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10/18/1988 - City Council Regular
Due to School Bond Elections in Districts 191, 196 & 197, The Following Items Will Be Discussed But Formal Action Will Not Be Taken Until Polls Close At 8:00 P.M. AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 18, 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. PUBLIC WORKS DEPARTMENT 1 1. Revise and Renew Contractual Snow Removal Agreement (1988-1989) 3 2. Stop Sign Petition, Dodd Road at Farm Road , .7 3. Stop Sign Petition, Covington Lane at West Beacon Hill Road /Z 4. Approve Contractual Sewer Televising/Repair Agreement (1988-1989) 1 7 : ) , j3 B. PARKS AND RECREATION DEPARTMENT 1. Condemnation of Lillian McCarthy House �a C. COMMUNITY DEVELOPMENT DEPARTMENT 1. Selection of Community Development Director IV. 6:55 - CONSENT AGENDA (BLUE) �•/5 A. PERSONNEL Items .2-0 B . LICENSES, Plumbers .2-0C. LICENSE, Cigarette, Cub Foods/Cliff Lake Centre .2CD D. PLANNED DEVELOPMENT AGREEMENT, Galaxie Cliff Plaza 3'5E. CONTRACT 88-4, Approve Change Order #1 (Well House #10) 55F. CONTRACT 88-37, Receive Bids Award Contract (GESCO & Cutter's Ridge - Utilities) CONTRACT 88-23, Approve Change Order #1 (Cliff Lake Center - Streets) CONTRACT 87-26, Approve Change Order #3 (Wescott Road - Streets) CONTRACT 88-16, Approve Change Order #1 (Lexington Square - Storm Sewer) CONTRACT 88-01, Approve Change Order #3 (Fire Station #5) VACATE, Public Right -of -Way, Receive Petition/Order Public Hearing (Appollo Road) 7,57 G. v.37 H. .3$ I. zit J. K. V. 7:00 - PUBLIC HEARINGS (SALMON) �.42 A. PROJECT 455, Deerwood Drive - Parcel 10-02100-010-07, Continued from October 6, 1988 City Council Meeting /.112 B. PROJECT 455, Deerwood Drive - Parcel 10-02100-010-08, Continued from October 6, 1988 City Council Meeting Z C. PROJECT 455, Deerwood Drive - Parcel 10-02100-011-77, Continued from October 6, 1988 City Council Meeting T.:714DE: VACATION, Sanitary Sewer Easement - Stoney Point PROJECT 554, General Electric Supply Co. - Storm Sewer VI. OLD BUSINESS (ORCHID) �.�s A. CONSIDER Award of Contract 88-35 (Stratford Oaks & Hidden Valley) COMPREHENSIVE GUIDE PLAN AMENDMENT, Lexington Land Company, and a REZONING of 57 R-3 (Townhouse) Acres to a Planned Development District Located South of the Bulk Mail Facility Along Lexington Avenue in the SE 1/4 of Sectionl0 03c. REQUEST to Amend 8-16-88 City Council Minutes Regarding Blackhawk Plaza Median Cut/Stalland and Stalland 1'1 D. APPROVE Final Plat, Bur Oak 2nd Addition E. PETITION, Stop Sign Petition, Beaver Dam Road at Bear Path Trail VII. NEW BUSINESS (TAN) 2S A. LIQUOR LICENSE RENEWALS (03B. APPROVAL of Dakota County Landfill Abatement Funding Application VARIANCE, Don Stevens Inc., for Parking Spaces/Setback Requirements Along P Center Court for Proposed Building Located at Lt 12, Block 5, Eagandale Center Industrial Addition (7,)..� D. VARIANCE, Dale E. Johnson, 5' Variance to Side Yard Setback on Lot 14, Block 3, Woodlands Addition k3E. VARIANCE, Best Brands, Inc., 8' Variance to 40' Height Limitation in Limited Industrial District, SE 1/4 of Section 8. 3SF. VARIANCE, Glen Pond Estates - Larry Wenzel, 10' Variance to the 10' Setback Requirement for Advertising Signs \') \G. SPECIAL PERMIT, William Stassen, Temporary Parking of Mobile Home in an 2 Agricultural District from April 1, 1989 to October 31, 1989 (Renewal) 4-3H. CONDITIONAL USE PERMIT, Pizza Hut, to Allow On -Sale Liquor, 3.2 Beer or Wine "r7. in a CSC (Community Shopping Center) District for Lot 1, Block 1, Town Centre 70 Ninth Addition Located along Town Centre Drive in the NW 1/4 of Section 15 ((rt��I. CONDITIONAL USE PERMIT, Eagan Center Association, to Allow On -Sale Liquor, 3.2 Beer or Wine in a CSC (Community Shopping Center) District for Lot 3, Block 1, Thomas Lake Center Addition Located on Cliff Road at Thomas Lake Road in the SW 1/4 of Section 28 153J CONDITIONAL USE PERMIT, Superior Paint and Collision, to Allow a Pylon Sign 1 Qon Lot 1, Block 1, Barton-McGray Addition along Cedarview Road in the NE 1/4 of Section 19 Li K. CONDITIONAL USE PERMIT, Proex Photo Systems, to Allow a Drop-Off/Drive Thru P,S ' Facility in the Cedar Cliff Commercial Park 4th Addition Located between Scott Trail and Cliff Drive North of Cliff Road in the SE 1/4 of Section 30 CONDITIONAL USE PERMIT, Opus Corporation/Dart Transit, to Allow Outside Storage in an LI (Light Industrial) District, a Pylon Sign and a Variance for a Building Setback on Lots 1 - 10, Block 1, Eagandale Center Industrial Park #3, and Lots 2-5, Block 1, Eagandale Center Industrial Park #4 Located Along Apollo Road in the NE1/4 of Section 11 VIII. ADDITIONAL ITEMS (GOLD) ?•((ol A. REVIEW City -Wide Trail Maintenance Policy IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 13, 1988 SUBJECT: AGENDA INFORMATION, OCTOBER 18, 1988 CITY COUNCIL MEETING ADOPT AGENDA APPROVE MINUTES After approval is given to the October 18, 1988 agenda and regular minutes for the October 6, 1988 City Council meeting, the following items are in order for consideration. A. PUBLIC WORKS DEPARTMENT Item 1. Revise and Renew Contractual Snow Removal Agreement (1988 -89) --In order to accomplish the snow removal operations for the 1988-89 season to the same level of service provided to the community in past years, it will be necessary to renew last years snow removal agreement to contractually retain the services of Bituminous Roadways to provide two snowplow trucks with operators for a mainline route and a front end loader for a cul-de-sac route defined by the area enclosed on page • This firm will also provide an additional road grader with plow if necessary. Past performance by Bituminous Roadways during the 1987-88 snow removal season resulted in a level of service comparable to other city's snow plow routes. However, the contractor has requested that the previous agreement be revised to provide a $10 per hour premium for all hours worked on Sundays and holidays of Thanksgiving, Christmas and New Years Day due to the contractor's requirement to provide premium overtime pay according to their union contract. The Director of Public Works and Superintendent of Streets/Equipment recommend that the contractual snow removal agreement be approved as revised for the 1988-89 season. ACTION TO BE CONSIDERED ON THIS ITEM: To revise and renew the contractual snow removal agreement with Bituminous Roadways for the 1988-89 season and authorize the Mayor and City Clerk to execute all related documents. 414 'Ou .• I - T AMAN AC Pr 2- bilrCri IT 3- taifsiAll Y r. 4 - f Orrtsi Mit3GE Tidt:".fl -liduilvdUCA.1 LN. V .- mciivo0(.4 PT I - 4rou.s.t. V r . WrIttli4 .. . . . .. - 0000LE ' - -. jion_ ..:, 1 Ca -il q140-711- 12 r- 9 CENTdit -34 z • 1111e.J c -p5 sir yA•., Veel (-6 c/11 , CArati.r. . n•Oloko w1 I+ 4,-, Agenda Information Memo October 18, 1988, City Council Meeting Item 2. Stop Sign Petition - Dodd Road @ Farm Road --The staff has received a petition for the installation of a 3 -way stop sign at the iyitersection of Dodd Road and Farm Road. Enclosed on pages 4 through 7 is a copy of the petition noting the property owners' iodation to the requested stop sign installation. The Manual On Uniform Traffic Control Devices does not recommend the installation of stop signs for speed control. Also, the traffic volumes through this intersection do not warrant the installation of a 3 -way stop sign. The sight distances to the north of this intersection are very minimal (50'-75'). The installation of stop signs at this intersection would not appear to have an adverse impact on traffic circulation in this area. The initiator of the petition has been informed that this item will be considered by the Council on October 18. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of a 3 -way stop sign at the intersection of Dodd Road with Farm Road. 3 PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to FOR CITY USE ONLY Date Received To Council Approved /0 install stop signs on pl f\J c,H+)6 L ( Dc_dde Scu fkbo A Ctd at the intersection with _ be Cat `-Ctkr Fv. Rd( . I/We, request this installation for the following reasons: Foortv, Rd 1. i o 'rQcLC-e. -4 c speed Oedd Tb .irc< -E' L or D odd 2. 3 . l O Q-1. P.v.Tt 4. tip t= c r ca re- y t Pecaes:tri o', O k Kes i korses rc&cl becuLae+n 5 lay .sz5Lis (LcuaevcAS o{- tcc14 Fwty" (2. (-4%.11 ` it,\,ok I/We request that the City Council take this petition request under cons_Lderation at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) 1. Priv t,9 1- I o nn 2. 3. 4.. ADDRESS Gu sotil 14 1.V-, �srz'Z n odc( loci. qoP /S/ti VP 6, L uci)a-c. 4-171 S 72„t^ce`t (7zi 5. 15-n 1- )-la_fhp /),7--,1(.777.', 0 6. t14 111.^P- Jitlit luta VE s -1x l 7. �l.r �/4-�f �i�*� J /76)( 164 M aU ki •,r) Lade �7. I< i 8. /� •.�i. ! r9.miri r 10. L/7)5 ,19-e-eLtk c7/7 75-114/ a. ( 7�? (Lai. . /3 J�cA/?2 y 710 L -c/d t�� 1-ifU C•7; 13L -c 11, A/ ot C?Yr3uc/\ 144— Th- ,/?al (2,7 5" a7 /2c1 q& -a) car. LJ 4/Pi 1-9\ 13coloc (Jc- PETITIONING PARCELS • PROPOSED STOP SIGN Agenda Information Memo October 18, 1988, City Council Meeting Item 3. Stop Sign Petition, Covington Lane @ West Beacon Hill Road --The staff has received a petition requesting the installation of stop signs on Covington Lane at its intersection with West Beacon Hill Road. Enclosed on pages through /7 is a cover letter, petition and location map referencing the property owners to the requested intersection. The Manual On Uniform Traffic Control Devices does not recommend the installation of stop signs for speed control. There presently exists a stop sign on Covington Lane at the intersection of Penkwe Circle approximately 750' to the west. Sight distance of approximately 250-300' to the east presently exists. Although existing traffic volumes do not warrant the upgrading of this intersection to a four-way stop, the future development of the Brittany Additions will continue to add additional traffic through this intersection. Covington Lane has been designated as a neighborhood collector providing efficient traffic flow from this internal residential area to Johnny Cake Ridge Road. A 5' concrete sidewalk presently exists along the north side of Covington Lane for pedestrian movement. The initiator of the petition has been informed that this request is being presented to the City Council on October l8th. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of stop signs on Covington Lane at its intersection with West Beacon Hill Road. PP' September 28. 1988 Jill Foreman City Hall 3830 Pilot Knob Road Eagan. Minnesota 55822 Dear Jill: Thank you tor your help concerning the stop sign petition process. I have enclosed the petition reauestina a stop sign on Covington Lane as it intersects Beacon Hill Road. think there are two intersections of Covington and Beacon Hill. however. The petition is concerned about the one close to my house (1627 Covington Lane). Please notify me on how I can continue the stop sign reauesc process. Thank you for your help. Jill. Sincerely. Ann Uzendoski 1627 Covington Lane Eagan. MN 55122 452-0266 FOR CITY USE ONLY Date Received To Council Approved PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Covington Lane at tae intersection with Beacon Hill I/We, request this installation for the following reasons: To slow down traffic because: 1. there is increased traffic on Covington from the new additions 9 and 10 of Brittanny Development. 2. there is a growing number of inexperienced young drivers .in the neighborhood. 3. there is an increasing number of young children in the neighborhood. 4. there is a curve on Covington just east of Beacon Hill' Road which reduces visibility. I/We request that the City Council take this petition request under cons".deration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. RLP -L-9 NAME (Please print and initial) ADDRESS 1-0-' / -p/J- / i .-? • / Ln-} I P 1. (%-7,7----7 � . ��� j �n�� 3/ /:'4. T''./i //1. E�a7i/ 61 2 f 3. A _4../ ii9.0 WA, r k,.( c`' !A 7 ti 13 I ,vim, l� .,..„,\,.._�,� y 5. p0 n GJou1 9--, %/cc 'i /,; Lc� i �= 1.L( , r : R) 6 u. 6 ,,� iJf 97id icz Cn i L Lci 3 r 47; 4.71 Jo 1 /1'0'e <<+ r;S/rlal 2 r', vhf G: u f � z, 77)(w Y PLEASE TURN OVER --MORE SIGNATURES ON BACK 9 / / . )Zr? / Ci. , I -.- . 0.2.---- / .1 x,e4-e,/ / .e Zra/Y1--2, t‘(1.4 -7/1.1'-t-7,7- 00;7- - 9 • (r 7,0 Q4 2+ G-i)r ori 17 /-_..(2/Or e.-1 L7L 75 7 Sr -r\ flC --"`"4?-0t.1( L.c1 - fi 7C Y • './fr, 1 1/i c7r- /1_2/ -;i24-7meroi, c>7620,44..c, pL /Y -,`k • , / ("1 %LCkJ 7:: I , _ )3, ._ / 11'75 I ;;1,. j -V, 2 1/14/1 11 /I CX _77 .17. '''-•-•/"" / 7 ,__, Lc 3L 'J T\ (-'j c: 62)(7, • .43 2c- Wiv-4 (Howie. Icier) 75./Z/2 -v-4 -?2/ t,A) , •••• t. • . r • .4D I/. V7\ ‘•/ c 0 gl-ece.<11.--. P 77 -z • Awe Agenda Information Memo October 18, 1988, City Council Meeting APPROVE CONTRACTUAL SEWER TELEVISING Item 4. Approve Contractual Sewer Televising/Repair Agreement (1988 -1989) --As a part of the Public Works Utility Maintenance Division'songoing program for maintaining the sanitary and storm sewer collection system, it is necessary to televise the inside of these sewer lines to determine the exact location and type of corrective action necessary, if at all. In order to maintain uniformity of evaluation and availability of service, the Public Works Director is recommending that the Council approve a Sewer Collection System Maintenance Agreement for 1988 and 1989 (two years). This will be the same work that has been performed in the past on a case by case basis. However, with the commitment of greater quantities over a two year planned program, the City is able to obtain more economical rates and better service. This agreement covers four basic areas of contractural services: 1. Internal television inspection. 2. Root removal. 3. Chemical sealing and testing. 4. Cleaning. At the present time, the City has the manpower and equipment necessary to handle all cleaning. This fourth item would be used as a backup service if the City is not able to handle the required work load at a particular time. The other three items have been performed for the City in the past on a direct solicitation basis at higher prices. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1988-89 Sewer Collection System Maintenance Agreement with Visu Sewer Clean and Seal Inc. and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo October 18, 1988, City Council Meeting B. PARKS AND RECREATION DEPARTMENT: Item 1. Condemnation of the Lillian McCarthy House --The Advisory Parks and Recreation Commission is recommending to the City Council action that would condemn the Lillian McCarthy property on Lexington Avenue in order for that property to be included as a part of Patrick Eagan Park. The City has designated this particular parcel for acquisition into Patrick Eagan Park since 1983. Enclosed on pages / through %7 is a copy of a memo from the Director of Parks and Recreation that outlines reasons for the acquisition. ACTION TO BE CONSIDERED ON THIS ITEM: To 1) not pursue acquisition at this time or 2) begin condemnation proceedings while seeking a settlement on acquisition by negotiation. L3 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: OCTOBER 12, 1988 SUBJECT: LILLIAN MC CARTHY PROPERTY - PATRICK EAGAN PARK ISSUE To approve/disapprove of the staff recommendation, which was endorsed by the Advisory Parks & Recreation Commission to proceed with condemnation of the Lillian Mc Carthy property on Lexington Avenue, in order that it could be included into Patrick Eagan Park. BACKGROUND For background on this issue, please refer to the attached memo prepared for the Parks & Recreation Advisory Commission meeting. The Advisory Commission endorsed staff's recommendation to proceed with condemnation, but wish to make clear that they want Mrs. McCarthy to be able stay in her home as part of a "life estate". The City has designated this particular parcel for acquisition into Patrick Eagan Park since 1983. Recent efforts by the County and City Engineering Departments to acquire permanent roadway easements for Lexington Avenue and temporary construction easements for storm sewer pipe brought into focus the potential for acquisition for the entire parcel at this time. If members of the City Council have any particular questions concerning this item, I would be most happy to respond. KV/bls MEMORANDUM TO: ADVISORY PARKS & RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 29, 1988 RE: LILLIAN MCCARTHY PROPERTY BACKGROUND This City has previously identified the 3.5 acre parcel owned by Lillian McCarthy on Lexington Avenue and adjacent to Patrick Eagan Park for acquisition. Approximately two years ago Mrs McCarthy considered selling her property, but then decided against it. Recently the City and County have attempted to negotiate a temporary easement for storm sewer work and a permanent road right-of-way for planned expansion of Lexington Avenue. The City Attorney and Director of Parks & Recreation recently met with Mrs. McCarthy's attorney and daughter to discuss sale of the parcel to the City, with an agreement allowing Mrs. McCarthy to remain in her house. Recently, through her attorney, she decided not to sell the property. ISSUE Given the fact that Mrs. McCarthy is seeking some $48,000 for temporary road easements of approximately 40,000 square feet for temporary and 13,500 square feet for permanent; the department has considered trying to gain the parcel through condemnation, and in effect pool the cost for acquisition between the Engineering, County and Parks & Recreation Departments. (See attachment for easements) DISCUSSION The City and County have been in negotiations, and are in process of condemnation for the needed easement and right-of-way for the above mentioned projects. As mentioned, the cost for this is $48,000. Again, this is for both a temporary and permanent taking of property. It appears the department has several options, one of which is not to pursue acquisition at this time, preferring to wait until some future time. Or, on 1 3q. Mrs. McCarthy's demise attempt to negotiate acquisition of the property with the heirs of the estate. Another consideration might be to initiate condemnation actions on the entire parcel, in hopes that Mrs. McCarthy would reconsider selling, with the right to stay on in her home. However. the City must be prepared to follow through with the condemnation action should one be started, if there is no attempt on Mrs. McCarthy's part to negotiate. The Commission should also understand that condemnation actions can be expensive. It is certainly not the desire of staff to acquire the property only to dislodge Mrs. McCarthy from her home. At the same time, we must look at this as an opportunity to acquire the property; it will only become more expensive in the future and possibly as difficult to acquire from her heirs as from Mrs. McCarthy today. Further, the City will be paying for a temporary easement, only to pay again at the time of acquisition. It would be more feasible to join with the County, Engineering and Parks funding to acquire the entire parcel at one time, rather than piece meal over the years. RECOMMENDATION Staff's recommendation is that we direct the City Attorney's office to begin condemnation proceeding in conjunction with the Engineering Department and County Highway Department, for the entire three and a half (3-1/2) acre parcel. Further, the City should be prepared to negotiate at any time with Mrs. McCarthy providing for a life estate - allowing her to stay and reside in her home. FOR COMMISSION ACTION To recommend to the City Council a course of action in the accuisition of the Lillian McCarthy property. These options include: 1. Not pursue acquisition at this time. 2. Begin condemnation proceedings, while seeking a settlement on acquisition by negotiations. KV/bls 2 G - 3S �1 aJ11;'.0 `S 3 1 H1_a(`.H'] liti::Nli.,1 031. I1tV1 __ 1V,��'V �J 3.11 • Agenda Information Memo October 18, 1988, City Council Meeting C. COMMUNITY DEVELOPMENT DEPARTMENT: Item 1. Community Development Director --Generally those positions that are recommended for hiring by the City Administrator that do not involve any interviews by the City Council are handled under personnel. Key department head positions and the position of City Administrator, due to the nature of the positions, are the direct responsibility of the City Council. Therefore, the position of Community Development Director and future departmental positions will be placed under Department Head Business as an action item. One -hundred twenty-eight applications were received for this position. The applications were thoroughly screened and twelve candidates were interviewed at the Eagan Municipal Center on Tuesday, October 4. The interview panel consisted of the City Administrator from Minnetonka, an ex -Community Development Director from a neighboring community, City Councilmember McCrea, City Administrator Hedges and Administrative Assistant Duffy. The panel narrowed the field of candidates down to a final four who were then interviewed by the Mayor and City Council on Tuesday, October 11. No decision was made at that time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a Community Development Director (recommendation of a specific candidate will be presented at the City Council meeting). Agenda Information Memo October 18, 1988, City Council Meeting CONSENT AGENDA There are eleven (11) 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. Police Officer -- An additional police officer position to begin November 1, 1988 was authorized in the 1988 budget. It is the recommendation of Chief of Police Berthe that Jon Moldstad, who is currently a Community Service Officer with the department, be hired to fill the new Police Officer position. Moldstad was originally selected for his CSO position from a field of over 70 applicants in January of this year. He is eligible to be licensed under the Police Officer's Standard and Training (POST) Board. Moldstad has successfully completed the City's physical and psychological examination requirements for this position. If the hiring of Moldstad is approved, authorization should be given to fill the vacant CSO position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jon Moldstad as a Police Officer as of November 1, 1988 and to authorize the filling of the vacant CSO position. Item 2. Fall Seasonal Utility Maintenance Worker (Sewers) -- It is the recommendation of Superintendent of Utilities Connolly that Darold Pitkin be hired as a seasonal utility maintenance worker in the sewer section of the utilities division. There is adequate funding in the 1988 budget to cover this position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Darold Pitkin as a fall seasonal utility maintenance worker in the sewer section. CDS Agenda Information Memo October 18, 1988, City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses --There are five (5) plumbers licenses that are in order for consideration. All five (5) have complied with City Code provisions regarding licensing requirements. Those companies requesting a license are as follows: 1. Janecky Plumbing 2. Loop Belden Porter, Inc. 3. Nova -Frost, Inc. 4. Swanson and Schiager Plumbing 5. Westonka Mechanical Contractors, Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve all five (5) plumbers licenses as presented. CIGARETTE LICENSE/CUB FOODS/CLIFF LAKE CENTRE C. Cigarette License for Cub Foods/Cliff Lake Centre --An application for a cigarette license for the new Cub Foods store located at 1940 Cliff Lake Road has been received and is in order for consideration. For a copy of the application, refer to an enclosure that is provided without page number. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the cigarette license for Cub Foods. PD AGREEMENT/GALAXIE CLIFF PLAZA D. Planned Development Agreement for Galaxie Cliff Plaza Project --At the September 6, 1988 City Council meeting action was taken to approve the preliminary plat on 2.7 acres of the Galaxie Cliff Addition and designate the entire 25.36 acre site as a planned development district. The City Council requested that a planned development agreement be drafted and submitted for its approval. Attached on pages c2/ through (-i/ is a copy of the planned development agreement for Council review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the planned development agreement as presented. c;.2 PLANNED DEVELOPMENT AGREEMENT GALAXIE CLIFF PLAZA ADDITION THIS AGREEMENT, made this day of , 1988, by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and GALAXIE CLIFF PLAZA PARTNERSHIP OF EAGAN, a Minnesota General Partnership, and WILLIAM SOULES, an individual (hereinafter the "Applicants"). RECITALS The Applicants have made application for rezoning of certain properties located at Galaxie Avenue and Cliff Road in the City of Eagan and legally described as set forth on Exhibit "A" from 25.36 acres of Agricultural to a Planned Development District with underlying LB (Limited Business) zoning and have submitted a preliminary development plan, (Exhibit "B" attached). This Agreement setting forth the conditions of development governing the property is part of the final development plan. It is the intention of the Applicants to construct this project consistent w:Lth the standards contained in this Agreement. The purpose of this Agreement is to set forth the zoning standards and conditions which will govern the development of the property to be constructed by the Applicants. It is intended to cover matters relating to compliance with the City's Planned Development Ordinance and not to address other issues of property subdivision, public improvements, assessments, or other matters that may be part of the process of development of the subject property, unless specifically set forth. This Agreement and the final development plan contemplate the use of the subject property as set forth on Exhibit "C" and it is understood that any change in the use of the subject property as set forth in Exhibit "C" would render this Agreement and the planned development void. Any proposed change in use of the subject property from the uses as set forth in Exhibit "C" will necessitate a change of plan or zoning or both. NOW, THEREFORE, in consideration of the mutual covenants stated herein, the parties agree as follows: 1. Obligations of the Applicants: The Applicants agree that they will develop the above described property in conformance with the Eagan City COde, with the development plan, and with the conditions attached thereto as listed in Exhibit "D" which is incorporated herein by reference. 2. Obligations of the City: The City hereby approves the development plan subject to the conditions as set forth in Exhibit and further agrees to cooperate in the approval of any site plan and final plats as may be necessary to implement the approved development plan. The City reserves the right to object to any particular element of such plans or plats which it determines is contrary to the law, or the health, safety or general welfare of the citizens of the City. 3. Events of Default and Remedies: The term "events of default by the Applicants" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by either or both of the Applicants to observe or perform any covenant, condition, obligation or agreement on their part within thirty (30) days after written notice to the Applicants specifying the failure and requesting that it be remedied (or within such other period as the parties may agree in writing). (b) Failure by either or both of the Applicants to commence construction pursuant to the development plan within five (5) years of the date of this agreement. In that event, the event of default shall apply only to those improvements or structures on which construction has not commenced. The term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "event of c.efault" under this agreement. Whenever any event of default referred to in this section occurs, the City may take whatever action at law or in equity as may appear necessary or desirable to the City to enforce performance and observation of any obligations, agreements or covenants of the Applicants under this agreement. The City's remedies for default by an Applicant shall be taken only against the particular Applicant determined to be in default under this Agreement. Where the event of default is on a joint obligation of the Applicants, the City may exercise its remedies hereunder against either or both of the individual Applicants. The term "event of default by the City" shall mean, whenever it is used in this Agreement, (unless the context otherwise provides) a failure by the City to observe or perform any covenant, condition, obligation or agreement on its part within thirty (30) days after written notice to the City specifying the failure and requesting that it be remedied (or within such other period as the parties may agree in writing). The term "default" shall mean any event which would with the passage of time or giving of notice, or both, be in event of default under this Agreement. Whenever any event of default by the City occurs, the Applicants may take whatever action at law or in equity may appear necessary or desirable to the Applicants to enforce performance and observance of any obligations, agreements or covenant of the City under this Agreement. 4. Waiver of Claims: The Applicants expressly waive any claims against the City of Eagan or its employees or agents for actions taken in good faith in the exercise of the remedies for default specified above. 5. Notice & Demands: A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, and addressed to the party and its attorney at the addresses listed below. Either party may designate another address or attorney for receipt of notice under this section by designating in writing, and forwarding such writing, to the other party as provided in this section. In the case of the City, notices shall be mailed to City of Eagan, Attention: City Administrator, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, MN 55121. In the case of the Applicants, notices shall be mailed to: Brad Swenson Tri -Land Companies 1260 Yankee Doodle Road, Ste. 202 Eagan, MN 55121 William Soules 330 National City Bank Bldg 1809 So. Plymouth Road Minnetonka, MN 55343 6. Amendment: This Agreement may be amended in writing from time to time as the parties shall mutually agree. Furthermore, the plans, standards, stipulations, and other information constituting the development plan and conditions attached as Exhibit "D" may be amended upon application by the Applicants and approval of the City pursuant to Eagan City Code. Amendments to the development plan and conditions, once approved, shall become part of this Agreement, fully binding upon the parties, as if fully set forth herein. 7. Exhibits: The exhibits attached hereto and incorporated herein and made reference to are made a part of this agreement. The exhibits are: Exhibit A Legal Description Exhibit B Development Plan including sketch plan, major street plan, and preliminary plat Exhibit C Uses Exhibit D Conditions 8. Successors & Assigns: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9. Recording: This Agreement shall run with the subject land and may be recorded in the office of the Dakota County Recorder or Registrar of Titles. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF EAGAN A MINNESOTA MUNICIPAL CORPORATION BY: BY: VICTOR L. ELLISON ITS MAYOR E.J. VANOVERBEKE ITS CLERK BY: GALAXIE CLIFF PLAZA PARTNERSHIP OF EAGAN A MINNESOTA GENERAL PARTNERSHIP BY: BY: ITS ITS WILLIAM SOULES STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this day of , 1988, 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 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. NOTARY PUBLIC STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this day of , 1988, before me a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn to be partners of the Partnership named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said Partnership, and that said instrument was signed and sealed on behalf of said Partnership by said and and they acknowledged said instrument to be the free act and deed of the Partnership. NOTARY PUBLIC STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this day of , 1988, before me a Notary Public thin and for said County, personally appeared WILLIAM SOULES to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. NOTARY PUBLIC EXHIBET A: LEGAL DESCRIPTION That portion of the Northeast 1/4 of the Northwest 1/4 (NE 1/4 NW 1/4) and the Southeast 1/4 of the Northwest 1/4 (SE 1/4 NW 1/4), Section 32, Township 27, Range 23, bounded by Interstate 35E and County Road 32 (Cliff Road) on the North, and Galaxie Avenue on the East, South and West, Containing approximately 25 acres. cAi-ilbl 13: DEVELOPMENT [" PLAN PRELIMINARY PLAT/MAJOR STREET PLAN •1 7 4 AA\ I : 1 :':1:,•.______ —r----- —J L_ r „1r„ .v i , r [Yr s •ea`• 0 6 , -I 1 ,L 1r --w1 .� iii 4.2 201 ,M Lk) A1.01.• •.rN AssocKites „... ..... .... t-LAZ.A EAGAN. t.tINNESOTA SITE PLAN, DETAILS EXHIBIT B: DEVELOPMENT PLAN 1 z 1.; EXHIBIT C: USES Galaxy Cliff Plaza Addition Lot One (1), Block One (1), (2.75 gross acres) 22,000 square feet office Outlot Outlot Outlot Outlot Outlot Outlot Outlot Outlot A, B, C, D, E, F, G, H, (1.53 (1.45 (2.89 (2.00 (0.99 (0.75 gross gross gross gross gross gross acres) Limited acres) Limited acres) Limited acres) Limited acres) Limited acres) Limited Business Business Business Business Business Business (LB) uses (LB) uses (LB) uses (LB) uses (LB) uses (LB) uses (10.13 gross acres) Limited Business (LB) uses (1.69 gross acres) road EXHIBIT D: 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, B4, Cl, C2, C3, C4, C5, D1, El, F1 and Cl. 2. A Planned Development Agreement shall be entered into for a five-year period. 3. The trash shall be contained within the office building on Lot 1, Block 1, or be attached using the same materials as the office building. 4. All signage shall be subject to the one-time sign fee of $2.50 per square foot and other sign ordinance requirements. 5. All outlots shall be reviewed by the Advisory Planning Commission and the City Council. 6. The shared parking concept, parking up to the north property line on Lot 1, Block 1, shall be approved. 7. The overall design layout for Circulation Drive shall be approved as proposed on the preliminary plat. 8. All rooftop mechanical equipment shall be screened. 9. All sides of the buildings shall be treated architecturally with the same materials. 10. The parking lot layout for Lot 1, Block 1, shall be revised, having 18' -length stalls where curbing is provided. 11. All landscaping shall be compatible in size, specie, and quantity. Effort to save existing hardwood species shall be demonstrated wherever possible. 12. All site generated storm water runoff is required to be conveyed to Pond AP -14. 13. The developer is required to submit the detail plans and specifications for the proposed retaining wall construction for staff review and approval prior to final plat approval. 14. The site plan details of the proposed Lot 1, Block 1, development are subject to further review and requirements as a part of the final plat review process. 15. The developer agrees that the following uses will be prohibited in the Planned Development: radio/tv, outdoor storage, lodges, outdoor swimming pools, garden store, movie theatres and municipal -type buildings. 3� STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept 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. 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. 4. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Iwprovewents 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. Perwits 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. Approved: Revised: LTS42 STANDARD Advisory Planning Commission City Council August 25, 1987 September 15, 1987 Agenda information Memo October 18, 1988, City Council Meeting CHANGE ORDER #1/WELL HOUSE #10 E. Contract 88-4, Approve Change Order #1 (Well House #10) -- This Change Order consists of the following two parts: Part A: Remove the poor soils within the footing excavation and replace with compacted sand as directed by the soils engineer (add $1,729.22). Part B: Extra costs incurred to activate well ahead of schedule to meet emergency water supply requirements in June of 1988 (add $2,557.10). All costs associated with this Change Order will be the responsibility of the Water Supply and Storage Fund financed by connection fees. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 41 to Contract 88-4 (Well 410) in the amount of an additional $4,286.32 and authorize the Mayor and City Clerk to execute all related documents. AWARD CONTRACT/GESCO & CUTTER'S RIDGE F. Contract 88-37, (Receive Bids/Award Contract (GESCO & Cutter's Ridge -Utilities) --This contract combined the installation of storm sewer facilities to service the General Electric Supply Company (GESCO) along with sanitary sewer and storm sewer to service the Cutter's Ridge Addition from the north through Jim Horne's property. Enclosed on page is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the respective public hearings. All bids will be analyzed for accuracy and compliance with the bid proposal with the final recommendation being provided at the meeting on October 18th. Any problems associated with the easement and/or permit acquisition will be discussed as necessary at the October 18th meeting. Award of this contract should be subject to the approval of Project 554 (GESCO-Storm Sewer) scheduled under the public hearing of the October 18th agenda. A waiver of hearing and guaranty of costs have been submitted by all potentially affected property owners regarding Project 554. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-37 (GESCO & Cutter's Ridge -Utilities) and award the contract to the lowest responsible bidder. CUTTERS RIDGE UTILITY IMPROVEMENTS CITY PROJECT NO. 512 GENERAL ELECTRIC SUPPLY COMPANY CITY PROJECT NO. 554 CITY CONTRACT NO. 88-37 EAGAN, MINNESOTA BID TIME: 11:00 A.M. BID DATE: FRIDAY, OCTOBER 14, 1988 CONTRACTORS TOTAL BASE BID 1. S. J. Louis Const. $ 147,022.60 2. American Cont. Corp. 159,533.51 3. Glendale Cont., Inc. 162,575.75 4. Channel Const. 164,316.40 5. Nodland Const., Inc. 167,103.10 6. Richard Knutson 167,773.47 7. Burschville Const. 168,502.66 8. F. M. Frattalone 170,680.70 9. Orfei Cont., Inc. 173,136.56 10. A. P. Keller Const. 174,677.00 11. Brown & Cris, Inc. 178,169.05 12. Northdale Const. 179,313.10 13. 0 & P Contracting 190,110.00 LOW BID $ 147,022.60 FEASIBILITY REPORT ESTIMATE (F.R.) $ 242,340.00 ENGINEER'S ESTIMATE (E.E.) $ 220,000.00 % Over (+) Under (-) (F.R.) - 39% % Over (+) Under (-) (E.E.) - 33% _36 Agenda Information Memo October 18, 1988, City Council Meeting CONTRACT 88-23/APPROVE CHANGE ORDER #1/CLIFF LAKE CENTER G. Contract 88-23, Approve Change Order #1 (Cliff Lake Center - Streets) --In response to a written request from the developer of the Cliff Lake Center, this Change Order provides for the installation of top soil material within the boulevard area near the Cub Food Stores which was originally the requirement of the development proposal. This work will be 100% assessed back to the adjacent properties. It results in an additional $1,350. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 41 to Contract 88-23 (Cliff Lake Center -Streets) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 87-26/APPROVE CHANGE ORDER #3/WESCOTT ROAD H. Contract 87-26, Approve Change Order #3 (Wescott Road - Streets) --During the design of the upgrading and widening of Wescott Road, a DNR permit had to be obtained for the filling of Pond JP -19 on the south side of Wescott Road across from Woodlands Elementary School. Conditions of the permit required a steeper slope than originally requested which resulted in repeated stability problems and subsequent failure which destroyed the newly constructed trailway and threatened the integrity and stability of Wescott Road itself. This Change Order provides for the extension of the storm sewer outlet pipes into Pond JP -19 as well as constructing greater slope embankments and reconstruction of the trailway. The additional cost of $7,523.32 will be the responsibility of the major street fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order 43 to Contract 87-26 (Wescott Road -Streets) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo October 18, 1988, City Council Meeting CONTRACT 88-16/APPROVE CHANGE ORDER #1/LEXINGTON SQUARE I. Contract 88-16, Approve Change Order #1 (Lexington Square - Storm Sewer) --During the public hearing and neighborhood meetings with the affected residents of the Lexington Square development, it was proposed to handle the excessive surface water runoff collecting in the low point of Gibraltar Drive through an overland drainage swale to be constructed between two existing residential dwellings into the newly constructed storm sewer system. Enclosed on page ,:3`f is the original design of the proposed plan. During the construction of this overland drainage outlet, the excavation indicated that the final product would not be acceptable to the adjacent property owners and would result in a negative impact on the usability of their property. In restrospect, in lieu of trying to reduce the scone of the project resulting in this unacceptable overland drainage swale, staff should have pursued further the need to continue the storm sewer facility all the way to Gibraltar Road. Subsequently, the staff is //,lrequesting approval for Change Order #1, enclosed on page LV, which provides for this storm sewer extension and related restoration for an additional amount of $9,105.25. The staff will include this additional work in its effort to try and recover the costs incurred from the developer through ongoing negotiations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-16 (Lexington Square -Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. II 1► 11 0 F'= tZ 06 N m SL M W g1 ORIGINAL DESIGN Ex. 30" RCP 66'0L J J M Q Q Onix rn co 0 SL (1) LJ a6 � W U > () J r° -J �ccc + W W n . cr cc GAR. FLOOR rt SL 5L ti / U aauad PQM n a. I U = cc 2 lo OO J Q V � X W W Off. Mew ;LiZ J O Q U O Z }.. 4L� 9£T, _t7j N IN) DI 1 wCC W Qw 11.1 UJ 1114 Y N WQN Q t!? W CD Q Q 5L CO g / 7/ 4.) cr LC) Q h a 5L UO1a3U1.1d CO !oil1 66 bL N b 0 to 06 SL SL Air CHANGE ORDER Ex 30" RCP / r u L LL) 0 aAayy 3a/7 v — cr rn cc cc .faUy,,49 A - / aoo/da.,� -� / / / / / c /} Y�aO �i X all W U 0 N- 01 0 ' cc 2 Q U ( W 0� tr)L W mJZ coJZ QO I --U (nO Z --LOSS 1.0 v a U CD V.7a U') C0 yL CO SL uopou1ad 03 Agenda Information Memo October 18, 1988, City Council Meeting CONTRACT 88-01/APPROVE CHANGE ORDER #3/FIRE STATION #5 J. Contract 88-01, Approve Change Order #3 (Fire Station #5) -- This Change Order consists of the following three parts: 1. Part A: Reconstruct existing back yard catch basin inlet structure and regrade backyard drainage area to insure adequate drainage on the common lot line of fire station #5 and the residential properties to the south. (Add $1,680). 2. Part 3: This provides for the removal of an existing oak tree required by the significant elevation differential between the south driveway entrance and the base of the existing tree. Review by the City forester indicated that any efforts to try and preserve this tree would not be successful, thereby recommending removal (Add $683). 3. Part C: This provides for the construction of additional retaining walls due to significant elevation differential on the south side of the south driveway entrance to preserve and maintain existing trees. (Add $1,207). This Change Order has been reviewed by the Fire Chief and Public Works Director and is being recommended for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 88-01 (Fire Station #5) and authorize the Mayor and City Clerk to execute all related documents. VACATE PUBLIC RIGHT-OF-WAY/RECEIVE PETITION K. Vacate Public Right -of -Way, Receive Petition/Order Public Hearing (Apollo Road) --The existing dedicated public right-of- way for Apollo Road from Trunk Highway 149 westerly to the railroad right-of-way has been petitioned by the developers of the proposed Dart Transit facility to be located in the southwest corner of Lone Oak Road and T.H. 149. With the denial of an at - grade crossing permit, the City will never be able to extend Apollo Road across railroad tracks for an ultimate connection to Trunk Highway 149. Therefore, the applicant has petitioned for the vacation of this public right-of-way and it would be appropriate to proceed with a public nearing for formal discussion and comments. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate the Apollo Road right-of-way and schedule a public hearing to be held on November 15, 1988. / Agenda Information Memo October 14, 1988, City Council Meeting aPUBLIC HEARINGS PROJECT 455/PARCEL 10-02100-010-07 A. Project 455, Deerwood Drive, Parcel 10 -02100 -010 -07 --This item was continued from the October 6, 1988, City Council meeting. Information will be included with the additional information memo on Monday, October 17, 1988. PROJECT 455/PARCEL 10-02100-010-08 B. Project 455, Deerwood Drive, Parcel 10 -02100 -010 -08 --This item was continued from the October 6, 1988, City Council meeting. Information will be included with the additional information memo on Monday, October 17, 1988. PROJECT 455/PARCEL 10-02100-011-77 C. Project 455, Deerwood Drive, Parcel 10 -02100 -011 -77 --This item was continued from the October 6, 1988, City Council meeting. Information will be included with the additional information memo on Monday, October 17, 1988. Agenda Information Menlo October 18, 1988, City Council Meeting VACATION/STONEY POINTE U. Vacation, Sanitary Sewer Easement - Stoney Point --On September 19, 1988, the Council received a petition and scheduled a- public hearing to consider the vacation of an abandoned sanitary sewer easement through the Stoney Point Addition resulting from the relocation of the sanitary sewer to conform to the newly platted street alignment. Enclosed on page 4-“,/ is a Legal description and graphic showing the location of the easement to be vacated. All notices have been published in the regal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections from these parties. However, the City Attorney's office has raised concerns regarding the future liability and exposure of the City to the :Issuance of building permits within this vacated easement associated with potential future settlement of the sanitary sewer trench. Therefore, if this vacation is to be approved, it should be approved subject to the following condition being fully complied with as a condition of approval and prior to recording the vacation at the County allowing the issuance of a building permit within the affected lots: 1. The submission of a report from a registered soils engineer certifying that the material located within the zone of influence of the footing and foundation is adequate to support the construction of a normal single family residence. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public -tearing and approve the vacation of the sanitary sewer easement as described within the Stoney Point Addition subject to specific conditions. Agenda Information Memo October 18, 1988, City Council Meeting GENERAL ELECTRIC SUPPLY COMPANY/STORM SEWER E. Project 554, General Electric Supply Company - Storm Sewer -- In response to a petition and Waiver of Hearing submitted by the affected property owners, the Council authorized the preparation of a feasibility report for the installation of a storm sewer through the proposed General Electric Supply Company (GESCO) located at the northwest corner of Eagandale Industrial Road and the West Service Drive. This feasibility report was presented to the Council on September 19 with the formal V11,ic hearing be/ing scheduled for October 18. Enclosed on pages through ST -1/ a copy of the feasibility report for the Council's information and review during the public hearing presentation by the consulting engineer responsible for the 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. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and/deny Project 554 (GESCO - Storm Sewer). 45 ,LTh_ JD sees C� - soJrM LINE OF TLE NORTHWEST 1/4 OF THE SOuT.EAST 1/4 'r Tr( NOHI....EST I/4 SECTION 96, TwN 27, HGE23 All that part of an existing 20' utility easement, Document No. 703376, recorded with Dakota County and described as follows: Commencing at the southwest corner of the Northwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 89 degrees 43 minutes 31 seconds East, along the south line of said tb rthwest Quarter of the Southeast Quarter, 476.80 feet; thence North 01 degrees 44 minutes 06 seconds East 333.51 feet; thence North 15 degrees 41 minutes 54 seconds East 306.09 feet to the point of beginning of said center line; thence South 83 degrees 34 minutes 38 seconds East 156.92 feet; thence North 01 degrees 25 minutes 00 seconds East 246.92 feet; thence North 17 degrees 48 minutes 12 seconds East 40.90 feet to a point on the easterly line, distant 133.60 feet northerly from the southeasterly corner of Lot 14, Block 1, STONEY POINT according to the record plat thereof and center line there terminating. 110) .mow i #0."' �. ©ort %for General Electric Supply Co. Storm Sewer Improvements City Project No. 554 Eagan, Minnesota September 1988 File No. 49471 Bonestroo Rosene -711 Anderiik & Associates Engineers & Architects September 14, 1988 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G Bonestroo. P.E. Robert W. Rosene, PE. Joseph C. AnderIlk, P.E. Bradford A. Lemberg, P.E Richard E. Turner, PE. James C. Olson, PE Glenn R. Cook, PE. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. Re: General Electric Supply Company Stcrm Sewer Improvements Project No. 554 Our File No. 49471 Dear Mayor and Council: Keith A. Gordon, P.E. Richard W. Foster, PE. Donald C. Burgardt, PE. Jerry A. Bourdon, PE Mark A Hanson, P.E. Ted K. Field, P.E. Michael T. Rautmann, PE. Robert R. Pfefferle, PE. David O. Loskota, P.E. Thomas W Peterson, PE Michael C. Lynch, P.E. James R Maland, PE. ,(enneth 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. PE Daniel J. Edgerton, P.E. Mark A. Seip, PE. Philip J. Caswell, P.E. Mark D. Wallis, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin, C.PA. Transmitted herewith is our report for General Electric Supply Company which covers storm sewer improvements and includes a preliminary assessment roll. 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, BONESTR0O, 1OSE/ Mark A. Hanson MAH:li Approved by: 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//tate of Min sots. ?'ta'rk A. Hanson, P.E. tember 14 1238 Reg. No. 14260 De artment of Publi'"C" Works Date: 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 SCOPE: This project provides for the construction of storm sewer to serve a proposed General Electric Supply Company building on Parcel A of Figure No. 1 and areas to the north within Eagandale Center Industrial Park. The area is located north of Eagan Industrial Road and west of West Service Road. FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering standpoint and is in accordance with the objectives established in the Master Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out by combining it with Cutter's Ridge Addition, Project No. 512. DISCUSSION: Storm Sewer: Storm sewer proposed herein provides for constructing a lateral storm sewer along the north side of Eagan Industrial Road and the east side of a railroad spur as shown on Figure No. 1. The line will be extended to the north side of Parcel B to provide service for future development. The storm sewer will outlet into an existing 30" diameter storm sewer system within Eagan Industrial Road. Surface water from the area north of the General Electric site (Parcel A) presently flows both north and south. When the entire drainage area is devel- oped, a majority of the runoff will flow south. It has been determined through previous engineering studies that ; existing storm sewer within Eagan Indus- trial Road can only handle direct runoff from 4.9 acres east of the railroad spur and north of Eagan Industrial Road. This runoff has been determined to be 12 cfs for a 5 year storm. Because an additional 5.8 acres is proposed to drain into the Eagan Industrial Road storm sewer, ponding is required. Page 1. TOM ,C) Three ponds are proposed to handle the increased flows from the drainage area. One pond is proposed for the General Electric site while two future ponds will be required when the two parcels north of the General Electric site develop. Design considerations for the ponds are as follows: Direct Storage Outflow Pond Drainage Area NWL HWL (Acre-feet) (Cu.Ft./Sec.) 1 2.1 Acres 888 894 0.4 0.5 2 3.3 Acres * * 0.4 3.0 3 3.3 Acres * * 0.4 3.2 * Water levels will be defined when the land develops. All ponds outlet controls are to be constructed privately as part of the development of the parcels. AREAS TO BE INCLUDED: Assessment Area: SE 1/4, Section 3 Parcel 142-07 Eagandale Center Industrial Park Lot 15, Block 7 Lot 16, Block 7 Lot 17, Block 7 Eagandale Center 1st Addition Part of Lot 2, Block 1 TOM Construction Area: SE 1/4, Section 3 Parcel 141-07 Parcel 142-07 Eagandale Center Industrial Park Lot 16, Block 7 Lot 17, Block 7 Page 2. EASEMENTS AND PERMITS: Permanent drainage and utility easements and temporary construction easements will be required from all parcels within the construc- tion area. It is anticipated that all easements within Parcel A & B can be acquired as part of the approval of the development. Permanent drainage and utility along with temporary construction easement over the parcel to the west will also be required. An agreement from Soo Line Railroad will be required for the crossing of the rail road track. COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total project cost is estimated to be $ 72,370 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond in- terest. ASSESSMENTS: Assessments are proposed to be levied against the benefited properties. A preliminary assessment roll is included at the back of this report 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 of this project. Storm Sewer: The storm sewer will be a lateral line and is proposed to be assessed on an area basis to all land within the drainage area that is bene- fited by the storm sewer construction. Trunk area storm sewer was previously assessed against all properties involved in this project. TOM Page 3. Sa Revenue: Revenue sources to cover the cost of this project are as follows: Lateral Lateral Assessment Totals Project Cost $72,370 $72,370 Revenue Balance 572.370 272,370 -0- PROJECT SCHEDULE P;:esent Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes TOM Page 4. S / September 19, 1988 October 18, 1988 September 19, 1988 October 18, 1988 Summer 1989 Summer 1989 May 1990 APPENDIX A PRELIMINARY COST ESTIMATE GENERAL ELECTRIC SUPPLY COMPANY STORM SEWER IMPROVEMENT PROJECT NO. 554 360 Lin.ft. 24" RCP storm sewer @ $36.00/1in.ft. $12,960 40 Lin.ft. Jack 24" RCP Storm sewer @ $150.00/lin.ft. 6,000 310 Lin.ft. 21" RCP Storm sewer @ $32.00/lin.ft. 9,920 120 Lin.ft. 18" RCP Storm sewer @ $28.00/1in.ft. 3,360 120 Lin.ft. 15" RCP Storm sewer @ $22.00/lin.ft. 2,640 5 Each Std. 4' dia. MH w!rstg @ $1,000.00/ea. 5,000 3 Each Catch basin manhole w/cstg. @ $1,000.00/ea. 3,000 8 Lin.ft. Manhole depth greater than 8' @ $60.00/1in.ft. 480 1 Each Connect 21" RCP to ex. structure @ $300.00/ea. 300 220 Sq.yds. Remove & reinstall bituminous driveway 020.00/sq.yd. 4,400 2 Each Transplant tree @ $300.00/ea. 600 1,000 Sq.yds. Sod @ $2.00/sq.yd. 2,000 0.3 Acres Seed w/mulch & fertilizer $1,500.00/acre 450 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,000 910 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 910 Total $53,020 +5% Contingencies 2,650 $55,670 +30% Legal, Engrng., Admin. & Bond Interest 16,700 TOTAL $72,370 TOM Page 5. APPENDIX B PRELIMINARY ASSESSMENT ROLL GENERAL ELECTRIC SUPPLY COMPANY STORM SEWER IMPROVEMENTS PROJECT NO. 554 Parcel Area Description (Acres) SE 1/4, SECTION 3 Parcel 142-07 1.07 EAGANDALE CENTER INDUSTRIAL PARK Lot 15, Block 7 Lot 16, Block 7 Lot 17, Block 7 EAGANDALE CENTER 1ST ADDITION 1.87 2.07 2.34 Rate/Acre Total Assessment $6,764 $ 7,237 $6,764 6,764 6,764 $12,648 14,000 15,827 Part of Lot 2, Block 1 3.35 $6,764 $22,658 TOTALS 10.70 $72,370 TOM Page 6. 020-03 /i/4\ 010 - 03 /./ 'DART OF LOT 2 EAGANDALE CEN /st F,7K POND (4' 1 fr._ I PARCELS ADD/T/ON 1- 15 RCP FU)TUREI POND 2 18" RCP 141-07 \24" R 1 1 d RCP i 5 DRAINAGE AREA 111111•=1 01.111110110 11•11•1=1 PARCEL A ..••• Prrt- 21 RCP ;7 A POND I EAGAN INDU RIAL ROAD 15 SCALE: I" = 200' GENERAL ELECTRIC SUPPLY COMPANY STORM SEWER IMPROVEMENTS CITY PROJECT NUMBER 554 EAGAN, MINNESOTA 010-75 020-75 043- -4 Sil Benoist roo Roodons Andorlik & Associatos Efooliwkors A Art*6114,414 5L Pout bawaseeft Date: SEPT. 1988 Comm. 49 47 1 Fig. No. 1 Agenda Information Memo October 18, 1988, City Council Meeting OLD BUSINESS CONSIDER AWARD OF CONTRACT/STRATFORD OAKS & HIDDEN VALLEY A. Consider Award of Contract 88-35 (Stratford Oaks & Hidden Valley - Utilities) --At the October 6 Council meeting, the bids were received and consideration of awarding this contract was continued until the October 18 meeting to verify the status of the acquisition of the easements and permits necessary to allow this contract to proceed. An updated status report will be provided by the Public Works Director on October 18 with a recommendation of contract award, if appropriate. ACTION TO BE CONSIDERED ON THIS ITEM: To consider award of Contract 88-35 (Stratford Oaks & Hidden Valley - Utilities). Agenda Information Memo October 18, 1988, City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT LEXINGTON LAND COMPANY B. Comprehensive Guide Plan Amendment for Lexington Land Company and a Rezoning of 57 R-3 Townhouse Acres to a Planned Development D=istrict Located South of the Bulk Mail Facility Along Lexington Avenue --This item has appeared on City Council agendas throughout the summer, however, until a specific use and developer was named for the property, the developer and the City agreed to an indefinite continuance. It was also discussed by the City Council at the August 2 meeting and again at the September 6 meeting, that until a freeway zoning procedure or development incorporating the intent of the freeway zoning procedure was considered, this item should be continued. There was a motion adopted at the June 7 Council meeting that read as follows: "Ellison moved, McCrea seconded, the motion to approve an unbinding resolution by the Council stating that the Lexington Land Company property will be developed as a use other than residential. This land will probably be some type of industrial. All voted affirmatively." The property has been purchased and there are definite plans to develop according to the freeway zoning intent for that property. Please refer to an update prepared by the Community Development Department, a copy is enclosed on pages ,5'7 through '70.. Also enclosed on pages 11 through g0z is a copy of the Planning and Engineering Department report dated May 18, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment and rezoning of 57 R-3 acres to a planned development district for Lexington Land Company. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, CITY PLANNER DATE: OCTOBER 14, 1988 RE: LEXINGTON LAND CO. In May 1988 applications were submitted requesting a Comprehensive Guide Plan Amendment, Rezoning and Preliminary Plat from an R-3 (Residential Townhouse) district to a Planned Development district consisting of 57 acres for office/showroom/warehouse uses. The Advisory Planning Commission recommended approval of these applications on May 24. On June 7 the City Council, after discussion, continued this project until the September 6 meeting so the applicant could identify the uses in more detail and in order for staff to prepare the freeway zoning district classification. At that meeting, this project was continued again indefinitely since the applicant had not been able to identify specific users. In October, the City was contacted by BRW, the representative of L.J. Hooker Developments, who is looking to acquire and develop the entire 57 acres. The proposed plan contains nine building pads and approximately 600,000 sq. feet of building area developed over an extended period of time. At this time, the applicants have not identified the first phase of development which would be subject to detailed review by the the Advisory Planning Commission and Council. Since the time of the original application, staff has changed the concept of the freeway zoning category and is now looking at more of an overlay district which would apply to some of this property. If the P.D. is approved, it should be contingent in the Planned Development Agreement that the overlay include additional landscaping and high quality building materials, both of which would have an impact on the City's freeway corridor image. The application submitted is only for a rezoning to a Planned Development, tying in specific uses and general roadway alignments. Detailed alignments and specific square footages on each building pad would be determined at the Preliminary Plat stage. Staff recommends that the City set some square footage parameters for each of the parcels in the Planned Development which may modify only slightly with the final development plans or preliminary platting of the property. If approved, the Planned Development should be contingent on: 1) A Planned Development Agreement be entered into to specify all conditions and uses of the parcels. 2) A phasing plan be submitted as to how the property will develop. 3) No development will occur until a Preliminary Plat takes place. 5i 4 . The applicant shall work with the City on the detailed road alignment going north/south to tie into the City's master plans for a north/south connection. J. The applicant should take into account the property to the west to tie the remnants into this parcel for development purposes. Please find enclosed a copy of the previous staff report and background information for your review. If you have questions or would like additional information, please contact me. City Planner D C R/ j s 58 —anu AV uoi6uixa1 a w w e N w 0 o • r9 0 ( •t • l / // 11 \ N I i! ( w -o_ t ¢ o o ) \ w°O LL� P- 0� a� 1 LL \ Lj N-.., w N 0 O w 30 • LL cn 52 Tr cn L() N• M 0) co N l"' U IX F1wL C ��Qui QWN--d-LLSh1, W W0FG - 7 WCCW_ > -J Y zo w N°Ja F- '8 ,_`7" 1-JWQQQJ W!- / MIN auk a` i Z O 5W ^ a 0 O Q. w LU Y + C ) w o � O Go O 0. fol O �X2 a 1..1 w CITY OF EAGAN SUBJECT: REZONING - COMPREHENSIVE GUIDE AMENDMENT APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: LEXINGTON LAND CO. INC. PLAN 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 tc 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 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 Facility and the right-of-ways will be proposed and dedicated for an overall circulation pattern. The applicant has preliminarily shown how utilities can be provided to this parcel and also 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. Anerosion/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 nct 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 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 Future 104/372 114 104 104 Trailway Storm Sewer Trunk Street - Lexington Ave. Storm Sewer Upgrade Water Availability Charge Water Area Trunk RATE QTY TOTAL PROPOSED ASSESSMENTS $13.00/ff .083/sf 61.44/ff .013/sf 2,015/ac 1,315/ac 866.47 1,488,498 806.47 619,856 26.9 26.9 The proposed assessments are identified at this applicant's general information. c,.3 time AMT $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 ,..,-.. -----:----------P '4<s' _ 131' y fi 0'HINE pow Vxz 6 T 741111:11.47g ,-Al•RfE - , ( .14 ® StAnR1 I RD I - TAMARAC pr 2- BIRCH pl. 3- raJP.N.r. • - ;CREST RinGE 5- IRONI•1300 6- RECW000 PT 7 SPRUCE. PT . COODLE JI E KT RE 1 2 I - - . i O'COO LEARY PPP 1: ( r 000000 r. -I -r -1 1 -I --I p W 171 A 41 N J w -4 01 O W N 171 CO A D J V 0 10 m V A PPPPn 990 D r 0 0 0 4/ N r- 0 0 A A 41 r7 171 10 D n n n m mm / ------------------------------ CJ 0 c) N r 0 -i O; 0 r 0 n AUVwwns 101 AIH3d0kld 113N.0 I' 11. `- /r%‘ -----''/.'''p-,,%% _ \,1� /1 j / Li , '/ I ' O 111 t t � r p .1 n. r(*) ,. fr r /L , / / / / it,,, ` tj ,, V / 71 i1 _ -< -� / r 1 -_S. .•':_ =; `''I'f--' t, 111 f ylil 11,,', �li/PI 1, '7 ;.'�1'�, 11 '- ' 1'11 I1 , „1 „`tei en ,' ,Ill ' .11,) I 1,1,1111i; 1I it \i til' '” / 1:;?!Ih \xr- 1111 , ',,r, ;3,,-- ,IDI IiI%l-.,` 1111 _11 „ _-1a<, 1, , ,II1 . `,11' i i 1 r R,111,r ,1 ... 1 , - - •• , r ._s w7•1/4.w s 1 i SKETCH PLAN J � LEXINGTON LAND CO. INC. ..:.:"- "" EAGAN. MN. \,s !a MO Om Mom Ii& • ; \1• • 1:\� �yt �1+1.i sae MO VW/ 'NW 'NVOd3 "'� 'ON1 '00 GNV1 NOJON1X31 mow ♦arr Lw NV1d H313NS - 3 1 cc 1.. .ic3 til J S u. 2 ii:i5 --—41N3At/-NoiJNIX31- --•t—'=+- am st— • ti• ktm 1 0 11. 2 , tS U U Li U U U U U U CS ci a a(Saa aaaaaa a a(S •__ >- o P• a m ul .- v ,- m m c2 r R a 0.- co N r) v v v V m ui N M N m N ri;;' r- N to Y Y Y p :.:. L. • y'- a 30 U rU .- n el v U - $ ,.r ?`::;��-1;1Z--_-_,..,...::;34 m O [` 4.:;.;•;.r'.,7 0 O O O O OO OOOOZ 1- y - -',:••.V.1••.:,›.. YVt •4 •: till _)J •:, -- ----- - tQco STORM SEWER TRUNK - 1,488,448 S.F. ...N..® TRAIL 866.47 F.F. 11.0.1.0 'NW 'NVOV3 '"'"'3NI 'OO ONV'1 NOIDNIX31 tawT a+w NVld H313)1S /1. uJ GC N I e Cy`1[ ' Y . ..,____,,, ,----- - •- - -=-'41-.,.-.2--_, - _ _ -__ --, . _ -,•.,-- iill I 4,%',/ • Iy .m W , c_) 1, 41 > 'Il -:5:2\':11:1 - .. , 1 ¢ 4'1 I` ' 1 III ! - ' IIIA u)'1'. '-.----''/-\11'1'' - -'i-\11'1'' l' � � � 11 i l 1 11 -•1 fl, ,'-/,'-) ''Il ..-: ,11 • /, 'au/464- tttt1 a III',/1 r /1 1, `,�`I�! , \ i � II I'$ // 1 , 1 ' / ( 11`, - v itk fi:_-sit' \ Vii__ LOT SUMMARY U O (.5 d a a ✓ r� a rnkrt tc cJ n v 1- O N U 0 m ii _-_-„:‘,....--.-/-,•....:._.‘,,,,,,, - '` Udcfcidvcici aaaaaaacc S a d m ol h Oi b a cv �'• N Pl O N O O O O --� O O J J J J nJ r1 0 a a CO O 00 ci O cd 0 1- 2 LEXINGTON AVENUE STREET IMPROVEMENTS - 806.47 F.F. 619,856 S.F. O. —a4 annm- 'NW 'NVDd3 'ONI '00 aNV1 NO.DNIX31 NVId H013NS t w en 1 c of;-. -3M1 3 tite- N 0.1.9NIX3 -•+• - C CiiC_'fEi:#� i PROPERTY _J 1 W „ is Q Q d Q Q Q Q Q Q Q Q Q Q Cf )- a t- Q of 9 r a e. en ch et n et Q CC to e l c) a s a a m vi cJ r) a to n Q h n n r• N eo he Y J V �'• 0 r' eV e•! O 0 r N f7 R 1ff e0 Q 3 0 J OJ OJ OJ OJ m 0 0 0 0 0 01211 ceO _____ ...mo;_ ..... ----------------- I .; • il— � �_ I / -1 W IA 1'- N WATER AVAILABILITY CHARGE AND WATER TRUNK - 26.9 ACRES eleid piepuels :panoidde I el.d N NV1d 83.1.SVIN :J3A113S VOiS .1N3W18Vc130 , S>I1:10M --: 011911d ue5Be ;o Alp SThH 10718bV3 NO111Catt 021.1/9•24•thr7N01- „8 BI • (a) tis3) oct0s19 r i - it,91 , . / — •„•"- /1 a• ; • ine V • £2S +1/L'Ett 0•9L/Z1S4 089/8 t' 301/QI3S 111.1S0d S n CIS9/ 2in „ N e • • N -74 T DP -I 859.3 866.0 ye ( CHCO' 24 DP -17 874.0 F'1,-;42•1:/1 DP- 2.._ L L875.0_1 Zr 1.5 74.4,4 • / De 6 -8 .11F) . -27 872.0 E -L.,,. - HiS71 cc F I• d4\4, D,; -j : • ' • - - —_ ...,,, D - h • i ! - . _- _ _• - IC --- .,' /,•.- - 1 - . , 4 14 876.0 878.2 — ,,,,, ,.,, 1 1 i _., L!:. -- --i-- ,.' , ,- I . - / , : / ' / L. S.- 30 -I• D- z N44N%T"--7- H ' I 1--'• •.‘7,y,,,,--.-,-7-,"\ CP- 4,875.0 1 • ..,: OP -.14 —8277-7 -i - • - -: •---. :•••.- 878.0 84 2.6 , D -m _. • C -h • ,--, •f_4•:::.-7-!-;:f..';N* • Di -J. ,..-7t7t7cE1\ - -. -. .!_p -)•TIC. CP -5 873.0 - • 1 . 875.9 // ..: . - :OOP / / • . ier, DP -26 _ • . l'' 874.8 - i I DP -4 874.8 879.8, , /6 • • 2-• DP -5 838.3 855.4 L.S.-7 D- N1.0 1" DP -20 • D -r ---- 901.0 12- —DP - 84E 86C SUBJECT PARCEL city of eagan PUBLIC WORKS DEPARTMEN WATER MASTER PLAN no FIG#3 approved: standard plate ;F: DATE SUBJCT: APPLICANT: LOCATION: EXISTING ZONING: OF PUBLIC HEARING: DATE OF REPORT: CITY OF EAGAN REZONING - COMPREHENSIVE GUIDE PLAN AMENDMENT-- I]�[tw IF LEXItoTON 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 REPORTED BY: 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 i "2 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 Facility and the right-of-ways will be proposed and dedicated for an overall circulation-pattern. The applicant has preliminrily shown how utilities can be provided to this parcel and a 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 7-3 Doodle Road. The first segment roadway connectins, 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. PROD # 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 QTY AMT $13.00/ff 866.47 .083/sf 1,488,498 61.44/ff 806.47 .013/sf 619,856 2,015/ac 26.9 1,315/ac 26.9 The proposed assessments are identified at this applicant's general information. 7 time $11,264 123,541 49, 550 8,058 54, 204 35, 374 $281,991 for the 4. 1988 STREET MAP 1987 ZONING MAP 1980 COMP GUIDE PLAN MAP rfor's.HI \\\ \\,‹ SMP( PORK 41°17 "4•09 ,t=4I1PPICE I - P T'Pe5. IRCNtCCO (.11 yo, 6 ,SINC•01:1 •T 5E4 0000LE dt.1 If cOrref J c.LIPR/1 N/LAS • •,t.„ !•.! /_1(infili raksstr. tt PPE • 00 F" 4-4 0 0 0 0 M A W 0 -4 N 0 •i J ✓ 0 o W N Ir CO A A • p • > p P n P P 0 ' H11 5 0 ti 0 0 W N A 47 t1 N t0 I. v > t7 O > '_- /1,,, / I/ ,/ , \ \ 0 a 4- r- 0 0 n X O z '+ m ✓ , I 0 0 o , 33 I m 1 t \, .' \ , •%\r "s• 4) //� I I', so 1_ + 1' \ ', j,/ ,', P ii` : »l r r�(I'tt O „, r I"' J / ,t N �.�rjrv. '/ , n `;_ ',, % 1 J,'4 0 ,+ Im N_�l/7,'; „t,I m �, ,t> �,'• , ,' e_ ', C /, ,'(,/, -A / 4 /+ ,,ii ._ •.. ,,„ ItI \ , 11 r 0 -',, ,,fit 4=}-EXIMGTON 1SVENLJE 1 a SKETCH PLAN t ,, ”' LEXINGTON LAND CO. INC. EAGAN. MN. .0100.1 wn++• •4111113,106 7 1 1 1 1 SA Lt' 998 1IVal STORM SEWER TRUNK - 1,488,448 S.F. 0 0 0 0 0 -4 -4 -i -4I -i 1 01 N A 41 N v O1 a 41 N V+ A > J v L tv m -4 a pppPPPPO 8 03 ✓ 0 0 7S w _ m N Itx 11 R I� TT m '' -11; r r r r O O O 1 -i -I 0...4 A 41 14 • 41 rl L1 .o 11, n t7 P ------------ ------------------------- 4.1 f QI r 0 n N O - 4 -a w r 0 0 J Mavwwns 101 O I mm , F- O ' ":7 Oo m ss • 1 ¢�1 -+--: —+- +:EXINGTON•. VENUE--- ) 5(p4;I' 8 el - II 1 ' ;I' N irn SKETCH PLAN LEXINGTON LAND CO. INC. : EAGAN, MN..4.2 i1WMV• MM tt�� • Ih STORM SEWER UPGRADE - 619,856 S.F. 1 m X_ z 0 z m z c m m m 0 cn -4 -1. m 0 m m --1 'd'1 Ltt'908 -4 r r r r r- 0 0 0 0 0 0 0 tri A w N -� N.1 Cn o w (4 tr m A a La to m-1 "n - 8 m r- 0 0 x 4. 0 0 0 0 H -i -4 -4 A w N 111 Jib C.4 L, 7n y '( 9 > P > 0 n N 0 -4 Tr, 2 m 1 0 0 r- 0 -i N c �jI �J ( ` -- - -�' =NOLY;.\ \1 ,art ` `` Q�)i'i,� ' �•11,u � Ii Ste, 1 , / 1 n ' ' L L �sr- --J\0 N~,Q1'� (Ts. ,/ I,, y+ ,,/,1,4 r CO 1 1 111,1- - Ilitr, 37 i 1 ' ' 1,,< &s•-,,1 0 1 ' / 1 3 ,,' )1 k.' - „- t) ‘, 't ly;1 rn ' LJ,,,,r,,it. .i ' 1 \ �;�`; II 11:,:::,:: 7 „t'1; "l1 it 111Ei! g • A■ `-% \` 1 11 l� ¢-44 tIrL,01. SKETCH PLAN y .J LEXINGTON LAND CO. INC. EAGAN. MN. M .1.0.00..... —1 WATER AVAILABILITY CHARGE AND WATER TRUNK - 26.9 ACRES -4 0 0 O • p o 0 0 a a a 0 -/ Y O N 0 -4 CO CO V 01 0 td tJ CO CO p j > L 'V LI to m s. 8 r 0 0 A 0 -4 - 4 j' m O u 1 0 -4N 1 0 -•1 -4 A A fJ >r 7o D P s p --------------------------------- r- 0 0 0 A 0 -4 i► co 4- 0 0 - n A 0I rn - 431 73 1 o m 12 0 0 D r I, , nm g < r1 0 m 0 -4 t •1 \\ 1 •,�u �II R'r X1,1 1 --- ;,•, , ;1,/ -1-+--•- 1 EX10GTOT1-IWEMUE' sir t 1 J SKETCH PLAN LEXINGTON LAND CO. INC. ve EAGAN. MN. Go 4mil. 01040 Nb 4! 382/65.0 ' \ LXrs irtr.• t_..0 eis L-- EAGANDALE-----"CfITTEl --I*DUST Tifi;247F—TAAFE LOC 1CD /760. /75.0 / / / / // / •••••••., - 615/80.0 11 1 F*2Q le 2 1 1 112» 1 /Q. Li \ C) \ Rys53.6/72_0 TOM^ 11 is" • •• A -661710N CARRIAGE H:LLS SUBJECT PARCEL ( N FIG #1 city of eagan PUBLIC WORKS r"- DEPARTMENT STORM SEWER MASTER PLAN approved: standard plate IF: • H0888.0 )`)) r• • ,894,9 x„-. ACRES . 1 I 8D5f:9-1 3I 11"----17.- ' • 866.0 b:P-• T,5 , I24. D- h - . Z -L -CP -15 • 876.0 878.2 F • / I2 ES / -LDP-17 ;1 --)=E3 80.0 ! mo - ,....,,, pARK88/.9 ,1 L.,. .._ Lr -_-874.0_;._.!.., L ) I CP- 4 : --7--,-.:L....,875 0 •-••-;f-''.- ;--: 0 P414 —8277-7 ri- ' --'s. - -. .-rfs- 878.0 .. . . '. ; FiTFi-lz-7. • --- -7 -, ./. 1; - --': hh: 6 E• , 36\L I DP -12 868.0 D -k 872.0 • • // r E -i —7; 1, • )D -m D -z -873.0- • • CP -5 .) i .875.9 / . •_ / -r'r / /-. _.,_... ,00 - - ,.7,,,DP- 26 4 5 874.8 . C - Ai h - :,4578. / r-- 7 i r • DP -6 857 3 866.5 `882 0 5 -,---''i • t2:L.:I 7.! - - i DP -5I "--.... I.• 838.3 v....1J DP -4 1° ;-', 874.8 L.S.-7 -, / 2 D -p ,o, —bP- . • DP -20 , , D -r ---li 84E.86C 901.0 \. i FIG#3 city of eagan PUBLIC WORKS DEPARTMENT WATER MASTER PLAN approved: standard plate 4F: 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 October 18, 1988, City Council Meeting BLACKHAWK PLAZA MEDIAN/LUTHER STALLAND C. Request to Amend 8-16-88 City Council Minutes Regarding Blackhawk Plaza Median Cuts/Stalland and Stalland--At the October 6, 1988, City Council meeting, Luther Stalland appeared representing the Blackhawk Plaza Shopping Center and requested a change in the Aug}iis 16, 1988, City Council meeting minutes. Enclosed on pages X -f' through F-7 is a copy of a letter dated September 28 that addresses his recommended changes. At the October 6 meeting, the City Administrator was directed to investigate the matter and report back to the Council at its next regular meeting. The City Administrator and City Attorney have discussed the matter and feel there are no reasons to amend the minutes unless any member of the City Council feels that their action or direction was not,specific as stated in Mr. Stalland's letter. Enclosed on pages X'� through y'7 is a copy of a letter from the City Attorney dealing with this issue. The City Administrator has not reviewed either the video or audio tapes of the meeting. Minutes should reflect the best record or account of any general discussion and a specific action taken by any member of the City Council. Therefore, it is suggested that the City Council compare the August 16 minutes with Mr. Stalland's letter and determine whether a change is in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the August 16, 1988, City Council minutes. 83 LAW OFFICES STALLAND $e STALLAND ONE CORPORATE CENTER FINANCIAL PLAZA 7201 OHMS LANE MINNEAPOLIS, MINNESOTA 55435 LUTHER M. STALLAND K. PETER STALLAND September 28, 1988 Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Diffley Road, Blackhawk Plaza Median Cut Dear Mr. Hedges: TELEPHONE (012) 835-5577 I em writing to you about proposed changes in the minutes of the City Counsel's meeting on August 16, 1988, at which Dick Wolsfeld, our traffic engineering consultant, and I appeared requesting approval for our proposed median cut on Diffley Road to permit a left -in eastbound access to the Blackhawk Plaza Shopping Center. You suggested that I put my proposed amendments in writing to you which follow. Initially in an effort to be accurate in my proposed amendments, I met with your administrative assistant, Karen, who replayed the tape of the August 16 council meeting. It was unintelligible so that a transcript was impossible. I then contacted Assistant City Attorney Carly who did the taping of the meeting. He too acknowledged that the tape was unintelligible and that the Minutes of the Meeting was prepared by him from his notes and recollection. I have advised Mr. Wolsfeld of my proposed amendment and he has agreed that any recollection of the council meeting is 100% correct and concurs with such amendments. I am therefore enclosing a copy of the excerpted Minutes relating to the Black - hawk Plaza median cut with placement of proposed inserts into the Minutes to be considered in the context of what transpired at the council meeting August 16th. Thomas Hedges Page 2 September 28, 1988 INSERT NO. 1 At the meeting August 19th among City Planner Runkle, Consultants Van Wormer and Wolsfeld, respectively for Eagan and Blackhawk, and Stalland, Mr. Stalland stated that the bulk of the meeting was a discussion over the feasibility of the proposed median cut on Diffley Road according to Mr. Wolsfeld's Exhibit "A" plan, i.e. that a full stop would be required at the southbound I35E ramp and Diffley and that the present "Yield" right - turn into westbound traffic on Diffley would be eliminated. At the con- clusion of the meeting Van Wormer agreed that this was a feasible alter- native to allow the median cut. Mr. Van Wormer stated that he would again review all of these materials and write a new report stating that the Exhibit "A" proposal was feasible (but not that he would enthusiastically recommend it) unless on such further review he determined otherwise in which event he would call Mr. Wolsfeld if there was any change on Friday before he left town. Mr. Van Wormer never called Mr. Wolsfeld so that the developer and Wolsfeld assumed the report from Van Wormer to be done early the following week would state that the Exhibit "A" proposal was feasible. INSERT NO. 2 Mr. Stalland then directly asked Mr. Runkle if it was not true that at the end of the meeting on the 19th, Van Wormer had in effect agreed to the feasibilty of Exhibit "A" plan unless Van Wormer contacted Wolsfeld later that same day to the contrary to which Mr. Runkle responded affirmatively. INSERT NO. 3 In prefacing his motion on the matter, Councilman Gustafson stated that the city should not oppose the median cut as requested by Mr. Stalland, but send the matter on to the County Board without recommendation. Then Gustafson moved, Wachter seconded, the motion to approve allowing the petitioner to go to the Dakota County Board of Commissioners with no re- commendation from the city***. As I understand it, these proposed amendments will be presented by you at the beginning of the Council meeting scheduled for Thursday, October 6 at 6:30 p.m. an19you or your consideration. � rs very y, vm lit-oi( N}ta and cc: D. Runkle, J. Early, Esq., R. Wolsfeld allowed with reasons that are consistent with the Dakota County transportation standards. Mr. Stalland claimed that Mr. Van Wormer's recent position was inconsistent with a previous position on a median cut and asked that a meeting be held to further discuss the matter. The City Council continued the item until the September 6, 1988, meeting to allow Mr. Van Wormer, representatives of the City staff and Mr. Stalland to meet and further discuss the median cut. In his letter to the City dated August 22, 1988, Mr. Van Wormer recommended that the City not take positive action on the median opening. Mr. Van Wormer stated that Dakota County is responsible for traffic operations along Diffley Road and had been somewhat adamant in their refusal to provide a median opening. The fact that the County had granted an entrance onto Diffley Road based on the agreement that the developer would not pursue a median opening, indicated the concern that the County had over proper operation of the roadway. Luther Stalland recapped his meeting with Mr. Van Wormer for the Council. He suggested a way to make the median cut. He stated he felt Mr. Van Wormer's letter was "off the wall" considering what was agreed to at the meeting of August 19, 1988. Richard Wolsfeld discussed the following: 1. Detailed plan;. 2. Advantages/disadvantages; 3. Van Wormer's proposal. He stated the City could signalize the cut if there was a problem and that the developer would pay for the median and the. off -ramp. He stated that a left turn increases customers and that u -turns are dangerous. He felt the cut would not cause safety problems. The developer requested the City not object to the project. Mayor Ellison asked Mr. Runkle if the developer was correct in saying that Mr. Van Wormer changed his opinion. Mr. Runkle stated there was discussion but that nothing was agreed to at the meeting. The developer stated that at the end of the meeting, he felt they agreed to the solution. Mr. Runkle stated Mr. Van Wormer was to get back tothe developer on the matter.. Mayor Ellison asked Mr. Colbert what he suggested in the matter. Mr. Colbert stated he had not been involved and questioned how it would get through the County. He did not foresee any problems which would cause the City to be strongly against the project. He stated that not having the median would promote u -turns and that a left -in may be less of a problem. He further stated he was sensitive to the County guidelines. City Administrator Tom Hedges stated that Doris Wilkins had just telephoned him and she stated she was opposed to the median cut as an APC merhber and a resident. The developer stated there was already a median cut to the west of Blackhawk. He stated the agreement was signed under duress. Councilmember Wachter stated the ball was in the County's court and felt that the median would eliminate u -turns. He felt there would be a detriment in the traffic cutting in. „___, N i i4/Gustafson moved, Wachter seconded, the motion to approve allow the petitioner to go to the Dakota County Board of Commissioners with no reccomendation from the City. Wachter, Gustafson, Ellison and McCrea voted in favor; Egan was opposed. EDWARD R. McMENOMY LARRY S. SEVERSON* JAMES F. SHELDON J. PATRICK WILCOX* TERN NCE P. DURKIN MICHAEL G. DDUGHERTY REND J. HANSEN *ALSO LICENSED IN IUWA •*ALSO LICENSED IN WISCONSIN +ALSO LICENSED IN NEBRASKA October 13, 1988 Mr. Tom Hedges City of Eagan 3830 Pilot Knob Road P.O. Box 24329 Eagan, MN 55121 MCMENOMY & SEVERSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW iiREPLY TO: 7;00 WEST 147TH STREET PO BOX 21329 APPLE VALLEY, MINNESOTA 53124 rc:LEFAx NUMBER 4,12-3790 9021 142-3129 E 12EPI.Y TO - 11150 SOUTH ROBERT TRAIL uO L0)SE: IOSE:MOUNT. MINNESOTA 55008 (0121423-1155 RE: Diffley Road, Blackhawk Plaza Median Cut Request of Luther Stalland to Amend Official City of Eagan Minutes For the City Council Meeting of August 16, 1988 Our File No: 00E-04777 Dear Tom: MICHAEL E. MOLENDA** PAUL J. STIER PATRICK W. STEWART KEVIN P. CARROLL KENNETH R. HALL SCOTT D. JOHNSTON t •JOSEPH P. EARLEY OF COUNSEL: LEONARD F IIIERNAT •JOHN E. VUKELI('H By letter dated September 28, 1988, Luther Stalland requested that the City amend its official meeting minutes for August 16, 1988, so that the minutes would reflect discussions that he recalled that took place during the meeting. I have reviewed his proposals. The proposed amendments relate to conversations held by City staff, City consultants and an alleged comment by Councilmember Gustafson. The amendments call for independent recollection by the parties now approximately two months after the event. The amendments themselves relate to no official action by the Council. There are no motions or votes included. That being the case, I don't believe it is significant for the purposes of the official City minutes which reflect official City action, for these additions to be included for the City's purposes. Mr. Stalland and others are certainly entitled to recall as accurately as possible who said what to whom. However, the purpose of the City's minutes is to record the City's official action. Now, some two months after that time, the substance of the conversation may be relevant for Mr. Stalland but is not relevant so far as the City's official action is concerned. Therefore, it is my suggestion that the City not amend its official minutes. 771cMENOMY & SEVERSON Mr. Tom Hedges October 13, 1988 Page Two The City Council had a chance to review the minutes and has already approved them. Presumably they did that when the matter was fairly clear in their minds. To allow parties to come in afterwards and request amendments to the City minutes for matters of conversation and not for matters of substance would be a dangerous precedent in my opinion. If you have questions, please contact me. Very truly yours, McMENOMY & SEVERSON, P.A. J -m sA .Sheldon JFS/dj k cc: Luther Stalland Agenda information Memo October 18, 1988, City Council Meeting FINAL PLAT APPROVAL/BUR OAKS 2ND ADDN D. Final Plat Approval - Bur Oaks 2nd Addition --On October 6, a request for final plat approval was continued indefinitely subject to the appropriate access permits to T.H. 149 being obtained from MnDot. This last remaining issue was resolved when the permit was issued on October 11. Therefore, this final plat is in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Bur Oaks 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo October 18, 1988, City Council Meeting STOP SIGN PETITION/BEAVER DAM ROAD @ BEAR PATH TRAIL E. Stop Sign Petition, Beaver Dam Road @ Bear Path Trail --At the September 19th Council meeting, the Council received a petition from property owners requesting the installation of a stop sign on Beaver Dam Road at its intersection with Bear Path Trail. The Council continued consideration of that petition subject to the completion of a speed study by the Police Department and a traffic count by the Engineering Division. Enclosed on Page qc;2, is a response from the Chief of Police concurring with the resident's contention of excessive speeds being experienced along Beaver Dam Road. Traffic counts were performed on all four legs of this intersection for a 48 hour period from October 5th to October 7th. The results indicated a total traffic count as follows: West leg - 437 South leg - 1,219 East leg - 1,100 North leg - 1,097 While the manual on Uniform Traffic Control Devices stipulates that stop signs should not be installed for speed control, the Police Department feels that it would have such a beneficial effect. Based on the traffic volumes being of approximate equal number on three of the four entering legs, it does meet a warrant for a four-way stop sign installation. Combined with its proximity to City park property it will provide a protective crossing for residents in this neighborhood. Enclosed on pages C-13 through CT is a petition and a location map for the Council's review of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of stop signs on Beaver Dam Road at the intersection with Bear Path Trail. city o1 cagan poi ice 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 VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk October 4, 1988 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JAY BERTHE, CHIEF OF POLICE SUBJECT: SPEED VIOLATIONS It appears that the complaint on Beaver Dam Road at Bear Path Trail was legitimate. At first we were citing violators traveling at 50-51 M.P.H. After working the area with radar the speed has fallen to an average of 29-30 M.P.H. with no citable violations. There were no specific responses regarding children hazards. Because of the reduction in speed it should not be any worse than any other internal city street that borders or is very near school bus stops and Parks. This area will be monitored frequently with radar to maintain ed reduction. )41, M. Berthe r�Cjh�lef of Police JMB:lb THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY PETITION FOR CITY USE ONLY Date Received • To Council Approved STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on CL��e 1)6lpvt at the intersection with I/We, request this installation for the following reasons: cLd I/We -KA 3 ej3v 2. 41/\ a I.-ki si) -k c d \nc rc0. -e-d 3. C1,6 l d- re n I S i -a -u S / O`o -R Q, vo S S CAv'LQ.v wvr,d-ow tav,d P6uvk. o wv_ /x -1-1".3._ . Z E/ C u b t (2L r -e- ✓\ - 0. c.1/ o rns- CLA i / tL2o r-e0.5cv, 4�.ese the City Council take this petition request under earliest opportunity and that we be informed as to when it Ii��Zs 4- liL rA i s request that consideration at its is scheduled so that we may appear in person if we so choose. CLIA pX • /5 -L I *0 1 5 e ac--1'`_vN- U 1 NAME (Please print and initial) ADDRESS 1 . lel r- u(t.. A. b Qal CLI -1- 2. 3. 4. 5 6. 7. 8. 9. 10. /,177 a ,-,-,i-, WucSA-u-Vaic\flAi j-cokoj 0,J A 19e Cd= ► ze4 v.1 - tivakocwolm q._.3; �; 5 i e lac -1/1 vcL t LOT '1'! 9aL. 433 O 6eai /00_,t2 7/ea Lbro eL.3 4/374 u- pa lav 14 La r it. 'Et.. /33 ,ecu -ot:L 7 Lo r L. L\32to \" ea{ l a tb a.\ Lcr lit EC. )13L-.0 Vt /31 kj,PQ _zJ . ` , , ` , LOT/1 LoT web ec,A 54k/ CLIFF t$T (LaT ►t! gLlw Lo -r ®9P" 81.3 11. 4�3�3 ,aa40a cy, 45e,o i C i1 • je4)� su`1't_1 P -p -cg </3 4e 11365 Sec ver D o+r 1 Fig!• e0112o II !• kyr W M t= 1Tt 6 N r . N n pui►0T j,... L A h . R _GVESING SIGNS Agenda Information Memo October 18, 1988, City Council Meeting ,NEW BUSINESS LIQUOR LICENSE RENEWALS A. Liquor License Renewals --Each year the City Council must approve all on -sale, off -sale wine and beer licenses which become effective in January of each year. Enclosed on pages ""l (o through k):1-- is a memo from Administrative Assistant Witt that provides background information on the liquor license renewals and a specific list of all liquor licenses. According to Administrative Assistant Witt's memo there are some unanswered questions regarding liquor license that will be addressed prior to Tuesday evening. The City Administrator will relate the appropriate action as either or part of the administrative agenda on Monday or at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve all liquor licenses as outlined for renewal and other appropriate action as suggested by the City Administrator. C1c5 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT DATE: OCTOBER 12, 1988 RE: LIQL1OR LICENSE RENEWALS Attached are renewals for on and off sale liquor, wine and on and off sale beer licenses. There is pending activity for some of these applications. On Sale Liquor The Eagandale Club has a new owner - Eagan Tennis & Athletic Club. They have submitted appropriate forms to the Police Dept for investigation and are a separate item on the agenda. The police report should be available by Tuesday. Pending approval, Graham Gurr has been acting as manager for the club. FYI - At least half a dozen parties have taken out forms for an on sale license but no one has completed and returned the forms. There are five on sale licenses available and Council indicated (June, 1986- code attached) that 3 would be earmarked for hotels and two for building over $350,000 in valuation. While concern was voiced regarding the ability to meet the requirements, I don't know that anyone has contacted you and/or the Council to change the requirements. Cff Sale Liquor LAMA Corp. has submitted an application for an off sale liquor license. They indicated a location at Cliff -Lake or Rahncliff. Captain Geagan said they must have a specific site before he can proceed with the investigation. That information has not yet been provided. I did receive a call from Dave Perrier, who presently has a liquor store at Cedar Cliff Shopping Center. He wanted to notify the Council that he plans to move to Cliff -Lake Galleria in February of 1989 or soon thereafter. On sale Beer The list includes a second Pizza Hut location - this one at Town Centre. A conditional use permit and an on sale beer applicaiton is being considered as another item on the agenda. The police report has not yet been completed. Captain Geagan expressed concern about the same owner for two locations, which is presently contrary to city code. § 5.52 Subd. 10. On -sale licenses shall be granted only to hotels, motels, restaurants and fraternal clubs. Source: City Code Effective Date: 1-1-83 Subd. 11. No more than eighteen (18) on -sale licenses may be issued. All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit. The nine (9) licenses available March 5, 1986 shall be distributed to qualified applicants as follows: AS OF 10/18/88 : 3 available A. Four (4) licenses for hotels/motels; 2 available B. Three (3) licenses for restaurants with at least $350,000.00 building valuation (exclusion of lease- hold improvements, equipment or common areas); and, 0 available C. Two (2) for other restaurants. Source: Ordinance No. 35, 2nd Series Effective Date: 6-6-86 Subd. 12. No more than one (1) off -sale license may be issued for each 2,000 households in the City as determined by the Metropolitan Council as of April 1 of each year. The sixth off -sale license shall not be approved prior to July 1, 1987. One additional off -sale license may be approved each year thereafter. However, no license shall be approved prior to the 1st day of August of each year commencing in 1988. Applications will not be accepted unless a license is available as determined by the household count. Each applicant shall display to the City's satisfac- tion that it has at least an option on a specific site for the location of the off -sale store. The Council reserves the right to determine specific compliance with this Subdivision. Source: Ordinance No. 38, 2nd Series Effective Date: 9-5-86 Subd. 13. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. Source: City Code Effective Date: 1-1-83 113 (6-15-87) 1989 ON SALE LIQUOR ESTABLISHMENTS Al Baker dba Al Baker's 3434 Washington Drive Eagan, MN 55122 454-9000 Cedarvale Bowl, Inc. dba Cedarvale Lanes Robert Johnson, Manager 3883 Beau d'Rue Drive Eagan, MN 55122 452-7520 Eagan Hotel Partners dba (Compri) Hotel Stanley Kennedy, Manager 2700 Pilot Knob Road Eagan, MN 55121 454-3434 Bob Dougherty dba Dougherty's 1312 Town Centre Drive Eagan, MN 55123 681-1570 Dorola, Inc. dba Durnings Jim Durning 4625 Nicols Road Eagan, MN 55122 454-6744 Eagan Tennis & Athletic Club dba Eagandale Club 3330 Pilot Knob Road Eagan, MN 55121 454-8790 Hong Wong Restaurant William Lam 2139 Cliff Road Eagan, MN 55122 452-0086 Holly Inns, Inc. dba La Fonda de Acebo Dan Harkin, Manager 3665 Sibley Memorial Hwy Eagan, MN 55122 452-5411 Mediterranean Cruise Daoud A. Hussein 3945 Sibley Memorial Hwy Eagan, MN 55122 452-5991 Richard's Food & Liquor Richard Stariha 4185 S. Robert Trail Eagan, MN 55123 452-3061 Starks I, Inc. dba Starks Saloon Gary W. Stark 3125 Dodd Road Eagan, MN 55121 454-8251 Latt, Inc. dba Valley Lounge Jim Tousignant 3385 Sibley Memorial Hwy Eagan, MN 55122 454-2760 1989 OFF SALE LIQUOR LICENSES Applebaum Companies, Inc. dba Big Top Wines & Spirits Ellen Applebaum 3900 Beau d'Rue Drive Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kennys Liquor Kenneth Youngberg 1444 Yankee Doodle Road Eagan, MN 55122 Perrier & Associates dba Cedar Cliff Liquors Dave Perrier 2141 Cliff Road Eagan, MN 55122 Sidco, Inc. dba Big Top Wines & Spirits Sidney Applebaum 1282 Town Centre Drive Eagan, MN 55123 Spirits of Eagan, Inc. dba MGM Warehouse John W. Teslaw 4178 Pilot Knob Road Eagan, MN 55122 1989 ON SALE CLUB LICENSE Spur, Inc. dba Osman's Spur Country Club Lloyd Hostelka, Manager 2750 Sibley Memorial Hwy Eagan, MN 55121 1989 WINE LICENSES Broadway Pizza John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. & Associates dba Carbone's Pizza 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba Carbone's Pizzeria David D. Carbone 1665 Yankee Doodle Road Eagan, MN 55121 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Road Eagan, MN 55122 Eagan Grill, Inc. dba Eagan Tap Julio de la Huerta 3998 Sibley Memorial Hwy Eagan, MN 55122 FHF, Inc. dba Hunan Garden Maurice Fung 1304 Town Centre Drive Eagan, MN 55123 Italian Pie Shoppe James Basta 1438 Yankee Doodle Road Eagan, MN 55122 Vi Huong, Ltd. dba Vi Huong Ngan Truong 1989 Silver Bell Center Eagan, MN 55122 ��0 1989 ON SALE BEER LICENSES Airliner Motel Pui Man Wong 2788 Highway 55 Eagan, MN 55121 Broadway Pizza * John Odeen 2113 Cliff Road Eagan, MN 55122 A.C. Associates dba Carbones Pizzeria 1565 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc. dba Carbones Pizzeria 1665 Yankee Doodle Road Eagan, MN 55121 Carriage Hills Country Club William H. Smith 3535 Wescott Hills Drive Eagan, MN 55123 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Road Eagan, MN 55122 Dragon Palace of Lee Lee Fo Len 1466 Yankee Doodle Road Eagan, MN 55122 Eagan Grill, Inc. * dba Eagan Tap Julio de la Huerta 3998 Sibley Memorial Hwy Eagan, MN 55122 * Eligible for Strong Beer ** Contingent upon 1988 approval. Hunan Garden Maurice Fung 1304 Town Centre Drive Eagan, MN 55123 Italian Pie Shoppe James Basta 1438 Yankee Doodle Road Eagan, MN 55122 Mr D's Pizza Peter Christiansen 3902 Beau d'Rue Drive Eagan, MN 55122 Parkview Golf Club Donald Larsen 1310 Cliff Road Eagan, MN 55123 Piccolo's Pizzeria Greg Heuer 4162 Pilot Knob Road Eagan, MN 55122 Pizza Hut Mitchell Dahlstrom, Manager 3992 Sibley Memorial Hwy Eagan, MN 55122 Pizza Hut ** Lisa Herman, Manager 1325 Town Centre Drive Eagan, MN 55123 Rocky Rococo's John Brooksbank, Manager 2130 Cliff Road Eagan, MN 55122 Vi Huong 1989 Silver Bell Center Eagan, MN 55122 5 gtandCluotRo2dClub Rosemount,MN 55068 1989 OFF SALE BEER LICENSES Brooks Superette J. Brooks Hauser 3390 Coachman Road Eagan, MN 55122 Country Club Market 3820 Sibley Memorial Hwy. Eagan, MN 55122 Holiday Stationstore # 232 4595 Nicols Road Eagan, MN 55122 PDQ Foods of Minnesota 4160 Pilot Knob Road Eagan, MN 55122 PDQ Foods of Minnesota 1969 Silver Bell Road Eagan, MN 55122 Rainbow Foods # 14 1276 Town Centre Drive Eagan, MN 55123 Superamerica #4049 Hwy 13 & Diffley Road Eagan, MN 55122 Superamerica #4182 1406 Yankee Doodle Road Eagan, MN 55122 Superamerica #4335 1379 Town Centre Drive Eagan, MN 55122 Tom Thumb 3904 Beau d'Rue Drive Eagan, MN 55122 Tom Thumb 1430 Yankee Doodle Road Eagan, MN 55122 Tom Thumb 2125 Cliff Road Eagan, MN 55122 Tom Thumb 4130 Blackhawk Rd. Eagan, MN 55122 Walgreen Drug 1278 Town Centre Drive Eagan, MN 55123 Agenda Information Memo October 18, 1988, City Council Meeting DAKOTA COUNTY LANDFILL ABATEMENT FUNDING APPLICATION B. Approval of Dakota County Landfill Abatement Funding Application --The City Council has discussed on several occasions and most recently as a part of the 1989 budget process the necessity to apply for funding through the Dakota County Landfill Abatement Funding process in order to undertake the curbside recycling program that will become effective on or before April 1, 1989. The County has provided each of the cities a funding application which has been completed and is recommended for approval by the Solid Waste Abatement Commission and submittal to Dakota County prior to the November 1 deadline. For additional information on the application, refer to a memo from Administrative Assistant Hohenstein and the completed application found on pages D through /4/ ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the Dakota County Landfill Abatement Funding application. TO: FROM: DATE: SUBJECT: MEMORANDUM TOM HEDGES, CITY ADMINISTRATOR JON HOHENSTEIN, ADMINISTRATIVE ASSISTANT OCTOBER 11, 1988 DAKOTA COUNTY LANDFILL ABATEMENT FUNDING APPLICATION Attached you will find copies of the Dakota County Landfill Abatement funding application for 1989 consistent with the Council's direction to undertake curbside recycling on or before April 1, 1989 through hauler license requirements. The application focuses primarily on curbside recycling for single family, duplex and fourplex homes as are targeted by the County for 1989. Atits regular meeting on October 11, 1988, the Solid Waste Abatement Commission recommended approval of the application for submittal to the County prior to the November 1 deadline. As a part of the application, the Commission also recommended a modified budget for 1989. The revised budget does not require additional contribution from the general fund. It is consistent with the solid waste budget previously before the Council with the exception that certain line items have been modified in light of additional information and an operations and maintenance line item has been added for performance based funding to recyclers. This would be similar to the County's discontinued tonnage rebate program which rewarded haulers and other recycling operations for the volume of materials recycled. Staff has yet to develop the details of such a program, but has set aside approximately $26,000 for this purpose. A successful first year program would allow the City to pay between $8.00 and $10.00 per ton in operational support of this kind. Such support could be predicated on the availability of County funding or could be phased out when disposal costs rise to the point that cost avoidance is adequate motivation to recycle. The Commission also acted to recommend the attached daily hauling district map. The Commission and haulers suggest three daily hauling districts with collection days spread through the week for a variety of reasons. Three districts allow sufficient division of the City so that all haulers believe they can serve all accounts without unnecessary duplication of effort and inadequate economies of scale which might occur with more districts. They also recommend that County roads be used as district boundaries because they span the City, make logical divisions between neighborhoods and are easy for residents to remember. The districts as defined are somewhat uneven at present, but will have roughly the same number of curbside accounts in five to ten years. They are also the most even districts the Commission was able to develop using County road boundaries. Additional time and effort will be necessary to complete and process the ordinance amendments and other workplan elements referenced by previous Council action and the application. Such information will be forthcoming as soon as it is available. On behalf of the Commission, staff would request Council action to approve the Dakota County Landfill Abatement Funding Application, the revised budget and the daily hauling districts as presented. If you have any questions in this regard, please let me know. ..46. aria ♦ .A. Adnt nist ative Assistant ATTACHMENT 1 1989 FUNDING APPLICATION City/Township: City of Eagan Date Submitted: Address: 3830 Pilot Knob Road Program Period: 1/1/89 Eagan, MN 55122 to 12/31/89 Contact Person: Jon Hohenstein Phone: ( 612 ) 454-8100 I. If this is a multi -community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. 11 . Please indicate whether you plan to take advantage of the County's early operation incentive (program in full operation by 4/1/89). Yes x No III. Please provide a brief overview of 1989 abatement activities; indicate whether these are a continuation of existing programs or new programs: (If more space is needed use extra sheets.) See Attachment III. The City of Eagan will encourage landfill abatement to meet or exceed the County and Regional goals for 1989. By incorporating the County priorities, the City will focus primarily on the development of curb -side recycling in the program year, while improving reporting structures for other types of abatement. Generally, these activities are described as follows: 1. Curb -side Recycling - The City will modify its waste hauler licensing ordinances to require that separate collection of aluminum and steel beverage containers, glass, newsprint, yard waste and mixed waste be available to single family, duplex and fourplex residences. To reinforce the incentive to recycle, the City will purchase and distribute a one to three piece container system and require volume based fees of all haulers. The City will also engage in extensive promotion and a residential recycling lottery to encourage participation. By requiring separate collection by the hauler, operating costs will be subject to market forces and be borne by waste generators in as equitable a manner as possible. To the extent possible, the City will offer performance based funding to encourage hauler compliance. Implementation will occur on or about March 15, 1989. 2. Recyclable Redemption Center - The City will continue to support the Recycle Minnesota Resources redemption center in Eagan. The center opened in 1988 and operates Tuesday - Saturday, 9:00 - 5:00. The center redeems aluminum and steel beverage containers, glass, aluminum foil and PET plastics. It also accepts newsprint without fee or redemption. The City provides operating assistance to the center in the amount of $4,000.00 per year through 1990. 3. Drop-off Centers - At least two church groups sponsor programs for drop off of certain recyclables. St. john Neumann maintains a roll -off trailer for newsprint which is available twenty four hours a day, seven days a week. Mt. Calvary Lutheran Church's Scout Troop accepts glass and aluminum on one Saturday per month. the City has supported these programs through performance based funding in the past and will continue to do so in the future. 4. Yard Waste Collection - The City will require separate collection and appropriate compostable disposal of yard waste concurrent with curb -side recyclable implementation. At present haulers will be encouraged to utilize the County composting facility. Alternative disposal may be permitted provided that adequate documentation of volumes/tonnage are provided to the City. 5. Commercial Recycling - The City will work the area Chamber of Commerce to promote recycling in the business community. Promotion will include Chamber luncheon programs, distribution of office paper/ corrugated recycling guides and a potential for performance based funding. This will receive higher priority in 1990, but the City will make an effort to improve reporting relationships in 1989. IV. Complete the following section for all applicable activities, whether a continuation of existing activities or new activities in 1989: A. Curbside Collection of recyclables: Yes x No (If more than one collector, use a separate sheet; please provide the same information for each collector.) 1. Anticipated Start Up Date: 3/15/89 2. Number of households to be served: 12,500 3. Frequency of collection: (circle one) twice monthly monthly other 4. Containers to be used: Yes x No 5. Number of containers per household: 1 - 3 6. Materials collected (circle all that apply): 4±-wsIffp mixed paper aluminum plastics 7. Name of collector: Licensed Residential Haulers Address: See Attached List 8. Cost of collection: Billed to account by hauler 9. Dates of collection contract: N/A to 10. Anticipated participation level: 60% (7,500 H.H. @ 15 lbs/wk) used oil other (specify) 11. Anticipated abatement in 1989: 240 tons per month for 9 mond B. Drop off Centers for Recyclable Materials: Yes x No 1. For each drop-off center please provide: a. Operator: Recycle Minnesota Resources (formerly MSD) Address: 1971 Seneca Road, Eagan, MN 55122 Costs: $4,000 per Year Start Up Date: Presently in Operation Days/Hours of Operation: Tues. - Sat. 9:00 a.m.-5:00 p.m. Materials Collected: Aluminum & steel beverage cans, glass, newsprint, aluminum foil, PET containers (480 tons/year) b. Operator: St. John Neumann Catholic Church Address: 4030 Pilot Knob Rd., Eagan, MN 55122 Costs: N/A (Private Operat}jen ) Start Up Date: Presently in operation Days/Hours of Operation: Available 24 hours/day, 7 days/week Materials Collected: Newsprint (250 tons/year) c. Operator: Mt. Calvary Lutheran Church Address: 3930 Rahn Road, Eagan, MN 55122 Costs :N/A (Private OperatiopOr Start Up Date: Presently in operation Days/Hours of Operation: 10:00 a.m. - 2:00 p.m. 2nd Saturday of the month Materials Collected: Glass, aluminum (75 tons/year) d. Operator: Address: Costs: Start Up Date: Days/Hours of Operation: Materials Collected: per 3. Anticipated abatement from all drop-off centers in 1989: 805 tons per year C. Multi Family; complete this section only if a separate program 1. Describe the manner of collection: Duplexes and fourplexes included in residential curbside program. Other multi—family not targeted for 1989. 2. Total number of units served: 3. Materials collected (Circle all that apply) newsprint mixed paper aluminum steel beverage cans glass plastics oil other 4. Costs: per 5. Anticipated abatement in 1989: tons per D. Yard Waste Collection 1. Anticipated start up date (must be no later than August 1, 1989): March 15, 1989 (Requirement of hauling license) 2. Curbside: ( Yeses No Taken To: County facility 3. Drop off:(' Yes 2) No Location: County facility Hours: N/A 4. Cost: N/A (Market Price) E. Describe the activities you will undertake to promote and encourage commercial/industrial recycling (Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul must complete this section) See Attachment F. Describe public education/promotional activities that will be undertaken in 1989. See Attachment G. Describe your City's in-house recycling program (Must be operational by December 1, 1988). See Attachment H. Describe completely any other abatement programs for which you are requesting funding (eg. operation of compost site, special waste handling, household hazardous waste collection). Include projected abatement. See Attachment IV. E. In cooperation with the Eagan Chamber of Commerce, the City will reproduce and distribute a guide on office paper and corrugated material recycling to all Chamber of Commerce members. The guide will be modelled on a similar publication prepared by the St. Paul's Dispatch Community Council. The City will expand distribution to non -chamber members utilizing its business database. In addition, city staff will coordinate one or more Chamber of Commerce programs promoting recycling. Through these programs and the distribution, the City will inform local businesses of alternative to disposal and offer technical assistance to firms wishing to develop individual or joint recycling programs. While the primary thrust will be in the areas of office paper and corrugated materials, businesses will also be encouraged to abate unique recyclable wastes and household type recyclables (beverage containers, glass and newsprint) if volumes permit. The City is currently considering the development of a performance based funding system for commercial recycling similar to that contemplated for the curb- side program. This would encourage formation of programs, assist in the implementation of reporting mechanisms and support recycling in the formative stages before increasing costs make cost avoidance a primary motivation for recycling. IV. F. The City has yet to design its promotional campaign for the recycling program. Details will be forthcoming as this occurs. The City has budgeted $16,200 for promotions which will be applied in the following ways. The City will implement a weekly lottery similar to that operated by the City of Plymouth in which a $100 prize per week will be awarded to a resident if they have set out recyclables when their address is drawn. This program is intended to be a short term promotion to encourage recycling habits and create additional financial incentive for curb -side recyclers until cost avoidance is sufficient incentive. The City has also budgeted one thousand dollars per month for advertising and promotions. While this is more expensive than any single promotional activity the City currently supports, the need to raise public awareness and encourage high recovery rates early in the program justify the expense. Currently, staff anticipates the funds to be used to support brochure, direct mail and media promotions utilizing local and area press, city newsletters and cable television programming. The City would also integrate its educational programming with that to be developed by the County's Solid Waste Advisory Committee. Commercial promotions have been outlined above. IV. G. The City of Eagan's offices currently recycle office paper and aluminum and steel beverage containers. Waste office paper is stored and recycled through Rohn Industries. Beverage containers are collected on the main floor and in the lunch room. Staff then recycles them through the Recycle Minnesota Resources facility in Eagan. Proceeds of the programs are committed to the Employee Fund to support various activities thereby increasing ownership and employee incentive to participate. IV. H. The City of Eagan will cooperate with Dakota County in sponsoring a Household Hazardous Waste Collection in 1989. The City intends to seek out corporate sponsorship to limit public costs of the collection. The program will be a one day collection targeting paint, pesticides, drain oil, lead acid batteries and tires. Under similar terms as the City's previous collection, the City's obligation for the collection would be a maximum of $5,000 for an anticipated abatement of 15 tons. V. Work Plan Dakota County will distribute any approved funding in four equal payments, provided communities meet specified development objectives. Please provide a work plan for developing and/or implementing the targeted community program or a comparable program in 1989. Please highlight the objectives to be met by the following dates: o March 15 o June 15 o September 15 See Attachment CITY OF EAGAN 1989 CURBSIDE RECYCLING WORKPLAN Date Program Element 11/1/88 County Program Application Deadline - 1989 11/15/88 Adoption of Ordinance Amendments Specifications for Containers and Advertisement for Bid 1/1/89 New hauler Licenses Issued Pre -Program Promotions Initiated 2/1/89 Payment #1 Delivery of Recycling Containers/ Program Implementation Promotion 3/1/89 Distribution of Recycling Containers 3/13/89 4/1/89 5/1/89 6/1/89 6/15/89 7/1/89 8/1/89 9/15/89 Curbside Recycling Program Implementation Begun Yard Waste Program Implementation Begun Curbside Recycling Program In -Place to Qualify for 100% Capital Funding Initiation of Recycling Lottery Early Program Promotion - Ongoing Progress Report for Payment #2 Payment #2 Multifamily/Drop-Off Promotion - Ongoing Commercial/Industrial Promotion - Ongoing Development of Commercial/Industrial Reporting Mechanisms First Tonnage/Volume Estimates Haulers/Programs Program Revision Deadline Developing Program Promotion - Ongoing Progress Report for Payment #3 Due from Payment #3 County Deadline for Yard Waste Component In -Place Second Tonnage/Volume Haulers/Programs Estimates Due from 10/1/89 County Program Application Deadline - 1990 Program Reinforcement Promotion - Ongoing Progress Report for Payment #4 11/1/89 Payment #4 12/1/89 Winter Program Reinforcement Promotion - Ongoing 1/1/90 Lack of In -Place Program Results in County Implementation and Assessment to Community 1/15/90 1/30/90 Final 1989 Tonnage/Volume Certification Due from Haulers/Programs Community Annual Report - 1989 1 Guduet January 1,1989 to December 31, 1989 Pruvurn Amount Administrative Costs: Salaries $40,920 Consultant Fees Capital Costs (specify): 12.500 Containers 150,000 Resirlenti,,l Operations u Maintenance: Contracted Service, 9,000 L Thor IiIiipment Renal -.,pare Rental Utilities Postage 3,000 Printing 4,000 Other Advertising 5,000 Recycling Lottery 4,200 Performance Funding 26,712 Local Mtg & Reference 925 Commercial/Industrial Activities: Printing & Promotions 5,000 Performance Funding 5,000 Other Pro jrarns : $40,920 150,000 52,837 10,000 Tot,l1: $253,757 Anticipated Revenue: Community Share Other Funding (specify) Requested Funding From County: a -t -abates $27,445 226,312 $253,757 * Request may not exceed that amount shown on the 1laxirnurn Reimbursement Schedule. 1989 Recycling Budget Detail Program Administrative Costs: Expenditures Salaries and Overhead Solid Waste/Communications Coordinator (.75 of positions time) $28,000 X 1.4= $39,200 X .75 = Assistant to the City Administrator (.20 of position time) $41,140 X 1.4 = $57,596 X .20 = Revenues 1989 1990 1991 Capital Costs: Expenditures 12,500 $.90/household $.70/household $.50/household Recyclable Containers @ $12.00/container Revenues 1989-1991 $20/household for programs in place by 4/1/89 Residential Operations and Maintenance: Expenditures Contracted Services Recycle Minnesota Resources Contribution Household Hazardous Waste Collection Postage Printing Other: Advertising Recycling Lottery Local Meeting Expense Reference & Subscriptions Performance Based Funding to Recyclers $29,400 11,520 $14,400 11,760 8,820 $150,000 $320,000 Revenues 1989 9% abatement of 1730 tons @ 30/ton Commercial/Industrial Activities: Expenditures Printing and Promotions Performance Based Funding to Recyclers Revenues Basic Rate Total: Total Anticipated Revenue Community Share Requested Funding from County 0 $4,000 5,000 3,000 4,000 5,000 4,200 725 200 26,712 $51,912 5,000 5,000 10,000 $40,920 150,000 52,837 10,000 $253,757 27,445 226,312 e/3n9 • ' • Q-..‘ • vi... i S 3AN / .. ' —..... , •/ ,,„„ • . h < .„, "--- .1,, 1 ...... . s... . i• ,:l -, ',- !It . ' • < _ ••', . "-- '••,:-.-----=--"=; t ---V-. '1‘i •-.-- , 1 • . P . 2'7 '' ret ..-,t. .y..... P r \ 141 \ 'i L() ,•-• 0-; •;;, :1•••,-1.! 4.• •1. • • w A • • •L • - - , c c 1 a:•1:••••••••••iiii1M111111••••••• CURRENT Monday - Area 1 Wednesday - Area 2 Friday - Area 3 NEAR FUTURE (2 - 5 Years) Monday - Area 1 Wednesday - Area 2 Friday - Area 3 FUTURE FUTURE (5 - 10 Years) Monday - Area 1 Wednesday - Area 2 Friday - Area 3 SF, DUP, QUAD UNITS 3,615 5,305 2,480 4,113 5,698 3,764 4,795 6,148 4,776 Agenda Information Memo October 18, 1988, City Council Meeting VARIANCE/DON STEVENS FOR PARKING SPACES C. Variance, Don Stevens, Inc., for Parking Spaces/Setback Requirements Along Center Court for a Proposed Building Located on Lot 12, Block 5, Eagandale Center Industrial Addition --Don Stevens, Inc., has applied for a variance for a 20' building setback from a public street to allow a building expansion and reduction of parking stalls in Lot 12, Block 5, Eagandale Industrial Park. A 40' building setback and 42 parking stalls would be necessary; 27 are proposed. The site is on the corner of West Service Road and Center Court. For a copy of the Community Development Depart] ent, Planning Division report, refer to pages i;225 through ) S . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for a 20' building setback from a public street to allow a building expansion and reduction of parking stalls as required by code for Don Stevens, Inc. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: DON STEVENS, INC LOCATION: LOT 12, BLOCK 5, EAGANDALE INDUSTRIAL PK EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 18, 1988 DATE OF REPORT: OCTOBER 11, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPT, PLANNING DIV APPLICATION SUMMARY An application has been submitted requesting a Variance for a 20' building setback from a public street to allow a building expansion and a reduction of parking stalls required by Code. A 40' building setback and forty-two parking stalls would be necessary; twenty-seven are proposed. The site is on the corner of West Service Road and Center Court. Don Stevens, Inc. is a wholesale distributor of food service equipment. The existing 11,000 -square -foot building would increase to nearly 17,000 sq. ft. (3,700 sq ft. of office space and 13,165 sq. ft. of warehouse space) with a lot coverage of 34% in a 35% -allowable district. Currently, Don Stevens employs fourteen people and no more than twenty are proposed with the building expansion. The applicant states that three visitor/customer stalls are adequate for their needs. With this proposed expansion, additional landscaping and irrigation will be provided. If approved, this Variance shall be subject to all applicable Code requirements and; 1. A landscape plan shall be submitted with the building permit application; 2. All parking/drive areas shall have curb and gutter; and 3. No parking shall be allowed on West Service Road or Center Court. 0 1 H31NIJ 7Z Lel 41 0 • -, 6 9 o 3 Z 0 t4 • Z F a 0 0 r 1,42,411C7 Zotiltik 1--e j__At-117 I -14e .-444-1 1101 / I _,/,4 E•G:1,1:.41.! .r• r` '77v4 Pa)Li,7 k' I ) • r."1. • ; ws, • i • -1'7: :1011CPD N > ri'. —1 I ; — r nd. t u s pos., , t Agenda Information Memo October 18, 1988, City Council Meeting VARIANCE/DALE JOHNSON D. Variance for Dale Johnson for a 5' Variance to the Side Yard Setback on Lot 14, Block 3, Woodlands Addition --An application was submitted by Dale Johnson requesting a variance of 5' to the required 10' side yard setback to locate a home on his lot described as Lot 14, Block 3, The Woodlands Addition. For a copy of a memo stating the reason for the setback variance and location of the proposed house, refer to the Planning Department report, a copy is enclosed on pages R-7 through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 5' to the required 10' side yard setback as presented by Dale Johnson. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: DALE E JOHNSON LOCATION: LOT 14, BLOCK 3, THE WOODLANDS EXISTING ZONING: R-1 SINGLE FAMILY DATE OF PUBLIC HEARING: OCTOBER 18, 1988 DATE OF REPORT: OCTOBER 11, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Dale Johnson requesting a Variance of 5' to the required 10' side yard setback. COMMENTS: Lot 14, Block 3, The Woodlands Addition, has a 50' Williams Pipeline Co. Easement (Per Doc. #826207) running the entire length of the north property line. This easement substantially restricts the location of the home on the lot. The intended location of the home will meet or exceed all other setback requirements and will not be located within a drainage or utility easement. The applicant is requesting the Variance for the following reasons: 1. To accomodate a substantial private home and retain the intended character of the development with restrictions by the pipeline easement. 2. To preserve the natural beauty and trees on the lot. 3. To accomodate a walkout home with the least amount of disruption to the natural terrain and wilderness. If approved, this Variance shall be subject to all other Code requirements. 1�1 SURVEYOR'S CERTIFICATE 0 WOOD1"AN D R,50oG °"5° ROBERT ENGSTROM 81 ASSOC., INC. TRAI L 2 cn N co NN 135.47 50 f5.67 ' 50.00 0 50 / 22.33 / N W GAR o o/ w 5.0 10 03661 15.67 40 /'0 t / N rn '� 16.34 O o o / 4,0 pROPOSED H0US6 5'5711 0 OQ0 kr . . Q Q� — 0 5 0 N 0 16.50 0 22.0 0 OECK i ! W w 24.60 '1\ N co m lO 0 `\ ; 0 SHEET 2 OF 2 I FILE NO. FOLDER PROJECT NO. 88682 BOOK/PAGE 13 In O (n10 1 O N ti m IDRAWN BY N.P. VAUGHN Go 50 95.04 N 25°32'47" W 1 1 1-1- 1 -1-1 L_\J I 0 0 0 0 rf James R. Hill, inc. NNIS !ENGINEERS / SURVEYORS S• BLOOMINGTON, MN 55431 • 612-884-3029 t -the 1.46437 L.t -440 l$1 • CARRu6E rHILLS GOLF • Fr CWRSE 4GOLF' Agenda Information Memo October 18, 1988, City Council Meeting VARIANCE/BEST BRANDS E. Variance for Best Brands, Inc., 8' Variance to 40' Height Limitation in a Limited Industrial District --Best Brands, Inc., has made application for an 8' variance to the height limitation imposed in a limited industrial district. Enclosed on pages ) 3 ( through 1:5L/ is a copy of the Planning Department report which explains the reason for the variance and a site location map. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 8' variance to the height limitation imposed in a limited industrial district for Best Brands, Inc. ?j G CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: BEST BRANDS, INC. LOCATION: L 10, B 2, SIBLEY TERMINAL INDUSTRIAL PK EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 18, 1988 DATE OF REPORT: OCTOBER 12, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Best Brands, Inc. for an 8' Variance to the height limitation imposed in a Limited Industrial District. COMMENTS: The purpose for this Variance is to allow construction of the proposed 12' x 48' silo. The maximum height limitation in a LI (Limited Industrial) District is 40'. Best Brands is a bakery supplier and is currently undergoing expansion of their production facility. The installation of the silo is in conjunction with the expanded production facilities. Peabody TecTank, Inc. the silo manufacturer, manufactures and sells specific size silos. The 14' x 40' silo would increase the cost by $5,000. (See attached letter). The primary reason for needing the 12' x 48' is the 10,000 lbs. difference in capacity. Best Brands needs the capacity available with the 12' x 48'. If approved, this Variance shall be subject to the following conditions: 1. The silo must match building color and design. 2. A landscape plan shall be submitted and approved by staff with the building permit application. 1 AREA Of yEE 4;11 FLA At7OV ileaffe LEGAL DESCRIPTION Lot #10 of Block 2 of Sibley Terminal z z Industrial Park City of Eagan Z or ¢w U O J U wm J • E7ec-1- FIZA NVC7S 1 k i?. Co Y.41 I-1 le.a6 L SCALE:' Nor p I APPROVED BY 10/05/88 15:34 %Y316 421 9122 PEABODY TECTANK (j001 Peabody TerTank. In(. P.U. Box 9961 Parsons, Kansas 673571 Telephone 316 421-020111 TWX No. 510-740-1988 FAX 612/454-0062 October 5, 1988 Mr. Ken Malecha Best Brands 1765 Yankee Doodle Road St. Paul, MN 55121 Ref: Storage Tank PTT S.O. 6-81635 PeabdyTecTank Dear Mr. Malecha: The referenced tank is 12 ft. diameter by 48 ft. high. To utilize a 40 ft. tall tank would require a 14 ft. diameter. A 14 x 40 tank impacts not only design, but also freight costs. Peabody TecTank standard design and fabrication procedures require greater thicknesses of steel on ttie 14 ft. diameter, thus reflecting on cost. Transportation of the 14 ft. diameter tanks requires extra permits, escorts, and different routing which affects costs. The total estimated increased costs of a 14 ft, tank versus a 12 ft. diameter would be in excess of $5,000. Please advise if I can be of further assistance. Sincerely, 40.4„77,1:444/1L --- Bus Lasser OEM Accounts Manager BL/mb/07a pc: Shick Tube-Veyor Agenda Information Memo October 18, 1988, City Council Meeting VARIANCE/GLEN POND ESTATES F. Variance for Glen Pond Estates for Larry Wenzel, 10' Variance to the 10' Setback Requirements for Advertising Signs --An application was received from Larry Wenzel representing Glen Pond Estates requesting a 10' variance to the sign ordinance setback requirements. Enclosed on pages ____ through /3 is a copy of the Planning Department report that explains the reason for the variance and the site location. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 10' variance to the sign ordinance setback as requested by Larry Wenzel representing Glen Pond Estates. 13 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: LARRY WENZEL, GLEN POND ESTATES LOCATION: 1364 HIGH SITE DRIVE EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: OCTOBER 18, 1988 DATE OF REPORT: OCTOBER 12, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPT, PLANNING DIV APPLICATION SUMMARY An application has been submitted by Larry Wenzel for Glen Pond Estates requesting a 10' Variance to the sign ordinance setback. COMMENTS The applicant is going to relocate the existing on-site sign to a more visible location. The applicant's reason for the Variance is to move the sign from the low 10' setback area to a more visible area on the property line. If approved, this Variance shall be subject to all applicable Code requirements. L o�,aTor-1 ri/r Ly8+12 1-1:be 198-1 ki HINE PARK 1,'41 I - TAMARAC PT t- BINCM PT 3- N}MAT PT 1- 7.0.5T RIDGE 5- 6NONw'000 LN - REO7000 PT coauRy 7- - iPNVLL PT. YDNKE9 � ! TT—KT d CENTRE .-P11 VIOEEJ c{�cN+wL%r" 3 T 0 V) 0 m 0 O 0 0 0 M Parcel "A" 0 (2" Mime 0 z Loc-A-fit7t-1 2 0 S8_'t`,46'1,�7"W )86.4 c,0, — r w y -- v 0 1 '+ te_ ,' %-.S • V. .2‘13:53 N 89°46'17"c 8.67 • l . I I Eat G,RGr.I' II� aq0o w vt a:43°5"L per GA,: _most Westerly Corn er of Lot 1, Block 2, EFFRESS ADDITION 0 Agenda Information Memo October 18, 1988, City Council Meeting SPECIAL PERMIT/WILLIAM STASSEN G. Special Permit for William Stassen for Temporary Parking of a Mobile Home in an Agricultural District --The City received an application from William Stassen requesting a special permit to allow temporary parking for a residency of a fifth wheel travel trailer located at 670 Lone Oak Road from April 20, 1989 through October 31, 1989. For info mation prepay d by the Planning Department, refer to pages /'D through 1 Z_ . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special permit as requested by William Stassen to allow a temporary parking of a fifth wheel travel trailer located at 670 Lone Oak Road from April 1, 1989 through October 31, 1989. CITY OF EAGAN SUBJECT: SPECIAL PERMIT (RENEWAL) APPLICANT: WILLIAM STASSEN LOCATION: 670 LONE OAK ROAD EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: OCTOBER 18, 1988 DATE OF REPORT: OCTOBER 12, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted by William & JoAnne Stassen requesting a Special Permit to allow temporary parking for residency of a 5th wheel travel trailer located at 670 Lone Oak Road from April 20, 1989 to October 31, 1989. COMMENTS: The Stassens have been approved twice prior to this application, once in 1986 and again in April of 1988. The 1987 renewal was denied by the City Council at the August 4, 1987 meeting. The approximately eleven acre site is owned by Joseph Steininger who has his permanent residence there. The trailer is currently located 400' from the Steiningers home and approximately the same distance from the nearest neighbor. The trailer site has been improved to the extent that utilities have been installed. If approved, this Special Permit shall be in effect from April 1, 1989 through October 31. 1989. E0.12,T 27., R23 1. 0 •• i BERNARD H. LARSON COUNTY SURVEYOR DAKOTA COUN T Y, MINN. AUGUST, 1978 al ..110 0141110 •-••••..1 1010 HIGHWAY -.—•t• I -• NO. 060 26.. fo0 -10 t•a 020125 0180 0" 0 ttio - 1. k. I elf PIA .144 41 COP. A TE • *OM HIGH WA y • — „„ Z.Z1 1,4 4.4.11,1 31.• II. 4 .0 11 0 US C0 010 •0 10 0 OW03 I•t 0 3 goo- octo- to t NO. 55 0 0 0 0 0 ,422) /771 1.. 100 o 3800 - °Jo - to ; • ....ed. •ii..;•Cri o3goo- oto-snt 0 • .01.-:".111P • 03€0.910 - olo-o-2.. 303 7 • vtqC7-(111111• : N ,« ' N te_4•!.-; I Inproresgrrnr'r2 • - ,.....,,..: -- -- — ":14 ;',Le•TA''"Aqrs% , - : VA,rt,44-•.:Ne , ti.. . • 1,,Z...eAitif,"44...' 1 • 0-1 , - ••4 • 1. • r• q\N ,„q Agenda Information Memo October 18, 1988, City Council Meeting CONDITIONAL USE PERMIT/PIZZA HUT ON -SALE LIQUOR BEER AND WINE H. Conditional Use Permit for Pizza Hut to Allow On -Sale Liquor, 3.2 Beer or Wine in a CSC District for Lot 1, Block 1, Town Centre 70 9th Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 27, 1988, to consider a conditional use permit submitted by Pizza Hut for on -sale liquor, 3.2 beer and wine to be served at their restaurant location on the west side of Town Centre Drive in a CSC district. The APC is recommending approval. For additional information on this item, refer/t- the Planning Department report, a copy is enclosed on page /�. The APC minutes were unavailable for packet preparation, they will be included with Monday's Additional Information packet. The City Administrator discussed the 5% ownership regulation at a special meeting held on October 12 that applies to 3.2 beer and wine served in more than one restaurant that has the same owner with greater than 5% interest. An ordinance amendment addressing the 5% regulation and an application for 3.2 beer and wine at the Pizza Hut located on Lot 1, Block 1, Town Centre 70 9th Addition will be presented at the November 1, 1988 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow on -sale liquor, 3.2 beer or wine and a CSC district for Pizza Hut at Lot 1, Block 1, Town Centre 70 9th Addition. t -Lb CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PIZZA HUT LOCATION: LOT 1, BLOCK 1, TOWN CENTRE 70 9TH ADD EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 22, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Conditional Use Permit to allow on -sale liquor, 3.2 beer, and wine in a CSC distict located along the west side of Town Centre Drive at the nearly completed Pizza Hut restaurant that was approved earlier this year. If approved, this Conditional Use Permit shall be subject to all Code requirements and; 1. The City's police department shall complete/approve the liquor license investigation. C3 't.&,:. ;... /^" 4, \\ .;j Sl:; 7.• Agenda Information Memo October 18, 1988, City Council Meeting CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR EAGAN CENTER ASSOCIATION I. Conditional Use Permit for Eagan Center Association to Allow On -Sale Liquor, 3.2 Beer or Wine in a CSC District for Lot 3, Block 1, Thomas Lake Center Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 27, 1988 to consider a conditional use permit application submitted by the Eagan Center Association for Lot 3, Block 1, Thomas Lake Center, to consider on -sale liquor, 3.2 beer and wine in a proposed sports bar restaurant facility. The APC is recommending approval. For, a copy o the Planning Department report, refer to pages i t t CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: EAGAN CENTER ASSOCIATION LOCATION: LOT 3, BLOCK 1, THOMAS LAKE CENTER EXISTING ZONING: CSC WITHIN BLACKHAWK PARK PD DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 20, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION APPLICATION SUMMARY An application has been submitted requesting a Conditional Use Permit to allow on -sale liquor, 3.2 beer, and wine in a CSC (Community Shopping Center) -zoned district within the Blackhawk Park Planned Development. The proposed "sports bar"/restaurant facility is located on the northwest corner of Cliff and Thomas Lake Roads. SITE PLAN The building will be constructed primarily of brick and have a gabled entry area matching that of the existing strip center in the southwest corner. An outdoor dining area will be provided along the south side also. This 8,000 -sq. -ft. facility will seat 270 and require 90 parking stalls. When the Thomas Lake Center was replatted in 1987, each lot was reviewed conceptually to ensure that the requirements for each lot could be maintained. This restaurant lot provides 57 stalls with the remaining to be shared with the main parking lot for the strip center. At this point, the amount provided meets Code requirements. However, when the last lot (lot 4) is developed, the overall parking situation will need to be carefully reviewed. A low traffic generator will"be desirable. All building and parking setbacks and lot coverage meet Code requirements. A pylon sign was approved for this lot with the overall signage program last year and the landscaping was installed with the initial development. GRADING/DRAINAGE/EROSION CONTROL: The proposed site was previously graded with the initial development of the Thomas Lake Center. The development is proposing to cut an additional 1 to 2-1/2 feet over almost the entire site for site development. The development is proposing grades in the parking lot as high as 5.88%. Staff recommends the development look into the feasibility of raising his entire site plan approximately 1 foot. Raising the site approximately 1 foot would minimize those areas with the 4 to 5% proposed parking lot grades. By raising the site approximately 1 foot, the ground cover on the proposed sanitary sewer service to the building increases accordingly. Staff anticipates that no major erosion and sediment control issues will arise if the following practices are implemented: 1. Silt fence to contain sediment on the property and out of the storm sewers. 2. Gravel construction entrance pad to minimize tracking of mud onto the roads. UTILITIES: Sanitary sewer and water main of sufficient size and capacity is readily available to serve this development. Staff recommends that the development insulate its proposed sanitary sewer service on the top as well as the sides because of the shallow depth proposed. The water service is acceptable as shown on the utility plan and also a pressure reducing valve will have to be installed within the building. STREETS/ACCESS/CIRCULATION: Street access to the site is readily available from the easterly adjacent Thomas Lake Road. The development is planning to take street access from the existing Thomas Lake Center entrance road in three locations along its northerly boundary. The most easterly of the three northerly entrance points is intended to serve as the employee/service entrance. On the west side the development is proposing to utilize the existing parking area which was developed with the initial development of the Thomas Lake Center complex. EASEMENTS/RIGHTS-OF-WAY/PERMITS: Sufficient right-of-way for Cliff Road and Thomas Lake Road were dedicated with the initial platting of the Thomas Lake Center development. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS: A search of City special assessment records show the property has fulfilled all the appropriate assessments associated with previous street and utility construction. kL-(1 THOMAS LAKE CENTER CONDITIONS 1. Cross easements for parking shall be provided. 2. The City's police department shall complete/approve the liquor license investigation. 3. All signage shall be subject to the one-time fee of $2.50 per square foot. 4. All employee parking shall be behind the strip center facility. 5. The development shall dedicate all public right-of-way and temporary slope easements for the ultimate development of the adjacent roadways as required by the the appropriate jurisdictional agency. 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 building permit issuance. 7. The development shall be responsible for acquisition of all regulatory agency permits in the time frame required by the affected agency. 8. The development is required to revise its grading plan to direct the site generated storm water run-off into an internal storm sewer system which in turn is conveyed to the existing City storm sewer system. 9. The development is required to intercept all site generated storm water runoff into an internal storm sewer system and convey the runoff to the existing City storm sewer system. adOal -TAy 1 5V140Hl • T41rIiITTJC 0 r� L C.- -Ata al0.LN•gv ,v1-1041 a U 0 ' O z t �^ N /S I r 1' ,11 1 ,-iI t :In ;1r: 1 ,1�1 1 •'i r UTILITY NOTES: BENCHMARK Y 1 i :S el sy a y1. ! C i i i •7 ). 4:8 3 l W LII V l P. 3 ; N A g� 4 i I. 1 o 1 U1 N , avoa 3)4V-1 SV OHI • 1 r1 • tt '�aI • • SPORTS BAR 11 MN v: 1■' MINIM 41fl AMIN 13 11111 1/0,11/1 f / LIMO". 11.31311.30•1111 /57-' u , O O cc Agenda Information Memo October 18, 1988, City Council Meeting CONDITIONAL USE PERMIT/SUPERIOR PAINT AND COLLISION J. Conditional Use Permit for Superior Paint and Collision to Allow a Pylon Sign on Lot 1, Block 1, Barton-McGray Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 27, 1988, to consider an application for a conditional use permit to allow a 25' tall exterior lighted pylon sign adjacent to north bound Highway 13 for Superior Paint and Collision. The APC is recommending approval of this item. For additional information, refer to the Planning Department report, a copy is enclosed on pages (,S � through J K The APC minutes were unavailable in time for packet preparation; they will be distributed with the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny a conditional use permit for Superior Paint and Collision to allow a pylon sign on Lot 1, Block 1, Barton-McGray Addition. 53 CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: SUPERIOR PAINT & COLLISION LOCATION: LOT 1, BLOCK 1, BARTON-MCGRAY ADDITION (NE 1/4 OF SECTION 19) EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 19, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION APPLICATION SUMMARY An application has been submitted requesting a Conditional Use Permit to allow a 25 -foot -tall, exterior, lighted pylon sign adjacent to northbound Highway 13 for Superior Paint and Collision. Last year a Conditional Use Permit was approved for the use on this site and the owner hopes to move into this building in October. The sign contains 75 square feet per side and Code allows 125 square feet. This sign needs to be moved to the north to meet the Code requirement of 300 feet between pylons. CONDITIONS 1. This sign shall be subject to all Code requirements. 2. The sign shall be subject to the one-time fee of $2.50 per square foot. 3. The sign shall be moved to the north so that it is 300 feet from the U -Haul pylon sign. k Agenda Information Memo October 18, 1988, City Council Meeting CONDITIONAL USE PERMIT/PROEX PHOTO SYSTEMS K. Conditional Use Permit for Proex Photo Systems to Allow a Drop-Off/Drive Through Facility in the Cedar Cliff Commercial Park 4th Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 27, 1988, to consider an application for a conditional use permit to allow a night drop-off box as submitted by Proex Photo Systems at a building located between Scott Trail and Cliff Drive on the north side of Cliff Road. The APC is recommending approval. For a copy of the APC report on this item, refer to page 755. The APC minutes were unavailable for distribution with the packet; they will be included with the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow a night drop-off box for Proex Photo Systems at their location between Scott Trail and Cliff Drive on the north side of Cliff Road. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: PROEX PHOTO SYSTEMS LOCATION: LOT 1, BLOCK 1 CEDAR CLIFF COMMERCIAL PARK 4TH ADDITION EXISTING ZONING: PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 20, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Conditional Use Permit to allow a night drop-off box at the nearly completed building located between Scott Trail and Cliff Drive on the north side of Cliff Road. This drop box will be a low traffic generator and the day-care facility to the north will separate this buiding from the adjacent duplex area. The Conditional Use Permit was processed in order to be consistent with other drive- through facilities such ,as banks and fast-food restaurants. If approved, this Conditional Use Permit shall be subject to all applicable Code requirements. MEADOWLAND I('/ PARA i 1 / .55 Agenda Information Memo October 18, 1988, City Council Meeting CONDITIONAL USE PERMIT/OPUS CORP./DART TRANSIT L. Conditional Use Permit for Opus Corporation/Dart Transit to Allow Outside Storage in an LI District, a Pylon Sign and a Variance for a Building Setback on Lots 1 - 10, Block 1, Eagandale Center Industrial Park 43 and Lots 2 and 5, Block 1, Eagandale Center Industrial Park #4--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 27, 1988, to consider a conditional use permit application submitted by Dart Transit to allow outside storage of tractors and trailers at the national headquarters of Dart Transit Inc. The APC is recommending approval. For additional information, refer to the Planning and Engineering Department reports, copies are enclosed on pages /S7 through The developer has questioned the appropriateness of conditions #1 and 3 in the staff report regarding their application for this Conditional Use Permit. After reviewing the purpose and intent of the Conditional Use Permit process and meeting with the developer, the City Administrator, City Attorney and Director of Public Works support the developer's contention that conditions #1 and 3 may not be appropriate for consideration of approval of this Conditional Use Permit application. The APC minutes were not available for packet distribution; they will be included as a part of the Additional Information packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow the Opus Corporation/Dart Transit an outside storage building in an LI district, a pylon sign and a variance for a building setback on Lots 1 and 10, Block 1, Eagandale Industrial Park #3 and Lots 2 - 5, Block 1, Eagandale Center Industrial Park #4. (s� CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DART TRANSIT LOCATION: NE 1/4 OF SECTION 11 EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: SEPTEMBER 27, 1988 DATE OF REPORT: SEPTEMBER 22, 1988 REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage of tractors and trailers for the national headquarters of Dart Transit Inc. Currently, they are located in the University Avenue/Highway 280 area of St. Paul and need to relocate to Eagan as soon as possible since the existing location will be converted to a helicopter landing area serving area hospitals. Dart Transit is a 50 year old family managed business that employs 120 office workers in a totally computerized owner to dealer district delivery system. No freight will be handled at this facility, only the pick up and drop offs of trailers. Dart owns 1,700 trailers and about half as many tractors throughout the country and although 50% of the drivers are from Minnesota and Wisconsin, only 4% of the total mileage is in Minnesota. In August 1980, the company completed 10,000 loads. A secondary building on site will be used for washing and minor maintenance only, such as brake jobs. Any major repairs will be performed off site. SITE PLAN: The headquarters building will be constructed of brick and contain 40,000 sq. ft. on two levels. Drivers will pick up their routing slip in the southeast corner of the building and may pick up or drop off a trailer. The parking layout is well done, separating the office area from the tractor area. Strict code parking requirements call for 213 stalls and 173 have been provided with ample area for expansion. The site is surrounded by LI zoning, but two single family homes are directly to the north. The headquarters building will be constructed two feet from that line since it is anticipated that these homes will be removed with the Lone Oak Road improvements scheduled for 1990. The NSP transmission site, National Minerals Corporation, and Northstar Transfer abut to the west and Sparks Saloon is to the south. The long-term circulation plan proposes a frontage road connecting the Lone Oak Road access points to Hwy. 149 just south of Hwy. 55. This will help relieve congestion at the Lone Oak/Hwy. 55 intersection in the future. The landscape plan submitted retains much of the existing second growth material along the eastern property line adequately screening the storage area. Additional material has been added, trying to create a native conditions feeling. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application proposed cut and fill areas ranging from 6'+/- to 13'+/-, respectively. The development is proposing to construct a 4' - 10' high retaining wall along the north property line of the development. The development is also proposing retaining walls in three other areas ranging in height from 3' - 10'. The development will be required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and approval. The development is proposing to convey the site generated storm water runoff to the existing 36" storm sewer which lies within the platted right-of-way for Apollo Road. The City's Comprehensive Storm Sewer Plan identifies this entire area as being tributary to proposed Pond EP -4A. The development will be required to convey all site generated storm water runoff to Pond EP -4A prior to discharge into the existing 36" City storm sewer system in Apollo Road. Pond AP -4A is designed to handle the direct runoff from 19 acres of the proposed development and 3 acres from the adjoining Starks Half -Way House (Parcel 010-26) and the future flow from Pond AP -4B (storage volume 4.2 acre/feet, maximum discharge 11.77 cfs). Pond AP -4A is reguired to have a storage volume of 3.9 acre/feet with a maximum allowable discharge rate of 22.7 cfs. According to the site plan submitted for review, the existing bituminous parking area for Starks Half -Way House encroaches on the area proposed to be graded for Pond EP -4A. The development will be required to work with the southeasterly adjacent property owner (Starks Half -Way House) to assure that the storm water runoff from the adjacent property is adequately conveyed to Pond EP -4A. An erosion and sediment control plan was not submitted as a part of this application. The following comments are based on the preliminary grading and utility plan. The following general criteria are required to be satisfied in an erosion control plan prior to issuance of a grading permit or building permit whichever occurs first: GC -1 and GC -2: Temporary and permanent vegetation, GC -3: Protection of adjacent properties, GC -4: Construction scheduling, GC -6: Cut and fill slope areas, GC -9: Inlet protection, GC -12: Construction access routes, and GC -13 and GC -14: Deposition and maintenance. UTILITIES: Sanitary sewer service of capacity is readily available to the site existing sanitary sewer in Apollo Road was the Eagandale Center Industrial Park project. sufficient depth and in Apollo Road. The provided as a part of #3 - sewer extension Water main service of sufficient pressure and capacity is readily available on three sides of the development. The development is proposing to connect the existing 16" water main on Lone Oak Road and loop through the development to the existing 12" water main on Apollo Road. `D% STREETS/ACCESS/CIRCULATION: Street access to this site is readily available from County State Aid Highway #26 (Lone Oak Road) on the north and State Trunk Highways #149 and #55 on the east. Dakota County has a project proposed in the 1990 Capital Improvement Program to reconstruct Lone Oak Road along the northerly boundary of the proposed development. The proposed upgrade of Lone Oak Road is to be a 4 -lane divided highway with left -turn lanes at the major intersections. The left -turn lane for the intersection of Lone Oak Road at T.H. 55 will require approximately 480' from the beginning of the turn lane to the stop line at T.H. 55 in order to adequately handle anticipated traffic volumes. According to Dakota County, the two driveway locations requested along Lone Oak Road are too close to T.H. 55 to safely provide median openings. The proposed driveway access points on Lone Oak Road are anticipated to be limited to right -in right -out traffic movements. Dakota County is presently not in the position to assure the development that median access (left turns) for these driveways when Lone Oak Road is upgraded in the future. The proposed access onto State Trunk Highways #149 and #55 is subject to review andapproval by MnDot. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development will be required to dedicate utility easements for the water main connection between the existing water mains in Lone Oak Road and Apollo Road and for the storm sewer lines which drain public right-of-way or serve more than one potential ownership. The development will be required to provide the appropriate ponding easement for Pond EP -4A to incorporate the required high water level and storage volumes requirements in accordance with the City of Eagan's Comprehensive Storm Sewer Plan. All regulator-.• agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS: City records show no pending assessments of record and the following assessments are proposed as a requirement of site development in accordance with special assessment policies in effect at this time: PROJ # DESCRIPTION RATE QUANTITY AMOUNT 999 Lone Oak Road $111.70/ff 570.15 $63,686 Upgrade 999 Lone Oak Road 13.00/ff 570.15 7,412 Trailway TOTAL PROPOSED ASSESSMENT $71,098 All final assessment obligations will be calculated based on the quantites and dimensions of the existing recorded plat of Lots 1 through 10, Block 1, Eagandale Center Industrial Park #3 and Lots 2 through 5, Block 1, Eagandale Center Industrial Park *4 and in accordance with the rates in effect at the time of the granting of the conditional use permit. �2o CONDITIONS: 1. The development is required to accept its additional assessment obligations as defined in the staff's report in accordance with the recorded plat dimensions and the rates in effect at the time of the issuance of the requested conditional use permit for development. 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 capacities of all required public utilities and streets' beyond the boundaries of this proposed development, 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 as necessitated by the City's storm water storage volume requirements. 5. 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 that have been approved by staff prior to building permit issuance. 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 issuance of a grading permit or building permit issuance, whichever occurs first. 7. If any public improvements are to be installed under a City contract, that appropriate project must be approved by Council action prior to building permit issuance. 8. The development shall be responsible for acquisition of all regulatory agency permits in the time frame required by the affected agency. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and approval prior to building permit issuance. 10. The development will be responsible for lowering the existing water main as necessitated by the proposed site grading to maintain a minimum 7.5 feet of ground cover. DART TRANSIT CONDITIONS: 11. The development will be responsible for the adjustment of all existing utility appurtenances as necessitated by the site development. 12. All site generated storm water runoff is required to be conveyed by storm sewer system to Pond EP -4A prior to discharge into the existing City storm sewer system. 13. Additional catch basins are required for the south parking lot for the headquarters building and the south parking area for the safety lane building. 14. All signage shall be subject to the one time sign fee of $2.50/sq. ft. 15. A landscape plan provided on a grading plan shall be approved prior to the issuance of a building permit. 16. The parking amount shall be approved as per the site plan. 17. The building setback of 2' on the north property line shall be approved. 1 55 AC \17 _ABS. 36 I.35 AC wA74 3c OUTLOT '�� 15 EXCEP 1 1 1 16N C.O.M.B. 14,1 .. \ EXCEPTION NSP 7 3 %et \\ 60 AC Vita546 - "?�✓ 19 5.62 AC A24 1.73 AC 20 739 21 a AC 27 26 2.56 AC A:9 ♦ C ♦ •• ` ♦ • • Ao 1.77 AC 23 4.15 AC A25 22 7 171 AC 1.i 8 25 205 AC \'Y 1.75 AC X24 22 • • ♦ 63 ACS A6 69 .AC. Al 1'l 10 69 AC; AS 1 1 '-9 AC� A9 9 21 3 149 ". "-•:` ' - - 77 023. / 63 43 . A01 \<-", • 'A,: • ii f.* 1 r A SITE SECTION 8 : B 611 SS SA1.1004 ownne sul1V100V*1 ON11111. 1101-3VV1N07 0111,1 .111,11 74101111. 1141,11.111VS CVOilroll .100S SITE SECTION C : C 61, 1 55 SAY.0/1 011.11111r11 0 °00u., INnt oos Lri Agenda Information Memo October 18, 1988, City Council Meeting ADDITIONAL. ITEMS REVIEW TRAILWAY MAINTENANCE POLICY A. Review of City Sidewalk/Trailway Maintenance Policy -- The City has been requested by I.S.D. *196 to review its present policy pertaining to sidewalk and trailway maintenance throughout the City. Public Works and Park Department personnel have met several times with school district representatives and reviewed the overall program to present a report for Council consideration in responding to the school district's request for winter maintenance of trailways providing access to their various facilities within the City. It is anticipated that this staff report will be distributed with the Administrative packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To review and reaffirm/revise the current policy regarding maintenance of sidewalks and trails within the City. Enclosed on pages and ( 7� is a letter from a resident on South Hills Driv who is opposed to the City plowing sidewalks and trails. /i?P c.)/- Li-e=--e�� (2 2( 4a2_(;) CIS 1(9 /-/Le / .� L' .L` c4 'ti 37 ys ,fc ti .�L, cAy 5-77J -72 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 14, 1988 SUBJECT: INFORMATIVE METROPOLITAN COUNCIL PRIORITY PROJECTS City Administrator Hedges attended the Metropolitan Council's regional meeting in Rosemount Tuesday, October 11, 1988, and heard Steve Keith, Chairman of the Metropolitan Council present the Council's 1989 priority projects. Attached on pages/-7:2- through ages/'through J 7 3 is a copy of his program. STATUS REPORT FOR ASSISTED HOUSING/COMMUNITY DEVELOPMENT Enclosed on pages 014 through/ --).s is a copy of the status report for September 1988 for assisted housing and community development as provided by Mark Ulfers, Executive Director of the Dakota County HRA. EAGAN FIRE DEPARTMENT MONTHLY REPORT/AUGUST Enclosed on pagel7(e is a copy of the Eagan Fire Department report for the month of August 1988. PROTECTIVE INSPECTIONS MONTHLY REPORT/SEPTEMBER Enclosed on pages / 7 7through (() is a copy of the Protective Inspections monthly report for September 1988. AMM 1989/1990 LEGISLATIVE POLICY Enclosed without page number is a copy of the 1989/1990 legislative policy for AMM. Please review this document and if any member of the Council would like to attend the membership meeting scheduled for Thursday, November 3, 1989, notify this office. REACTION COMMITTEE/COMMUNITY CENTER Enclosed without page number in each packet is a copy of a map identifying each member of the reaction committee. Their first meeting was held on Thursday, October 13, at the Trapp Farm Community Room. The map indicates where each committee member resides within the community. Any recommendations for residents in north Eagan, the east -central portion of the community and west, southwest part would be helpful. An additional 8-10 residents would be helpful in rounding out the committee. /s/ Thomas L. Hedges City Administrator METROPOLITAN COUNCIL'S 1989 PRIORITY PROJECTS The Council's proposed 1989 work program and budget includes six priority projects. A brief description of each follows: o Planning for the 21st Century. Anticipate and define future regional issues through an ongoing strategic planning process. Develop and implement a process to achieve a multi-year program planning schedule for the Council. Provide assistance to other organizations in the region, especially local governments and regional agencies, to help them with environmental scanning and strategic planning efforts. o Solid Waste Management. Lead the region to establish a solid waste system that protects the environment and is economically responsible. Adopt a revised regional solid waste management plan providing policy direction for 1990-2010. Provide leadership and assistance to counties, cities and private entities in providing the facilities, programs and services necessary to implement the regional plan. Review policies, permits, contracts, ordinances and plans to encourage effective decision- making and system implementation. Prepare thorough environmental reviews for proposed facilities and study emerging environmental issues. Work with others in developing compatible solutions to regional and state-wide solid waste management needs. o Water Quality and Water Resource Management. Maintain water quality throughout the region. Implement the first year of a five-year nonpoint source pollution control program starting with the Minnesota River. Identify need for changes in the planning, implementation and regulatory systems. Assess physical problems and seek implementation of solutions. Continue to develop research -based solutions to the urban runoff pollution problem and lake quality problems. Direct regional sewer policy through the Metropolitan Waste Control Commission implementation plan. Define, through public involvement processes, the purposes for which the water resource is to be managed. Identify shortcomings of existing institutional structures and define the role of the Council. Review watershed plans, environmental assessment worksheets and impact statements, and local comprehensive plans to implement Council policies. o Transportation. Develop a balanced transportation system to satisfy the long-term social and economic goals of the region. Support the Regional Transit Board (RTB) and other agencies in developing new transit strategies to ensure implementation of the Transportation Policy Plan. Ensure incorporation of regional values, goals and policies of the regional plan in implementation of the metropolitan highway system. Ensure regional coordination and provide focus for land development issues through participation in light rail transit planning with the RTB, regional railroad authorities, local units of government and the private sector. Continue to provide a regional forum for discussion of transportation funding strategies to implement the regional plan. Maintain the transportation forecasting capabilities of the region to better predict future transportation needs and the impacts of changing travel behavior. Participate and provide technical support in special studies affecting the regional transportation system. o Long -Term Airport System Planning. Improve the region's ability to meet air travel and economic development needs in a manner consistent with appropriate land uses. Monitor and evaluate socioeconomic and environmental impacts of airport system development and operations. Implement short- and long-term strategies for the airport system consistent with Council policies resulting from findings of the long-term adequacy study of Minneapolis -St. Paul International Airport. o Human Resource Policy Study and Framework Development. Complete phase I and develop and implement phase II of the human resources public policy process. The process, overall, will provide general direction for dealing with regional human resource issues requiring region -wide, cross - disciplinary approaches to their resolution, and leading toward the eventual development of a human resource framework. Maintain ongoing internal and external communication activities, providing information about the project and opportunities for staff, advisory committees, and stakeholders to participate in development of the framework. rJ3 ASSISTED HOUSING Status Report for Dakota County** September, 1988 Amount of Elderly Family Total (+/-)* Section 8 Existing: Certificates 360 1,184 1,544 -11 Vouchers 86 224 310 +11 Moderate Rehab 4 21 25 0 Section 8 New Construction 247 300 547 0 Low Rent Housing 380 200 580 0 235 Home 0 41 41 0 236 Rental 0 526 526 0 TOTAL ASSISTED HOUSING 1,077 COMMUNITY DEVELOPMENT 2,496 3,573 0 Amount Commercial/ of Elderly Family Multifamily Total Increase MHFA Local Participation 0 3 0 3 0 MHFA Home Improvement Loan 33 171 0 204 0 MHFA Home Rehab Loan 65 76 0 141 0 MHFA Home Energy Loan 10 127 0 137 2 Rental Rehab 38 49 5 92 0 CDBG Rehab Loan 89 174 0 263 0 CDBG Rehab Loan - Mobile Home 1 20 0 21 0 MHFA Solar Bank Energy Loan 0 8 0 8 0 312 Loan - Residential 4 15 0 19 0 312 Loan - Commercial/ Mixed Use N/A N/A 3 3 0 Weatherization 363 1,453 0 1,816 12 TOTAL COMMUNITY DEVELOPMENT 603 2,096 8 2,707 14 * + = Increase/- = Decrease ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. Status Report for the City of Eagan September, 1988 ASSISTED HOUSING Amount of Elderly Family Total (+/-)* Section 8 Existing: Certificates 32 232 264 -2 Vouchers 10 73 83 +1 Section 8 New Construction 0 33 33 0 Low Rent Housing 0 18 18 0 236 Rental 0 144 144 0 TOTAL ASSISTED HOUSING 42 500 542 -1 COMMUNITY DEVELOPMENT Amount of Elderly Family Total Increase MHFA Home Improvement Loan 2 13 15 0 MHFA Home Rehab Loan 3 3 6 0 MHFA Home Energy Loan 1 10 11 0 CDBG Rehab Loan 1 5 6 0 Weatherization 5 66 71 0 TOTAL COMMUNITY DEVELOPMENT 12 97 109 * + = Increase/- = Decrease I') 0 �A6AN uLrAx|r/Ew/ MUNTHL� REPORT FOR Ciugust, 1988 TYPE WORK PERFORMED M Fire/Rescue 991__ Training 643_ -- Truck & Equipment Maznt' 199 Station Maintenance Fire Prevention Administrative 147 46 IOTAL liANPOWEF';. STATION #3 Available Nights s 15 _____1�___ 18__ Available Days 4 Available Days u Nights__ 4 4 Available Rotating __-____1___ 3 On Leave ' 0_-- 1 �} Rookies _ 0 0 FIRE/RESCUE TYPE Structure Grass Vehicle False Medical Other DATE NA.ME 8/12/88 TOTAL 7 11 _20 7 TO(AL _52 1'5 500 29 $ LOSS 1639 Sherwood Way $15°000 \n F -Monthly -Report 11/87 PROTECTIVE INSPECTIONS MONTHLY REPORT - NUMBER OF PERMITS ISSUED Electrical Plumbing HVAC SEPTEMBER 1988 THIS MONTH YEAR-TO-DATE 159 1,328 96 761 84 1,009 Water Softener Signs Well, Cesspool, Septic Tank YTD 37 111 26 133 0 8 NATURE OF BUILDING PERMITS ISSUED MONTHLY `�� TYeE NO. VALUATION PERMIT FEE ,PLAN REV FEE TOTAL FEES 13 FOUNDATION 2 ; $ $ 83.00$ $ -83.00 537 SINGLE FAMILY 56 1 5,652,000 31,916.00 15,958.00 151,277.50 26 DUPLEX I 0 48 TOWNHOUSE 14 1 1,046,000 6,618.001 3,309.00 35,596.50 4 'CONDO 0 1 0 APT BLDGS I 0 0 E AGRICULTURAL 0 I i 22 !COMMERCIAL 41 3,951,000 12,480.001 6,240.00 70,803.50 63 COMM/IND REMODEL 91 369,00d 2,198.001 865.00 6,668.50 4 1COMM/IND ADDITION f 11 136,0001 692.001 346.00 1,106.00 2 INDUSTRIAL 0 1 0 ►INSTITUTIONAL 1 7 IPUBLIC FACILITIES 11 25,839,004 59,212.00 5,254.00 303,288.00 13 RES. GARAGES 41 28,004 328.00 344.00 48 RES. ADDITIONS 41 52,0011 516.00 176.00 719.00 32 SWIM POOL 1 1 282 MISCELLANEOUS 281 57,60 944.00 1 976.00 1 DEMOLISH 0 1 2 HOUSE MOVES 0 1 1,104 MO. TOTALS 123 I 37,130,60i 11 114,987.00 32,148.001 570,862.00 - 1 ADJUSTMENTS (+ sur- (-haw ) 1 20.00 1,103 YEAR-TO-DATE 117,376,036 520,380.00 225,872.501 2,507,817.10 `�� PROTECTIVE INSPECTIONS - MONTHLY REPORT DATE SEPTEMBER 1988 MULTI -FAMILY BREAKDOWN - TYPE MO. # OF MO. # OF PERMITS BUILDINGS YTD # OF BUILDINGS MO. # OF UNITS YTD. # OF UNITS # OF PERMITS VOIDED # OF UNITS MOVED IN DUPLEX 13 26 3-PLEX 1 3 4-PLEX 8 2 12 8 48 5-PLEX 6-PLRY 6 1 3 6 18 7-PLEX 8-P LEX 10-PLEX 12-PLEX 16-PLEX APT. BLDG. 1 OTHER TOTAL: j 14 3 29 14 95 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWNS DATE SEPTEMBER 1988 BLDG. 1 1 1 1 PERMIT # I ADDRESS & LEGAL 1 OWNER 1 VALUATION 1 OCCUP. 15597 I LBRADDOCKTR 1 IND. SCH DIST 196 1, LI, , B11,,EAGANN H.S. ADD. 1 $ 25 ,839000 'HIGH SCHOOL 1 3440 FEDERAL DR 1 1 1 15609 1 LI, B1, BICENTENNIAL 5TH 1 NOONEY MGMT 1 136,000 'COMM ADD 1 1355 TOWN CENTRE DR / 1 1 15630 1 L1, B1, TOWN CTR 70 10TH ' ESBERG CORP I 846,000 'COMM NEW 15560 1 1960 CLIFF LAKE RD 1 R 1 1 1 L2. B1. CLIFF LAKE CTR 1 H. ASSO. 1 1,135,000 'COMM NEW 15561 1980 CLIFF LAKE RD 1 RHC ASSOC ' 1,751,000 (COMM NEW 1 L2, BI, CLIFF LAKE CTR 15645 1 855 APOLLO RD 1 1 1 1 L4-6, B2, EAG CTR IN PK #1NAT'L MINERAL CORPi 219,000 'COMM NEW 1 1440 DUCKWOOD DR I EAGAN MEDICAL I 1 15652 1 LI, BI, PONDVIEW ADD 1 BLDG PARTNERSHIP I 235,000 1 INT. IMPR 15579 I 1230 EAGAN IND RD 1 1 1 1 L1-4, B3, EAG CTR IND PK1I OPUS CORP 1 49,000 TINT. IMPR. 15580 1 1 1 1 1 1 46,000 1 1 INT. IMPR. 15635 1 L14, B3, MCKEE 1ST ' LEROY BEVER 1 2850 LEXINGTON AVE 1 1 1 1 11,000 'INT. IMPR. 15659 1 L1, Bi, BICENTENNIAL 5TH I NOONEY MGMT CO I 8,000 IINT. IMPR. 1 3440 FEDERAL DR 1 1 a 15595 1 L6, B1, KNOB HILL PROF PK 1 KNOB HILL PROF PKI 7,000 1INT. IMPR. 14151 KNOB DR 1 1 1 15660 14625 NICOLS RD 1 1 1 1L2, B1, DURNING'S ADD ' JAMES DURNING 6,000 TINT. IMPR. 15598 13259 TERMINAL DR 1 1 1 1 L061, B1, SIB TERM IND PK 1 HENNING—ROHDE 1 4,000 TINT. IMPR. 15626 12110 CLIFF RD 1 1 1 L12, B3, SECT. 31 1 WAYL RADIO i 3,000 'INT. IMPR. 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROTECTIVE INSPECTIONS MONTHLY REPORT - NUMBER OF PERMITS ISSUED Electrical Plumbing HVAC Water Signs THIS MONTH 133 SEPTEMBER 1987 YEAR-TO-DATE 1,500 73 884 04 1 109 Softener 35 155 15 103 Well, Cesspool, Septic Tank YTD 6 13 NATURE OF BUILDING PERMITS ISSUED MONTHLY TYPE NO. VALUATION PERMIT FEE ' PLAN REV FEE TOTAL FEES 17 FOUNDATION 4 $ 60.00 $ 60.50 529 SINGLE FAMILY 57 $ 5,558,000 27,976.00 $ 13,934.00 141,703.50 44 DUPLEX 2 110,000 692.00 346.00 4,497.00 88 TOWNHOUSE 0 3 CONDO 0 8 APT BLDGS 0 0 AGRICULTURAL 0 27 COMMERCIAL 2 3,018,000 8,136.00 4,068.00 40,719.00 88 COMM/IND REMODEL 9 163,700 1,295.60 538.05 1,917.65 7 COMM/IND ADDITION 1 153,000 662.50 331.25 1,070.25 1 INDUSTRIAL 1 535,000 1,799.75 900.00 2,967.25 0 INSTITUTIONAL 0 5 PUBLIC FACILITIES 3 5,590,000 13,930.50 6,965.25 82,423.75 41 RES. GARAGES 9 44,470 609.00 60.75 700.75 29 RES. ADDITIONS 3 41,000 357.50 139.00 518.50 16 SWIM POOL 245 MISCELLANEOUS 34 291,360 2,632.70 64.25 2,912.20 2 DEMOLISH 2 HOUSE MOVES - 1 ADJUSTMENTS 1,15. TOTALS 125 15,504,530 58,151.55 27,346.55 279,490.35 YEAR-TO-DATE 122,734,617 502,563.88 238,989.05 2,737,316.93