 121 household units. Mr. Kevin Schaaf, 646 Rita Court, suggested that this area was late in being plowed for snow, which would now be a problem for an additional 121 residential units. Mr. Gary Gandrud, the attorney for the developer, advised that the property could not be reduced in density due to the price paid by the developer. He indicated that the developer had already deleted $800,000.00 in apartment units with the last revision, in addition to increased street construction, resulting in a alleged outlay of $1 million. He advised that the Royal Oaks apartment complex was a $15 million investment on the part of this developer and was well maintained. He stated that the exterior of the proposed development met City Code requirements. He suggested that brick in other cities applied to commercial developments. He noted that snow would not be stored on the pond as the revised plat contained more snow storage area. Mr. Pawlenty questioned who would be using the interconnecting road between the cul-de-sacs. Mr. Asp and Mr. Gandrud suggested that the residents might use the road, but more importantly, emergency vehicles would be provided with an alternate entrance to the cul-de-sac areas. Member Wilkins questioned the responsibility for the frontage road, along Highway #55 which Mr. Foertsch said had been conveyed to the City by the State. He advised that the road did need upgrading but there was no time plan to implement at this time. Mr. Foertsch advised that the City's traffic engineer had reviewed the proposal, indicating that the additional access did not have a significant impact in regard to the 300 additional daily trips to be created by this development. Member Wilkins noted that the R-4 zoning was in place but that the City could try to make sure that the best development possible was constructed and that the road be upgraded. Member Miller noted that the contour of the various properties would not allow a fence to obstruct the view of the apartments from the single family residence. April 26, 1988 Member Voracek questioned the height of the building facing the single residents to the south which appeared to be approximately 30 feet in addition to the grade differential. He suggested that the portion of the frontage road between the two accesses onto Highway #55 should be upgraded at the cost of the developer. It was noted that the Parks Department would address the parks issue at its next meeting. Mr. Asp advised that the exterior of the building would consist of low maintenance vinyl siding with aluminum soffits, facia and windows. Mr. Runkle advised the Commission that staff was in the beginning process of reviewing Ordinances in other cities in regard to exterior materials requirements on multi -residential units. Member Miller inquired of the developer as to whether he would voluntarily upgrade the exterior. Mr. Asp indicated he would research the issue through a market analysis to determine if the improvement could be justified in future rents. Member Miller suggested that a 40% to 60% brick use might be appropriate. In response to Mr. Graves' question, Mr. Asp advised that a professional management firm would manage the property. Member Voracek indicated that he took exception to the developer's attorney's letter indicating that the zoning could not be changed. He suggested that a "buy -down" of zoning may be something that has been used in other areas. He noted that the cost would be significant and that the surrounding citizens would have to expect to participate. Wilkins moved, Voracek seconded the motion to recommended approval of the preliminary plat, subject to the following conditions: 1. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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 45/ 41e4-11 40, 1 7 0 1) 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City stoem watEstorage volume requirements. 5. All public streets :d utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 6. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 7. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 9. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 10. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 12. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 13. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 14. One covered parking stall shall be included with the rent. 15. All trash shall be contained in each unit (garage) until the day of pickup. 16. No encroachment into Pond GP -3 will be allowed. 5 etpL 11 L0, 1700 17. An easement for ingress and egress across the proposed Development providi tg an alternate point of public access to the westerly adjacent property is required. 18. The development is Required to provide public utility extensions to its westerly bounLAT y. 19. Water well to be properly abandoned pursuant to State guidelines. 20. Any septic tank will be properly abandoned. Wilkins and Graves voted aye; Garry, Voracek, Miller and Pawlenty voted nay. Voracek then moved to recommend approval of the preliminary plat subject to the conditions in member Wilkin's motion, in addition to a condition that the service road be upgraded with the recommenda- tion that the developer bear the cost of the upgrade based upon the developer's creating the need. The upgrade would be between the two accesses on Highway #55 to address the severe traffic safety problem presented by this proposal. A second condition was added that brick exterior of 40% to 60% be considered pursuant to the developer's stated agreement to research the subject. There was three members in favor and three members against. The commission then recommended that the item be forwarded to City Council without recommendation. BREEZY OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT The second public hearing of the evening was called by Chairman Pawlenty in regard tb the application of Breezy Outdoor Advertising for a conditional use permit to allow a billboard advertising sign along Highway #494 on Lot 14, Block 1, Eagandale Center Industrial Park in the northwest quarter of Section 3. Mr. Sturm described the proposed sign to be 672 square feet on each side for advertising purposes. He noted that the City had received a letter from Opus Corporation indicating their opposition. He also noted that a conditional use permit for a sign had been denied in the past by a Resolution of the Eagan City Council. Ms. Paula Schoven of Breezy Outdoor Advertising, indicated that she was not aware of the previous denial and suggested that the sign met the objective standards of the City Sign Ordinance. She stated that there were businesses in Eagan that would like to pull traffic off of #494 to their establishments. Per her request, Mr. Pawlenty read the Resolution approved July 15, 1986 which included the following reasons for denial at that time: 6 153 City Administrator, Tom Hec_-_ Mayor, '.Jir El 1 i _on �►. City C=uncii Members Re: :cr•:nw =t quarter _- _:'_t! --'n 12, B1=:c:. 38, Lot _ ana Northeast 1j_ -t r of Section 12, Block 3. Lot 1 (pr'o:pert. in L'.kCtta C•curltY 1i rtr._=:'ta. 7-27N, R-23l::i, described as follows: L'_r_.t ty south of Hi'gr:w.., c_ . . the 1/2 of _ _t l =r. Also r'eferr'ed tc' as ('1=;F'' Construction The adjacent _ ;bor':ro_d residents. =wrier'•. of =in•_ie family owes l ir_=., respectfully rec.-e=} the TI t''i' of t=.oan to consider tr.e czt.-__i.in_ th•_' above named property, from 4.-4 to i -;-I for .h:_ f_:1 ; =,':lin: reasons: 1. ....=r; our names ..7r: '_b1.=. -'.;:ted in 1973 and earlier the the p ^Qp Pr• t.. 4'•J{._ zoned C'r. _Ij ! tuI" a.1 . The :L le Pr"'..�:'er ty was r•e- __.._.: ._ -4=_:r,e_ime jurir;c the mic-73 many home ..,,,driers were not evert aware that the :orr i rrchane;_ had taken after tri_ a.t. _ =than;'::' fee. that ;.n -. :=nino would be much more compatible with t'1e ei=.1n .r1oI. Tarm. i, detached ,-.o'.::inc in the r'__. imm_diat i adjacent to the area Ir question. The homeowner= ..re concerned about the impact of additional traffic on the r''y i ce read a.I cng the south side of highway 5 and also about the impact of more traffic on the e. i •tinC area streets (mainly Random F. d and Chapel Lane). 1 t has h_h.Pen astirrlated, b; the _. T, , that with the aHdi ti'1r. of R-4 building= on said pr pe -t , there would be 3.r1 additional 300 motor '.!en I,c l e trips per day •a.l :nc this already '.:n•ea.Te , and only 22 foot wide road. Since the service road in question is bordered by private property on one side (south) and a drainage ditch for Highway 55 on the other side ,north), it is difficult for us to comprehend how it could adequetly be widened to aCCOrnmcd_.te the additional traffic neat is projected. :.le also feel that the would be a 'arett traffic traz:.ard +or any additional traffic that would do immediately from this service roa.c area out to ;-1iohw:•ty 55 end into orrcomin'c traffic. Please note that resident= use t`r= service road for aadi tional parking, as many of their dr i v'eways „-Ary =•rr .1 1 . F;_• residents and homeowners we would • 1=o strongly oppose having to pay for impr=vement= aria upgrading of this road to serve any F: development in the area. f:_ residents ar with regard to addition wo u i t sports a 1.it. coup, y t. Th _,t lot wi to heed t+ repair, Ti-lEr'E. are no pa courts, or +ost .nd young adult street=_. h'ir'e the area _pe l . concerned about the ,n+lux on population the number of young chi1firer. that an S-4 =•r•,ny There are not •.lteyu3.t: pa arc, car es in the area to keep children happy Int current Surr flak= Park is aot much more than: swings, mer'r'y— rc:un:, and slits _.; i in they haven't already been r'em_:v_c. _eball diamond=_. basketball court=, tennis ball/soccer -Field. +Jr tne older children s. The neighborhood children now play in the children n In the streets ant more tr•?.',''fig_ in certain disaster. Please note. !'n March 10, 1986, the resident_ sent a letter outlinino our =or,cerr.= r'eoardincl tri12 property to i'1..: -:r Bea 8loomcuist, tne E -ar City Council, ant c'lanninc Commission :embers. Ciur __;_ern were never 3.cknow1 etto d or addressed. We would appreciate tri 1 Council t_ kind the time to remember u=• 1 n this corner c't to _.n and tr;: in_ to help u= out. ',41- 6/' Gey `. ,<< ////L. G 1y. All rt 9.51J - l ' Z 4/ ‘,9 i, r er 1-/-5L1-)9)0 G Llc ex vs -3ai /474 L-//7-42-44, 7(02,()a- .L/2Lv. Ge) 1l . 1S % z - Lit Ck tjs4�=G>.�z 332- X4tiDo:nRpliv�D pori Rol ./-74.5-5L3.2167 devrn aie/ % g -/o2 67 ,)116/ ifQ e./4/ --F6)6 0r' si"n4,r �se�2 b��i� oar thisP���, ��'�s ai eh�+ent 32? 5 ,� w y s .s— L/ 17 0 3 a 5 3 7G z/ eyr- RQI S a.k �a )1 S1)ck 952 - ) a. 4S4 -3 6CZ., 4.4 %SAX tse. Lis •S' Vo erY)-- c /7 5;(4_ Lir xai-j 'Yvie cLe,, `q'ttckt,ca___ . j..:6 .S e 5 'St -EY .3t, V3- ? A 3 3/a" 141, -re_-.- ccs �. a, lam • assitO k 't (. / •K E -(f r l 4,1 fLy 33l7L e`t L_<4..1- c 4/5 - -79031 pis" y - 7r _1_,OkFn :41,7 1 . / , \AI 4 c /flit ?,_ •N) (L, 1- C - • j 6-2v l_cc.(Q0 j( Cr. y . - -. • 1 4/511- Th173 ,•4 k-c_S k4S QYLJCL__ r t- _s/. 4+1. • C -u2 -c-1 r may i, i)bb BLACKHAWK POND ; SANITARY SEWER LIFT STATION - PROJECT #534 The next public hearing, ^onvened by Mayor Ellison concerned sanitary sewer lift sta0:oe1,::0116.:r storation under Project #534 in the Blackhawk Pond area: Aftet Mtroduction by "Mr. Colbert, Mark Hanson detailed the project. in his report, including costs and stated that there would be:::: no assessments proposed because the area has been assessed for sanitary sewer trunk purposes. There were no objections and Wachter moved, Egan seconded the motion to close the hearing, to order in the project, and authorize the preparation of detailed plans and specifications. All members voted affirmatively. ST. JOHN NEUMANN - 1COF C - GAMBLING LICENSE An application of St...Jo.h.n....Neumann and Knights of Columbus for pull -tab gambling licenR3.0i.iFood and Liquor came next to the Council. The police ftt t report by Captain Pat Geagan indicated that there was no criminal reason to preclude the license being issued. Ron Leif of St. John Neumann was present and explained the application and answered questions. Member McCrea stated she was not pleased with gambling but it was important that local organizations be involved. The:::A7ayor also supported the local City organization. Member _G.u:s:ta:fS:OI stated that less than 10% of the gross proceeds goes..:.::::to:::::::::ch r: ty but he would support the application. Gustafson moved, Egan sec.ii:d::.....the motion to approve the application as submitted. All metboted yes. Mary O'Hara Anderson for the Metropolitan Center for Independent Living appeared and stated that her organization has received money from the MS Society and that 7 people living in Eagan are now being served. She explained the positive work being done from funds from charitable gambling and sug.g:e.s:t:ed tha.t:.:::::a portion of the proceeds be used to serve persons wi....tt67iii4qtales. Councilmembers explained that the Valley Lounge li:ease ccta<id be transferred at the request of the operator of the Vail -6y Lounge. CRYSTAL: EQ:N:pINARY PLAT The application of Asp Construction Co. for preliminary plat approval of Crystal Ponds Addition consisting of 137 rental apartment units on 13.47 acres on the south side of Highway #55 and north of the Bur Oak Park area:::: ei e::::: o the council. The property is zoned R-4 (Multiple) and Lg6:45.::0Se des:ignates the area R -I under the previous designation and .:i:eommended1?-III under the 1987 amendment to the Guide Plan. Mr. Hedges int:eoduced the application and described the two Planning:: Commission:::::, hearings with the Planning Commission at its April mee:ting..r.esu.l..t. Tiq in no recommendation, with .............................. a 3 to 3 tie vote. 6 ay May 3, 1984 Jim Sturm, the ,Assistant the terrain and the adj:o:ini and west and general bur in ss include 10 units per acre -and t. Planner, reviewed the original plan, _cases -with single family on the south the east.- The original plan would -de-sac variance was required. The revised plan ei:i t:in.at:' :=:<::t o apartment buildings with reduction in 16 units :::t.esulting in a net density of 9 units per acre, and the cul-de-sacsppeared to conform with the maximum Eagan Code lengths. Issues that were also discussed at the Planning Commission included upgrading of the service road by the developer, the feasibility of adding add::tional exterior brick and it as noted the developer has now agreed :to 30�::: xterior brick coverage and further, that it will pay for itsportt:tri of the frontage road adjacent to its project. The recommendation:::was also made that the Metropolitan Council noise contour regulat.i.oris be._adhered to within the project. Gary Gandrud, attornefo:A•S.p:'':Eonstruction was present and explained that the property had been zoned for multiple dwelling for 15 years, and the Comp Guide provides for multiple residential use. The developer is accommodating all of the requests except for the revision of the zoning. Fencing, brick exterior, the removal of 16 units and two buildings, and additi.a:n:4:1 road construction were also agreeable to the developer. He.:.;a.tsp.::di'Scussed the potential buy - down of the zoning and state:d:::::::::t.ha:t:: the developer may entertain the concept but it could be ve:r: costlyto the City. Richard Asp was present' :a:ii eviewed the project, indicating there would be 31 one-bedroom'u:rand 90 two-bedroom apartment units. Vinyl siding was proposed Vieth brick along the front entrance and side and he would agree to the noise restrictions. Councilman Wachter asked Mr. Asp if R-1 is feasible and Mr. Asp stated he had considered it, but the plan is for multi -family use. Mr. Wachter also suggested thathe new internal street configuration be changed, .:$ ei:it:;w:a:s::::ntited that the City could allow up to 10% grade so that We: elo:ng:ted configuration of the internal street could be changed. Kathy Brazeau, 3239 R;::d.om.;.;.;.:Rra:d.........a;ppeared and objected noting a major concern related to:::t: ce::c :::::the frontage road. The buses on the street and narrow width are a problem which creates safety issues for the children. Dwight Larson of 3225 Random Road was opposed and strongly recommended widening the .fr:o:nt:sge;.;:. road towards Highway #55 which would constitute a traffic ::b ; ard': i:f:::::::.not accomplished. He also explained that there wouldabie no further parking possible on the frontage road if the development i::::approved. He indicated that Mayor Ellison had distC::tuted a c d:estionnaire asking about residential preferences. •:•:•:• 7 `�o • May Jerry Groth, 64 8ita Court, stated the access road is already congested, narrow And hazard at Random Road. He recommended studying the service roadfpre approval of the project. Don Cbapdelaine, 575 0 ited a potential devaluation of the neighboring property-i-ing additional plantings and noted the fence will det cate and recommended both fence and landscaping. Mayor Ellison noted that landscaping was preferable to fence for the buffer, and Mr. Sturm stated that normally the staff recommended landscaping including 6 foot pines, but the fence would stop the children from walking tbc:qpgb the neighboring pcopertl, to the south. Boche noted tbec o v little play area for the project would res#ict ball field area. Joe and the The owner at 813 SallOW.404 if MnDOT had been evaluate the access fo sea and recommended from MnDOT prior to any construction. children asked to a coling Bill Baumann, 3245 Highway #55, appeared objecting and asked whether the developer had contacted the West St. Paul Schools about the additional children, and wa concerned about the air corridor sound impact. Ron Hoff argued the:.traffic could not be handled on the frontage road with 9 parking along the frontage road. Mr. Colbert noted that* and the frontage road have poor visibility so a 3 -way stop wainstalled. The owner of 3265 Highway #55 explained the frontage road is only 22 feet in width and improvements could be very expensive. Lynn #55 is frontage Larson, 3225 Random Road, objected that access to Highway not adequate andAcceppints from the project to the road increases tlem. Gail Ablbecg^ 555 Chat561 La explained that the R-1 would-be surrounded by 8-4andloo inadequate feasible park space in the area. Councilman Egan asked how the frontage road could be improved and Mr. Colbert stated the current width is 22 feet, down to 17 feet at the east end and it must be upgraded if the project is approved. On -street parking is also a concern. The options include the frontage with a one-way m be inconvenient for certain persons and a small cul-dootage.coad with access from the project exclusively WftIghway 8 `7 May .S, 19 id • Mr. Gandrud answered that the developer would accept either the one-way proposal o4. the cul-de-sac. Mr. Colbert upon question, noted that MnDOT has not :.f SWered the notices that have been sent to it. Mr. Gustafson asked whet. Colbert stated that posy considerable expense. Councilman Wachter asked how many trees would be removed and Mr. Asp's answer was that no trees would be saved around the pond. Councilman Wachter was opposed to the use of vinyl siding and noted that it cracks and fades. He did not favor the project and stated the R-4 zoning was allowed::.::: simply to extend the higher density use on the Shaaf site. •Mayor Ellison stated rat he:: was opposed to the R-4 zoning and in very few instances ..doe....._..t,he....oning move from an R-4 to R-1 directly. He recommended::::tha:t::::: i e::::prtij:ect not be approved until the following is determined: ad could be widened, and Mr. •could, but there would be 1. MnDOT should give an answer to frontage road access and improvements. 2. The quality development i.nd:a:ctors are being considered by the City and recommended del aY:;:;ri::f:1 'the final decision is made on the quality controls. Councilman Gustafson was:::::::g;p.posed to more apartment units but noted that the proper reasons cr Us:t::::b :.,.cited for denial. He favored preserving the parcel for park .:*:::P rposes but there would be considerable expense in doing so. Ontil the traffic issue was resolved, he would not vote in favor. Councilmembers McCrea asked the distance from the nearest apartment building to an R-1 home and noted that the project is not the typical 3 -story apartmen.::jWild.:i.ng:;::::but consists of 8 units with 9 unit density which is ark::::;:: a:e::£::t:s She noted the developer had made compromises but that::::the str: et did not appear to be adequate. McCrea moved, Egan::0.econd:e3 the motion to continue the application in order t :::::;.; 1;lt i:::.the;.;.;staff to review the cul-de-sac option, to request a re p iise:::::f:z: itii::::::::MnDOT regarding the access alternatives and safety issues and that the Council reconsider the application at its June 7, 1988 regular meeting. All members voted affirmatively. 9 Agenda Information Vemo June 7, 1988, City Council Meeting Immnipmaamal ITEMS A THRO G/NEW BUSINESS Several years ago the City hired Roger Jensen, a municipal ordinance codifier to codify all City ordinances into a City Code. Each year since the original codification, Mr. Jensen has worked with our City Attorney's office to update and recodify the City Code. Included in that process is 1) to include any new ordinances adopted during that period of time since a previous codification, 2) include any new ordinances recommended by the City Council or City Administration, and 3) make the necessary changes to the City Code to allow language to be consistent with State statutes. The City Clerk's office along with the City Attorney are meeting with Roger Jensen to update and recodify the City Code during the months of May and June; therefore, any ordinance amendments that are under consideration by the City should be reviewed and considered for adoption at this meeting. Formal public hearings are not required for any chapters of the City Code with the exceptions of eleven and thirteen which are subdivision and zoning that require formal hearings before the Advisory Planning Commission. The City Attorney has reviewed all new and pending ordinances with Paul Hauge and Dave Keller, of the firm Hauge, Eide & Keller. ORDINANCE AMENDMENT/CHAPTER 2 ISSUANCE OF CITATIONS A. Ordinance Amendment, Chapter 2, Issuance of Citations --This proposed amendment is a new section which allows certain City employees, other than peace officers, to issue citations. There are many occasions when it would be more appropriate for a City employees other than a police officer to issue a citation, such as, Zoning Administrator, Building Inspectors, Public Works Directors and other positions as identified in the attached ordinance. Peace officers are trained to deal with ordinances and statutory provisions that relate to the various class crimes, however, are not expected to understand provisions in the uniform building code, zoning ordinances and other chapters of the City Code. Enclosed on pages VoLi through pS is a copy of the proposed ordinance amending �hapter 2 of the City Code. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment to Chapter 2 entitled,"Issuance of Citations." Special Note: This approval also requires passage of a resolution granting City officials the enforcement authority and a copy of that resolution is attached on page 1(0(0. . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution granting City officials enforcement authority as described. ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CIT!'' OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 2, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY ADDING SECTION 2.38, PROVIDING FOR THE CITY COUNCIL DESIGNATION OF EMPLOYEES AND OFFICERS AUTHORIZED TO ISSUE CITATIONS, AND BY ADOPTING, BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Chapter 2 of the Eagan City Code is hereby amended by the addition thereto of a new section, to be Numbered SECTION 2.38 and to read as follows: SEC. 2.38. ISSUANCE OF CITATIONS. Subd. 1. Except as otherwise provided by statute, only a peace officer and part-time peace officer may: (1) Ask a person receiving a citation to give a written promise to appear in court; or (2) Take a person into custody as permitted by Minnesota Statutes 629.34 (1986). Subd. 2. The following City individuals may issue citations in lieu of arrest or continued detention for violation of the City Code. Areas of jurisdiction will be contained in City Policy as set forth in resolution form by the City Council. (a) Peace Officers and Part-time Peace Officers (b) Reserve Officers (c) Zoning Administrator, or his/her designee (d) Building Inspectors (e) Sign Inspectors 11,Co(( (f) Public Works Director, or his/her designee (g) Fire Inspection Officers (h) Animal Control Officers Section; 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 2.99 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: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING I. CITY OFFICIALS ENFORCEMENT AUTHORITY WHEREAS, Chapter 314 to be codified as Minnesota Statutes 626.862 for the State of Minnesota prohibits persons other than licensed peace officers from enforcing ordinances through the issuances of citations without specific ordinance authority; and WHEREAS, other City officials have a need as a part of their job to enforce such ordinances, and WHEREAS, Ordinance No. 2.38, Second Series permits enforcement by others but requires jurisdiction to be delineated in a resolution. NOW THEREFORE, BE IT RESOLVED the the following officials have the following enforcement authority in addition to authority granted under Chapter 2: Peace Officers, part-time Peace Officers and Reserve Officers - All Chapters of City ordinances plus all other applied laws they are otherwise authorized to enforce. Zoning Administrator or his/her designee, Sign Inspectors and Building Inspections Officials - Chapters 4, 11 and 13 Public Works Director or his/her designee Chapters 3, 4 and 13 Fire Inspector Officials - Chapters 4 and 10 Animal Control Officers Chapter 10 Adopted by the day of , 19 . ATTEST: City Council on this City Clerk Mayor l�� Agenda Information Memo June 7, 1988, City Council Meeting_. ORDINANCE AMENDMENT/CHAPTER 4 TEMPORARY OFF-SITE SIGN POLICY B. Ordinance Amendment for Chapter 4, Temporary Off -Site Sign Policy --This proposed amendment incorporates into the existing ordinance a reference to the temporary off-site sign policy adopted by the City Council on May 19, 1987. Enclosed on page (CA b is a copy of the ordinance amendment as directed by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny adoption of the amendment to Chapter 4 regarding the Temporary Off -Site Sign Policy as presented. \Jug ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY APF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLEL"CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXAAVATIONS AND MOBILE HOME PARKS" BY ADDING PROVISIONS RELATING TO TEMPORARY ADVERTISING SIGNS AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE SECTION 4.99, WHICH CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Section 4.20 is hereby amended by adding to Subd. 1.C.2. to read as follows: 2. "Advertising Signs" - Any sign, whether separate sign structure, wall painting or otherwise, upon which any display or advertising is placed which is unrelated directly to the use of the premises upon which the sign is located. Advertising signs, when authorized, are considered a conditional use, as defined by the Zoning Chapter, and are subject to all conditions, regulations and fees required for conditional uses in addition to the requirements of the policy adopted by the Eagan City Council on May 19, 1987. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim hereunder. Section 3. Effective Date. This ordinance shall take effect upon it adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/CHAPTER 4 CERTIFICATES OF SURVEY FOR NEW CONSTRUCTION C. Ordinance Amendment/Chapter 4 for Certificates of Survey for New Construction --This proposed ordinance amendment adds the requirement that a certificate of survey from a registered land surveyor is required for all new construction wherein additional land is to be occupied by structure or expansion of an existing structure. It is a condition of building permit issuance. A copy of the ordinance is enclosed on pagesr7d1427 This will allow City staff to evaluate whether a new structure or addition meets the proper setbacks and percentage of building area on either platted or unplatted parcels. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment adding a requirement that a certificate of survey from a registered land surveyor be required for all new construction wherein additional land is to occupied by a structure or an expansion of an existing structure. ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE, CITY CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 4, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY REQUIREMENTS FOR A SURVEYOR'S CERTIFICATE FOR NEW CONSTRUCTION AND, BY ADOPTING, BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan Code Chapter 4.03 is hereby amended to read: SEC. 4.03. BUILDING PERMITS REQUIRED. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit for each such building, structure or mechanical components from the City. A Certificate of Survey from a registered land surveyor is required for all new construction wherein additional land is to be occupied by a structure or expansion of an existing structure. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 4.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. L Section 3. Effectiv s Da This ordinance shall take effect upon its adoption and publicati according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF LIQUOR LICENSING PROVISIONS D. Ordinance Amendment, Chapter 5, Clarification of Transfer Section of Liquor Licensing Provisions --This amendment clarifies the transfer section of the liquor licensing provisions and eliminates the need to process a new application if at least 90% of the issued and outstanding shares are in the same ownership as at the time of the original application. This situation was occurring frequently with the Pizza Hut Corporation and the amendment has previously been given tentative approval by the City Council. For additional information on this item, refer to the ordinance amendment enclosed on pages V-1:5 through 11 L ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordiance amendment entitled "Beer, Wine and Liquor Licensing and Regulation" by amending Section 5.02, subd. 4d regarding transfer of licensing and, by adopting by reference, Eagan City Code Chapter 1 in Section 5.99. ORDINANCE NO- , 2ND SERIES AN ORDINANCE OF THE CITY OF ,"GAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.02, SUBD. 4.D REGARDING TRANSFER OF LICENSE AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5.02, is hereby amended to read: SEC. 5.02. APPLICATIONS AND LICENSES UNDER THIS CHAPTER - PROCEDURE AND ADMINISTRATION. Subd . 4. Action. D. TRANSFER. No license shall be transferable between persons or to a different location. Any change in individual ownership or substitution of partners is a transfer. However, a change in corporate name of a beer licensee shall not be considered a transfer if at least 90% of the issued and outstanding shares are in the same ownership as at the time of original application and Sec. 5.05 has not been violated. It is unlawful to make any transfer in violation of this Subparagraph. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 5.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. ��3 Section 3. Effectiv.t, Datrk This ordinance shall take effect upon its adoption and publicatic„i according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF BEER AND LIOUOR IN CITY PARKS E. Ordinance Amendment, Chapter 5, Clarification of Use and Possession of Beer and Malt Liquor in City Parks --This proposed amendment clarifies the use and possession of beer and malt liquor in City parks. The intent of this change is to allow some use of beer and malt liquor in parks while controlling the type of containers and quantity of alcohol under possession in a City park. For additional review, refer to pages C1(.0 through V1r7 for a copy of the ordinance entitled "Beer, Wine and Liquor Licensing and Regulation" by amending the provision regarding 3.2 beer in parks. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment to Chapter 5 that regulates the provision regarding 3.2 beer in parks. ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE :CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING THE PROVISION REGARDING 3.2 BEER IN PARKS AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5.16, is hereby amended to read: SEC. 5.16. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY AND PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS. It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage except as provided herein on any (1) City park, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. Beer and malt liquor in nonglass containers are allowed in park or recreational areas. However, it is unlawful for any person to bring or possess beer or malt liquor into such an area in keg, barrel or case lot (24 cans) quantity. This Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definit;ons jlicable to the entire City Code including "Penalty for Vio.L:tion" and Section 5.99 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: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/CHAPTER 5 REMOVING RESTRICTIONS ON OWNER SALE FROM OFF -SALE OF 3.2 BEER F. Ordinance Amendment, Chapter 5, Remove Restriction on 5% Multiple Ownership from Off -Sale of 3.2 Beer --This proposed amendment removes the restriction on the 5% multiple ownership from off -sale 3.2 beer. The interpretation of the code has been to allow multiple ownership in the case of 3.2 off -sale beer although it was not properly written. The current restriction would cause a problem for the PDQ, Tom Thumb and other convenience store chains which is not the original intent of the ordinance. The original intent was not to allow other off -sale or on -sale establishments 5% or greater multiple ownerships. For a copy of the proposed ordinance amendment, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment to Chapter 5 entitled "Beer, Wine and Liquor Licensing Regulations" by amending the provisions regarding the limitation of multiple ownership. ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF -AGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 5, ENTITLED }ER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING THE PROVISIONS LIMITING OWNERSHIP OF LICENSES AND BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5, is hereby amended by changing Sec. 5.05 to read: SEC. 5.05. LIMITATION ON OWNERSHIP. No person shall be granted an on sale beer, an on or off sale liquor or an on sale wine license at more than one location. For the purpose of this Section, any person owning an interest of five percent, or more, of the entity to which the license is issued, or such ownership is by a member of any immediate family living in the same household, shall be deemed to be a licensee. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 5.99 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: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: Agenda Information Memo June 7, 1988, City Council Meeting ORDINANCE AMENDMENT/CHAPTER 9 EXPANSION OF PROHIBITION ON PARKING OF VEHICLES FOR SALE G. Ordinance Amendment, Chapter 9, Expansion of Prohibition on Parking of Vehicles for Sale --This proposed amendment would expand the prohibition on parking vehicles for sale to public property other than streets and private property without the owners consent. It has been the City's policy that automobiles with for sale signs not be allowed to be parked on any City streets throughout the community. The police have identified a recent abuse of public property with either the parking of vehicles with for sale signs on public right-of-way, adjacent to public parks or other areas. Therefore an ordinance that would add language "other public property or upon private property without owners consent" is suggested. For a copy of this ordinance, refer to page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment to Chapter 9, "Expansion of Prohibition and Parking of Vehicles for Sale" as presented. ORDINANCE NO. , 2ND SERIES s AN ORDINANCE OF THE CITY OF ,EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 9, ENTITLED "PA, NG REGULATIONS" BY AMENDING SECTION 9.15 REGARDING ADVERTISING AND SELLING AND BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND 9.99. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 9, is hereby amended by changing Sec. 9.15 to read: SEC. 9.15. PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE. It is unlawful for any person to park a vehicle on any street, other public property or upon private property without the owner's consent, for the purpose of advertising such vehicle for sale, for the purpose of advertising for sale or selling merchandise thereon or therein, or advertising any merchandise for sale or a forthcoming event. Section 2. Eagan City Code Chapter 1, entitled General Provisions and Definitions applicable to the entire City Code including "Penalty for Violation" and Section 9.99 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: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the legal newspaper: 11 I Agenda Information Memo June 7, 1988, City Council Meeting SPECIAL PERMIT/WELSH &PANIES FOR TEMPORARY SIGN H. Special Permit for Welsh Companies, Inc., Temporary Sign --An application for a special permit was submitted by Welsh Companies requesting approval of an existing 8' x 8' x 10' on-site temporary sign. For additional information on this itm, refer to t Planning report, a copy is enclosed on pages L through j g . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special permit for a temporary sign for Welsh Companies, Inc., as presented. CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: WELSH COMPANIES LOCATION: NW 1/4 OF SECTION 26 SE CORNER OF LEXINGTON AND DIFFLEY ROADS EXISTING ZONING: CSC - COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: JUNE 7, 1988 DATE OF REPORT: MAY 31, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Welsh Companies requesting approval of their already existing 8' x 8' x 10' on-site, temporary sign. The 10' existing sign was erected approximately nine months ago. The sign meets all setback requirements and sign ordinances. If approved, this Special Permit shall be subject to the following conditions: 1. A one-year temporary time period 2. All other applicable Code requirements ce3 Agenda Information Memo June 7, 1988, City Council Meeting WAIVER OF PLAT/ZACHMAN BROTHERS CINNAMON RIDGE 6TH ADDITION I. Waiver of Plat for Zachman Brothers Construction, Inc., to Allow Individual Ownership of Lots 4 and 8, Block 1, Cinnamon Ridge 6th Addition --An application for a waiver of plat was submitted by Zachman Brothers Construction Company, Inc., requesting waivers of plats for two (2) lots in the Cinnamon Ridge 6th Addition. This type of action is required by the City Council and is normally regarded as procedure allowing for individual ownership. For a copy of the Planni Department report on this item, refer to pages Vothrough t ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat for Zachman Brothers Construction to allow individual ownership for Lots 4 and 8, Block 1, Cinnamon Ridge 6th Addition. I$5 CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: ZACHMAOrBROTHERS CONSTRUCTION CO, INC LOCATION: LOTS 4 AND 8, BLOCK 1 CINNAMON RIDGE 6TH EXISTING ZONING: PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: JUNE 7, 1988 DATE OF REPORT: MAY 31, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Zachman Brothers Construction Company, Inc. requesting Waivers of Plat for two lots in the Cinnamon Ridge 6th Addition. The Waivers would allow for individual ownership. The duplexes on lots 4 and 8 meet all setback requirements and have separate utilities. If approved, these Waivers shall be subject to all applicable Code requirements. 1988 STREET MAP ZONING MAP Ban Kruajer 8r - AIMI■r Assac'ates, Inc. 111111.11 8080 Wallace Road den Prairie, Minnesota 55344 momigimis (612) 934-4242 1111=11 INNER 4, CERTIFICATE OF SURVEY Engineering Land Surveying Landscape Architecture Planning Survey for. 1..AG141MAIti.! ` Qct . >COfivS'>r~ Job No $ 256 Bk. Pg That part of Lot 4, Block 1, CINNAMON RIDGE 6TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, Tying Southwesterly of a line drawn from a point on the Northwesterly line of said Lot 4 distant 20.62 feet, Northeasterly from the most Westerly corner of said Lot 4 to a point on the Southeasterly line of said Lot 4 distant 76.27 feet, Northeasterly from the most Southerly corner of said Lot 4, as measured along said Lot lines thereof. I HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT REPRESENTATION OF THE BOUNDARIES OF 5 A BGV C. Y MINNESOTA. SURVEYED BY ME THIS 11 DAY OF 'OM ,19 EE lg 1 R.NALD L. K'UEGER STATE REGISTRATION NO. 14374 f7on Krueger 110111 Inc.1101111 8080 Wallace Road 11111111.11.1111. Jen Prairie. Minnesota 55344 -� i>.111111..... (012) 9344242 N CERTIFICATE OF SURVEY Engineering Land Surveying Landscape Architecture Planning Survey for. ZAc.K MAks S . CQ>y,ST . 0Q/ Job No. Si 40 Bk. Pg . IJ.WLY Co ¢. r S ,aLect i .00 o� The S tL LY 4d2 . Lo -c a , SLoac I hta2Ti-1 SCALE: 1"v30s 1 That part of Lot 8, Block 1, CINNAMON RIDGE 6TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying Southwesterly of a line drawn from a point on the Northwesterly line of said Lot 8 distant 34.30 feet, Northeasterly from the Northwesterly corner of said Lot 8 to a point on the Southeasterly line of said Lot 8 distant 34.12 feet, Northeasterly from the Southeasterly corner of said Lot 8, as measured along said Lot lines thereof. I HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT REPRESENTATION OF THE BOUNDARIES OF SFE ABrc U aE SURVEYED SURVEYED BY ME THIS j1 L DAY OF y►r1HY ,19 Sia DAV.49 1 - , MINNESOTA. RSNALD L. KR EGER STATE REGISTRATION t40. 14374 Agenda Information Memo June 7, 1988, City Council Meeting VARIANCE/UNITED MORTGAGE FOR SETBACK VARIANCE J. Variance, United Mortgage, Hills of Stonebridge, 10' Variance from the 40' Setback off of Elrene Road, on Lot 31, Block 6, Hills of Stonebridge --An application was submitted by United Mortgage requesting a ten foot variance from the forty foot minimum setback from Elrene Road. For a copy of the Planning Department report, refer to pages \9 through \cam. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance as requested by United Mortgage for the Hills of Stonebridge to allow a 10' variance from the 40' setback requirement for Lot 31, Block 6, Hills of Stonebridge. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: UNITED MORTGATE CORPORATION - RON HELMER LOCATION: LOT 31, BLOCK 6, HILLS OF STONEBRIDGE EXISTING ZONING: PD, R-1 (PLANNED DEVELOPMENT, SINGLE-FAMILY) DATE OF PUBLIC HEARING: JUNE 7, 1988 DATE OF REPORT: MAY 31, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by United Mortgage requesting a 10' Variance from the 40' minimum setback from Elrene Road. The applicant is requesting the Variance for the following reasons: 1. The house size and value would have to be reduced using the standard 40' side yard setback (ie. no three -car garages; therefore, less total square footage). 2. It would not cause any health or safety hazards. The house placement does not block any site lines for safe access and egress onto and off of Elrene Road from Hanover Court. 3. In the P.U.D. process, reduced side yard setbacks of 30' were approved for lots 18 and 19, block 6, the two lots just to the west of this one. The proposed house plans meet or exceed all other setback requirements. If approved, this Variance shall be subject to all applicable Code requirements. T\P S lJ^3yfi9'__t: " ••?s. 0 e J 0. ;R a /,,,s 3 Iz ,' 4. t. fay ..... h',, 1, i J v Y4 4;` g. • ver° ,- M Y /j9 W� 5 `•�• � ^ `6 1/ l bx �Qr D�,� !!f ,litp IF 164. ww • s, 6 \\ of • ♦�Sy� a,44. 'rr , >''�di� 7 Nom\ , �•`,\.gy. 9 \ ••T ; ce_/ npr'q.. `` scb\+ 0. ,g9 > ot- z•Jr attic J le sw,8 • w� ' k�tiQA\ syr as I:47, OG `OW --7r--- iI a` > ``�^ f'`�' �`��` o. T iI /ib Y 8 �.. �`�`4 r 1 r/,=`b3 ,ciEii/„\ � CL /�-r71 ,'' a . c'/ Pi 't Vie- /d tb few41/ l� 1l ---,(f.:--/!iN 1 <�'.' 'jw 9 /' -\' /i 0 �:� 11 r` ?r / ?/ `� _ d /' tg w �. �~- it e' ��� r3 . 3 / J�``�.�P $ '(�P 12� i ,4; 6 $S(1� t 4'fh "1 Ctlj 1 I ; jw I I' • fad~za l ..1.q:/a f 1415 s' t ��t '7xb_. C v� kp,. __ • isr4v�r tt 13 �/ / SLS,/" • Ww P • tic �'cl°4r cJJ J s•v'� r • ; tea (/a/ / d r, • C tit ,ph may/ 4 P7 • ''' �� ' e1 f%'�t�` 3 / --11 ,[) 147r 11'Z' 4' 776tallr'- s sx v "(,d' ":,:14,...2'/p / 5 ) / x N a 1 13 y°Rcd ``N ,• .. , ;. T , t `- 8 "•�, v, b) ,SIM �\^ as 43.�r z. ,` 13 r "£I •fs7 : .rad c� �, •` r paaa_ — . 14 �, , ., i_ c -I*Q'— a r,, j,:A I 1�es�1. si t' r rrthc N-11 l ' M Iia' pit' §epihtwI'Mt WI It wri J, 18 • l f9 "''�� rS --`l l l• Pv 1 �'i wk 1 L 11 S /..' ,44, • Zaper (Kg TOO SIT E oto -oz .,. �q\ 4 SURVEYOR'S CERTIFICATE N 1 GRAND OAKS DEVELOPMENT CO. oJ DENOTES PROPOSED SURFACE DRAINAGE O DENOTES IRON MONUMENT SET • DENOTES IRON MONUMENT FOUND X000.0 DENOTES EXISTING ELEVATION (000.0) DENOTES PROPOSED ELEVATION SCALE: 1 INCH — 30 FEET PROPOSED GARAGE FLOOR — (F93.8 FEET PROPOSED LOWEST FLOOR — 99/.o FEET PROPOSED TOP OF BLOCK — g94. Z FEET WE HEREBY CERTIFY TO GRAND OAKS DEV. CO. THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lot 31, Block 6, HILLS OF STONEBRIDGE, according to the recorded plat thereof. Dakota County, Minnesota. IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS, EXCEPT AS SHOWN. AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 2 3RD DAY OF MA y ,19 8 g SIGNED: JAL, INC. BY: 1C, \�-D__ HAROLD C. PETERSON, LAND SURVEYOR MINNESOTA LICENSE NUMBER 12294 , AI Agenda Information Memo June 7, 1988, City Council Meeting ENVIRONMENTAL ASSESSMENT WORKSHEET/BRIDLE RIDGE 2ND ADDITION K. Environmental Assessment Worksheet, Bridle Ridge 2nd Addition --As a part of the proposed Bridle Ridge 2nd Addition development, an environmental assessment worksheet is required to determine whether an environmental impact statement is necessary. The findings in fact and resolution prepared by the staff indicate that a negative declaration of need for an EIS is in order for consideration for the Bridle Ridge 2nd Addition project. Enclosed on pages \o\A through 'O is a copy of the findings of fact and resolution along with comments from various state agencies for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a negative declaration of need for an environmental impact statement for the Bridle Ridge 2nd Addition. \�l3 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KRISTY MARNIN, PLANNER I DATE: MAY 27, 1988 RE: BRIDLE RIDGE 2ND ADDITION ENVIRONMENTAL ASSESSMENT WORKSHEET NEGATIVE DECLARATION OF NEED Attached is a copy of the Findings of Fact and resolution regarding the negative declaration of need for an Environmental Impact Statement (EIS) for the Bridle Ridge 2nd Addition. Staff requests the City Council to approve this record and resolution in accordance with MN Rules Part 4410-1700. The Bridle Ridge 2nd Addition consists of 251 single family lots on 166.99 acres of land located south of Wescott Road approximately 1/2 mile east of Lexington Avenue (NE 1/2 of Section 23). The gross density of this project is 1.50 units per acre, with lot sizes ranging from 12,100 sq. ft. to 93,300 sq. ft. An Environmental Assessment Worksheet (EAW) was prepared for the project and distributed for review and comment in accordance with the rules of the MN Environmental Review Program. The 30 -day comment period ended May 18, 1988. Comments were received from the MN Department of Transportation, MN Department of Natural Resources and the MN Historical Society. Based on the evidence in the EAW and comments received, no significant adverse or irreversible environmental impacts are anticipated with the project. As such, a negative declaration with regard to the need for the preparation of an EIS can be made. KM/js Attach. RESOLUTION REGARDING NEGATIVE DECLARATION OF NEED FOR AN EIS BRIDLE RIDGE 2ND ADDITION WHEREAS, the City Council of the;City of Eagan is the official governing body of the City of Eagan; anG WHEREAS, pursuant to the rules of tite MN Environmental Review Program, the City of Eagan has submitted an Environmental Assessment Worksheet (EAW) for the proposed Bridle Ridge 2nd Addition, generally located in the northeast 1/4 of Section 23, Township 27N, Range 23W, Eagan, MN, to the Environmental Quality Board (EQB) and to members on the MN Environmental Review Program distribution list for a 30 -day review period; and WHEREAS, during this comment period, comments were received from the following organizations: MN Department of Transportation, MN Dept. of Natural Resources and MN Historical Society; and WHEREAS, based upon the record established by the EAW documents and comments received, the City Council of the City of Eagan finds the following: 1. The EAW document establishes that no significant adverse or irreversible environmental impacts can be anticipated from the proposed project. 2. The EAW document establishes that no cumulative effects beyond those analyzed are anticipated. 3. The EAW document identifies mitigative measures which will be used to alleviate possible impacts and indicates that mitigation of possible impacts will be required as a part of permit action by the City, the Metropolitan Waste Control Commission, the MN Pollution Control Agency and the MN Department of Health. 4. The EAW document serves to identify the potential for significant adverse environmental effects. 5. There were no comments or other evidence received regarding the project that would introduce or identify any unanticipated adverse environmental effects which would warrant the preparation of an Environmental Impact Statement (EIS). NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eagan finds no potential for significant environmental effect for the Bridle Ridge 2nd Addition development proposed by Sienna Corporation and makes a negative declaration with regard to the need for preparation of an EIS. Passed and adopted this day of ,1988. MAYOR ATTEST: FINDINGS OF FACT BRIDLE RIDGE 2ND ADDITION 'ENVIRONMENTAL ASSESSMENT WORKSHEET PROJECT DESCRIPTION The Bridle Ridge 2nd Addition includes 251 single family lots on 166.99 acres of land located generally in the northeast 1/4 of Section 23, Township 27N, Range 23W, Eagan, Mn. The project's density is 1.50 units per acre, with lot sizes ranging from 12,100 sq. ft. to 93,300 sq. ft. ENVIRONMENTAL ASSESSMENT WORKSHEET PREPARATION & DISTRIBUTION The City of Eagan prepared an Environmental Assessment Worksheet (EAW) for the Bridle Ridge 2nd Addition project pursuant to the rules of the MN Environmental Review Program. The EAW was distributed to all persons on the MN Environmental Review Program distribution list and the notice of availability for review was published in the EQB Monitor on April 18, 1988. CRITERIA 1. Type, extent and reversibility of environmental effects: The EAW describes the project and analyzes the possible environmental impact associated with the project. The results of this analysis are that no adverse or irreversible environmental impacts will occur as a result of this project. 2. Cumulative potential effects of related or anticipated future projects: No related projects are planned as a part of this project. As such, no cumulative effects beyond those analyzed in this EAW are anticipated. 3. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority: Mitigation of impacts will be required as a part of permit action by the City of Eagan, the Metropolitan Waste Control Commission, the MN Pollution Control Agency and the MN Department of Health. 4. The extent to which the environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects: The project is standard single family residential development essentially similar to other single family projects throughout the City and State. Preparation of this EAW and EAW's and EIS's on other similar projects serves to identify the potential for significant adverse environmental effects. COMMENTS Three letters of comment (attached) were received concerning the Bridle Ridge 2nd Addition EAW. ti 1. MN Department of Transportation (Mn/DOT): The Mn/DOT commented that the proposed project will cause little adverse impact to its transportation facilities. RESPONSE: No response necessary. 2. MN Department of Natural Resources (DNR): The DNR commented that: increased nutrient loading on the on-site ponds could affect fish and wildlife, wetlands should be left undisturbed whenever possible, precautions should be taken to prevent erosion of steep slopes during development, and an EIS is not necessary for the project. RESPONSE: Should nuisance algae conditions result in the on-site ponds after development, the City will take measures to control its growth. Fill placed in wetland JP -21 will be minimized to the greatest extent possible, and will have an insignificant effect on its high water level. As noted in Question 19 of the EAW, all practicable measures to control erosion, including filter fencing and re-establishment of turf as soon as possible, will be used. 3. MN Historical Society (MHS) The MHS commented that no known sites of historic, architectural, cultural, archaeological or engineering significance are located within the area of the project. RESPONSE: No response necessary. CONCLUSIONS There were no comments or evidence received regarding the project that identify any significant adverse environmental impacts. No potential for significant environmental impacts is anticipated with the project. Mitigative measures to alleviate possible impacts are identified and will be required as a part of permit action. It is therefore determined that an Environmental Impact Statement (EIS) is not required on the proposed Bridle Ridge 2nd Addition project. 2 sp\l May 11, 1988 Minnesota Department of Transportation TransportatiomEfuilding, St. Paul, MN 55155 Mr. Dale C. Runkle Planning Director 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Bridle Ridge 2nd Addition Environmental Assessment Worksheet (EAW) District 9 (Eagan, Dakota County) Dear Mr. Runkle: Phone 296-1251 The Minnesota Department of Transportation (Mn/DOT) has completed a review of the above -referenced EAW. We anticipate that the proposed project will cause little adverse impact to our transportation facilities. If you require additional information from Mn/DOT, please contact Sue Hodapp, Senior District Planner at our District Office in Oakdale, telephone number (612) 779-1211. Sincerely, Patricia Bursaw Environmental Coordinator Environmental Services Section An Equal Opportunity Employer `v\ 1C ^^STATEnnOF m okri m s o un DEPARTMENT OF NATURAL RESOURCES 1. BOX , 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 May 18, 1988 Mr. Dale C. Runkle City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Bridle Ridge 2nd Addition Environmental Assessment Worksheet (EAW) Dear Mr. Runkle: The Department of Natural Resources (DNR) has reviewed the above -referenced document, and we offer the following comments for your consideration. The phosphorus analysis indicates that the onsite ponds and wetlands will reduce the transport of nutrients offsite. While this is commendable, we are concerned about the effect of increased nutrient loading on the onsite ponds. The nuisance algae conditions that could result from increased nutrient loading could affect fish and wildlife. The answer to Question 19 states that fill will be placed in wetland JP -21. We recommend that wetlands be left undisturbed whenever possible. As the EAW states, there are steep slopes on the site. Precautions should be taken to prevent erosion on these slopes during development. From our perspective, an environmental impact statement is not necessary for this project. Thank you for the opportunity to review this EAW. If you have any questions regarding our comments, please call Don Buckhout at (612) 296-8212. Sincerely, QQ / Thomas W. Balcom, Supervisor NR Planning and Review Section 4880161-1 c: Kathleen Wallace Ron Lawrenz Laurel Reeves Gregg Downing, EQB Robert Welford, USFWS Rick Packer, Sienna Corporation AN EQUAL OPPORTUNITY EMPLOYER MINNESOTA HISTORICAL SOCIETY FOUNDED IN 1349 Fort Snelling History Center, St. Paul, MN 55111 • (612) 726-1171 May 20, 1988 Mr. Dale C. Runkle Planning Director 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Runkle: Re: Bridle Ridge Second Addtion, Eagan, Dakota County MHS Referral File Number: 88-1237 Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the National Advisory Council of Historic Preservation (36CFR800). This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal. Again, thank you for your participation in this important effort to preserve Minnesota's heritage. Sincerely, Dennis A. Gimmestad Deputy State Historic Preservation Officer DAG:dmb Agenda Information Memo June 7, 1988, City Council Meeting REVISION TO PD/PONDVIEW ADDITION L. Revision to Planned Development for Pondview Addition, Benson -Orth Associates, Inc., to Withdraw a Multiple Residential Area from Pondview--A public hearing was held by the Advisory Planning Commission to consider a revision to the Pondview Addition Planned Development that requires that the multiple residential area be removed as a part of the proposed planned development. The APC is recommending to the City Council that the amendment to the Pondview Addition Planned Development to remove the multiple residential area be approved. For a copy of the staff review on this item, refer to pages -90 through j03. The APC minutes are also enclosed on page 2Q q. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the revision to the planned development that removes the designation of a multiple residential area. MEMO TO: DALE C RUNKLE, CITY PLANNER FROM: JIM STURM; LANDSCAPE ARCHITECT/PLANNER I DATE: MAY 17, 1988 SUBJECT: PONDVIEW ADDITION REVISED PLANNED DEVELOPMENT At the May 3, 1988 City Council meeting, action was taken to eliminate the multiple -housing portion of the Planned Development owned by TXI, First Minneapolis Bank. The Planned Development was originally approved in May 1987 along with a Preliminary Plat for the Fairway Ridges group to construct a medical facility on Lot 1. This change requires a public hearing by the Advisory Planning Commission before final action is taken by the City Council. Since that time, a Planned Development Agreement has been drafted but the TXI group is unwilling to sign unless changes in the conditions occur. The other three owners of the land are in agreement and are willing to sign. Grading and foundation permits have already been issued for the medical facility but they cannot obtain permanent financing without a binding Planned Development Agreement. This modification to the Planned Development and Plat will allow the medical center group- to proceed with its construction. Attached is a copy of the existing Planned Development exhibit. The eliminated multiple parcel will revert back to its R -II designation within the Blackhawk Park Planned Development. This item will be scheduled for the June 7 City Council meeting. Landscape Architect/Planner I Attachment JS/mc POND VIEW °lame° Urn °'°e'O°^1°ri1 EXHIBIT H ca r PONDVISW ADDITION - BENSON -ORTH ASSOC. INC. The first public hearing of t evening was convened by Chairman Pawlenty in regard to the revision to the Fview Planned Development to withdraw the multiple residential area locate west of Pilot Knob Road and east of Highway 35E to the SE 1/4 of Section 16. Mr. Sturm introduced the project and advised the Commission that at the May 3rd, 1988 City Council meeting action was taken to eliminate the multiple housing portion of the Planned Development owned by TXI. The Planned Development was originally approved in May, 1987 along with a Preliminary Plat for the Fairway Ridges Group to construct a medical facility on Lot 1. Since that time, a Planned Development Agreement has been drafted but the TXI group is unwilling to sign unless changes in the conditions occur. The other three owners of the land are in agreement and are willing to sign. Grading and foundation permits have already been issued for the medical facilities but they cannot obtain permanent financing without a binding Planned Development Agreement. The modification to the Planned Development and plat will allow the medical center group to proceed with its construction. The eliminated multiple parcel will revert back to its R -II designation within the Blackhawk Park Planned Development. This item will be on the June 7, 1988 City Council meeting agenda. Mr. O'Connell, Fairview Hospital, asked for approval of the revision so the urgent care facility may begin construction. Mr. Graves asked what TXI was mainly concerned about. Sturm stated they request the execution of the PD first. Trygg moved, Garry seconded, the motion to eliminate the multiple residential area and allow the R -II designation within the Blackhawk Park Planned Development. Garry, Trygg, Pawlenty, Merkley and Graves voted in favor; Voracek and Wilkins voted against. Voracek stated he feels the conditions need to be revised regarding the residential area. Wilkins concurred. ALDEN POND - ROSEWOOD CONSTRUCTIONS, INC. Chairman Pawlenty then convened the public hearing in regard to the application of Rosewood Construction, Inc. requesting a rezoning of 31.2 R-4 (multiple acres) to an R-3 (townhouse) district and a Preliminary Plat consisting of 226 units located west of the Unisys Campus along Coachman Road and the West Half of Section 9. Mr. Sturm stated that this item on the agenda was continued at the April 26, 1988 Planning Commission meeting. The continuance was primarily so the developer could schedule a neighborhood meeting to discuss the project in greater detail. He stated the applicant has revised the plan. All setbacks meet code requirements. Four buildings and the recreation center/office will be accessed from the large cul-de-sac area. In the center will be a tot lot and a newly added tennis court. Five tot lots will be provided on site. He stated the Advisory Parks and Recreation Committee reviewed this matter earlier this month and they recommended a cash dedication in lieu of a land dedication, together with a trail connection from Coachman Road to the Unisys Campus along the west property line. -2- cp.(A Agenda Information Memo June 7, 1988, City 6ouncil Meeting EAGANDALE LEMAY LAKE 3RD ADDITION/PRELIMINARY PLAT M. Preliminary Plat, Eagandale Lemay Lake 3rd Addition, Opus Corporation/Northwestern Mutual Life Insurance Company, 8.1 Acres Within Eagandale Lemay Lake 1st and 2nd Additions Consisting of One 2.3 Acre Lot and Outlot and Conditional Use Permit for Pylon Sign --A public hearing was held by the Advisory Planning Commission at their regular meeting held on May 24, 1988 to consider a preliminary plat application for 8.1 acres within the Eagandale Lemay Lake 1st and 2nd Additions consisting of one 2.3 acre lot and outlot and a conditional use permit for a pylon sign located south of Lone Oak Road and west of Highway 35E. The APC is recommending approval for both the preliminary plat and necessary conditional use permits. Included as a conditional use permit are uses for the property such as an automobile service/car wash, drive through food facility and off-site 3.2 beer sales. For a copy of the Planning and Engineering Department report on this item, refer to pages &O(..e through C-19. For a copy of the APC action on this item, refer to page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Eagandale Lemay Lake 3rd Addition, a conditional use permit for a pylon sign and a conditional use permit allowing certain business uses as defined. ass CITY OF EAGAN SUBJECT: PRELIMINARY PLAT, CONDITIONAL USE PERMIT (EAGANDALE LEMAY LAKE 3RD ADDITION) APPLICANT: OPUS CORP/NORTHWESTERN MUTUAL LIFE LOCATION: N 1/2 OF SECTION 10 EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: MAY 24, 1988 DATE OF REPORT: MAY 16, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat for the Eagandale LeMay Lake 3rd Addition, consisting of one 2.3 acre lot for a retail convenience center, and a Conditional Use Permit to allow a pylon sign, an automobile service/car wash, a drive-thru food facility, and off- site 3.2 beer sales. (The City Attorney is currently drafting an Amendment to the Zoning Code that will not require a Conditional Use Permit for off-site sales in an NB district.) This overall plat consists of 8.1 acres including portions of both the Eagandale LeMay Lake 1st and 2nd Additions. The 5.8 remaining acres will be platted as an outlot containing General Business and Neighborhood Business districts for future development. EXISTING CONDITIONS/SITE PLAN: Currently the site is open, flat grassland. Perimeter berming and Greenspire Linden trees were installed at the time Eagandale Place was constructed in order to provide a boulevard effect. The four-sided brick building is approximately 16,000 SF and all NB district building parking, and coverage Code requirements have been satisfied. Access is provided in two locations off of Eagandale Place and a one-way out is near the southeast portion of the site. The potential drive-thru facility is along the east side of the building with a south to north movement. The owner of the building also constructed the neighborhood center near Lexington Avenue and Diffley Road. This building will be more similar in style, though, to the Thomas Lake Center along Cliff Road ---both have gabled roof lines. A white dryvit (stucco -like) surface below the green metal mansard roof will contain the building signage. The major tenants include Kunz Oil and Peoples Plus. Since the rear of the building has frontage along Eagandale Boulevard, additional plant material will be necessary to screen this area. Understory trees, staggered conifers, and EAGANDALE LEMAY LAKE 3RD ADDITION eventually large shrub beds should be added to be consistent with other retail projects in the City. This can be accomplished with the Final Plat submission. Staff anticipates no problems with this requirement. The 25' -tall interior lighted pylon sign will be very similar to the one along Lexington Avenue. It contains 125 SF of signage area per side and is located near the central portion of the parking lot setback. All signage Ordinances have been adhered to. GRADING/DRAINAGE/EROSION CONTROL: The proposed site was previously rough graded using excess material from the I -35E construction and under a proposed development plan for Eagandale LeMay Lake 2nd Addition. The proposed grading plan shows cut areas of approximately 5' in the building pad location area to approximately 9' in the north parking lot area. The proposed site grading will have no adverse affect on the adjacent properties. The site has an existing 4'-6' high berm and 3"-4" trees planted along the westerly and south sides adjacent to Eagandale Place. The development proposes to intercept all site generated runoff in an'internal storm sewer system and convey this runoff to the existing City storm sewer system in Eagandale Place. The existing system was adequately sized to receive runoff from this area. Staff advises the applicant to revise the proposed parking lot drainage in the north parking lot to drain to the curb line along the north side versus a central low point as proposed. The following erosion and sediment control general criteria need to be addressed before a grading permit is issued or final plat approval: Establishment of vegetation, protection of adjacent properties, construction access routes identified, and a contact person needs to be identified on the plan who will implement and maintain the erosion control practices should problems arise. UTILITIES: Water main service of sufficient capacity and pressure to serve this development is readily available from the existing water main located in Eagandale Place and has been stubbed to the property line in a location conducive to development. Sanitary sewer service of sufficient capacity and depth to serve this site is readily available from an existing sanitary sewer line in Eagandale Place. The sanitary sewer has been stubbed to the property in a location which is conducive to development. STREETS/ACCESS/CIRCULATION: The development is proposing to take street access from Eagandale Place in three locations. The proposed driveway locations along the westerly boundary of this site are required to be lined up with the existing driveways which serve the LeMay Lake apartment site. The third access location is proposed in a location centered on the easterly property line of the proposed site. This driveway location will serve as a common entry point for the proposed development and future development on the balance of Outlot A. The applicant is proposing a one-way exit from this site at the southeast corner. The idea of a one-way exit from the site in this location is proposed because the southerly parking area is at the rear of the building. Due to the existing street configuration of Eagandale Place, there is very little, if any, potential user traffic which will be coming from the southeast. A "T" access point configuration in the southeast parking lot is proposed to provide a less confusing traffic circulation maneuver. ,,,10 EASEMENTS/RIGHT-OF-WAY-PERMITS: Current County guidelines call for dedication of,,a restricted access along Lone Oak Road. The City will require the velopment to provide sufficient roadway easement along Eagan a Place to provide at least 8' of boulevard clear space bet the existing sidewalk and the landscape berming required for proper screening of parking areas. The previous platting processes for the Eagandale LeMay Lake 1st and 2nd Additions failed to identify the need for the additional boulevard clear space along the westerly side of the proposed development. The grading plan indicates that slope easements will be required from the easterly adjacent property. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS: The following assessments are proposed as a condition of final plat approval in accordance with City Special Assessment Policy #82-1: PROJ. # DESCRIPTION 28 Lateral Benefit Trunk Water Future Trailway Future Lone Oak Road RATE Main 21.60/ff 13.00/ff 111.70/ff TOTAL PROPOSED ASSESSMENT QTY AMT 211.17 $4,562 355.17 4,617 270.17 31,295 $40,474 All final assessment obligations will be calculated based on the quantities and dimensions of the final plat and in accordance with the rates in effect at the time of the final plat approval. EAGANDALE LEMAY LAKE 3RD ADDIN CONDITIONS: 1. These standard conditions' -of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, Cl, C2, C4, D1, El, F1, and G1. 2. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 3. Additional plant material will be added to the southern property line area to adequately screen the rear side of the building. 4. The development is required to provide sufficient roadway easement to provide at least 8' of boulevard clear space between the existing 5' wide sidewalk along Eagandale Place and the landscape berming required to properly screen the proposed parking area. ate STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shataccept its additional assessment 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 -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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 necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 0A,\. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal publind private streets shall be constructed within he required right-of-way in accordance with City design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved 'by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: •LTS#2 STANDARD • /1 / . r /7.iTarc r,- COS1 SPUR Ca/WAY CORNOA•Tc CENTER CuRvE ff _•••‘.0r. 4.11. 2IL N NIC,V1Fir PARK , 1- * ; m•0.1 it -6y „. C,T) • •,-,',,,,,,,,i,--- a , , . . . . - - - --.- A I, 1-LECIR1rli AetS' NO ,..., , t.: \ S' , f' 74, —74f -10 -- Aft, eolGro SITE 0 R /, //!4-421,-1"::11 ti 1_ —.1 L •,'...) t - TATAARAE Pt s, I ,••••• QUARRY ARK "If 3- NaRv•Al PT • - FOREST RIDGE 5- IRONTA000 LO 6- RE0*000 PT 1- 6P16.4CE PT. TANAE4 0000LE s!L_1i LONE 1 .L.LETNNI ROA F. c 017E AREA 1043001 SJ. ' MOSHE AREA 10.013 0?. P APAWS MOORED 101 PARKING PROVIDED: STANDARD 104 HANDICAP 3 TOTAL 10T SETBACKS 01000000 PROPOSED I00 004O. FRONT 30 IS0 0101 10' 10' REAR 10' IS PARK WO LOT: )PONT 10' 10' WOE I I 11E00 10' 10 W H Iq PRELIMINARY SITE PLAN 11111 1l311S Q N Q J az z Y Q O2 Z 0 J • ;SII, I trar:loos two 1111111 5 , 5 5 to i 5 5 r p II VIPI; UN •msaNs ern erKTION, we. nrANA n 0 m OWNER SHEET TITLE r D� z� om yr n- > uz m> 9 r D z i 'A .- - mm- oGO- I END OTA HTS. -'_ -- ♦7140 • \ \ r-. • LOST SPUR/ II —� H/6A4 COUNTRY ▪ CLUB 46%72A 12" *2 FLDA� I j'Ill 1 4 2 IY?oc.o' eg- o' --ft3x)Li5 a i r('ST ag`�/� 0 � �� �. 1 37 3/9 4:.,2 .\'''4,,,.....‘Y(.31) r F i.F�".\pew ii P141 1 Sit. 4a2/7¢O 1� L _‘_ I aA k q '-'14,: .d '_a_ li./(— II/N TREFFLt ,ACRES 1 1I' Sr ♦! ,�� nU�LOP5K1'S� ptrii. 1t B• •' i 1h 433r7P0 362/650 1774;KElE EAGANOAL:E--C$NTER \� \ eY , tNDt4ST L0.1.i78pARK 7 z.), 71 116ri iC.(T')R•(r.15 AnIgH0A1 i r� - I 5 � y;?,.;42c'/ 40 60 35 I 34 2• .� P .t . • • Z7• 7/SI�•.!i• 0 moPPa�d� I 1 M0MEI!•TEA061 jlV•'^�yll I sc.HOOL 1 �lg F1L1; 1frAP �. 5 77720 458/ 1 ISI6• 590 1 I1I1i1;� _3i: 492/740•{,II1 I; 10 1• ,I 16'3 Eacr; Da • M TEtS'IiT I8 _ .� 2 - 1 /12*- - _ is i{ 52 53 ' i —+512/760 1 67,5/910 - 44 "#4' (� ; U.S POSTAL 5011 /':# 1/ �._ /680 SEFVICE I ljI2.l '�2� • • .� M /i ^ 7 12 1/750 . / .L 6• '72 9qL f t•kG Toon A y 1 4 9 5S1/ 7Z O ! i h 312•4113' 1 pi 0, (9/'D .. -s, i1 / 116•x.,, ' i r a 4e',:o20 4 4/siy it.a....-,600 0 -,.4 feoo 74 •.!. 20•• • •. 109i. to tte 0'b Y.O. ELEVATED STORAGE ^ / 1011.19L. 1059 j 4, X39 3/840 • '930 579/770 20• 8 (TION 7/74 0 sta. Soft 37,E6T1 2N0 --M 55 3/70 0 'b'7/75J.T Kfi.,tl 1 a JI )---- 1 : 7 .: ...,S: .'. 3 , .i.:. „..4.3 67 T0MA747P36/7 Ii ADDITION 8• 20 8I RESV#TT 8' `1 WESjCOTT CARRIAGE l DILL 5 If GOLF ,ASI EN CJURSE FIG 43 city of eagan PUBLIC &" WORKS DEPARTMEN WATER MASTER PLAN approved: standard plate If: a �� EAGANDALE LEMAY LAKE 3RD ADDITION - OPUS CORPORATION/ NW MUTUAL LIFE INSURANCE COMPANY Chairman Pawlenty then convened the public hearing in regard to the request of Opus Corporation for a Preliminary Plat of 8.1 acres within the Eagandale LeMay Lake 1st and 2nd Additions consisting of one 2.3 acre lot and an Outlot, and a Conditional Use Permit for a pylon sign located north of Lone Oak Road and west of Highway 35E in the north half of Section 10. Mr. Sturm stated that currently the site is open, flat grassland. The four- sided brick building is approximately 16,000 square feet and all NB district building, parking and coverage Code requirements have been satisfied. Access is provided in two locations off of Eagandale Place and a one-way out is near the southeast portion of the site. The potential drive-thru facility is along the east side of the building with a south to north movement. The owner of the building also constructed the neighborhood center near Lexington Avenue and Diffley Road. This building will be more similar in style, though, to the Thomas Lake Center along Cliff road. Since the rear of the building has frontage along Eagandale Boulevard, additional plant material will be necessary to screen this area. A 25 -tall interior lighted pylon sign will be very similar to the one along Lexington Avenue. It contains 125 square feet of signage area per side and is located near the central portion of the parking lot setback. All signage ordinances have been adhered to. Developer Bob Worthington stated he has reviewed the staff report and is in agreement with it. He pointed out this is the 3rd phase in the LeMay Addition. Mr. Ravich stated that this phase is to service the industrial park not the residents. He also said the architecture will be similar to other buildings in the area. Mr. Garry asked for clarification as to what the developer wanted approved. Mr. Sturm stated the developer requests approval of the preliminary plat for one 2.3 acre lot for a retail convenience center and the remainder as an Outlot. Chairman Pawlenty asked if the appearance of the center will be attractive. Mr. Sturm stated it is adequate and he foresees no problems. The manager for the Residence Inn Motel stated he likes the landscaping plan. He asked if the underground gas tanks will be safe to neighboring buildings. He also questioned where the pylon sign will be located. Mr. Sturm: stated the sign will be located near the central portion of the parking lot setback. He stated the Fire Marshall reviewed the matter of the underground gas tanks and he felt there was no problem with the location. Mr. Voracek asked if there was a potential problem with the drainage in the parking lot. The City Engineer and the developer explained the grading and drainage. Mr. Voracek questioned the "T" access point configuration in the southeast parking lot. Mr. Foertsch explained the "T" access will be less confusing and easier to use. Mr. Voracek asked if traffic can pass by on the drive -up lane. Mr. Ravich stated it will be a one-way road—exit only—the entry will be elsewhere. He stated the one-way is just for drive -up and deliveries. He also stated there will be "Do Not Enter" signs posted on the street. Wilkins questioned the total acreage of the two parcels. She asked if it was 3.3 acres or 2.3 acres as stated in the staff report. Mr. Worthington stated everything which is being replatted totals 2.3 acres. Wilkins asked staff to look into the tecrtnicalit . Wilkins questioned Sturm regang the conditional use permit and asked where the sign would be located. Sturm stated it would be located by the freeway. Wilkins asked how many feet there will be from the suggested sign location to the corner. Sturm stated there will be 175 feet. Wilkins asked staff if Opus has signed an agreement regarding the signs. Sturm stated the PD agreement is needed first and then they will work out the agreement regarding the signs. Mr. Worthington stated that at the replat of the Outlot an agreement will be presented for approval. Wilkins asked for a description of the sign. Sturm stated it will be similar to the sign on Lexington and Diffley. Mr. Ravich stated the sign will be 10' by 12' with one board showing the name of the center and one board showing "Peoples Plus Gas Station". There will also be a three -line reader board. The sign sets on a base. He stated a message will be changed monthly on the reader board. Voracek motioned, Wilkins seconded the approval of the Preliminary Plat of one 2.3 acres for a retail center and 8.1 acres as an Outlot containing General Business and Neighborhood Business districts for future development, subject to the following: 1. Standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, Cl, C2, C4, Di, El, F1 and G1. 2. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 3. Additional plant material will be added to the southern property line area to adequately screen the rear side of the building 4. The development is required to provide sufficient roadway easement to provide at least 8' of boulevard clear space between the existing 5' wide sidewalk along Eagandale Place and the landscape berming required to properly screen the proposed parking area. 5. All four -sides of the 16,000 square feet structure will be brick. 6. Redesign the access point configuration in the southeast parking lot to a "T" configuration. All voted in favor. Voracek moved, Wilkins seconded the approval of the Conditional Use Permit to allow a 25' -tall interior lighted pylon sign near the central portion of the parking lot setback. All voted yes. Agenda Information Memo June 7, 1988, City Council Meeting PD AMENDMENT/RO T AND GRACE O'NEIL N. Planned Development Amendment for Robert and Grace O'Neil Detailing Proposed Uses within the O'Neil Planned Development --A public hearing was held by the APC to consider an application to rezone the 117 acre parcel from commercial planned development to an updated commercial planned development as presented by Robert O'Neil and Grace O'Neil. The APC is recommending denial of the amendment and approval of a concept plan. For additional information on this item, refer to the consulting per's report, a copy is enclosed on pages through For a copy f the APC action, refer to those minutes found on page(s) - 0 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the planned development amendment that changes the commercial designation and uses for the property and to consider the concept plan for a proposed future development. OcD- CITY OF EAGAN Subject: Rezoning Application: Robert J. O'Neil and Grace M. O'Neil Location: NE quadrant of Yankee Doodle Road and I -35E Existing Zoning: Commercial Planned Development Date of Public Hearing: February 23, 1988 Date of Report: February 17, 1988 Report By: John S. Voss, Planning Consultant 1. Application Summary An application has been submitted to rezone 117 ac. parcel from Commercial Planned Development (July 1985 application) to an updated Commercial Planned Development. 2. Background As a part of the settlement of litigation over the proposed rezoning, the City Council, by agreement, rezoned the subject O'Neil property to Commercial Planned Development in accordance with the petition submitted in July 1985. This agreement came before District Court in January 1988. In the process of negotiating settlement with the City, an "Alternate Commercial Planned Development Plan" was prepared in December 1987 and is proposed herein by formal petition to replace the 1985 Plan. 3. Planner's Comments The alternate Commercial Planned Development Plan, petitioned herein, appears to have several advantages over the July 1985 Commercial Planned Development: a. The 1988 Commercial Planned Development incorporates more specific performance standards related to landscaping, building materials, signs, access restrictions, minimum Planned Development lot size and similar development requirements which should lead to quality development. b. 1988 Plan provides for a more realistic variety of land uses over the 117 acre area. c. 1988 Plan provides for "Freeway Development" area (29.3 acres) adjacent to the I-35E/Yankee Doodle Interchange. This would be developed consistent with the Freeway Development district requirements as discussed, thus far, between Council and Planning Commission. 4. Traffic Analysis Page 2 A traffic analysis is being prepared by the City Traffic Engineer (S.E.H.) of the 1988 Commercial Planned Development and will be available at the Planning Commission meeting. The attached memorandum which would guide the preparation of the "Planned Development Agreement" requires: (a) a preliminary traffic analysis at this time, (b) "detailed traffic analysis" before platting, and (c) certain findings related to traffic before a retail shopping center could be approved. 5. Procedures If the 1988 Commercial Planned Development rezoning is approved by the City the following would occur: a. The attached memorandum would guide the preparation of the "Preliminary Development Plan." (Note: certain exhibits from paragraph 2 therein still need to be submitted.) b. A Comprehensive Plan Amendment would be processed through the Metro Council. • c. A "Planned Development Agreement" would be exeucted between the applicant/owner and the City prior to rezoning. aaa MEMORANDUM To: Dale Runkle, City Planning Director City of Eagan From: John S. Voss, Planning Consultant Date: February 5, 1988 Subject: O'Neil Property Planned Development This is intended to form the guideline under which the O'Neil property would be zoned Planned Development by the City of Eagan. 1. Procedure It is expected that the O'Neil Planned Development would be prepared in accordance with the requirements of Section 11.20 Subdivision 8 "Planned Development District" and Section 11.40 Subdivision 6 "Planned Development" as contained in the Land Use Regulations (zoning) of the City of Eagan. 2. Exhibits and Text for "Preliminary Development Plan" The list of exhibits and corresponding text that is expected to be prepared by the Owner and submitted as a part of the application for the Planned Development and which also would form the "Preliminary Development Plan" as required in Section 11.40 Subdivision 6 of the Zoning Ordinance would include the following information: a. Land Use Plan and corresponding text; b. Staging plan; c. Sketch plan of proposed internal streets and blocks; d. Environmental manual (city policy); e. Performance standards; f. Preliminary traffic analysis; g. Landscape manual; h. Pedestrian circulation plan. A following paragraph in this memorandum is intended to give guidance toward the preparation of some of the above-described exhibits and text. 3. Comprehensive Plan Amendment The City would process a Comprehensive Plan Amendment through the Metropolitan Council and adopt same after the O'Neil Planned Development has been submitted to the City as described above. -A Page 2 4. State Agency Reviews All Minnesota State Agency reviews shall be required and processed in the normal manner as required by Minnesota Statutes. 5. Public Hearings The City will advertise and hold a public hearing before the Planning Commission ort the Commercial Planned Development proposal submitted for the O'Neil property. The City will also hold a public hearing at the same time for purposes of considering a Comprehensive Plan Amendment for the O'Neil property. 6. Planned Development Agreement A Planned Development agreement will be executed by the City after the same has been submitted and signed by the O'Neils containing all of the appropriate information normally contained therein. The Planned Development agreement would be prepared and executed just prior to the approval of the rezoning by the City Council. This would follow action by the Planning Commission and the review and comment by the Metropolitan Council. 7. Platting A preliminary plat(s) may be processed with the approval of the Planned Development or it may follow approval thereof. The Preliminary Plat process shall provide the following: (a) The area involved in a Planned Development shall be encompassed by a preliminary plat even though final platting for individual parcels within the Planned Development may extend over a period of several years. (b) The City (upon recommendation from the City Engineer) may waive certain preliminary plat requirements because of the extended time over which actual platting may occur. (c) The Preliminary Plat shall be prepared in accordance with the City's Subdivision Regulations related thereto. (d) The Preliminary Plat may include a detailed traffic analysis as deemed necessary by the City to guide preparation of the plat. (e) For any area where new development will create a corresponding need for new public facilities, the means of financing Page 3 for said new facilities shall be olved before Final Plat and Final Development Plan are approved by t City. (f) Final Plat(s) may be prepared for the entire Planned Development area or for portions of the Planned Development area as development occurs. (g) A Final Plat shall not be approved by the City until after approval of the Planned Development Agreement. 8. Land Use Plan Map and Text The preparation of the land uses plan map and text, as further detailed in the O'Neil Planned Development, shall be guided by the following description and attached land use map: a. Freeway Development (F.D.) This area shall be developed in accordance with the requirements set forth in attached Exhibit #1. b. Service Commercial (S.C.) This block is designated for commercial uses which are generally oriented to automobile service and commercial recreation.' Within the Service Commercial (S.C.) area no land or structure shall be used except for the following uses: (1) Commercial indoor recreation uses such as bowling alley, tennis club, health club, athletic club or theatre. (2) Automobile sales and showroom where the use is primarily conducted within a building and any outdoor sales or storage of vehicles is subject to a conditional use permit. (3) Sit-down restaurant (Class I as described by Eagan Zoning Ordinance) of a minimum of 10,000 sq. ft. gross floor area with on -sale liquor subject to a conditional use permit. (4) Car care center providing for multiple automobile maintenance and services uses with no bays facing upon Yankee Doodle Road (County Road 28). (5) Banks and savings and loan facilities of a mininmum 10,000 sq. ft. (6) Office uses. Page 4 (7) Gasoline sales when developed as a part of a car care center with no retail sales except for auto related items. (8) Clinics for human care. (9) Uses deemed similar by the City Council. (10) A retail shopping center by conditional use permit based upon the following findings: (a) That the thoroughfare system (local streets, county roads and I-35/Yankee Doodle Road Interchange) which will serve the proposed development has adequate capacity to accommodate the proposed retail shopping center, or (b) That there is a firm financial commitment (public or private) in order that necessary improvements will be made to the thoroughfare system to accommodate the proposed shopping. (c) That all Minnesota State Agency reviews and requirements related thereto are met. (d) That the retail shopping center will be developed in a manner that will be consistent with standards established for ,. other developments in the O'Neil Planned Development. (e) That the retail shopping center development does not exceed any site coverage and/or building square foot maximums that may have been established by the Planned Development Agreement for the O'Neil Planned Development. c. Office Park (O.P. These areas shall be developed with those uses as permitted under the provisions of Limited Business (L.B.) district in the Eagan Zoning Ordinance Chapter 11 except that there shall not be outside sales or storage permitted. In addition thereto permitted uses shall include research and development uses customarily considered to be an office and office - showroom where a minimum of seventy percent (70%) of the gross sq. ft. is used for office. d. Industrial Park These blocks are designated for those uses that are otherwise allowed as permitted or conditional uses in a "Limited Business" (L.B.) district as regulated by the Eagan Zoning Ordinance Chapter 11. In addition to the above, those areas designated for Industrial Park (I.P.) may also be developed with: (1) Electronics, research, and development uses where the use is customarily considered to'be an office. (2) Office -showroom where a minimum of twenty percent (20%) of the gross sq. ft. is used for office. (3) Over-the-counter retail sales where a maximum of ten percent (10%) of the gross sq. ft. of a multi -tenant building is used for retail sales. (4) Uses deemed similar by the City Council. Page 5 e. Retail Commercial (R.C.) The block co -designated for Office Park/Retail Commercial is intended for some retail commercial uses in addition to office uses. Said retail commercial use development is to be in accordance with the requirements of the Neighborhood Business District (N.B.) as regulated in Section 11.20 Subdivision 10 of the Eagan Zoning Ordinance. 9. Performance Standards Specific performance standards shall be approved by specific requirements related to the following and as detailed in a design framework manual prepared by the developer and approved by the City as a part of the "Planned Development Agreement": a. Street Lighting Street lighting shall comply with the Eagan City street lighting policy. b. Landscape Plan (1) The Planned Development landscape plan shall be prepared by a registered landscape architect (State of Minnesota) and shall specify size, type, species and quantity of plant materials and cover Page 6 for all open areas. The Planned Development landscape plan shall pertain to all permanent open space or ponding areas and public street boulevard areas. (2) Planned Development landscaping improvements for boulevards and permanent open space areas shall be completed with the platting and corresponding improvements for each area platted. (3) A similar detailed landscape plan shall be prepared for each individual building development lot (minimum 5 acre area) prior to issuance of a building permit. (4) The City may require a Planned Development landscape design manual to provide developers with a guide which will create a cohesive landscape image throughout the Planned Development area. c. Screening and Buffer Screening and buffer requirements shall be required either by reference to City Ordinance or by specific requirements related thereto. d. Building Materials, Loading Docks and Refuse Storage (1) No loading docks shall be permitted along street frontage. Provision for handling all freight shall be on those sides of any building which do not face on any public street or proposed public street unless the area is completely screened from public view. (2) All buildings erected on the property shall be of masonry construction, an equivalent, or better. No building shall be constructed of sheet aluminum, asbestos, iron, steel or corrugated aluminum. Exterior surfaces of all buildings shall be faced with face brick, stone, architectural concrete masonry units, pre -cast concrete or an equivalent or better as determined by the City and all sides shall be treated as a front. All sides of all buildings shall be treated as a front with the same architectural treatment. (3) All refuse storage areas shall be located within the principal building with a direct access from the refuse storage area to the exterior of the building. e. Nuisance Characteristics General nuisance characteristics such as noise, glare, vibrations, odors or similar matters shall be controlled by Federal, State and City Ordinances. f. Signs Signs shall be controlled by City Ordinance except that an overall signage plan may be required for certain commercial developments to insure consistency and to protect and enhance the image of the Planned Development. Page 7 g. Site Design Site design requirements shall be regulated by City Zoning Ordinance for site requirements related to surfacing, curbs, drainage, parking and driveway spaces. h. Environmental The City manual shall be followed and where necessary criteria shall be established for construction of retaining walls, maintenance of natural or manmade ponding areas, and maintenance of natural or open buffer areas or other requirements to meet State Agency requirements. i. Access Access shall be shared by adjoining properties where possible and shall be so designated when the P.D. property is platted. 10. Setback and Area Requirements Within the Planned Development, uses shall meet the following minimum requirements except that high rise buildings (over 35 ft.) shall meet the City conditional use provisions related thereto: a. Lot area: Minimum 5 acres except that minimum 1 acre lots may be approved as a part of a minimum 5 acre Planned Development. b. Lot width: Minimum 100 feet. c. Building setback: Minimum 50 feet along Yankee Doodle Road and Lexington Avenue; minimum 30 feet along other public streets including freeway boundary line. d. Parking setback: Minimum 20 feet along a public street; minimum 10 feet along other yards including freeway boundary. e. Parking restriction: There shall be no parking within the 50 foot setback area between the building and the peripheral County roads. a31 Page 8 f. Building size: Minimum ,000 sq. ft. gross area except: (1) Class I restaurant minimum 10,000 sq. ft.; (2) Savings and loan minimum 10,000 sq. ft.; (3) Service station 3,000 sq. ft. g. Parking spaces and other requirements: Where specific requirements are not stated above, those requirements as contained in Chapter 11 shall pertain. PD.3 MAY 19, 1988 ENGINEERING COMMENTS: Future development of the proposed O'Neil property will generate additional assessment obligations. The future assessment obligations will be identified based on the zoning and land use in effect at the time of the final plat approval and in accordance with special assessment policies in effect at that time. The availability and adequacy of the existing public facilities to serve the development will require further analysis based on the proposed uses. a 33 Exhibit =1 CITY OF EAGA'v (Potential Zonin,' District) Section 1.01 FREEWAY ._:EVELOP!ENT (F.D.) DISTRLCT A. Purpose To provide for a limited mixture of Find uses maae mutually compatible .with controls and high standards; to encourage and accommodate commercial uses in freeway locations convenient. ro the Metropolitan area; to provide for integrated roadside busine.-.s areas designed to .offer r group of essential services to the motoring t:ubii.: in comr)ac' t. and convenient locations; and so far as mai be possible, to protect the freeways from congestion by Groper location of iri h traffic generators. 3. Permitted Uses Within any "F.D." District, no structure or land shall be used except for one (1) or more of the following uses or uses deemed similar by the City Council: 1. Agriculture; 2. ;.1ectrouics, research and development where the use conducted is customarily considered to be an office use and does riot involve retail sales; 3. Office and office buildings; 4. Government facilities where the use conducted is customarily considered to be an office use; 5. Research laboratories where the use conducted is customarily considered to be an office; 6. Motel or hotel of a minimum of one hundred (100) units; i. Medical and dental clinics and offices; 8. Athletic clubs. Page 2 4, C. Permitted Accessory Cses 1. Car rental accessory to +d tels provided the cars are stored in the regular motel ,ite off-street parking area without occupying s„ace 1,,therwise required by ordinance for motel parking and provided there are 'io exterior signs, except traffic sins, for reserving parkin; Light :manufacturing and processing :hen conducted as an accessory pse in conjunction with ars elei•Lroi:ics or research ana development office; 3. The following, in buildings primarily occupied by offices, business and peofessional, and within the principal building of hotels or motels: a. Barber :and beauty shops; b. Floral shops; c. Camera and optical shops; d. 'ten's apparel; e. '.yomen' s apparel; f. Branch post office; g. Financial institutions; h. Jewelry shops; i. Boutiques; j. Shops which include and are limited to the sale_ tobacco, candy, hocks, magazines. newspapers, mifts, cards, stationery and office supplies; I.. Pharmacy and sundry items; 1. Utilitycollection; m. Travel bureaus; n. On -sale liquor when included within a motel/hotel; o. Restaurant or coffee shop; p. Art gallery; q. Banks and savings and loan; 4. Essential public service structures except for elevated tanks, electric owner substations, and transmission towers. D. Conditional Uses Within any "F.D.” District, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except through the granting of a Conditional Use Permit: 1. On -sale liquor in conjunction with a restaurant; Class I restaurant only of a minimum of 10,000 square feet of gross floor area; :3. Banks and savings and loan as a free-standing building; 5 Page 3 14. 4. Transit pic4up station; Any building over :33 fes above average ,rade in hai;•ht with setbacks and parkin:: requirements t" be determined by the City Council as a :art of the approval of the conditional use permit. Special Freeway Development (F. D. ) District Requirements 1. Prohibiter: Uses Notwithstanding any provisions of the Ordinance to the contrary, the t'ollowing shall be prohib..ted as permitted or conditional uses within the "F.D." District: a. Outside stales or storage except of ..onstr•.tc,_ion materials during construction; b. New or used automobile, truck or :equipment :alp-•:; c. Fast-food restaurants or Class II restaurants; d. Outdoor theater; Bowling alleys or similar types of commercial recreation eNcept athletic clubs; C. Electric utility sub -stations and elevated tanks; Radio or television transmission towers; s. h. Truck stops or car wash; Billboards; j. Warehousing, wholesale sales or wholesale clubs. is, /474, 10. . Ck, • Op s • t P1 _... ,- .... 5.. ....... . 4...—.....0.../'414---^` 1"--ille- • -2-- !10..1.-- '......" .-. , . .....%..." ' . 4. • • Ij 1: 1'1 • 13 • 0...fre•r.lf!4. s.,f•ot.,(1 Ltre.G70. r.cmt.:( 1 • ' U a Lo cr7 0 c L M ROBERT J. & GRACE M. O'NEIL w Chairman Pawlenty then convened the public hearing in regard to the request for a Planned Development Amendment detailing proposed uses within the O'Neil Planned Development located north of Yankee Doodle Road and east of Highway 35E in the South Half of Section 10. The Commission members stated they had just received the material regarding this request and would have difficulty taking the matter under serious consideration. They requested that information be submitted before the meeting in the future. Runkle stated an application has been submitted to rezone 117 acres from Commercial Planned Development (July11985 application) to an updated Commercial Planned Development. As part of the settlement of litigation over the proposed rezoning, the City Council, by agreement, rezoned the subject O'Neil property to Commercial Planned Development in accordance with the Petition submitted in July, 1985. This agreement came before District court in January, 1988. In the process of negotiating settlement with the City, an "Alternate Commercial Planned Development Plan" was prepared in December, 1987 and was proposed by formal petition to replace the 1985 Plan. John Shardlow, Planning Consultant for O'Neils, stated the advantages of the proposed plan are: 1. It requires a Planned Development with the City which incorporates more standards relating to landscaping, building materials, signs, access restrictions, etc. 2. It provides for more variety of landuses over the 117 acre area. 3. It provides for "Freeway Development" area implementation. Mr. Shardlow discussed the neighboring land rezoning (Lexington Land Co., Inc.) and the road alignment adjoining the two parcels. He requested the Commission consider the same information on the Lexington Land Co., Inc. matter (Agenda Item E) so he would not have to repeat the information. Mr. Robert Barth, Attorney for Federal Land Company, stated there is nothing in the settlement agreement which requires the Planning Commission to do _- anything with Exhibit D. The only requirement of the Commission is to rezone - as to Exhibit B. He stated the dedication of ponds and the utility easements must be attended to. He stated he feels the City should ask for reimbursement of costs for the acquisition of the easements from O'Neils. He stated the FLC has asked for documents and have not been able to receive them from staff. He stated the zoning which is requested for approval does not exist in the City of Eagan, perhaps in the future but not now. He further stated the Planning Commission must look to the future and not make zoning classifications before reviewing the facts. Carl Olson, Lance Company, stated he will appear before the Planning Commission in one month to develop their land and is concerned about access to their property. He stated his land is 9.8 acres along side the freeway - a triangular site. The 9.8 acres was originally part of 35 acres which is divided by 35E. He will present a handout of the property at the June meeting. Martin Collin, FLC, informed the Commission he feels there are problems in the following areas: 1. The Planning Commission should require dedication of the easements now; 2. The Planning Commission is putting the "cart before the horse'; 3. The Planning Commission is considering zoning 122 acres with no standards; 4. The Planning Commission will have no control of the property after rezoning. The Commission is under no obligation to react quickly. 5. The quality of the building is questionable; 6. Road problems. Lawrence Martin, 3305 South Lexington, asked the Planning Commission what the rezoning would be changed to. Runkle stated the zoning on Exhibit B now shows Agricultural on the east. If rezoned, it would be changed to something else, perhaps an Industrial Park. Mr. Martin stated he is concerned about buffering from the possible industrial park. He asked if the matter will be before the Commission or Council before actions are taken. Chairman Pawlenty informed Mr. Martin that when a proposal is made, the developer must appear before the Planning Commission and the Council. Mr. Martin objected to the rezoning from Agricultural. Chairman Pawlenty stated he feels that it will change from Agricultural someday because of its location. Mr. Martin also is concerned about the wetlands. He stated he felt DNR approval is necessary. The Commission discussed the matter in great detail in regards to the Planned Development Amendment, Rezoning and Concept Plan. Voracek moved, Wilkins seconded, the denial of the Planned Development Amendment as there is not a Planned Development to amend. Voracek and Wilkins voted in favor; Pawlenty, Trygg, Merkley, Garry and Graves voted against. Attorney Sheldon advised the Commission to make the motion based on the merits of the proposal. He stated the Commission should either agree or disagree with the concept. Voracek moved, Graves seconded, the motion to accept the Concept of a Plan called Exhibit D with the understanding a Planned Development Agreement will be submitted, subject to the condition an Ordinance regarding the Freeway District must be in place prior to the signing of the Planned Development Agreement. Pawlenty, Voracek, and Merkley voted in favor; Garry, Trygg and Wilkins voted against. Garry stated he must vote against because of the unanswered questions. ak-k° Agenda Information Memo June 7, 1988, City Council Meeting COMPREHENSVIE GUIDE PLAN AMENDMENT/LEXINGTON LAND COMPANY AND REZONING O. Comprehensive Guide Plan Amendment for Lexington Land Company and Rezoning of 57 R-3 Acres to a Planned Development District --A public hearing was held by the Advisory Planning Commission to consider an application submitted by Lexington Land Company, Inc., requesting a rezoning to a planned development for 57 acres located west of Lexington Avenue and south of the bulk mail plant at their May 24, 1988 meeting. The APC is recommending approval of both the comprehensive guide plan amendment and rezoning. For a copy of the Planning Department report, refer to pages �?�oZ through<- ?5 . For a copy of the APC action on this item, refer to page o?S. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment and rezoning for the Lexington Land Company to allow a planned development located south of the bulk mail facility adjacent to Lexington Avenue. SUBJF,ECT : APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: CITY OF EAGAN REZONING COMPREHENSIVE GUIDE PLAN AME LEXI LAND CO. INC. SOUTH OF THE BULK MAIL FACILITY, WEST OF LEXINGTON AVENUE, SE 1/4 OF SECTION 10 R3 - RESIDENTIAL TOWNHOUSE DISTRICT MAY 24, 1988 MAY 18, 1988 PLANNING DEPARTMENT APPLICATION SUBMITTED: An application has been submitted requesting a rezoning to a Planned Development for 57 acres located west of Lexington Avenue, south of the Bulk Mail Facility, SE 1/4 quarter of Section 10. BACKGROUND: In the past, the Lexington Addition was platted and zoned multiple residential and sat vacant as a paper plat status for the past seven to ten years. There have been some attempts to change this Preliminary Plat and zoning to develop as a residential development, however none of those plans were ever finalized. In 1985, there was an application for the O'Neil property to the south consisting of 117-120 acres. This rezoning application was not approved by the City of Eagan and litigation commenced from 1985 to present. The overall plan that the City has suggested is that this parcel and the property to the south be tied together in a consistent use. Therefore, if the property to the south is proposed to be rezoned to freeway development office and office showroom facilities, this property should then look at the similar uses as to the property to the south because the applicants have submitted a concept for a Planned Development showing the road circulation and parcels which would tie into the development to the south. The land uses proposed are also consistent with what has been proposed in the Planned Development to the south. The applicants have set up eleven parcels of which all have been set up for industrial park/office park uses. The parcels range in size from 2.7 acres on the smallest to 8.7 acres for the largest parcel in the sketch plan. The Preliminary Plat application has not been submitted at this time because no specific plan has been approved or any specific user identified with this particular development proposal. Besides compatible use to the property to the south and north, the applicant has provided a very crucial link in the overall transportation plan for this neighborhood. The north/south street proposed on the westerly portion of the plat will tie in to the westerly north/south street in the O'Neil property. This north/south street is critical to provide alternate movements from Yankee Doodle Road to Lexington Avenue which could potentially reduce 1 pga some of the traffic movements through the intersections of Yankee Doodle and Pilot Knob Roads. The only link remaining to obtain would be from the Opus property directly north which abutts the Bulk Mail Facilitx and the right-of-ways will be proposed and dedicated for an overall circ _Stion pattern. The applicant has prelimin 'iy shown how utilities can be provided to this parcel and o have looked at the storm water ponding that would possibly be required. Engineering has not had the detailed analysis, but conceptually this plan has shown it can work and the detailed review will take place at the Preliminary Plat process. If this rezoning to a Planned Development is approved, it should be contingent on 1) a Comprehensive Plan Amendment which would be processed through the Metropolitan Council and 2) a Planned Development Agreement that would be executed between the applicant, owner and the City prior to the rezoning. This Planned Development Agreement would include following the procedures memorandum of February 5, 1988 prepared by John Voss which is for the O'Neil Planned Development, but can be applied also to the Lexington Land Company Inc. Planned Development. A copy of this memorandum is attached with this report for review. GRADING/DRAINAGE/EROSION CONTROL: A preliminary grading, drainage and erosion control plan was not submitted as a part of this application. The applicant has not identified specific uses for the proposed lots. Proposed spot elevations were given which generally identify cut and fill areas of approximately 15' and 30', respectively. Encroachment into adjacent properties is difficult to determine based on the grading plan submitted. General drainage basin areas were defined which conform to the assumptions which were identified in the Comprehensive Storm Sewer Plan. Ponding easements will be required to incorporate the high water elevation necessitated by the Comprehensive Storm Sewer Plan storage volume requirements. Conceptually, the applicant proposes storm sewer alignments outside of the public right-of-way. The development will be required to propose storm sewer in locations which are within platted public right-of-way. The development will also be required to provide storm sewer outlets to all platted lots. An erosion/sediment control plan was not submitted for review at this time. The site has numerous marshes and low areas. One of the major areas of concern is the impact that any development will have on the water quality of LeMay Lake. The ponding areas identified in the Comprehensive Storm Sewer Plan are adequate to quantitatively accommodate anticipated storm water runoff but do not have sufficient volume to effectively treat the storm water runoff from a qualitative standpoint. Additional ponding based on proposed development will be required to qualitatively treat the storm water runoff prior to discharge into LeMay Lake. UTILITIES: Water main service of sufficient pressure and capacity is readily available from the existing trunk water mains in Lexington Avenue and Yankee Doodle Road. The City's Comprehensive Water Supply Plan proposes a north/south 12" trunk water main through this development. The development will be required to connect to the existing trunk water main in Lexington Avenue and to provide water main stubs to the north and south property lines for future connection to the trunk water main__ being constructed as a result of the Eagandale Center Industrial Park #9 and the existing trunk water main in Yankee Doodle Road, respectively. Trunk sanitary sewer service of sufficient depth and capacity to serve this site is readily available along the westerly side of Lexington Avenue. STREETS/ACCESS/CIRCULATION: Street access to the site is readily available from Lexington Avenue along the easterly edge of the proposed development. The interior street circulation consists of a main east/west roadway which connects Lexington Avenue to a north/south roadway which is stubbed to the southerly adjacent O'Neil property and stubbed to the northerly adjacent Northwestern Mutual property. The north/south roadway is a segment of the proposed connection of Lone Oak Road with Yankee a�� Doodle Road. The first segment roadway connecting! Lone Oak Road Hampton Drive which is part of City Industrial Park 9th Addition). of the proposed north/south and Yankee Doodle Road is Project 528 (Eagandale Center EASEMENTS/RIGHTS-OF-WAY/PERMITS: The proposed east/west north/south roadway is identified as a neighborhood collector street on the City of Eagan Comprehensive Thoroughfare Plan. A neighborhood collector street has a 80' minimum right-of-way requirement. This 80' minimum right-of-way provides sufficient width for a 40' wide pavement and an 8' wide bituminous trailway. The development is required to dedicate sufficient right-of-way for Lexington Avenue as required by the Dakota County Highway Department. The proposed site has two major ponding areas which are identified in the City's Comprehensive Storm Sewer Plan. Development on the site will necessitate the dedication of the appropriate ponding easements for Pond DP -6 and Pond DP -13 as necessitated by storm water runoff storage volume requirements. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency and proposed future development of the site. ASSESSMENTS: The following assessments are identified in accordance with special assessment policies in effect at this time which will be identified as a requirement of future development. PROJ # DESCRIPTION RATE Future 104/372 114 104 104 Trailway Storm Sewer Trunk Street - Lexington Ave. Storm Sewer Upgrade Water Availability Charge Water Area Trunk TOTAL PROPOSED ASSESSMENTS $13.00/ff .083/sf 61.44/ff .013/sf 2, 015/ac 1,315/ac QTY AMT 866.47 1,488,498 806.47 619,856 26.9 26.9 The proposed assessments are identified at this applicant's general information. time $11,264 123,541 49, 550 8,058 54, 204 35, 374 $281,991 for the 1988 STREET MAP 1987 ZONING MAP 1980 COMP GUIDE PLAN MAP KM SITE DR NOONSNINE PARK 1 - TAMSAAC • ��'� 2- BIRCH PT `y ]-ST •_ FOREST rA B- NIDNEIOWA V00 0 TN V {- PeD1Y000 PT OLeAMr PA CARR/J MILLS COUP 1 I (11;('-','"` F 0 0 0 0 0 OI pl A W N 0 V O! 0 41 111 01 P A A D, L) N Lr 10 OD V A 1 _ • Ito 1 l I O 0 0 0 , ' . 1 / lit'll'I';';i:;;;I',"-g-:::: 1 ,1 s----1 /Q`._.-.-7,_„...6::;-...=,.•_ j --" \ ,11, (l;', �' • 1, - /- ' , , _i; r.,—"c moi- '�y�'�, '% \,,,,,, ,. ,`.i ; T 7J F-); • , Vi.::--'" . r f, 1 0 -4 A 4 (.t P 7. 7 P { CO 0 0 A N O 10. p 0 0 0c r.} • i8 • 1,( „11,11 �i 1111;• ;1,J 11 ,,111 11 111,1/pt 111 1 t' _•'' ''' �.. ;IO ;‘,11111, ��. ` `I,,�� `) 1 Z Illt �'1j n .1,. kt `` 0f, \ `111`11 ,;y111j r , .'/„ •111u rlld 111 111,1 'A, i1�11 •, .}'1 , t11, i• ' '' I'1� 1t • 1; lld1 1110;1 1 1 1,1111 11 1s .\ �,l; • '' ' • ),)11 I ¢�2 Jr wrNn wl..�-ate �� t y TON E 1 'I • SKETCH PLAN i*!;: LEXINGTON LAND CO. INC.B •'4 rI i EAGAN. MN. rr rarr••w•• i 41 NI• , IA` - 1 0 ci) m m - I c z 03 CO cn0) SKETCH PLAN LEXINGTON LAND CO. INC.I EAGAN, MN. :77-= 11,00011 M 1111.0•Inuim •11. 1 STORM SEWER UPGRADE - 619,856 S.F. V.LEXINGTON AVENUE STREET IMPROVEMENTS - 806.47 F.F. O> F' ea O O O O SA VA O 1 O N 0 pppPPPPPO 8 m 0 n 1111 Illi 1 I 11 1 3 4S O 1 • '1 O O m r W 0 -I 0 X C N •+ I. p •-'' `'' , C; rnrn 9 110.1 O 1 Ci m 1 I 7C 234 I 43 _ `;i,= _1 ` ' 1-41 1f •11 er II' SKETCH PLAN LEXINGTON LAND CO. INC. EAGAN. MN. UMW 1.11 M 411 x• 0111 I• ' WATER AVAILABILITY CHARGE AND WATER TRUNK - 26.9 ACRES SKETCH PLAN J LEXINGTON LAND CO. INC. a.:� """" EAGAN. MN. 41Jx„10. .i11ats itts a5� 21, ..._�,.... . `.. >,< ` ` 38.2165.0 Yy \ ,� / rf• !EX -- AFisC 16" EAGANDALE—GE ER � 6 t A 168 e" �f 16�11 1LOKI 49.2/ 74.0 /75.0 7DITION 56/7/ 74.0 16" 4Q4/57.9 70' I4I9 200.1••No.'rc r,DA1(69).:,n 18" 71t -� 615013_0.0 P 29 18 � 67 TO A1: Rk3.6/ 72-0 41 ADDITION 18" C CARRIAGE H;LLS . r SUBJECT PARCEL FIG #I city of eagan PUBLIC WORKS DEPARTMENT STORM SEWER MASTER PLAN approved: standard plate #: 7-11- --r • VIEW H . ACRE S I 1, s ''' • 7 , >' i 7.----1 —7. / ,..Z.' 2 ' ) i ,,---- • - • . .• ,-, /2.; /.:. ,-.- -,. 1 I / \ • : `.- . , :, > ..),,, ' F t...F. K / s.:;.N.:„,, , . , , • , I • HP"4\.\. hC68 8.0 ". " %14 — • V • es4Ar? (E ACRES 872.0 LCANJ egisilliND MENNEN" 9 859.3 866.0 i; ,. • i T.''..FA ICOL '''' 5.. C HC)01 24 ' .DP -17 JEsso.o N*i;p‘ARK,98/..9 IF8.17.81.0ir=11/ A 1 ; P-114 875.0 t 1 F —82777 - .878 .0 i • — R E15 - - h - 5-- • 876.0 878.2 F 12 . r--- * 36-\r • ‘,,N, DP -I02 868. • L LI / • -E;.05 1 1 ; /I - ,P-rn L. S.- 30 CP -5 873.0• "; -8759 f, lit .; 7,- DP -26 B74.8 C -h : ! .-.6i1--,E.hTENN. • • ; I. • 1 • C i ,. .---.4...,.. I F ' : DP -5 838.3 v...... DP - 4 12" et 874.8 L.S.-7 , " D -p . ------DP1 , • ' 84E 1 —16 DP -20 • D -r -- 901.0 `. ,8 64 N FIG*3 city of eagan PUBLIC WORKS DEPARTMENT WATER MASTER PLAN approved: standard plate #: k LEXINGTON LAND CO., INC. Chairman Pawlenty recommended continuing the next item on the agenda - Lexington Land Co., Inc. until the end of the meeting. Mr. Runkle stated the Commission should review the Lexington Land Company's request at the 5/24/88 meeting because the Lexington and O'Neil parcels are connected in location. Motion by Voracek, seconded by Wilkins to continue Item E of the agenda until the Commission receives more information. Greg Gustafson, Lexington Land Co., stated the property is not tied to O'Neils' property. He stated his property has zoning classification. Member Voracek withdrew his motion to continue Item E and stated the item should be moved to the end of the 5/24/88 agenda. All agreed. CONDITIONAL USE PERMIT - CALVARY MEMORIAL CHURCH The next public hearing convened by Chairman Pawlenty was in regard to the application for a Conditional Use Permit by Calvary Memorial Church. Mr. Sturm stated an application has been submitted requesting a Conditional Use Permit to allow a profit-making day-care facility in a public facility district. Calvary Memorial Church is located along the south side of Diffley Road just west of Praise Lutheran Church and Dodd Road. The City Code permits a number of uses in this district as long as they are not commercial profit-making enterprises. Therefore, this request is being processed as a Conditional Use since the church will lease space to the Ted D. Bear Company. The ultimate capacity will be 40 to 42 children per day. The first phase parking lot contains 56 parking stalls. Trygg questioned if there would be a tax problem for the church. Legal Counsel Sheldon stated the conditional use permit would not affect income tax but it would affect the real estate taxes. Wilkins asked if the Fire Marshall had inspected the church and if there was sufficient exits. Mr. Sturm stated the church was inspected when the building permit was originally requested. Mr. Voracek stated the day-care facility will be licensed by the State and will have to meet the State's strict conditions. Garry moved, Merkley seconded, the motion to approve the Conditional Use Permit for Calvary Memorial Church to allow a day-care facility in a Public Facilities district located along the south side of County Road 30, just west of Dodd Road in the Northwest Quarter of Section 25, subject to the following: 1. No additional signage shall be permitted other than the church sign along Diffley Road. 2. A license from the State shall be required prior to the occupancy of the Ted D. Bear Company in the church. All voted in favor. Agenda Information Memo June 7, 1988, City Council Meeting ADDITIONAL ITEMS 4. PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contrac Item 1. Contract 88-16, Receive Bids/Awar0, Contract (Lexington Square Storm Sewer) --Enclosed on page -7 S is a tabulation of the bids received on Friday, May 27, for the installation of the storm sewer improvements within Lexington Avenue to provide additional storm sewer outlet capacity to the Lexington Square development as determined necessary by an evaluation of the drainage basin resulting from the July 23, 1987, super storm. All bids have been checked for their accuracy and compliance with plans and specification and it is recommended that the contract be awarded to the low bidder, Glendale Contractors. A status regarding the acquisition of all necessary easements will be provided at the June 7 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-16 (Lexington Square Storm Sewer) and award the contract to Glendale Contracts in the amount of $347,215 and authorize the Mayor & City Clerk to execute all related documents. LEXINGTON SQUAR&& LEXINGTON AVE. STORM SEWER PROVEMENTS EAGAN, NESOTA 1 8 CONTRACT 88-16 CONTRACTORS 1. Glendale Contracting 2. Richard Knutson, Inc. 3. J. P. Norex 4. Arcon Construction 5. A.P. Keller Const. 6. Barbarossa & Sons 7. Lametti & Sons 8. Lake Area Utility 9. Orfei Cont., Inc. 10. Northdale Const. LOW BID Feasibility Report Estimate (F.R. Proj. 527) Engineer's Estimate % Over (+) Under (-) F. R. % Over (+) Under (-) E. E. BID TIME: 10:30 A.M. BID DATE: FRIDAY, MAY 27, 1988 TOTAL BASE BID $ 347,215.00 349,975.68 350,536.39 357,913.24 370,989.00 397,707.50 415,137.00 449,624.98 458,002.40 471,215.85 $ 347,215.00 $ 329,638.50 409,495.00 + 5.3% - 15.2% Agenda Information Memo June 7, 1988, City Council Meeting Item 2. Contract 88-12, Receive Bids/Award Contract (Eagan High School Addition) --Enclosed on page 0 5 (7 is a tabulation of the bids received on Wednesday, June 1, for the installation of utilities to service the Eagan High School Addition. All bids have been checked for their accuracy and compliance with the bid specifications. It is recommended that the contract be awarded to the low bidder as indicated. All easements necessary for the installation of these improvements will be provided with the dedication of the Final Plat previously considered on this agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-12 (Eagan High School Addition - Utilities) and award the contract to Ceca Utilities in the amount of $321,196.37 and authorize the Mayor and City Clerk to execute all related documents. as EAGAN -GH SCHOOL UTILITY- ROVEMENTS EAGAN, MN. 1988 CONTRACT 88-12 PROJECT 518 BID TIME: 10:30 A.M. BID DATE: WED., JUNE 1, 1988 CONTRACTORS TOTAL BASE BID 1. Ceca Utilities $ 321,196.37 2. Richard Knutson, Inc. 332,253.38 3. F.F. Jedlicki, Inc. 333,067.40 4. Burschville Const., Inc. 340,586.07 5. Nodland 341,070.70 6. Orfei Cont. 345,137.79 7. 0 & P Contracting 351,897.80 8. F. M. Frattalone 354,402.00 9. G. L. Contracting 354,741.47 10. J. P. Norex 355,088.10 11. Arcon Construction 355,879.82 12. Lake Area Utility 364,419.42 13. Northdale Cont. 366,678.20 14. Brown & Cris, Inc. 373,393.90 15. Lametti & Sons, Inc. 374,045.00 16. Glendale Cont., Inc. 377,830.25 17. S. J. Louis Const. 383,246.00 18. Barbarossa & Sons 387,512.00 19. Landwehr Heavy Moving 412,415.50 LOW BID $ 321,196.37 Feasibility Report Estimate (F.R.) Proj. 518 Engineer's Estimate % Over (+) Under (-) F.R. % Over (+) Under (-) E.E. $ 415,430.00 392,000.00 - 22.7% - 18.1% Agenda Information Memo June 7, 1988, City Council Meeting Item 3. Contract 88-6, Rece.'' Bids/Award Contract (Braun Court - Streets & Storm Sewer) --On sday, May 24, the City received bids for the second time for t proposed installation of utility services, storm sewer and street improvements of Braun Court necessary to service the proposed Harvey's Heritage Addition. As the Council may recall, there has been considerable discussion by the affected property owners regarding the feasibility of this project based on past costs received. As can be seen by the bid tabulation enclosed on pager,75c1, the low base bid with the alternate is within 0.9% of the estimated construction cost contained in the revised feasibility report presented in May, 1987. Also enclosed on page (Q0 is a breakdown of the previous bids received. With the final plat being approved previously on the agenda and all other required easements being dedicated by separate document, this project is now in order for formal approval. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-6 (Braun Court - Streets & Storm Sewer) and award the contract to S.M. Hentges, Inc., in the amount of $41,360.20 which includes the alternate bid and authorize the Mayor and City Clerk to execute all related documents. o 5Q BRA COURT UTILITY & S ET IMPROVEMENTS EAGAN, ,INNESOTA 1988 CONTRACT 88-6 PROJECT 487R BID TIME: BID DATE: 10:30 A.M. TUES., MAY 24, 1988 CONTRACTORS TOTAL BASE BID ALTERNATE BID 1. S.M. Hentges & Sons $ 39,789.00 $ 41,360.20 2. F. F. Jedlicki, Inc. 50,813.00 53,112.00 3. Bituminous Roadways 53,134.90 55,291.35 4. 0. & P. Contracting 56,481.00 58,700.00 LOW BID $ 39,789.00 $ 41,360.20 Feasibility Report Estimate (F.R.) Proj 487R Engineer's Estimate % Over (+) Under (-) F.R. Low Base Bid + Alternate $ 53,260.00 45,000.00 - 25.3% $ 41,360.00 3S°1 $ 40,973.00 +0.9% BRAUN COURT PRELIMINARY BIDS REC'D. BIDS REC'D. BIDS REC'D REPORT IN '87 (SEPT.) IN '87 (OCT.) IN '88 MAY Streets & Storm $34,000.00 $49,900.00 Sewer including Alt. Services TOTAL 7,000.00 $41,000.00 5,300.00 $55,200.00 $46,600.00 16,900.00 $63,500.00 $35,100.00 6,300.00 $41,400.00 November 3rd letter used the bids of October 1987 to determine proposed assessments. Agenda Information Memo June 7, 1988, City Council Meeting Item 4. Contract 88-10, Receive Bids/Award Contract (Eagandale Center Industrial Park 9th & 10th Addition - Streets & Utilities) --On Thursday, June 2nd, formal bids were received for the above -referenced project. Enclosed on page a(a� is a bid tabulation showing the low bid in relationship to the estimate contained in the feasibility report. All easements required for the installation of these improvements are being provided by dedication on the final plats for these subdivisions. All bids have been checked for accuracy in compliance with the bid specifications and it is recommended that the contract be awarded to the low bidder. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-10 (Eagandale Center Industrial Park 9th & 10th Addition - Streets & Utilities) and award the contract to Richard Knutson, Inc. in the amount of $462,447.59 and authorize the Mayor and City Clerk to execute all related documents. a<Q, \ EAGANDALE CENTEP INDUSTRIAL PARK NO. 9 UTILITY AND 3REET IMPROVEMENTS EAGAN, MINNESOTA 1988 CONTRACT 88-10 PROJECTS 528, 539 & 525 BID TIME: 10:30 A.M. BID DATE: THURS., JUNE 2,1988 CONTRACTOR TOTAL BASE BID 1. Richard Knutson, Inc. $ 462,447.59 2. F.F. Jedlicki, Inc. 478,083.95 3. Nodland Assoc., Inc. 486,359.90 4. Nodland 488,366.35 5. Orfei Cont., Inc. 489,798.65 6. Northdale Const. Co. 512,758.33 7. Lake Area Utility 514,635.76 8. Ceca Utilities 518,499.24 9. Arcon Const. ,Co. 531,145.03 10. S. J. Louis Const. 557,742.10 LOW BID $ 462,447.59 Feasibility Report Estimate (F.R.) $ 621,000.00 Engineer's Estimate 600,000.00 % Over (+) Under (-) F.R. - 25.5% % Over (+) Under (-) E.E. - 22.9% Agenda Information Memo June 7, 1988, City Council Meeting Item 5. Contract 87-39, Approve Change Order #3 (Fire Station #4) --The original 'Contract provided for a 6" water service stubbed into the apparatus room for future sprinkling of this facility. Due to the size and location of this water service stub, the Fire Department requested that it be reduced to a 2" line and relocated adjacent to an existing wa 1 to provide greater clearance space. Enclosed on page o76 is a sketch showing the detail of this Change Order. The cost of this Change Order results in an additional $1,423.00 to the contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 87-39 (Fire Station #4) for an additional $1,423.00 and authorize the Mayor and City Clerk to execute all related documents. Ru►J 2."LL t op -t.. FROM FMCS of SLocK e.EPD 12 Couce.E.ia Fwoe T r 1 1 TAPA211weTEE Uwe OFF OR Co" L.Lv4E - T •-`i 1 ST I tvC" (o' ` \\ WTEE Lit.1E.- REt-1OJ . CONC. FLOOR 4 PA2T of P!PE - CAP OFF !a" Lurie $ELO\u C-tszoOE MIN. up" BELo\y FL2. SLB. t� \u.TEa L 1 LtE eVis I O tJS EA�r�►J 12E S -T -L TlpN 41 4 - sheet no. n. commission no. 8-x058 al date. 4./13/85 ■ 151 ARTHUR DICKEt ARCHITECTS. INC IR1N(f A%1t11 M* 111 _ MIMI %RI h MIN", v 1N Avis (04 •ti Agenda Information Memo June 7, 1988, City Council Meeting Item 6. Contract 88-22, Approve Plans/Authorize Advertisement for Bids (Miscella"heoys Projects) --Due to the reduced scale of the following projects, the have all been combined into one contract to achieve the eeomies of scale in the bidding process: PROJECT # 514 521 530 DESCRIPTION Duckwood Drive (Pondview Addition) Yorkton 2nd Addition -Storm Sewer Kinder Care Addition -Water Lateral 535 Carlson Lake Storm Sewer Lift Upgrade 539B Eagandale Ctr. Ind. Park -10th Storm Sewer Lift Station Station Addition - ESTIMATED $ $ 68,000.00 28,000.00 14,000.00 60,000.00 42,000.00 The Public Works Director and Consulting Engineer will be available to review these plans in detail with the Council in hopes of receiving authorization to advertise for competetive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specification for Contract 88-22 (Miscellaneous Projects) and authorize the advertisement for bid opening to be held at 10:30 a.m., Friday, July 1, 1988. Agenda Information Memo June 7, 1988, City Council Meeting Item 7. Contract 87-25, Approve Change Order #2 (Braddock Trail/Elrene Road r -The original contract provided for the installation of regulatory and traffic information signing and striping of the above -referenced streets. To insure better uniformity and conformance with City standards and proper scheduling, it is recommended that this work be performed by the City's street maintenance division of the Public Works Department rather than through a subcontractor. This will result in a deduct from the contract as follows: Part A (Project 498B -Braddock Trail) Deduct $1,064.23 Part B (Project 491E-Elrene Road) Deduct $ 935.20 This results in a total deduct to the contract of $1,999.43. The costs incurred by the street maintenance division will be charged to these projects and not to the general fund budget to insure proper cost allocations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 87-25 (Braddock Trail/Elrene Road -Signing and Striping) for deduct of $1,999.43 and authorize the Mayor and City Clerk to execute all related documents. Item 8. Contract 87-26, Approve Change Order #2 (Wescott Road) -- As a result of the negotiations for the acquisition of right-of- way and construction easements from Parcel 10-01400-010-82 (Edward Kalal), the City agreed to relocate four large diameter pine trees that existed within the acquired right-of-way. This results in an additional cost of $1,462.64 to this contract which will be the responsibility of the major street fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 87-26 (Wescott Road) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo June 7, 1988, City Council Meeting Item 9. Contract 88-3, Approve Change Order #1 (Northview Park Road) --The original contract provided for the installation of regulatory and traffic information signing and striping of the above -referenced street. To insure better uniformity and conformance with City standards and proper scheduling, it is recommended that this work be performed by the City's street maintenance division of the Public Works Department rather than through a subcontractor. This will result in a deduct from the contract as follows: Part A (Project 491F & 498C- Deduct $ 713.48 Northview Park Road) Part B (Project 494C -Wescott Road) Deduct $ 2,664.33 This results in a total deduct to the contract of $3,377.81. The costs incurred by the street maintenance division will be charged to these projects and not to the general fund budget to insure proper cost allocations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-3 (Northview Park Road -Signing and Striping) for deduct of $3,377.81 and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo June 7, 1988, City Council Meeting B. PUBLIC WORKS EQUIPMENT Item 1. Utility Maintenance Pump, Receive Bids/Award Contract -- On Thursday, May 19th, formal bids were received for the purchase of an 8" portable pump for the Utility Maintenance Division to provide additional capacity for emergency pumping of storm water ponds, sewer trenches, etc. Enclosed on page e.,?(Q9 is a tabulation of those bids received. The apparent low bidder, Ruffridge-Johnson Equipment, did not meet the specification requirements and, therefore, it is being recommended that this contract be awarded to the second low bidder, Hayden -Murphy Equipment Co. in the amount of $19,200.00. The Director of Public Works will be available to answer any questions and provide additional information. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for the public works utility maintenance pump and award the contract to Hayden -Murphy Equipment Co. in the amount of $19,200.00. BID DATE: MAY 19, 1988 BID TIME: 10:00 a.m. BID TABULATION ONE (1) 8" SELF PRIMING PUMP BIDDER TOTAL COST BID Ruffridge-Johnson Equipment Co. $16,977.00 Hayden -Murphy Equipment Co. $19,200.00 * MacQueen Equipment Inc. $25,198.00 i * Low bid meeting specs Agenda Information Memo June 7, 1988, City Council Meeting VEHICLE #143/STREET MAINTENANCE VEHICLE/ RECEIVE BIDS/AWARD CONTRACT Item 2. Vehicle #143, (Street Maintenance Vehicle - Miscellaneous Plow Equipment), Receive Bids/Award Contract --On Wednesday, June 1st, formal bids were received for the hydraulics, dump box, sander, plow and wing for the cabin chassis of Vehicle #143 recently purchased. Enclosed on page 7 ' ( is a tabulation of the bids received with a comparison to the remaining available budget for this vehicle. Also enclosed on paged is a memo from Superintendent of Streets Erhart regarding the bids. In evaluating the bids submitted by the low bidder, it was found that they did not meet the specifications for the structural support of the dump box. This exception to the specifications is not acceptable to the Public Works Department. If this modification were acceptable, the second and fourth bidders were not given an opportunity to provide a similar reduced bid. Subsequently, it is staff's recommendation that the contract be awarded with the existing specifications to Midland Equipment in the amount of $22,594.00. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Vehicle #143 (Street Maintenance Vehicle - Miscellaneous Plow Equipment) to Midland Equipment for $22,594.00. BID DATE: 6-1-88 BID TIME: 10:30 a.m. BID TAB1i ATION MISCELLANEOUS EQUIPMENT TO BE INSTALLED ON UNIT #143 NAME TOTAL BID EXCEPTIONS Midland Equipment $22,594.00* None La Hass $27,510.00 None Crysteel Truck Equipment $23,277.00 Modified structural support for dump box Boyum Equipment $21,983.00 Modified structural support for dump box * Low bid meeting specs Budget Amount $65,000.00 Cab & Chassis - $39,811.10 Remaining Budget $25,188.90 MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT IF STREETS DATE: JUNE 3, 1988 SUBJECT: MISCELLANEOUS EQUIPMENT TO BE INSTALLED ON UNIT #143 On June 1, 1988, we received four bids for equipment for Unit 143 (a new single axle dump truck). Boyum Equipment was the low bidder but did not meet the specifications in a critical area. We specified the understructure to be I steel beam or structural steel channel with cross members on 12" centers interlaced. Boyum Equipment bid a stacked and filled understructure which makes the dump body higher and does not have the strength of an interlaced body. Boyum Equipment bid was for a universal plow, wing and underbody which would not have compatible parts with all of our other Falls plows. I recommend accepting the second lowest bid from Midland Equipment for $22,594.00 which meets all of our specifications. Arnie Erhart Superintendent of Streets AE/nab Agenda Information Memo June 7, 1988, City Council Meeting VEHICLE #144, STET MAINTENANCE VEHICLE (FRONT END LOADER) Item 3. Vehicle #144, (Street Maintenance Vehicle - Front End Loader), Receive Bids/Award Contract --On April 5th, the Council received previous bids for the acquisition of a front end loader as a part of the approved 1988 budget. At that time, there were objections presented by one of the bidders regarding the "Total Cost Bid" process employed by the City of Eagan requiring a guaranteed repurchase price at the end of the five years similar to other pieces of heavy equipment recently purchased by the City. At that time, the Council directed the staff to readvertise for new bids on both the Total Cost Bid with an alternate for straight purchase. In order to obtain additional information for future recommendations, the staff revised the bid specification to require that every prospective bidder make available the piece of equipment being bid on for actual operation experience by public works maintenance personnel. Enclosed on pages f 4 through On is a report prepared by Arnie Erhart, Superintendent of Streets and Equipment providing the staff's evaluation of the various bids submitted for the related pieces of equipment. As can be seen from this report, the staff has made every effort to fully evaluate the economics, the efficiency, long term maintenance liabilities and compatability with the City's specific needs. Based on this extensive evaluation by two street maintenance workers, two equipment maintenance workers, the divisional supervisors and superintendent, it is staff's recommendation that the Council receive the bids and award the contract for the purchase of a front end loader to Ziegler Incorporated for Caterpillar 950E or 950B under the Total Cost Bid Alternate. The departmental director and superintendent will be available to provide additional information and justification for this recommendation to whatever level of detail is desired by the Council beyond what is presented in the following summary report. ACTION TO BE CONSIDERED ON THIS ITEM: --To receive the bids for Vehicle #144 (Street Maintenance Vehicle - Front End Loader) and award the contract to Ziegler Incorporated for the appropriate model of Caterpillar Front End Loader under the Total Cost Bid Alternate. x MEMO TO: TOM COLBERT, DIRECTOR OF PLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS DATE: JUNE 2, 1988 SUBJECT: LOADER EVALUATION AND COMPARISON In an attempt to have a fair evaluation of the bidder's equipment, we specified that the vendors provide the City of Eagan the same model of the piece of equipment it intended to bid, for one working day, so the City could evaluate it's performance. Failure to meet this condition would disqualify bid. Only two bidders provided us with a machine. They were Borchert Ingersoll with a Fiat Allis and Ziegler with a Caterpillar. The following is a comparison and evaluation done by Tom Streefland - Chief Mechanic/Shop Supervisor; Lance Lundsten - Street Supervisor; and John Kreager, Kurt Schlegel and Mike Marxer- all Maintenance Personnel. Both machines were equipped with a 3 1/2 yard bucket and were operating in the same material, which was the side bank by our maintenance facility, where we are excavating for our salt storage building. FIAT CAT BREAK OUT FORCE We had extreme difficulty to get a full load in the bucket when excavating into the bank. As we pushed into the hard pile of material you had to release the forward movement in order to roll the bucket back. A half a bucket was the maximum. This machine had no problem with bucket roll back no matter how much forward pressure was applied enabling it to fill the bucket every time. TRACTION In first gear the Fiat would spin it's wheels when pushing heavy material. In second gear it did not have enough power to push into the pile. The Cat had very limited slipping in first gear and had no problem when excavating in second gear. „4 TOM COLBERT PAGE 2. JUNE 2, 1988 VISIBILITY Fiat had better visibility in front of the machine because of the 2 side cylinders. Side visibility was limited which made it difficult for the operator to see the side of the bucket. Cat has one large cylinder in the middle of the machine which limits the visibility in front of the machine but has better side visibility for grading and lining up with the front or rear of the truck when loading. NOISE LEVEL The Fiat was much louder than the Cat inside the cab and outside for employees working near the machine. We have requested the decibel reading from Borchert but have not received it at this time. CAB The Fiat does not have an adjustable steering post and the square configuration by the steering wheel seemed to be in the way of the operator's knees. CONCLUSION: The maximum noise level on the Cat is 84 decibels which means hearing protection is not required. The Cat has an adjustable steering post and roomier cab for better operator comfort. The bucket controls also seem to be positioned better for operator control. The major difference between Cat and Fiat is the breakout force. Because the Cat has a larger multi-purpose bucket than the Fiat, we could not make an accurate comparison of breakout force in their specifications. In comparing the same 3.5 cubic yard bucket for both machines, the Cat has 6,240 lbs. (or over 3 ton) more breakout force than Fiat. (32,850 vs. 26,610 lbs.) The other major concern is traction. The Fiat has 180 hp as compared to Cat's 160 hp. It seems that the Fiat has too much h.p. to weight ratio which will cause tire slippage and wear. This could be a major problem when plowing snow with a plow and wing. One other major concern is reliability and availability of a replacement machine during a snow storm. Ziegler has many units available and a full stock of parts. Borchert has to ship in many parts from Chicago and very few machines available. an 5 TOM COLBERT JUNE 2, 1988 PAGE 3. RECOMMENDATION: Because the Caterpillar machine meets all of our specifications and performed considerably better during our evaluation, I think this machine would best meet the needs of the City. I recommend the City of Eagan purchase the Cat 950E from Ziegler for $140,690.00. As an alternative, I would recommend the Cat 950E Low Hour Rental Machine in the amount of $129,940.00 for a savings of $10,750.00. This machine has less than 600 hours and would have the full five year warranty. Le4x)r- Arnie Erhart Superintendent of Streets AE/nab Attachments ATTACHMENT I Comments from 10 major, local construction companies that are in the business of making money with heavy equipment. Alexander Const. 688-2755 (Bill) Strictly Cat loaders, reason is parts and service. "When you need the machine you know it is ready." Bituminous Roadways 457-8462 (Ron Nelson) They have 3 brands Fiat, Terex, and Cat. "Cat without a doubt will save you money in the long haul." Fiat transmission went out at 5,000 hours, Terex at 7,000 hours. Cat has 13,000 hours with original transmission. Encon 894-3200 (Ray) Exclusively run Cat loaders. "They are the best." Barbarossa & Sons 720-2208 (Ken) They have all Cat loaders. "Wouldn't go with anything else." They have had other brands in the past (Fiat, JD, Hough, Case). Now they buy strictly Cat. Enebak 331-1307 (Ken) "95% of our equipment is Cat because we can't afford any downtime and the great parts and service available." Fischer Const. 432-7132 (Pete Fischer) They have Clark, Komatsu, and Cat loaders. "Nobody builds a better loader than Cat, and nobody compares with their parts and service and resale." He also said, "1 don't care for Fiat -Allis." C.S. McCrossan Northdale Const. E.J. Kraemer Opus 425-4167 (Larry) They have almost all Cat loaders except for 2 small JD's. "Parts and service warrants spending the extra money." 428-4868 (Tom Wilebski) They have all Cat loaders because he said, "They are the best, most reliable, and have great resale value." 890-3611 (Bob Miller) They have about 150 rubber tired loaders; 145 are Cat. Bob said, "Buying Cat is the best thing you can do because of their resale, reliability, and parts and service." He has done extensive research and comparison and found they get more for their dollar with Cat. 454-4444 (Victor Buchols) They have a 950 and 966 Cat because they are the most reliable. They hire 30 to 40 trucks to haul at a time and can't afford to have a loader go down. They have had other brands in the past and now just buy Cat. Ogg ATTA(*ENT II SPECIFICATION REVIEW & COMPLIANCE 1988 ARTICULATED WHEEL TYPE LOADER VEHICLE #144 John Deere Fiat Allis Caterpillar Dresser 644E FR15B 950E 540 Basic Operating Weight Horsepower Transmission 37,000 35,160 38,057 39,000 Type Countershaft* Countershaft* Planetary Countershaft* Speeds 4 forward 4 forward 4 forward 3 forward* 3 reverse* 3 reverse* 4 reverse 3 reverse* Controls 2 levers* 1 lever 1 lever 2 lever* Brakes: Type Wet disc- inboard* mounted Dry disc Dry disc Dry disc Steering: Lubrication 100 hour* 100 hour* 250 hour 100 hr.* interval for interval for interval for hinge points hinge points hinge points of cylinders of cylinders of cylinders Wheel Adjustable Rigid - not * Adjustable Rigid - not * fore and aft adjustable fore and aft adjustable Electrical System 12 volt * 24 volt 24 volt 24 volt Bucket Capacity 2.7 2.5 Cu. yds.* 2.7 3.0 Mounting J.R.B. or American Balderson American (Quick detach American Coupler Coupler & connect) Coupler * Exceptions to specifications a�8 BID TABULATION W H Q H H A A H H Pa 1988 ARTICULATED WHEEL TYPE LOADER H z BORCHERT- CARLSON LAKE INGERSOL STATE EQUIP Fiat Allis John Deere FR15B 644E 4 110,796.00 117,390.00 z 0 No Bid No guarantee 3,914.10 3,954.00 -` 114,710.10 j 124,344.00 110,796.00 117,390.00 60-90 DAYS 90 DAYS 7 No charge zI Wx Aw 0 v aa) u1 ti A 157,943.00 120-135 DAYS ZIEGLER Caterpillar 950B 1987 Model Low ,Hr. Rental Ret. 129,940.00 o O o o IA v o 0 O 0 0 0 Ki ko 0 04 ko C- 0 77,516.20 129,940.00 60-75 DAYS W a 0 H N Caterpillar 950E o o OOi to a `4t v- 4,500.00 0 0 . 0101 0 0 a "014-1tt 0 N . ti 0 86,266.20 0 0 Vo a - 90-120 DAYS BIDDERS 1. MAKE/MODEL 2. BASE BID (+) 3. GUARANTEED MTCE COST (-) 4. GUARANTEED REPURCHASE (+) 5. SCHEDULED MTCE COST 6. TOTAL COST BID 7. ALTERNATE - BASE BID ONLY 8. DELIVERY DATE AMOUNT: $145,000 - Equipment Certificate H W O A Agenda Information Memo June 7, 1988, City Council Meeting 11/4 CONTRACT 86- i FINAL ACCEPTANCE TRAILS OF THOMAS LAR STREETS & UTILITIES C. PRIVATE IMPROVEMENT CONTRACTS Item 1. Contract 86 -JJ, Final Acceptance,(Trails of Thomas Lake - Streets & Utilities) --The Council has received a request for final acceptance of the public intrastructure installed by the Developers of the Trails of Thomas Lake Addition along with a certification from the appropriate consulting engineers and public works engineering/maintenance division that the improvements installed conform to City approved plans and specifications. Therefore, it would be in order for the Council to authorize the acceptance of these improvements for perpetual City maintenance and the release of the related financial security. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the final acceptance of Contract 86 -JJ (Trails of Thomas Lake - Streets & Utilities) for perpetual maintenance and the release of the related financial security. MINUTES;:OF A JOINT MEETING OF THE WAN CITY COUNCIL AND THE EAGAN CITY ADVISORY PLANNING COMMISSION • Mayor Ellison called to:::8tder a joint meeting of the Eagan City Council and the Eagan City Advisory Planning Commission which was held on Tuesday, May 26, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison, and Council members Wachter, Egan, Gustafson and McCrea. Also present were Planning Corumission Chairman Pawlenty, Members Voracek, Miller, Graves, Merkley, Trygg:and Wilkins. Tom Colbert, City Engine*, updWd everyone present regarding the Diffley/ - Lexington Reservoir information. He:'gtated the reservoir would be 6 to 8 stories in height. BRW has gprk 'p: p1.,4wgpr the reservoir and has 7 plans designed. Dennis Sutcliff stated several representative designs for the reservoir have been proposed: (1) Tank - painted to appear as a threa iimensional office building; (2) Conical shaped tank; (3) Epcot Center type (4) Combination - water::tai ;:"recreational area, park. There is also the possibilitf::alternative 35 -acre site with softball fields around it with the centerpiece'rtse:?vpr decorated serving as restrooms, concession stands and recreational areas fele:the children. This presentation was for the Council's information. The detailed presentation will be at a later date. The roadways must be identified that will be under capacity in the future. Potential plans must be consid0.ed4Qrthe 'rt ad capacity improvements. Long term transportation deci$:thns ritust: be`6oiisidered. The sprinkling ban which..has been:.in effect will be lifted at 6:00 a.m. on May 27, 1988. There::was a tcta1.sprinkling ban on the City of Eagan south of Diffley Road d i :::to th .act tat Well No. 5 was out of commission. Well No. 5 is natV':'b [c t" fri'6peikion. City Administrator, Tom Hedges, directed the conversation regarding development standards. The City Council is considering the adoption of new regulations to the City Code and.hanges in the existing policies for the purpose of enhancing quaLi.t_:y'::standards for future development. Several of the recommended chatges"app1y'''W ntal units. Standards must be issued to decrease the amort it:'of apartment . Some of the suggested requirements by the Council include: (1) thequirement of 75% of the exterior finish shall consist±:;:of brick, nature: stone, or glass; (2) all rental units shall have undet00 .n .:pa i --'11s; (3) all rental units ............................ ............................. . ............................ shall have sprinkler systems; (4) minimum engineering specifications for all parking lots that are 4 spaces or greater in non -R-1 developments; (5) underground sprinkling w]1. be required for commercial and multi -family projects; and (6) regarding s g1e-family projects, a percentage of each lot must have an acceptable leve1..of..fox:e5t4on. A building permit process must be developed regarding 004011::.:0Ati.4 development standards. A meeting is being schediled for June 2nd, 1988, to review the proposals which will go before the Coui t1 on June 7th, 1988. McCrea asked what will happen if a condominium is built and the condominium cannot be sold. Can the condominium then be rented? She wonders what the City can do to protect itself. McCrea is concerned that the contractors and/or develppprs maybe using cheap facial material in their construction. Regarding the sodding requirement, the question was raised as to whether the 12 month time reggtNi nt (by.oxdtnance) should run from the time of obtaining the buildir ::p t::tlme of occupancy. Mayor Ellison stated these development requirements are just a beginning. He feels this will be an ongoing effort. He stated if these ordinances are adopted on June 7th, 1988, the two major projects which are in the works at the present time will be.subject to the new restrictions. He stated these measures are being welcor ed::t "site sensitive developers". These measures will have a long -teras,:: WIVe affect on the neighborhoods in Eagan. Voracek questioned if the::can"farce the developers to clean-up previous projects before they can""be.::a1:3:0d:."to develop further in Eagan. Voracek asked what can be done to enforce' landscaping restrictions five years from now when residents fail to maintain their landscaping and their parking lots. Perhaps maintenance agreements in the townhouse association by-laws will be necessary. The Joint Meeting of the Eag0:;:City..C,vpn0.1 and the Eagan Advisory Planning Commission was adjourned:::at 7;: 0 ; m MIWIES OF A REGULAR MEETING EAGAN:WPORYPTONING:COMMISSION MAY 26, 1988 A Regular Meeting of til.::F,agan Advisory Planning Commission was held on Thursday, May 26, 1988, ag'7:00 p.A. at the Eagan Municipal Center. Present were Chairman Pawlen0:, Membks Voracek, Miller, Graves, Wilkins, Merkley and Trygg. Absent 1,140.rnembeParry. Also present were City Planner Dale Runkle, Assistant Planner Jim Sturm, Assistant City Engineer Mike Foertsch and Assistant City At.torney 1ik Dougherty. AGENDA Item E of the Agenda, Galaxie Cliff Plaza - Cliff Plaza Partnership, was continued. The matter will be discussed in general terms only. The Waiver of Plat will be discussed. A publ#:*aring must take place before any detailed discussion by the PlanningP4#iision can take place. Item A of the Agenda, TOSportatiWPlan - City of Eagan, was discussed at the Joint Meeting of the Eago:f.a.ty Caincil and the Eagan Advisory Planning Commission which took place imth6dia4y...Txpceding this meeting. Voracek moved, Trygg seconded, the motioit to approve the Agenda with the deletion of Item E and Item A. All voted in favor. MINUTES Approval of the May 24th, 1.98:Jninucqp..was continued to the next scheduled Planning *** SAFARI ESTATES::.4tH ADDITION - FORTUNE REALTY, INC. The first public hearingi:.0g...t.fo.t.pnl_11&.was convened by Chairman Pawlenty in regard to the ret0iWig*:...iiAmgkAgricultural) -acres to an E (Estates) district and prelirtiiiiair•firat'fo.f..3I SF (Single Family) lots located west of Safari Pass and east of Highway 35E in the Southeast Quarter of Section 31. Voracek questioned if tO0e could be a Waiver of Plat on the two outlots. Staff responded positively. Mr. Watske wants to waiv the ct the new platting. Merkley expressed concerns regarding the erosion problems. The City Planner sees no problems reg4ding erosion. Trygg moved, Wilkins seconded, the motion to approve the rezoning of 24.8 A (agricultural) acres to an E (estates) district. All voted in favor. Trygg moved, Wilkins seppinded, the motion to approve the preliminary plat for 31 single family la:locae:ed west of Safari Pass and east of Highway 35E in the Southeast4larterOf Section 31, subject to the following conditions: 1. These standards con4W16:0cpw:40roval as adopted by Council action on September 15, 1987.;''Sffaill5e*:.:e. tied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C5, D1, El, Fl, and Gl. 2. Lots 5, 6, 21, 22 and 23, Block 1 and Lot 9, Block 2, shall be modified to meet Estate minimum width requirements at the 30 foot setback line. 3. The outlots within the:::W4i* Addition shall be final platted separately as the Safari 4th*dOion or..:Olis plat including them shall be renamed Safari 4th Addition. 4. The development is required t.61 -04e emergency overland drainage routes for the low point in the proposed roa&jay to Pond AP -17 and for the landlocked low area in the area Lot 4, Block 2. 5. The development is required to provide at least 2 feet of elevation freeboard for proposed walk out levels and the highest elevation of the emergency overland drainage 6. An access easement fi*.:Main60ce personnel is required for public , utility lines not contained within public right-of-way. KINGS W000:m..ApittIoN...,....JAMES HORNE Chairman Pawlenty then COrivened 06fic hearing in regard to the application for a comprehensive guide plan amendment and rezoning of 52.8 agricultural acres to a mixed use planned development district consisting of 41.5 R-1 (single family) acres and two outlots for future development with General Business and R-3 (towdesignations located between Pilot Knob Road and Highway 35E4giOti:::.6fAiwood Drive in the Northeast Quarter of Section 21. Applicant Jim Horne presepted the proposal to the Commission and asked for approval of the Con)prhensiw GwiOlen Amendment, a Rezoning and a Preliminary Plat. Chairman Pawlenty stated he has concerns with the General Business designation and also with tt :access off of Pilot Knob Road. Graves stated he has coi xerns.: with...the. _General Business use designation being situated between two i e— iily>s :btvisions. Miller expressed reservations with the General Business designation and questioned what would haFen if Mr. Horne died. He stated that someone could then come in with a two-story bowling alley if the General Business designation was approved. Voracek stated he has concerns regarding Outlot C and suggested possible compromises, for ex;iple, a.stipulation inserted regarding limited use. Mr. Voracek aLssti:propQsad a condition regarding the townhomes and stated that if property :t the r th becomes single-family dwelling, these proposed townhomes would then::lcome single-family dwellings also. Wilkins suggested contini ;nig t ten t ithe June 21st, 1988 Planning Commission meeting. Chairman Pawlenty asked for Mr. Horne's response regarding the continuance. Mr. Horne stated he would be very reluctant to change his plan. Graves moved, Wilkins seconded, th.:.mbi .©n to deny the application for the Comprehensive Guide Plan Arn eriC a Rezoning and a Preliminary Plat of 52.8 agricultural acres tp.::a:; cd:: ised Planned Development District consisting of 41.5 single-faaly`acres a#d two outlots for future development with General Business and Townhoiiis ::deli iations located between Pilot Knob Road and Highway 35E north of Deei' oe i:::D ve.,.in the Northeast Quarter of Section 21. All voted in favor. SOLDERHOLM ADDITION - EAGLE ENTERPRISES The next public hearing of the evening convened by Chairman Pawlenty was in regard to the application of a Comprehensive Guide Plan Amendment (Rezoning) of 4.52 R-4 (multiple.}:::ares witbin the Lexington South Planned Development to a LB (1i mite d bti mess). district and a Preliminary Plat containing three lots located at::the Northwest intersection of Lexington Avenue and Diffley'toad in'tfie Southwest Quarter of Section 23. Denny Griswold, landscaWmi,h4presented the proposed development to the Commission. He stated:: that ::Ot€::has been working with him the past several months regarding the possible land use change as well as with the County regarding the potential access points on to Lexington Avenue and Diffley Road. Before any final site related issues can be resolved, the issue of the zoning change must be addressed. Jim Haglund, representative of the church land north of the Towers, stated he is concerned aboutie access. When Lexington Hills was approved, he stated the access questio::taas a hot item. They do not want an opening from Lexington Hills on to thE;ir:::prropet tThey consider it their place of access. Brad Swenson, Tri-Land'POperties, stated he will be submitting a proposal for a medical build tig and a bank. He is concerned with fragmentation if there is development across the road from his property. Don Warkentine stated he is very concerned with the quality of construction in the area. Joe Grisnick stated he i ves acmes from the potential development. He voiced his support for th2:good tYi4:t Solderholm has done for the -- cocmunity.. Trygg questioned if them:46"al:d.'te: di3te users for the proposal. Griswold stated there will be definite users. Voracek expressed a concern regarding the gas station. The gas station use has been ruled out. Graves stated he has concerns with the access and the increase in the activity in the inter:.sections. Wilkins questioned too much._ for it. Merkley questioned if it ti/la' over multiple zoning districts. siness zoning and the necessity .ter...to have limited business districts Voracek questioned if this rezoning was the answer to the problem, particularly for the use of this parcel. He is not quite sure what to do with this parcel. He is of the opinion that this parcel must have some type of access off of Lexington Way and that access is not being proposed. Del Einess, developer, prop40: aeces:::thanges. Chairman Pawlenty was hesitant regarding the ac ess %8iirl:: i e and stated he felt that was not the problem but that the access:itse]i. as the problem. Miller questioned whethatthey may be creating a use by changing it to limited business from a mut 1pl ..: csri.In.g ause it may be unworkable in a multiple zoning. Voracek moved, Merkley seconded, the motion to approve the Planned Development Amendment regarding Solderholm Addition. Miller, Pawlenty, Voracek, Merkley, and Graves voted iq..:favor; Wilkins and Trygg voted against. Voracek moved, Merkley stcided, the motion to approve the Rezoning of 4.52 R-4 (multiple) acres within the Lexiriton South Planned Development to a LB (limited business) dis:Grict. Miller;:::: ?awlenty, Voracek, Merkley and Graves voted in favor; WLT; ;.t),s:..#.pct T 'ygg Voted against. Voracek moved, Merkley seconded, the motion to approve the application for a Preliminary Plat containing 3 lots, located at the Northwest intersection of Lexington Avenue and Diffley Road in the Southwest Quarter of Section 23, subject to the following conditions: -4- 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987:;;shall be complied with: Al, B1, B2, B3, Cl, C2, C5, D1, El, F1, and Gl. 2. Each lot shall be Advisory Planning Commission and the City Council prior t o.:::the issuance of a building permit. 3. The existing access onto Diffley Road shall be removed at the time the first lot develops. 4. The development is required to provide sanitary sewer, storm sewer and water service to J:: : proposed platted lots. 5. Access locations t4:: :exingto Avenue and Diffley Road, agreed upon by the County for all properties adjacent to the proposed development as well as the proposed development,,..are required prior to any development being allowed to continue. Miller, Pawlenty, Voracek, Merkley and Graves voted in favor; Wilkins and Trygg voted against. GALAXIE CLIFF PLAZA - CLIFF PLAZA PARTNERSHIP The next public hearing convened::. b M ''Pawlenty was in regard to the application of Cliff Plaza Partihp'"rOgarding the Rezoning and Preliminary Plat of 25.36 agricultural are':to a Primed Development District consisting of one lot for an office buildxng::aith tide remaining area for future development located south of Cliff Road, west' -of::. 14xie..Avenue and east of 35E in the Northwest Quarter of Section 32. Chaiiiifati::: 0lenty stated the Commission would be discussing the matter in general terms only. In particular, the Waiver of Plat. Sturm updated the Commission on the background material concerning the project. He stated the community/neighborhood sentiment is to not change the present land use Tom Klein, 4580 Blackhawl Road, vtif'ced his concern that the value of his property will be impacted by t'i'le development of the north 2.5 acres He stated it is okay to use tie limited business as a "buffer" between the residential and commerci 3 : and.• that...a.; Qadside business designation contravenes this goal. He eiid© el_.:Xim fie :::business zoning throughout. Victor Twadell stated he is concerned about fragmentation and wants a complete plan in the vicinity conducive to the neighborhood unity. Kim Johnson, 1834 Karis Way.,.:;s:::4:sPd to adding the RB zoning and is also opposed to the plat. H :-:;air*:40 c rn was the traffic increase in the area to Cliff Road. Ski tated she': at Cliff Road would become another County Road 42. She woes not feel e proposal is in the best interest of the residents orthe City. -5- Mary Winchester, 1830 Karis Way, suggested neighborhood committees to work out a compromise. StiOifelt that by working together, a solution could be found. John Ulness, 4715 West Wr8 riI, stted his concern is with dumpers. He felt the develcietgloli;e8ilwithout the City Planner's permission. He stated they 00y be just moving dirt, which is okay, provided they have a permit. Jim Kohl, 4732 Ridge Wind Trail, stated the guide plan is not in sync. He stated the area should be zoned all residential. Peggy Hauser, 4836 Skr4Ow Court, stated the neighborhood did not need further problems; there. were enough problems already with Cliff Lakes. Scott and Kari Scheuvilpr.,:.4.7.4,1g-rp, Court, stated they too are very concerned with the traf.g.W.40a*:.-the area. Kim Kreuger, 4835 Skyview Court, stated she was concerned with the traffic speeders. She felt the Commission should gear the area toward residential use. Graves stated he initially was ve.ry.:::e04rtable with the plan. However, now he is concerned with..0000016 congestion and for the safety of the residents in tw::riagbboth::: Voracek stated the CommissIPAa'concentrate on the Waiver of the Plat. Mr. Swenson needs the-WAWa*:.:0p Plat in order to obtain clear title to the property. He stated'di44s what the Commission should deal with at this meeting. Voracek moved, Graves seconded, the motion to approve the Waiver of Plat for 4.8 acres. All voted in favor. Wilkins moved, Trygg secoP404hhepp4ol!I to adjourn the meeting. Runkle stated there was one moo.Wi640.00fieigenda for the May 26th, 1988 meeting. The item was contiO0 from the May 24th, 1988 meeting. Item F of the May 24th, 1988 Agenda;'6rdinati66 Amendment - City of Eagan, was to be discussed at this meetingOlie stated an amendment to Chapter 13 was necessary. The change couldNAp....a.i.:ftPP.7q4ge system: (1) preliminary plat; (2) technical review; 461.33.alfiWgaK approval. He stated he would work on a memorandum for the Commission's review and consideration in the drafting of the ordinance form. Mr. Runkle suggested the item be on the June Planning Commission Agenda. -6- Wilkins withdrew her moan to adjourn the meeting. Voracek moved, Wilkins::$00P00i*:!.900-on to continue Item F of the May 24th, 1988 Agenda;i::.0idliii4ti:Acildinent - City of Eagan to the June Planning Commission.:Ipeeting. All voted in favor. AaJouRnENT Graves moved, Merkley seconded,the motion to adjourn the meeting at 11:40 p.m. All voted yes. - APC .....:...-....:::::::::::•:•••••:•:•:.