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09/07/1993 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 7, 1993 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 04 1 1. Request to Change Ordinance to Permit Private Firing Range �� 2. Request to Change Ordinance to Permit Indoor Splatball IV. 6:55 - CONSENT AGENDA (PINK) t' , ILA. PERSONNEL ITEMS 11 B. LICENSES, Plumbers let C. FINAL PLAT, Signal Point 'a t D. FINAL PLAT, Deerhawk Addition 3 E. FINAL PLAT, Best Brands .,,,,v5 F. PROCLAMATION of October as Toastmasters Month C. AUTHORIZE Lease Purchase Acquisition of New Copy Machine H. VACATE Utility Easement, Receive Petition/Order Public Hearing (Lot 32, Block 2, Lakeside Estates) ,Z 9 I. PROJECT 88-LL, Acknowledge Completion/Authorize City Maintenance (Safari Estates 2nd r. Addition & Safari 4th Addition) 4, 3I J. PROJECT 655, Receive Report/Order Public Hearing (Cardenwood Drive - Streets & . Utilities) � .5°K. CONTRACT 93-06, Authorize Pay Request ##1 (T.H. 149 & Northwest Parkway) ,340 L. VACATE Drainage & Util Easements (Lts 1-5 & 8-12, Blk 1, Knob Hill Professional Park) cO, 1 2.M. CONTRACT 93-09, Authorize Final Payment (1993 Sealcoating) r�o3 1,,,N. CONTRACT 93-05, Approve Change Order ##1 (Lexington Avenue Storm Sewer Lift Station) 20_2. CONTRACT 93-05, Acknowledge Completion/Authorize Final Payment & Maintenance r (Lexington Avenue Storm Sewer Lift Station) ` 33 P. CONTRACT 93-13, Approve Plans/Authorize Ad for Bids (Cardenwood Drive - Utilities) 1 34 Q. READOPT Ordinance Amendment to Sec 10.10, Subd.4, Dangerous Weapons & Articles faL R. PROJECT 657, Receive Bids/Award Contract, Hawthorne Woods Sidewalk Construction 5.4 S. ADOPT Permanent Rules, Wetlands Conservation Act •3 9 T. CONTRACT 92-8, Approve Change Order #2 (Blackhawk Park Water Quality Improvements - Pad for Weed Harvester) ,h�? j U. RELEASE of Trailway Easement, Northwest Airlines, Inc./Semi-Conductor Property PV. VACATE Drainage and Utility Easement, Receive Petition/Order Public Hearing (Outlot P .441 Q A, Town Centre 70 - 13th Addition and Lot 1, Block 1, Town Centre 70 - 12th Addition �0 W. AGREEMENTS with Cities of Apple Valley and West St. Paul for Public Safety Mobile Data fCommunication System P $4, X. PROJECT 635, Receive Final Assessment Roll/Order Public Hearing (Lakeview Trail = Streets & Utilities) S 4 Y. PROJUECT 640, Receive Final Assessment Roll/Order Public Hearing (St. Thomas Becket ' Utilities) S Z. GRADING PERMIT ��EX-10-163 (O'Neil Property - Sec 10) �' U AA. PROJECT 658, Receive Petition/Order Feasibility Report (Cedarvale Area - Streetlights) �(1 AB. STIPULATION of Settlement Agreement, Final Asssessments, Project 590, Daniel Henschen 1 i1 AC. STIPULATION of Settlement Agreement, Final Asssessments, Project 590, Frank Lehmann V. 7:00 - PUBLIC HEARINGS (SALMON) 41A. FINAL ASSESSMENT HEARING, Project 630 (Woodlands North 2nd - Streets & Utilities) 401\ B. FINAL ASSESSMENT HEARING, Project 633 (Great Oaks Addition - Streets & Utilities) VI. OLD BUSINESS (ORCHID) 403A. TRAIL connection, Stanwix Road issue V (B. PRELIMINARY PLAT, Town Centre 100 - 12th Addition/Mann Theaters Inc. , consisting of �1 approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within the YEagan Heights Commercial Park Planned Development, CONDITIONAL USE PERMIT for a pylon sign and a VARIANCE for parking requirements located along the south side of Yankee Doodle Road, east of Yankee Place in the NE 1/4 of Sec 15 VII. NEW BUSINESS (TAN) ,01A. CERTIFICATION of Proposed 1994 Property Tax Levy, Proposed 1994 Budget and Dates for P Truth in Taxation Hearings 0 B. CONSIDER petition to install stop signs (North Hay Lake Road and Fawn Ridge Trail) � /VV C. VARIANCE, Frances Homes, of 4' to the required 30' front yard setback for Rustic Hills � Drive and 40' to the 50' sideyard setback from a public right of way, located on Lot 15, Block 1, Rustic Hills Addition in the SW 1/4 of Sec 4 /?SD. VARIANCE, Aspen Properties, of approximately 18' from the required 50' setback from Wescott Road, located on Lot 25, Block 1, Hills of Stonebridge in the NE of Sec 24 //iJ1E. PRELIMINARY PLAT, Wuthering Heights Addition/Mylo Mitzel, consisting of two lots on 69'14."- approximately one previously-zoned R-1 (Single-Family) acre located along the west V side of Wuthering Heights Road, north of Silver Bell Road in the SE 1/4 of Sec 18 r4t,{F. REZONING, Autumn Ridge 4th Addition/James Development, of approximately 5.1 acres from Q AG (Agricultural) to R-1 (Single Family) and a PRELIMINARY PLAT consisting of 13 lots fon approximately 5.4 acres located along the east side of Dodd Road, south of Golden Meadow Road in the NW 1/4 of Sec 25 1(4 G. REZONING, Stonebridge Ponds Addition/Heritage Development, of approximately 8 .2 AG r 1► (Agricultural) acres to R-1 (Single Family) , and a PRELIMINARY PLAT consisting of 13 lots located at the NW intersection of Dodd and Diffley Roads in the SW 1/4 of Sec 24 (el PRELIMINARY PLAT, Kings Wood 3rd Addition/Horne Development, consisting of 42 lots on lip► approximately 28 previously zoned R-1 (Single Family) acres, located along the west . side of Pilot Knob Road, S of Englert Road in the SE1/4 of Sec 16 & NE1/4 of Sec 21 2,2/I. CONDITIONAL USE PERMIT, Federal Land Company, to allow a pylon sign on Lot 1, Block 1, Bicentennial Second Addition, located along the south side of Yankee Doodle Road, east of Washington Drive in the NE 1/4 of Sec 16 _27T. CONDITIONAL USE PERMIT, Rainbow Foods, to allow outdoor storage of shopping carts on ]`,� Lot 1, Block 1, Town Centre 70 Second Addition, located along the west side of Denmark Avenue in the NW 1/4 of Sec 15 P,2 3I K. CONDITIONAL USE PERMIT, Hussein Ansari, to allow an automobile service station and pylon sign in a CSC (Community Shopping Center) district on Lot 2, Block 1, Cedarvale 2nd Addition, located along the southeast side of Cedarvale Boulevard, north of Rahn Road in the NE 1/4 of Sec 19 VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) R. ADMINISTRATIVE AGENDA (GREEN) RI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 3, 1993 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 7,1993 CITY COUNCIL MEETING Aporr AGENDA APRROYE MII I TES After approval is given to the September 7, 1993 City Council agenda, the regular meeting minutes for the August 17, 1993 City Council meeting and special meeting minutes for July 27 and August 17, 1993, the following items are in order for consideration. DEPARTMENT STEAD; BUSINESS; A. POLICE DEPARTMENT Item 1. Request to Change Ordinance to Permit Private Firing Range--The City has received a request from John R. Lachenmayer, who lives at 3986 Beau D'Rue Drive to install a target range in his home at that address. According to City ordinance, it is unlawful to discharge a firearm within City limits with certain exceptions of which this is not one. If the City Council should be in favor of Mr. Lachenmayer's request to build the target range in his home, it would be necessary to change the City code to permit such a use. Enclosed on page a for the City Council's information is a c of Mr. Lachenmayer's letter of request. Also enclosed on pages 3 through are copies of further correspondence from Mr. Lachenmayer including location maps of the property and diagrams of the house. His residence is located north of Beau D'Rue Drive and west of where the Mill Work Barn property used to be. The parcel in question is surrounded by areas zoned community shopping center, multiple housing and single family housing. If the Council does wish the ordinance to be changed to allow this use, the issue will have to be researched and the ordinance in process for considering such permits or licenses brought back to the City Council for approval, probably at the October 5, 1993 meeting. Thereafter, it would be appropriate to consider Mr. Lachenmayer's request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a direction to staff to change the City code to permit a private firing range within the City. (. John R. Lachenmayer 3986 Beau-D-Rue Drive Eagan, Minnesota 55122-1403 home: (612) 452-2945 work: (612) 881-4044 ext.147 Karen Finnigan Administration Office of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 phone: (612) 681-4613 Karen, we talked on the phone Wednesday morning about installing a target range in my home. Before calling you 1 checked into the building codes, zoning and gun restrictions. The building codes and zoning do not pose a problem. However, Captain Richard Swanson, of the Eagan Police informed me that the discharging of firearms within the city limits is prohibited. He suggested getting a permit from the city for a target range. This target range would be in my residence. I would be the principal user of the target range. I am familiar with firearms and have had gun safety courses. The only planned firearm to be used with the range would be .22 caliber, this is the smallest firearm available to the consumer. It would not be a nuisance to the neighbors. I live in a rural area and my closest neighbor is quite a distance away. The range would be in my basement, all the basement walls are constructed from cinder blocks, thus absorbing the noise. Finally the range would be designed by BOMBERS LTD which is owned and operated by Robert Hesse, he has a FFL (Federal Firearms License) and is familiar with target ranges. Karen, could you ask the Eagan City Council to approve a permit for a target range in my home. If you need any more information please contact me at one of the above numbers. Thank You. John R. Lachenmayer 9 - 2 -93 �T H U 9 : 48 B I T 3 COMPUTER P - 01 - / " �R FIiNAJLAAI VAX : John R. Lachenmayer 3986 Beau-D-Rue Drive Eagan, Minnesota 55122-1403 home: (612) 452-2945 work: (612) 881-4044 ezt.147 Karen Finnigan Administration Office of Eagan • 3830 Pilot Knob Road Eagan, Minnesota 55122 phone: (612) 681-4613 Karen, this letter is to follow up on our conversation. Along with this letter you should have received five other sheets of paper; 1) A copy of a portion of an Eagan map. 2) A rough sketch of my neighborhood. 3) The 3986 Beau-D-Rue Drive land plot (my house). 4) The basement level of my home. 5) The assembly drawing of the bullet trap. Here is some more information that the council might find interesting. 1) The land that my house sits on is not zoned 'Residential', it is zoned 'Community Shopping Center'. • 2) The firearm I plan to use on the target range is .22 caliber, This is the smallest caliber available to the consumer. Also the bullet produces about 75 foot pounds of energy at the muzzle. This is roughly the same energy as a hard punch. 3)The target range will be in my basement. All the surrounding walls are constructed of cinder blocks. The wall which the bullet trap will be on is underground. Thus being located at the safest place in the basement. See You Tuesday. John R. 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F. 1r . „ Illififir- Ti art v, .. ,5,.ri„f9 7 m W In s H S ❑ i Z R=96% 6128819674 09-02-93 09:42AM P006 #24 Agenda Information Memo September 7, 1993 City Council Meeting Item 2. Request to Change Ordinance to Permit Indoor Splatball--At its August 24, 1993 meeting, the Advisory Planning Commission considered an application for a conditional use permit to allow an indoor commercial recreation use in a community shopping center district at 3820 Sibley Memorial Highway located between Cedarvale Boulevard and Beau D'Rue Drive. The recreational use was for an indoor splatball facility. The APC is recommending approval of this item. However, according to City ordinance, it is illegal to discharge an airgun within the City limits and playing splatball involves discharging an airgun. Therefore, an ordinance amendment will be required to permit this use. At this point, staff requires direction from the City Council as to whether they wish to change the City code to permit the discharge of airguns when they are fired as part of a recreational game played indoors in a facility designed for that purpose. Enclosed on page I b is a description of an airgun which will be used in playing splatball. If the City Council so directs, an ordinance amendment will have to be developed as well as a process for approving such permits or licenses. This probably would not come back to the City Council for their consideration until the October 5 Councij meeting at the earliest. Enclosed for the Council's information on pages ( i through 1 is a copy of the Community Development Department report regarding the conditional use permit application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the direction of staff to develop an ordinance amendment which will permit the discharge of airguns when they are fired as a part of a recreational game played indoors in a facility designed for that purpose. ogrn c:1 __Muzak TIPPMANN PumpHanak PNEUMATICS, INC. ��^" i Ammo Box �^.ti,y��,c. Cutup '�rj��.^�, Bon B 1 Bolt ,' Hammer - ��/� (Assembled) i Front&mg Swivel .'"••••,..."-----:---„„, i j Cleaning / '. " Port• Rear Rear` Nncned IIIP Sight Rod ._ Valve'-------- �uy s j �. - _ Reeevver Harmer, o Feld Str _ O 0 -- -,� r5 Barrel Boll A ��X68 Wive Hammer !I- Bon ',rf:•�, _ __ wing .;�' i °erns �, .� !/Wire Velocity C� '/ r �'� �A„ r� Valve Adjustment d�. •ty 1.. Eno Set Screw Sear / ' �' y.� r- Cap 1' ' I Sear �, \- Sp ing Saar —,--1 h h.,_. Pin ! Valve " Trpger _ ^9 ,rip 0—Eno Cap p O-ring� •'/' i O Rer/A/%1 a1/ ` `` Swivel Tank 0-ran ofl iligh . Co Cylinder Bun Pure Model SL-68 --/ •Always wear eye protection in the form of approved goggles GENERAL or full face mask and never shoot at a person who is not The SL-68 II represents a totally original design by Tippmann similarly protected. Pneumatics, Inc. based on the typical pump action Paintball • Dress for safety when playing the game. avoid any areas of Gun in use today. It's primary design objectives were durability.. exposed skin especially the face and throat.Even a light layer extreme accuracy and low cost. We have met our objectives will absorb some of the impact and protect your skin from cuts and are proud to offer you this high quality weapon. The produced by the gelatin paintball shell fragments when hit at q receiver is super strong aluminum—magnesium alloy and has close ranges. the feed elbow and gas port cast in place for the ultimate in • Keep exposed flesh away from escaping CO, gas when simplicity and durability. The box magazine included will hold • installing or removing bottles or cartridges of gas from the about 40-.68 caliber paintballs and is held in place when weapon or from a filling cylinder.CO,gas is very cold and can • inserted into receiver by a built in clamp. The barrel is alumi- cause frostbite under certain conditions. num and is also held in place by a built in clamp on the receiver, • Use only .68 caliber paintball pellets. Never load or fire any both clamps are operated by a 3'16 alien wrench, All internal foreign objects. parts are noncorrosive including trigger and sear group. The • Do not field strip or otherwise disassemble the SL-68 awhile valve system has been redesigned to eliminate the common its pressurized with gas. Remove cylinder or cartridge breakage of tubes with other guns and we guarantee the seal before doing any disassembly to last a lifetime. The cleaning port on the left side of the receiver has been designed to clean barrel from the breech • Do not look directly into the barrel.Accidental discharge into end, to visually inspect chamber and feeding, and allow ve- the eyes may cause permanent injury or death, locity adjustment without disassembly of gun. •Avoid alcoholic beverages before and during the use of this To load a ball pull the pump handle rearward until it bottoms weapon. Handling guns while under the influence of drugs or against the receiver. This will cock the weapon and a ball will alcohol is a criminal disregard for public safety. drop into the receiver to be loaded. Push the pump back •Avoid shooting an opponent at point blank range(three feet or forward and the bolt will push the ball into the barrel. Pull the less). trigger to fire the ball.The design of the trigger incorporates an • If you purchased a 12 gram cartridge adaptor with your SL-68 auto trigger effect,with a constant pull on the trigger the SL 68 Ilbe sure to read and follow the instructions that came with IIwill fire each time the pump is cycled. the adaptor. SPECIFICATIONS • Never fire your weapon at personal property of others. the Caliber 68 paintball can stain the paint of automobiles and houses if left Action Type Slide action, pump on the surface for a few hours. Power CO,gas in cylinders or cartridges Muzzle Velocity Approx.215-315 F.P.S. (adjustable) Sights Fixed front blade and rear notch standard WARNING The SL-68 II is not a toy nor is it intended for Grooves for most optical sights are cast on receiver Weight(with 12 gram adaptor) 2 lb. use by persons under the age of 18 years.Always keep in mind that the sport of Paintball will be viewed and Weight(with 7 oz. clyinder) 3 Ib. judged upon your safe and sportsmanlike conduct. Overall Length (with 12 gram adaptor) 22" Overall Length (with 7 oz. cylinder) 27" • \� Standard Barrel Length 11" Effective Range Approx. 200 ft. 2 Maximum Range . Approx. 200 vd -2 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: SPLATBALL INDOOR LOCATION: NE QUARTER SECTION 19 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: AUGUST 24, 1993 • DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an indoor commercial recreation use in a CSC (Community Shopping Center) district at 3820 Sibley Memorial Highway on P.LD. #10-01900-050-04 located between Cedarvale Boulevard and Beau D Rue Drive. BACKGROUND: Country Club Market originally occupied the building which is currently occupied by Factory Furniture Outlet (FFO). Recently, the City Council approved a Variance for FFO that allowed signage on three sides of the building, but denied a change to allow signage painted directly on the building. FFO has yet to remove the non- conforming signage. COMMENTS: The applicants, Jim and Carol Nordberg, have operated Splatball Indoor since June 1991. The proposed move to Eagan will accomplish several things which cannot be accommodated with the current location on North Prior Avenue in St. Paul. It will bring the game closer to the majority of their clientele, place the use in a nicer, more visible location, and allow for needed expansion. The Nordbergs are proposing two separate playing fields, a pro shop, storage, and office space. The business operates seven days a week and has a peak employment of four full- time and 14-16 part-time employees during the fall, winter, and spring months. With both fields operating simultaneously, peak total attendance will not exceed 50 people. The site provides 92 off-street parking stalls. The existing building exceeds all Community Shopping Center setback requirements. The applicant shall submit an overall sign plan illustrating all proposed signage and building elevations. GRADING/DRAINAGE/EROSION CONTROL: The storm water runoff from the existing building and parking lot drain in a northerly direction towards Cedarvale Boulevard. The • existing storm sewer in this area conveys storm water runoff directly to the Minnesota River. The conversion of this site to an indoor recreational center will not require any modifications to the City's storm sewer system. UTILITIES: Since the existing building is currently served with City sanitary sewer and water service, no additional utility work is proposed. The existing hydrants in Cedarvale Boulevard and Beau De Rue Drive provide adequate fire protection to the site. STREETS/ACCESS/CIRCULATION: The existing parking lot on the southeast half of the site has direct access to Beau De Rue Drive. Currently there are two driveway openings connecting the parking lot to Beau De Rue Drive. The Developer shall upgrade the driveway openings on Beau De Rue Drive to current City standards by constructing concrete aprons at the openings. City staff recommends that the entire parking lot be upgraded to include concrete curb and gutter around the outside perimeter of the lot to control drainage and to define parking limits. Currently only portions of the parking lot have existing curb and gutter around the perimeter of the lot. The new concrete curb and gutter should be located at the proper setbacks from right-of-way and property lines. The existing parking lot on the north edge of the site has a shared driveway access that connects to Cedarvale Boulevard. The Developer shall submit to the City a plan to reconstruct the parking and drive aisles to improve circulation by May 31, 1994. The design of the new parking lot will increase the green space area by removing paved areas that are not needed for drive aisles or parking spaces. City staff has met with the Developer to discuss the improvements to the parking lot and the Developer has agreed to construct these improvements by August 31, 1994. EASEMENTS/RIGHT-OF-WAY/PERMITS: The Developer shall obtain cross easements for the shared driveway along the north edge of the site. FINANCIAL OBLIGATION-C-U-P-19-CU-20-7-93,10-01900-050-04 AND 10-01900-060-04 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 0 - ,-4" } If approved, this Conditional Use Permit shall be subject to the following: 1. An overall sign plan including elevations shall be submitted for approval and be subject to the one-time sign fee of $2.50/sq. ft. 2. The developer shall upgrade the driveway openings on Beau D Rue Drive to • current City standards by constructing concrete aprons at the openings by August 31, 1994. 3. The entire parking lot shall be upgraded to current City Code requirements by August 31, 1994. r p .....• ff., /._, ' / .. • �(e — ' o ef` f'tf/ffv✓i /i { ., ///' / • /,/ 1,4 /,._ ' PAW IMt; + t■ \ - ) /' /i� f f",'''� /''� '/ '�1%4' .- '' /'/II ) 1 /'/' / 411 i /// /' /� , 310 // , \ / M • /%' ' /1" ,,.7.re ; .,,,,t, I . ./ , ,,,. , ,4 '-' '//Pk_, �� _ i , . , (h.\;.< ‘s 5 ■ / I - _e•' ; : � '� �� _ \ - •' a / r. / /, ,-' \ I I'A1t1,I)A ) // �p l / / , , 1. 1 \ \) r- \• / /' u/.,� / ■ . , ` V / / \ / .`\ // k ■ f � „tiff, C ` 1 i, ) N / ff i ;. '+� y'. CEDARVAL.E (s pr e t., +, — , ' --r --1 D.\� HI l \\\ �`w� ./�) . - - rAl(K!N` - - - _ _ ■ /1•(� �.7v� '(/ .-'T\\\'\,`\, I. • �� \ \\ 0 0 \A (((O , /i ' ' HM / r 1 .1 / v\ \ `� • \ . 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VI AA. __In- i" / y °t--r-•- 7 •111 1 ," '/ _� f ,„?? r ,i-j c ez� - 1_ __+_ -1-# SITE • \ e7 � �n 72_ri>7rr>7 T_�_ �'.� j i.GAry `Y a AP-4\N• / •o N,c y r, a,_ •I Trt 886.3 rT- i� _1 /7 I M r 890.6 '�11 R� IQfr� � ,�fQ-w ri792C . i ___)-- ( �P' "�” AP-35 r 855 ' M WI /��a A-x dB6.0 f 1-! P !g =A "V �T11h11:t-qc-r-FIT v ��b93 �� r,1Gn 2 ��i l • � ► APnY� - E• P-82 1 1 889.4 15 6 � ocL �i 884 5'.,. I , =4.�.�;�� 866 t T? -Nt'�ri^r )" , r I t� J ∎\.:�C;` ` .4. ,13 �7f '' of - >. •� ~" 4. f'i.- < `1; • • FIGURE No. 17 STORM SEWER LAYOUT • . MAP CITY OF • • EAGA ! j • Agenda Information Memo September 7, 1993 City Council Meeting CONSEW AGENDA ............................................................. .............................................................. There are twenty-nine (29) 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. Seasonal Park Maintenance Worker--Because of resignations of current seasonal park maintenance workers to return to school, it was necessary for City Administrator Hedges to approve the hiring of Matthew Brown as a seasonal park maintenance worker replacement. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Matthew Brown as a seasonal park maintenance worker. Item 2. Supervisor of Forestry--In official action at the August 17, 1993 City Council meeting, the City Council approved the hiring of a person as recommended by staff as Supervisor of Forestry per acceptance of the City Administrator. That person is Greg Hove. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Greg Hove as Supervisor of Forestry. Item 3. Temporary Recreation Supervisor--In official action at the August 17, 1993 City Council meeting, the City Council approved the hiring of a person as recommended by staff as a temporary recreation supervisor. That person is Dan Schultz. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the hiring of Dan Schultz as temporary recreation supervisor. Item 4. Contracts/Touch Football Officials--It is the recommendation of Recreation Supervisor Oyanagi that the following persons be offered contracts as touch football program officials: Steve Dornquast,Jeff Freeman,Ken Freeman,Joey Schoolmeester, Mark Samstad and Keith Wallace. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracts with Steve Dornquast, Jeff Freeman, Ken Freeman, Joey Schoolmeester, Mark Samstad and Keith Wallace as touch football program officials. 1CC' Agenda Information Memo September 7, 1993 City Council Meeting Item 5. Temporary Clerical Technician/Finance Department--One of the clerical technicians in the Finance Department has taken a leave of absence due to the pending birth of a child. It is anticipated that this leave of absence will last until at least the middle of December. The Director of Finance and Assistant Director of Finance are asking for permission to hire a temporary clerical technician for the department to cover this leave. Because the leave started unexpectedly early, the need is immediate. Also, during the first five months of 1994, the Finance Department will be converting the utility billing system and will need additional help at that time. It is the recommendation of the Director of Finance that Elaine Fischer be hired to cover the leave of absence and be retained for the first five months of 1994 in order to help with the conversion. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Elaine Fischer as a temporary clerical technician in the Finance Department. PLUMBERS' LICENSES B. Licenses, Plumbers--The City code requires that all plumbing contractors operas' g within the City of Eagan be licensed on at least an annual basis. Enclosed on page nc is a list of those contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. BJORLIN PLUMBING CO. 2. BRUCE NELSON PLUMBING & HEATING INC. 3. THRIFTMASTER PLUMBING For September 7, 1993 City Council meeting (S2 Agenda Information Memo September 7, 1993 City Council Meeting FINAL PLAT/SIGNAL POINT C. Final Plat, Signal Point--Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. For a copy of the final plat as it appears for recording at Dakota County, please refer to pages O. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Signal Point as presented. •--•-•--- — --2-41,777-i-73.0'& j Ar.TV4Fr...111111171 )111YEI TYNO IS I 1 !li.. .:11:a 0Nn70311 I_ I _ ...::,:..7.--,..,-„ .....::::::1 .,,,,,.,„„ JO M... I,le AVV141,41 13lid / ---V1 , ..1. al _ ,2 .0 )( 11 ---2'' v Lic.._, il 1,.., 77', \ -fil. is !\ ikgr,ris .i ( ::'..r_.,; .'. : !.!.!::: I 13:2 _ __.------ t'' •,i1 . !‘ .--LAil 1 ; -- f,,,,,-------------------- I I .,),k_ .. 7 _,_- --1i - . ., ,• .:: , T , .., i;. .. „... 4. ,..„,/ I.., 1; ,, , . , . 1-_ ,,/ •:,..., ,‘, '.i.i ,=:.: .. , , ,f.-- A .• -, .. / t ..:,:,.., Id •..t "Ii:•:•:,: ;''- 4,- , s„:, 1 „, , J," , .-• 01 ,(,::.■::(//ii ' 44: ,„ ,, • < „ • ■ :■,i /'t '11"•-•,, " ' ..:::.-(.' e .,- I -. ........ '-' .7,, ' %‘11.-. i-- ,„ ; ,..., .......--,-.:41z, ••• '''''-::--',- Im." 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I • # . •;• .. _ ., /,' " •-fa ii- I • ',', , ), , L —...1 I •• J ...•nA. w ' ti ' Or-"Ai I :,I :C 4: :, ..i. 1 ' ;I I ii. .... !• tl g6)74gi'g I !•, I., F ' i ri?glir t:. - . . t . a 0 . Agenda Information Memo September 7, 1993 City Council Meeting FINAL PLAT/DEERHAWK ADDITION D. Final Plat, Deerhawk Addition--Final plat documents are in the process of being finalized by the applicant and City staff. If they are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, staff will recommend that it be continued at the time of agenda approval. Fora copy of the final plat as it appears for recording at Dakota County, please refer to page.` ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Deerhawk Addition as presented. ;y I I ■= z , a Izi�ti Y 3 1. 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Final Plat, Best Brands--The applicant and staff are in the process of finalizing documents relative to the above-referenced final plat. If all items are completed and executed in time for Tuesday's meeting, this item will be in order for consideration by the City Council. If not, it will be recommended for continuance at the time of agenda adoption. A copy of the final plat as it appears for recording at Dakota County is enclosed on page -(-. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a final plat for Best Brands as presented. 03 .. . a-111...■••■•■ ••=1. ----....1 ., . lik t —---7—1.w-•74.1 t' N ' :t ` : ... , •.44e„ 11 ir •4=, 1\ / ; '• .. . I il •.--.... ....... ...__ is b i ill ..,.e..! if 1 qp•-• "•••4 ,a fo I - ' ' 11 N 1. 11.... -.'.4 ,.•...,.....e, . al i ,4,a ;it \'at '... •— 1 . 141 11 il I:4 v itit it r! ag! a 'i ii tf • • t, c , „... 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Agenda Information Memo September 7, 1993 City Council Meeting PROCLAMATION/TOASTMASTERS' MONTH F. Proclamation of October as Toastmasters' Month--The City has received a request from the Eagan Communicators, the local Toastmasters Club, to designate October as Toastmasters' Month in Eagan. Enclosed on page Q6 is a copy of the letter of request from Mr. Lawrence M. Scott and on page. 7, a copy of the proposed proclamation. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the month of October as Toastmasters' Month in the City of Eagan. c August 12, 1993 Office of the Mayor 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan, Our Toastmasters club, Eagan Communicators, would like to invite you to visit one of our club meetings in October. October has been designated as Toastmasters Month in Minnesota by the Governor . Our club meets on the first and third Tuesdays of the month at 12 : 00 noon at the Rasmussen Business College in Room 108 . We hope you will be able to join us in October on either October 5 or October 19 . Also, I have enclosed a sample proclamation that we hope you would sign that would declare October as Toastmasters Month in Eagan . Sincerely, Lawrence M. Scott 2676 Guthrie Ave . N . Oakdale, MN 55128 Phone : Work : 683-5862 Home : 777-6579 CITY OF EAGAN TOASTMASTERS MONTH PROCLAMATION WHEREAS, the ability to communicate clearly is a vital skill that can overcome barriers to effective performance; and WHEREAS, Toastmasters International performs a valuable service to its members by helping them to develop their communication skills; and WHEREAS, there are more than 5,000 members in approximately 250 clubs throughout the state of Minnesota; and WHEREAS,Toastmasters in Minnesota businesses, schools, communities and organizations are dedicated to helping people from all walks of life improve their communication and leadership skills, NOW, THEREFORE BE IT RESOLVED that I, Thomas Egan, Mayor of the City of Eagan, Minnesota, do hereby proclaim the month of October, 1993, to be Toastmasters Month in the City of Eagan, Minnesota CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, EJ. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1993. EJ. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 7, 1993, City Council Meeting VACATION (LOT 32. BLOCK 2, LAKESIDE ESTATES) H. Vacate Utility Easement, Receive Petition/Order Public Hearing (Lot 32, Block 2, Lakeside Estates)--The City has received a request to proceed with a formal vacation process as it pertains to a storm sewer easement across Lot 32, Block 2, of Lakeside Estates Addition. Although this easement was never formally conveyed to the City but rather the property owner, the title company involved with the lot split has requested that the City formally "vacate" any interest it may have had in this storm sewer and its easement. The storm sewer is in the process of being relocated to another alignment where a proper easement has been conveyed to the City of Eagan. All application materials have been reviewed by staff and found to be in order for the City Council to schedule a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a storm sewer utility easement over Lot 32, Block 2, Lakeside Estates, and schedule a public hearing to be held on October 5, 1993. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (SAFARI ESTATES 2ND ADDN & SAFARI 4Th ADDNZ I. Project 88-LL,Acknowledge Completion/Authorize City Maintenance(Safari Estates 2nd Addition & Safari 4th Addition - Streets & Utilities)--At the August 3 meeting, the City Council formally declared the developer of the above-referenced subdivisions in default for • noncompliance with required infrastructure improvements and restoration under the terms and conditions of the development agreement. As a result of that Declaration, the City staff was able to ensure satisfactory completion of all remaining issues. With a final inspection being performed by representatives of the Public Works Department, the staff is now forwarding to the City Council the developer's request for final acknowledgement of completion, acceptance for City maintenance and release of the related financial security. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 88-LL (Safari Estates 2nd & Safari 4th Addition - Streets & Utilities) and accept the public improvements for perpetual City maintenance subject to related warranty provisions. Agenda Information Memo September 7, 1993, City Council Meeting LEASE PURCHASE/COPY MACHINE G. Authorize Lease Purchase Acquisition of New Copy Machine--The City was contacted by representatives of the Eastman Kodak Company regarding a promotion within their firm to upgrade existing 235AF duplicating machines. In December 1988, the City entered into a three year lease purchase agreement to acquire the existing copier. Since the machine is now owned by the City, the only monthly costs are for maintenance on a per copy basis. The current monthly average number of copies is approximately 100,000 which generates a monthly maintenance cost of about $1,081. In 1994, when the maintenance plan comes due the monthly fee is projected to rise to $1,300. The proposal from Kodak is for a five-year lease purchase at $476 per month and a flat rate monthly maintenance cost of $875 for up to 1.2 million copies for a total monthly cost $1,351. This lease purchase would be for the 2085AF machine which has a few additional features and is five years newer. The pricing is based on the State's Contract List Price, therefore, all appropriate bidding requirements have been complied with. Given the modest per month increase in cost and the newer and improved machine, the staff is recommending that the City Council authorize the acquisition of the Kodak 2085AF duplicator per these terms. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the acquisition of the Kodak 2085AF duplicator on a five year lease purchase agreement. Agenda Information Memo September 7, 1993, City Council Meeting RECEIVE REPORT/ORDER PUBLIC HEARING (GARDENWOOD DRIVE) J. Project 655, Receive Report/Order Public Hearing (Gardenwood Drive - Streets & Utilities)--On August 3, the City received a petition from the developer of the proposed Gardenwood Ponds Addition requesting the preparation of the feasibility report and simultaneous preparation of detailed plans and specifications for the installation of streets and utilities within Gardenwood Drive, the Municipal State Aid street which traverses this plat. This feasibility report has now been completed and is being presented to the City Council for their information and scheduling of a public hearing to formally present the details of this proposed public improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 655 (Gardenwood Drive - Streets & Utilities) and schedule a public hearing to be held on October 5, 1993. AUTHORIZE PAY REQUEST NO 1 (TH 149 & NORTHWEST PARKWAY) K. Contract 93-06, Authorize Pay Request No. 1 (TH 149 & Northwest Parkway - Intersection & Signalization Improvements)--On August 17, the City Council awarded the contract for the above-referenced public improvement and authorized the Mayor and City Clerk to execute all related documents subject to MnDOT's concurrence with the bids as required by the Cost Participation Agreements. This concurrence has now been received, and in order for the City's financial requirements to be funded through the NWA, Inc., tax increment financing (TIF), a cash payment must be made prior to September 15. The contractor has submitted a pay request for mobilization and materials on hand. Therefore, staff is requesting formal Council approval of this first pay request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Pay Request No. 1 for Contract 93-06 (TH 149 & Northwest Parkway-Intersection & Signalization Improvements) in the amount of $30,893.24. VACATION (LOTS 1-5 & 8-12. BL 1. KNOB HILL PROFESSIONAL PK) L. Vacate Drainage & Utility Easements (Lots 1-5 & 8-12, Block 1, Knob Hill Professional Park)--On August 17, the City Council held a public hearing to formally consider the vacation of various side lot line drainage and utility easements as shown and described on page Si . As a result of that public hearing, no objections were received. However,because the replacement easements are being dedicated with the final plat for the Signal Pointe Addition, the City Council continued consideration of a formal vacation until such time that the final plat was scheduled for formal Council approval. With that formal approval being on this agenda, it is now appropriate for the City Council to approve the vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To vacate the drainage and utility easements for Lots 1-5 and 8-12, Block 1, Knob Hill Professional Park, and authorize the Mayor and City Clerk to execute all related documents, sai• . ..royal being subject to recording of the final plat for the Signal Pointe Additio'. KNOB I, m ► HILL PROFESSIONAL PARK PLOT KNOB ROAD t;-, f /4.EiI 4-. .f 5, fi-S*err el S. 11,r t7 P13 ( (D.40.a.w.0 t off..Po. �., `gin.-1t.11. ^e. J- n w S., lr 717•N a � r: L.II , •, , � - 3 1 ':1 Port I eI SOON..?et $ i It - - - •.1.• - ` ' ,e • I d. Nett*...•b.. .'Mr• 1 1 'h..!ti �•� =t.�� _ // 7 �� _ 1' Ua Po re. •tiw•n V ■ .rya. /ti ...Va.,.. NV !•• LC likill , .--z� ,. or•• c..-•, I yi iitlt UM.•: • • I I at rwfr tan i t• w. �� '# ri.-. . V,, r,r.r D•.-+•et, ear-•r.+ .hrrr.M„j ' . V- I e +� C7.1 ! t 1 Po Dr,n� S/r.',�w.ru,..h�a e�M,.. a• I I ,� ®•. =w i'•• • = 1 A i ..■,.d.r r..r Arr..••.∎•.l.'6.•n or."A .. I f .�IN, el Sri . + �. . • , .. — --, 4./„•.,rM 01•41 M..,n •Jrr./Arws ,, • Y<COYt(-1011.17$0,1 1*IOC 11t(( .MC 4F•»w. •I..0 I I •. 1••••t Legal Description of Easements to be vacated All of the drainage and utility easements over and across Lots 1 through 5 and Lots 8 through 12 , Block 1 , KNOB HILL PROFESSIONAL PARK, as dedicated in said plat. • 1/4,5l Agenda Information Memo September 7, 1993, City Council Meeting AUTHORIZE FINAL PYMT (1993 SEALCOAT) M. Contract 93-09, Authorize Final Payment (1993 Sealcoat)--The maintenance sealcoating for several local streets has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of authorizing the 1st and final payment and accepting the improvement for perpetual City maintenance subject to appropriate warranty items. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1st and final payment for Contract 93-09 (1993 Sealcoating) in the amount of $237,088.39 and authorize acceptance for City maintenance subject to appropriate warranty items. APPROVE CHANGE ORDER #1 (LEXINGTON AVE STORM SEWER LIFT STATION) N. Contract 93-05, Approve Change Order #1 (Lexington Avenue Storm Sewer Lift Station)--During the construction of the Lexington Avenue Storm Sewer Lift Station located on Lexington Avenue by the Bulk Mail Center, poor soil materials were discovered during construction that were not adequate for the maintenance access road that was necessary to service this lift station at its new location. Subsequently, granular fill had to be imported to the site at an additional cost of $752.50. This Change Order has been reviewed by the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 for Contract 93-05 (Lexington Avenue Storm Sewer Lift Station) and authorize the Mayor and City Clerk to execute all related documents. ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT & MAINTENANCE (LEXINGTON AVE STORM SEWER LIFT STATION) O. Contract 93-05,Acknowledge Completion/Authorize Final Payment & Maintenance (Lexington Avenue Storm Sewer Lift Station)--With the completion of the new storm sewer lift station on Lexington Avenue near the Bulk Mail Center, the City has received a request for final payment from the contractor along with a certification from the consultant that construction was completed in accordance with the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 3rd and final payment in the amount of$6,532.02 for Contract 93-05 (Lexington Avenue Storm Sewer Lift Station) and authorize acceptance for perpetual City maintenance subject to appropriate warranty provisions. Agenda Information Memo September 7, 1993, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (GARDENWOOD DRIVE) P. Contract 93-13, Approve Plans/Authorize Ad For Bids (Gardenwood Drive - Utilities)--On August 3, the City Council received a petition from the developer requesting the preparation of detailed plans and specifications simultaneously with the feasibility report. In addition to the feasibility report being completed and presented earlier on the agenda, detailed plans and specifications have also been completed and are being presented to the Council for their consideration of authorizing the advertisement of competitive bids. This contract provides for the installation of utilities within Gardenwood Drive between Wescott Road and Northview Park Road with the street surfacing proposed to be completed under a separate contract during 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 93-13 (Gardenwood Drive-Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, October 1, 1993. 3,3 Agenda Information Memo September 7, 1993 City Council Meeting READOPT ORDINANCE AMENDMENT/DANGEROUS WEAPONS Q. Readopt Ordinance Amendment to Section 10.10, Subdivision 4, Dangerous Weapons & Articles--In August of 1991, the City Council approved an addition to the exception list for discharge of firearms and explosives. The addition was to Subdivision 4, E of that section. It was intended that the additional language would be added to the language already in E. Inadvertently, when the ordinances were codified, the new language was shown to replace the old language rather than be an addition to it. Therefore, it is necessary to readopt that ordinance amendment in its entirety. Enclosed on page 3S is a copy of the ordinance readoption. ACTION TO BE CONSIDERED ON THIS ITEM: To readopt Subdivision 4, E, to Section 10.10 of the City code. L ORDINANCE NO . , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN , MINNESOTA , AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION , CRIMES AND OFFENSES" BY ADDING A PROVISION TO SECTION 10 . 10 TO PROVIDE CERTAIN EXCEPTIONS RELATING TO DANGEROUS WEAPONS AND ARTICLES; AND , BY ADOPTING BY REFERENCE , EAGAN CITY CODE CHAPTER 1 AND SECTION 10 . 99 WHICH , AMONG OTHER THINGS , CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1 . Eagan City Code , Sec . 10 . 10 entitled "Dangerous Weapons and Articles" , is hereby amended by adding a Subdivision, to read : Subd . 4 . Exception . Any person participating in a special hunting season, which season may not conflict with State law or regulations , established by the Council for purposes of wildlife management . Any person under 18 years of age participating in a special hunting season organized by the DNR and established by the Council , for purposes of wildlife management , must be accompanied by an adult selected to participate . Section 2 . Eagan City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10 . 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3 . Effective Date . This ordinance shall take effect upon its adoption and publication according to law. ATTEST : CITY OF EAGAN CITY COUNCIL By : By: Its : Clerk Its : Mayor Date Ordinance Adopted : Date Ordinance Published in the Legal Newspaper : 3 S Agenda Information Memo September 7, 1993 City Council Meeting PROJECT 657/RECEIVE BIDS/AWARD CONTRACT it Project 657, Receive Bids/Award Contract, Hawthorne Woods Sidewalk Construction-- The bid opening for this project is scheduled for 10:30 a.m. on Friday, September 3, 1993. Therefore, information regarding the bids is not available at this time. However, the information will be available at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve awarding the contract for Project 657, Hawthorne Woods Sidewalk Construction, to the lowest qualified bidder. ADOPT RULES/WETLANDS CONSERVATION ACT S. Adopt Permanent Rules, Wetlands Conservation Act--Since January 1992, the City of Eagan has been acting under the interim rules of the 1991 Wetlands Conservation Act. The City should implement the permanent program for the Wetlands Conservation Act prior to December 31, 1993. It is the recommendation of the Advisory Parks, Recreation and Natural Resources Commission that the City of Eagan assume administrative responsibility for and begin implementation of the permanent program effective December 15, 1993. It is also the recommendation of the APRNRC that the Council delegate to staff the discretionary authority to approve or deny wetland fill or drain requests and replacement plans as well as make exemption determinations for project involving up to .1 acre of wetland filling or draining. Enclosed on pages 37through is a copy of a memo from Water Resources Coordinator Brasch regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve: 1) that the City of Eagan assume administrative responsibility for, and begin implementation of, the permanent program of the 1991 Wetlands Conservation Act, effective December 15, 1993; and 2) that the City Council delegate to staff the discretionary authority to approve or deny wetland fill or drain requests and replacement plans as well as make exemption determinations for projects involving up to .1 acre of wetland filling or draining. MEMO TO: TOM HEDGES, CITY ADMINISTRATORk KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION DATE: SEPTEMBER 1, 1993 SUBJECT: FORMAL DESIGNATION OF CITY OF EAGAN AS LOCAL GOVERNMENT UNIT FOR ADMINISTRATION OF THE PERMANENT PROGRAM - WETLAND CONSERVATION ACT BACKGROUND The 1991 Wetlands Conservation Act regulates the filling and draining of wetlands. While the law applies across the state, it is administered at the local level by designated local government units (LGUs). Where local governments fail to accept the responsibility to administer the law, there is a moratorium imposed on activities that would result in filling or draining of wetlands. In January 1992, the City of Eagan accepted responsibility for administration of the interim phase of the WCA within City boundaries. The second more restrictive phase - called the permanent program -was originally to have gone into effect no later than July 1, 1993. However, recent legislative changes in the Act have given the local government units (LGU's) responsible for administering the Act the option of postponing implementation of the permanent program until December 31, 1993. The issue before the City is when within this time period it should move from the interim phase to the permanent phase of the program. PROPOSED ACTION At its August meeting, the Advisory Parks, Recreation and Natural Resources Commission reviewed this issue. During the discussion, the following factors were considered: 1. The permanent program rules will provide a greater degree of protection for existing wetlands. Under the permanent rules, 2-4 times the area of wetland filled or drained will be required for replacement, and the process for securing approval (such as the alternatives analysis to avoid or minimize impacts) is significantly more rigorous. 2. The permanent program will be more time consuming for staff to set up and administer. Staff currently spends an average of 12 hours per month on wetland-related issues, or about 7.5% of total available time. Estimates of the additional time required to administer the permanent program range from 30% to 100% more time, so total time spent on WCA-related issues is expected to rise to from 16 to 24 hours per month or between 10% and 15% of water resource coordinator staff time. 3. The interim program has provided somewhat more flexibility to define acceptable types of replacement. For example, the City can define whether we want replacement wetlands to be of the same type as the filled or drained wetland or of a different type that perhaps has a greater value for water quality. This flexibility under the interim program has made it possible 1 of 2 31 to allow developers and others to use on-site detention basins to both satisfy water quality as well as wetland replacement requirements. Under the permanent program, parties that fill or drain wetlands will almost always be required to use separate areas for water quality treatment and wetland replacement functions. 4. Board of Water and Soil Resources (BWSR) staff indicted that BWSR would not be putting on training sessions for local government units regarding administration of the permanent program until at least September or October of this year. The program is complicated enough from an administrative standpoint that good training sessions should be considered an essential prerequisite before permanent program implementation. After the training,it will be desirable for the City to develop some guidelines that developers and others can use to facilitate compliance with the permanent program. Subsequent to the discussion, the Commission voted to recommend to the City Council that it assume administrative responsibility for, and begin implementation of,the permanent program effective December 15, 1993. Thus, projects receiving preliminary approval by the City Council on or after this date will be subject to the requirements of the permanent program. It is expected that all plat applications for new developments submitted in October and November will be subject to the new rules. Staff plans to develop guidelines which will help developers and others apply with the requirements of the permanent program. Staff is also requesting the City Council to consider assigning authority to staff to approve or deny wetland fill or drain requests, and replacement plans for projects involving up to .1 acre of wetland filling or draining. Council's delegation of this authority to staff will allow the City to respond over a shorter time period and with less paperwork to requests for minor filling/draining, wetland replacement actions, and exemption determinations that are non-controversial. COUNCIL ACTION REQUESTED Staff requests that the following motions be adopted by the City Council. 1. That the City of Eagan assume administrative responsibility for, and begin implementation of, the permanent program of the 1991 Wetlands Conservation Act, effective December 15, 1993. 2. That the City of Eagan delegate to staff the discretionary authority to approve or deny wetland fill or drain requests and replacement plans, as well as make exemption determinations for projects involving up to .1 acre of wetland filling or draining. Rich Brasch Water Resources Coordinator RB/sb 33wp:hedges.243 2 of 2 3 - Agenda Information Memo September 7, 1993 City Council Meeting CHANGE ORDER #2/CONTRACT 92-8 (BLACKHAWK PARK) T. Contract 92-8, Approve Change Order #2 (Blackhawk Park Water Quality Improvements - Pad for Weed Harvester)--A water quality project has been incorporated within the Blackhawk Park project. The Director of Parks & Recreation is advising that a landing be installed for the weed harvester in order to facilitate greater effectiveness with in-basin treatment. This would involve a change order to Improvement Contract 92-8. The amount of the change order is $1,985. Enclosed on pages Othrough 11 3- is a copy of a memo from Director of Parks & Recreation Vraa regarding this item, including the description of Change Order #2. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Improvement Contract 92-8 (Blackhawk Park Water Quality Improvements) in the amount of $1,985. 3G/ 1 rc MEMO _city of eagan DATE: SEPTEMBER 1, 1993 T0: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: CITY COUNCIL AUTHORIZATION CHANGE ORDER #2 - IMPROVEMENT CONTRACT 92-8 If you recall, a water quality project has been incorporated within the Blackhawk Project. To facilitate greater effectiveness with in-basin treatment, it has been deemed advisable to install a landing for the weed harvester. This would be located at the end of our bituminous path and extend into the lake. A solid non-erodible surface is needed here. The proposed landing would be constructed of an 8 inch thick Geoweb. The Geoweb has cells that would be filled with 3/4" limestone rock. The 16 ft. x 20 ft. Geoewb would provide sufficient resistance to erosion for this site. The contractor, Bituminous Roadways, has quoted us a price of$1,985 for the complete installation. The cost of this item would be taken from the Water Quality Fund. The total for Change Order #2 is $1,985. With approximately 85% of the project complete, this represents an increase to the original contract by approximately 1/2%. Staff currently requests City Council consideration of Change Order #2 for Improvement Contract 92-8 in the amount of $1,985. I have provided you a copy of the Change Order for your reference. Thank you. KV/nh 92-8/co2.mem CHANGE ORDER #2 CITY OF EAGAN DATE: August 31, 1993 CONTRACT: 92-8 PROJECT: Blackhawk Community Park CONTRACTOR: BITUMINOUS ROADWAYS, INC. 9050 JEFFERSON TRAIL INVER GROVE HEIGHTS, MN 55077 DESCRIPTION OF WORK: This change order provides payment to the contractor for costs incurred for materials and labor on items not included with Improvement 92-8 or Change Order 1. Compensation shall be made in accordance with the following items. • 1TEM #1 Shape area • ITEM #2 Furnish and install a 16' x 20' area of 8 inch thick Geoweb • ITEM #3 Furnish and install 3/4 inch clear limestone in cells of Geoweb • ITEM #4 Furnish and install Class 5 aggregate over the top of the Geoweb and clear rock Total Amount $1,985.00 ORIGINAL CONTRACT AMOUNT $440,681.55 CHANGE ORDER #1 $ 6,420.50 CHANGE ORDER #2 $ 1,985.00 REVISED CONTRACT AMOUNT $449,087.05 CERTIFICATION I hereby certify that this document was prepared by me or under my direct supervision and I am a duly registered Landscape Architect under the laws of the State of Minnesota. C. J. Lilly Date AUTHORIZATION OF APPROVAL City of Eagan Bituminous Roadways, Inc. 3830 Pilot Knob Road 9050 Jefferson Trail Eagan, MN 55123 Inver Grove Heights, MN 55077 Mayor , Contractor Thomas A. Egan , Date , Date , City Clerk E. J. VanOverbeke , Date DISTRIBUTION Ken Vraa, Director of Parks and Recreation C. J. Lilly, Landscape Architect/Parks Planner Rich Brasch, Water Quality Coordinator Bituminous Roadways, Inc. 92-$/co2.frm Agenda Information Memo September 7, 1993 City Council Meeting TRAILWAY EASEMENT/NORTHWEST AIRLINES U. Release of Trailway Easement, Northwest Airlines, Inc./Semi-Conductor Property--In the 1980's, the City received an easement from the Unisys Corporation for purposes of constructing a trailway between two parks in the area. Subsequent to that easement being granted, Unisys sold the property which has the easement to Northwest Airlines, Inc. The City has since determined that construction of a trail on the easement would not be advisable considering the possible loss of trees as a result of the construction and also that there is potential for walkers to gain access between the two parks via the internal street system serving the property. Northwest Airlines is now requesting that the City release them from the easement. Enclosed on pages 14L through (p is a copy of a memo from Director of Parks & Recreation Vraa detailing further information about this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a quit claim release of the easement between Unisys Corporation and the City of Eagan dated February 7, 1989. MEMO _city of eagan DATE: AUGUST 31, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR y.7),, FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: RELEASE OF TRAIL EASEMENT; FORMER UNISYS PROPERTY Issue The issue before the City Council is a request from Northwest Airlines Inc. to release them from an easement previously granted to the City by Unisys Corporation prior to the time of acquisition by Northwest Airlines of the old Semi-Conductor property. Background In the late 1970s, it was envisioned that there would be a trailway connection between two of the city parks located in Park Service Section 9. The trail would connect Pilot Knob Park to what has now become known as Quarry Park. At the time the trail connection was envisioned, the exact location of the parks and trail were not defined. The City was not prepared to define the trail because it did not know the ultimate size and design of the park and Unisys Corporation did not wish to determine an easement because of future campus expansion. It was generally agreed by Unisys that they would provide a trailway easement generally along its property borders. In the early 80s, there were attempts by city staff to negotiate a trailway easement between the two parks which would go through the central portion of the Unisys property rather than following property lines. Unisys Corporation was reluctant to do this for a number of reasons including possible future platting of the property and security for their various buildings. Ultimately, Unisys did provide an easement to the City which followed property lines as had been earlier agreed to. Also in the late 1980s, residents north of the Unisys property strongly objected to the trailway connection because of the claimed discrepancy regarding the location of the north property line of the Unisys parcel. The City then determined that it would not construct a trailway within the easement recognizing the boundary dispute, the loss of trees as a result of construction and the potential for walkers to gain access between the two parks via the internal street system serving the property. Release of Trail Easement; Former Unisys Property Page -2- In the 1980s, Unisys was under a great deal of stress relative to their semi-conductor facility and the downsizing of the corporation. Potential sale of the Unisys property meant that further discussions regarding possible relocation of the trailway along the street be ended. In September of 1991, Unisys sold the property (which has the easement) to Northwest Airlines, Inc. It should be noted that the easement documents from Unisys to the City were signed and delivered. They were never recorded in the real estate records of Dakota County nor were they included on a plat or other official documents. This was because the city had determined it would not use that easement for trailway construction as was previously mentioned since an attempt to put a trailway through the site would not be feasible. At this time, Northwest Airlines, Inc. is seeking release of the easement made between Unisys and the City on the property that is now owned by Northwest Airlines. Given the previous issues involved, the past actions of the City Council, and recognizing that informal use of the private road system currently in place is accessible to all walkers, it appears that a release of this easement is appropriate. For Council Action To approve a quit claim release of the easement between Unisys Corporation and the City of Eagan dated February 7, 1989. KV/nh n3/easement.mem EASEMENT-_ SKETCH - - WEST L,UE car. _ _ iALC : /'�s /COI _- -- Lut 3 165.53-" • �0° /2' 35.E - ---� ��L'ot ai�or3dl l - — ' I iik/IS1S PARK — - _ _ ,�_�_ _ 1 �, - IS' i;Mt Fat ►vALK 1 , /9' a-reAFL- deq•47'zsY r / D... \ I *>.a,.,rthF 1'5.00 tl.9o•�l'o4" \ I ••-,L 1,.? t:,A7) A:/50.°° 1 /r,— r�IP'�1 L`236.10 11 l 5�.c.1e Of I /�ORl7/ . --Tr SBSm � I it I _ II EA3 MT OL.2 4/4 7-) LOT 3 \ ,/ I I' I I 11 /.IJ• L,NE of Lo 7-3 I 11 1 BLOCK 1 �' SEsHT Acet {oJ411 •'1-RA,L. II, 1, C- I ii I II I1 UNISYS PARK \, �I , 1 I I I 11, I I . I', I N:. //,s/tf 9 ' .." ty•I'� `Dr own; Taw" Cowen.►w. T ^' f1� (��Mll�r �.w u.. ES/i'l 7- '/ KET� H p,(, ...�.•••-•,....n..�. Sheet�o. �/ rwl .,-•vim--Y•�M I 4 V Agenda Information Memo September 7, 1993, City Council Meeting VACATION/TOWN CTR 70 - 12TH & 13TH ADDITIONS (APPLEBEES) V. Vacate Drainage&Utility Easements,Receive Petition/Order Public Hearing-Town Centre 70 - 12th & 13th Additions (Applebees)--With the proposed parking lot expansion for the Applebees Restaurant and the replatting of the Town Centre 70 - 12th & 13th Additions, the property owner has submitted a petition requesting the vacation of the existing underlying common lot line drainage and utility easement. It is proposed to have this easement rededicated at the new property line associated with the final platting of the Town Centre 70 - 12th & 13th Additions. All application materials have been reviewed by staff and found to be complete and in order for formal Council consideration of scheduling a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate drainage and utility easements for Town Centre 70 - 12 & 13th Additions, and schedule a public hearing to be held on October 5, 1993. Agenda Information Memo September 7, 1993 City Council Meeting AGREEMENTS/CITIES OF APPLE VALLEY AND WEST ST PAUL/MDT SYSTEM W. Agreements with Cities of Apple Valley and West St.Paul for Public Safety Mobile Data Communication System--The Eagan Police Department installed their mobile data terminal (MDT) system in late 1990. In an effort to offset Eagan's initial investment and ongoing maintenance costs, the Cities of Eagan, Apple Valley and West St. Paul are consolidating their efforts to share hardware and maintenance costs for MDT systems. In order for this to be accomplished, it is necessary that the Council approve separate agreements with the City of Apple Valley and with the City of West St. Paul for a mobile data communications system. Enclosed on pages 4 1 through 5-6-'is a copy of a memo from Chief of Police Geagan regarding the agreement with West St. Paul for public safety mobile data communication system and also a copy of the proposed agreement. The information and agreement for the City of Apple Valley is identical and is not included. ACTION TO BE CONSIDERED ON THIS ITEM: To approve agreements with the Cities of Apple Valley and West St. Paul for public safety mobile data communication system. &? police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration& Investigation city of eoc�on JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE: (612)681-4700 TDD: (612)454-8535 PATRICIA AWADA FAX: (612)681-4738 SHAWN HUNTER SANDRA A, MASIN THEODORE WACHTER September 7, 1993 Council Members THOMAS HEDGES City Administrator E.J. VAN OVERBEKE TO: TOM HEDGES, CITY ADMINISTRATOR City Clerk FROM: PATRICK J. GEAGAN, CHIEF OF POLICE SUBJECT: AGREEMENT WITH WEST ST. PAUL FOR PUBLIC SAFETY MOBILE DATA COMMUNICATION SYSTEM The Eagan Police Department installed their Mobile Data Terminal (MDT) system in late 1990. The MDT system enables Officers to confidentially transmit information to Dispatch, other Officers, or to inquire and receive State information. This keeps the airwaves free for other purposes. The cities of Eagan and West St. Paul are consolidating their efforts to share hardware and maintenance costs. This helps offset Eagan's initial investment and will pay for ongoing maintenance costs. This consolidation is also a source of revenue for the City of Eagan. Monies paid by West St. Paul will help pay replacement costs. Attached for Council review and approval is an Agreement with the City of West St. Paul for a Mobile Data Communication System. Sharon Hills of Jim Sheldon's office has reviewed and approved this document. Patrick J. C=agan Chief of Pol . e Attachment THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer C PUBLIC SAFETY MOBILE DATA COMMUNICATION SYSTEM AGREEMENT: THE CITY OF EAGAN AND THE CITY OF APPLE VALLEY THIS AGREEMENT is made and entered into this day of 1993 , by and between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "Eagan") and THE CITY OF APPLE VALLEY, Dakota County, Minnesota, (hereinafter "Apple Valley") . W I T N E S S E T H: WHEREAS, Eagan and Apple Valley are authorized by Minn. Stat. §412 . 221 to establish, equip, and operate a police department; and WHEREAS, Eagan and Apple Valley are authorized by Minn. Stat. §436 . 05 and 471 . 59 to enter into this Agreement for the furnishing Apple Valley access to the mobile data communication system ("M.D. C. ") owned by Eagan for providing Apple Valley with M.D. C. capabilities; and WHEREAS, Apple Valley has requested and Eagan has accepted the provision of M.D. C. system access, subject to the terms and conditions contained herein; and WHEREAS, Apple Valley Police Department's connection to Eagan's M.D. C. system for M.D. C. capabilities is required in order that Apple Valley Police Department's communications between an Apple Valley public safety unit and the Apple Valley dispatch center, other Apple Valley public safety units, or the Department of Public Safety are expediently, effectively, and efficiently transmitted and received; and WHEREAS, Apple Valley and Eagan acknowledge the benefit to the operation of their respective police departments by the availability of such M. D. C. system capability and it is in the best interest of Apple Valley, Eagan and the public to provide the service referred to above. NOW, THEREFORE, it is mutually agreed by Eagan and Apple Valley hereto as follows: A. M.D. C. Service. 1. Accessibility to M.D. C. System; Ownership of Components. Eagan shall provide Apple Valley Police Department connection to Eagan's M.D. C. system 24 hours per day, 365 days per year. Apple Valley shall acquire and install any and all mobile data terminals and assorted hardware (collectively "M.D.T. 's") , in accordance with the specifications established by � C� Eagan, to be used by Apple Valley and shall be solely responsible for any and all costs incurred therefor. Eagan shall retain ownership of the principle M.D.C. system, which does not include any M.D.T. 's acquired by Apple Valley Police Department. 2 . Compliance with FCC Rules and Standards. Apple Valley and Eagan agree all M.D.T. communications made shall be in accordance with all rules and standards of the Federal Communication Commission ("FCC") . 3 . FCC License Fee and Costs. Apple Valley shall pay a percentage, based on the number of Apple Valley M.D.T. 's, of Eagan's FCC license fee, provided Eagan is required to upgrade its FCC license by reason of Apple Valley's connection to Eagan's M.D. C. system. Apple Valley shall pay any FCC fees or costs incurred by Eagan as and for any FCC-required information filings by reason of Apple Valley's connection to Eagan's M.D.0 system, provided Apple Valley shall be responsible only for such filing fees or costs in proportion to the number of new Apple Valley M.D.T. 's which are added to Eagan's M.D. C. system and require such filing (s) . 4 . Software Service Contract Fee. Apple Valley shall pay a percentage, based on the number of Apple Valley M.D.T. 's, of any fee as and for an annual software service contract as executed by Eagan. Such service contract shall provide Apple Valley software service coverage for its M.D.T. 's 24 hours per day, 365 days per year. 5 . Hardware Repair Fees. Any and all repairs required for the parties' M.D.T. 's shall be furnished and performed by the repair vendor as specified by Eagan. Eagan shall advise Apple Valley of any repair vendor changes. Each party shall be solely responsible for any and all costs incurred on each respective party's own M.D.T. hardware. 6. Base System Upgrades/Enhancements. No upgrades or enhancements to Eagan's M.D. C. base system may be made without first obtaining the approval of a majority of the cities connected to Eagan's M.D.0 system. Any and al3 upgrades or enhancements to the base system that mutually benefit Apple Valley and Eagan, Apple Valley shall pay a percentage, based on the number of Apple Valley M.D.T. 's, of the fees or costs for such upgrade or enhancement. Each party shall be solely responsible for any costs incurred for any upgrade or enhancement that solely benefits that party. -2- SI B. Expense Reimbursement. 1 . Apple Valley agrees to pay Eagan in accordance with the Fee Schedule attached and incorporated hereto as Exhibit "A, " subject to the following conditions: a. Billing Statement. Eagan shall submit to Apple Valley quarterly itemized billing statements for any service fees due by Apple Valley for the quarter and Apple Valley shall pay Eagan within thirty (30) days following Apple Valley's receipt of such statement. b. Modification of Fee Schedule. Eagan may modify the Fee Schedule with such modification commencing January 1 of any year, upon written notice to Apple Valley thereof by January 31st of the preceding year. Any modification in accordance herewith shall be deemed accepted by Apple Valley unless Apple Valley objects to the modification by March 15 of the notification year. C. Term and Removal . 1 . This Agreement shall become effective retroactively on May 1, 1993 and shall terminate on December 31, 1997 . 2 . Apple Valley may terminate this Agreement, provided Apple Valley City Council rejects Eagan's Fee Schedule modification and gives written notice to Eagan of its intent to terminate this Agreement within 30 days of its rejection of Eagan's fee modifications. 3 . In the event Apple Valley terminates or otherwise cancels this Agreement prior to its termination date, Apple Valley shall, nevertheless, be bound by the terms of payment under this Agreement for any and all fees due up through the end of the month of termination except any monies paid for the annual software service contracted shall not be reimbursed to Apple Valley. D. Liability. 1 . Apple Valley agrees to indemnify, defend and hold Eagan harmless from any claims, demands, actions or causes of action arising out of any act or omission on the part of Eagan or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by Eagan under this Agreement. -3- E. Alteration or Modification of Agreement. 1. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 2 . This Agreement shall constitute the entire Agreement between the parties and shall supercede all prior oral or written negotiations or agreements relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY OF EAGAN, a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk CITY OF APPLE VALLEY, a Minnesota municipal corporation By: W. E. Branning Its: Mayor By: Mary E. Mueller Its: City Clerk -4- S3 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1993 , before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN 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 on 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 , 1993 , before me a Notary Public within and for said County, personally appeared W. E. BRANNING and MARY E. MUELLER 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 Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on 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 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 SKH/wkt CITY OF EAGAN FEE SCHEDULE: MOBILE DATA COMMUNICATION SYSTEM ACCESS BY APPLE VALLEY POLICE DEPARTMENT Service Fee Amount 1. Coordination/consultation $100. 00 (monthly flat fee) 2 . System Usage $216. 00 (annual fee per Apple Valley M.D.T. ) 3 . Connection $200. 00 (one-time charge per Apple Valley M.D.T. ) 4 . Software Service Contract % of M.D.T. 's owned by Apple Valley 5. Base System Upgrades/Enhancement % of M.D.T. 's owned by Apple Valley 6. FCC Fees and Costs a . License Fee % of M.D.T. 's owned by Apple Valley b. FCC Information Filings % of new M.D.T. 's owned by Apple Valley Agenda Information Memo September 7, 1993 City Council Meeting PROJ. 635. RECEIVE FINAL ASSESSMENT ROLL X. Project 635, Receive Final Assessment Roll/Order Public Hearing (Lakeview Trail- Streets and Utilities)--The installation of streets and utilities to service the Lakeview Trail Addition as well as the installation of the watermain along Dodd Road south of Cliff Road has now been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss the final costs associated with this public improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 635 (Lakeview Trail-Streets and Utilities) and schedule a public hearing to be held on October 5, 1993. PRO.T. 640, RECEIVE FINAL ASSESSMENT ROLL Y. Project 640, Receive Final Assessment Roll/Order Public Hearing (St. Thomas Becket-Utilities)--The installation of utilities to service the St.Thomas Becket Addition have been completed, all costs tabulated and the final assessment roll prepared. This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs proposed to be assessed under this public improvement project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 640, (St. Thomas Becket-Utilities) and schedule a public hearing to be held on October 5, 1993. -c-CO Agenda Information Memo September 7, 1993 City Council Meeting GRADING PERMIT #EX-10-163 (O'NEIL PROPERTY-SEC. 10) Z. Grading Permit #EX-10-163 (O'Neil Property-Sec. 10)--On August 24, staff received an application to place approximately 350,000 cubic yards of fill on a portion of the O'Neil property located north of Yankee Doodle Road and east of I-35E. As a part of the review process, notices are sent to all property owners within 350' of the property in question. In addition, the plan is processed through the Engineering Division, the Forestry Division, the Water Res?,ye Coordinator and the Planning Division for review and comment. Enclosed on pages 3' through (D/ is a copy of said notice and map location. The present policy pertaining to grading permit issuance allows staff to administratively approve and issue the grading permit if there are no objections received within 10 days of the notice distribution. The expiration of the 10 days will be at the end of the working day of Friday, September 10, 1993. However, if there are any objections to the application as a result of this notification process, the staff will then forward those concerns to the City Council for their consideration of approving or denying a permit application. The response from various staff reviews indicate that the proposed grading conforms with the tree preservation guidelines, does not impact any identifiable wetlands,adequate erosion control and restoration provisions have been designed and there are no conflicts with existing or proposed development processes. If the City staff receives some objection or concern comment on Tuesday, September 7, the applicant would like to have the issue brought before the City Council that same evening to try and resolve those concerns rather than being delayed two more weeks to the October 5 meeting for resolution. With this volume of fill, the timeframe becomes very critical due to the limited construction season left. If there are no objections, this item is presented for the Council's informational benefit. If there are any objections, staff will request that this item be removed from the Consent Agenda so that it can be properly addressed. In addition, the Contractor has requested approval of extending the hours of operation to allow work to occur between 4 a.m. and 12 midnight as identified in the letter enclosed on page (pc?... ACTION TO BE CONSIDERED ON THIS ITEM: To approve the grading permit #EX-10- 163 (O'Neil property-Section 10) and to approve/deny a variance request to allow work between the hours of 4 a.m. to 12 midnight. s. r? city oFecicjcin THOMAS EGAN Moyor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN August 25, 1993 THEODORE WACHTER Council Membe.s THOMAS HEDGES City Administroto' E.J. VAN OVERBEKE City Clerk RE: APPLICATION FOR GRADING/EXCAVATION/FILL PERMIT #EX-10-163 PARCEL I.D. #10-01-000-010-56-1, 76-1, 77-1 GENERAL LOCATION: O'NEIL PROPERTY Dear Property Owner: This letter is to inform you that the City has received an application to alter the existing topography through grading, filling and/or excavating approximately 27 acres of the above-referenced parcel located within 350' of your property. This activity is not associated with any proposed development at the present time, but rather, only deals with the removal and/or deposit of clean fill material. If there is any subsequent development proposal/application, you will be informed through a formal mailed notice. If you have any questions or concerns regarding the City's review and processing of this Grading Permit, please contact the Engineering Division of the Public Works Department at City Hall, 681-4646 by September 10, 1993. - /AK. E. Knudsen engineering Division cc: Mayor and City Council City Administrator Director of Public Works Zoning Administration CEK/je MUNICIPAL CENTER MAINTENANCE FACILITY THE LONE OAK TREE 3501 COACHMAN POINT EA GAN. '�M N:OE TOAD�r, THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ';ESOTA 551221897 THE MINNESOTA 5`122 PHONE■ (612)6E1-460- PHONE (612)681-4300 FAX (C2)6b1.4612 Equal Opportunity/Affirmative Action Employer FAx (612)6E'-436;, TDD (612)254-B531' �� - TDD (612)452-8535 f :,E .1 11 PAR. I L/ �/�/ �=_ g — s k iS s� f / * c1 o s SKYLINE TP fr2 .r5�� o� R• s o �!� SKrLMt M1M-:• L� /?C� i ^ G ? WLIa No' �j` I w ? CMC$ O•. • RD �� .. .�J - o Re 1.r 261r r a - /.rte (C RI a 761 - _--.._. ..-. _ kip 1�%"�'I� q 4 _ e . , - iji /�r,7'C' cG♦a > �Zer �� J I TR �F QU �'• �� F � ,lr •If .NW RE CCD•S faD •4., l)__� `NW `.)S fa gNW NE NW a° L t♦ a0� TCA•T aorta RD ‘, �.,� !' NE ('� oe o v �i LU ' R. .411.IN. M•• 'E PARK • y� _II ' `� ` / > ° °a-', NIGH IT . 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J! .;I I .,I 1;, ,iI. .li I('/"-_-_-_,--• / ) / - � - / i\I f ,..,-..,,,,,1`\\\ \.,, /. i ■ : .'_lE 1 — / 9 \ I 1 I l J --- /..�. ■ v /Il l ,I ,t1 I / A � — �' l I ,_ /. )r I p fit`�, ` . its %./�.• �� 1 / ./1 / / \ 1 _ -�- ._ q .I 1 / i - ' - /// \ r— / 1l`: •• 1\ is / _ __ / / eye .! - �- I-- ---- H ,..\.6- / - j 1 a _--' , ,,, , • _ I� e9� – r, � • wa �- -� ` I 11 llLl t i ';‘, \ \.., \ 1 l'I.,1' '''. - ------ -.IN r 1 \ \ \\ - . •. 11' `dI x '1 ' 1I1 "� 11 R, `�\ `,�`7 ' '� \i f=.'-"�.r—L'i -- - - 1 . 1 I 1 11 `� % ,....,--',,..,\ �. \�, J 1 Li 1 ' { \ :'‘-;;:f.111"...%1 II �� ,rp �,,,\1 _ CNL income Fund II Ltd. The Reldan Lmtd. Ptnshp. Fred D. Massimini 400 South St. E., Ste. 500 5354 Parkdale Dr., Ste. 100 Josephine Massimini Orlando, FL 32801 Minneapolis, Mn. 55416 3523 Wright Wood Ct. North Hollywood, Ca. 91604 Signal Bank, Inc. Town Centre Prof. Ptnshp. Rovick Realty Co. 100 Signal Hills Town Centre Prof. Bldg. 4015-65th St. W. St. Paul, Mn. 55118 1260 Yankee Doodle Rd. Edina, Mn. 55435-1722 Ste. 200 Eagan, Mn. 55121 Eagan Hgts. Commercial Park Blue Cross/Blue Shield of Mn. Fayette Funding Lmtd. Ptnship. 3470 Washington Dr. 3535 Blue Cross Rd. c/o Valvoline Instant Oil Eagan, Mn. 55122 Box 64560-Attn. Dean Heinle 201 Main St. E. Eagan, Mn. 55122 Lexington, KY. 40512 Carriage Green Gen. Ptnshp. NW Mutual Life Ins. Co. Stanley & June Ketcham 2177 Youngman Ave. 720 Wisconsin Ave. E. 3345 Lexington Ave. So. 300 Shepard Park Off. Ctr. Milwaukee, Wi. 53202-4703 Eagan, Mn. 55121-2206 St. Paul, Mn. 55116 Dolores E. Roberts Lawrence & Ellen Martin John LaPointe 3325 Lexington Pkwy. So. 3305 Lexington Ave. So. 14788 Scott Lake Rd., S.E. Eagan, Mn. 55121-2206 Eagan, Mn. 55121-2206 Brainerd, Mn. 56401-8802 Robert & Shirley Widman Donald J. Michaletz Midwest Savings, Assoc. 3265 Lexington So. 3255 Lexington Ave. So. Lexington Land Co., Inc. Eagan, Mn. 55121-2210 Eagan, Mn. 55121 c/o Marvin Poer Co. 33-6th St. S., Ste. 3920 Minneapolis, Mn. 55402 Richard Burger Dakota Electric Assn. State of Minnesota Carl Olson 4300-220th St. W. Mn/DOT 6324 Pheasant Ct. Farmington, Mn. 55024-9583 1560 Highway 55 Edina, Mn. 55436-1920 Hastings, Mn. 55033 �Vt SEP- 2-93 THU 10:42 JOHNSON BROS WAYZATA FAX NO, 6124738561 F. Dl JOHNSON EROS. :CORPORATION r.c.Dos woe LitAnO,winnuob SUSS-1002 \ ) Ttlepnone(e,2)e93:e» j TYa(RCA)2,22‘75 JBC.UR Fax(el")er.�-oi� September 2, 1992 Mr. Craig Knudsen, Engineering Technician City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 FAX 681-4612 Re: Grading Plan for O' Neil Property Dear Mr. Knudsen: Johnson Bros Corporation requests permission to work two shifts on Monday through Friday while completing the planned embankment on this property. We would plan to work from 4 :00 AM to 1Z:00 Midnight. Thank you for help. Please call me if you have any more questions. Sincerely, Jack McCreery Vice President Johnson Bros Corporation AN EQUAL OPPORTU : ER Agenda Information Memo September 7, 1993 City Council Meeting PRO.T. 658, RECEIVE PETITION/ORDER FEASIBILITY REPORT CEDARVALE AREA-STREETLIGHTS AA. Project 658, Receive Petition/Order Feasibility Report (Cedarvale Area - Streetlights)--City staff has received a petition from five businesses in the general Cedarvale Shopping District requesting the installation of continuous streetlighting along Cedarvale Boulevard and intermittent streetlights at strategic locate along Beau D'Rue Drive from Nicols Road to Silverbell Road. Enclosed on page (0Cis a map showing the requested streetlights and the petitioning property owners. The number of petitioners is less than the standard 35% of the affected property owners that is normally required to proceed with the costs associated with preparing a feasibility report and conducting a public hearing. However, this petition is being presented to the City Council for their consideration as a result of previous working relationships with representatives of this business district to try and facilitate improvements that would generate economic development in this area. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project #658 (Cedarvale Area-Streetlights). (03 uu �• I 1;pi."pi."� 1� •11.1�•� ) 4. nR.• , r ' * \ •i •/ ; ' '/0 �•I I a`v ,t — • L _ M / /' f iR,iM'. ,r•�MY• -- -ter, ! s \ a ,i - '1l 11 2 S� '°°�� __ �, .A�/�f�S 5� /!, < �\,;; , :<\ ,.... „.....,:,,,G\ , , / 1� u It - �j ' 'er a C �, - i,40- /!i'/ ,►` .�2 ::‘,‘4.,7_� a `r:^'�/I/ / //.� • ,./. .s{^.iii _ �,: \ , C e,J, i �/ Yr .7i:'{ ' �'4' r� :: :% • / any A � ;;'�;• ' :77: /�' , /°-\.��' _'71:: :G: •:;;;:::::••iip•• ��_ J'�a.�\` `��'`��6,.: ::it• iii' .' • x „..ii,...-: r• ........ ......... .r' o . L � tilr ':i iii i : 7 t.a r»il: /, :inn'.. :li• f / ! , J Aol ■ . i i ,,,r ,,,,,,,,,zy‘ t 2,. s s‘ .v':,s::::: �,r \° "0 '' y i i\z if 0 . ,, ,, - ..-.-.---- -,, ••••., - \-,,-, ..-ov .-- " - / 4(/'•i aiit„ fc •�. ,� \ /1 ✓r■r.Iwc. 'XI t r � 1p—, ' lE AU D RUE ��I lrE ii A < `--. \ r 1 / / + - % — i• : I?. II -'' 1 , 1.--Nt".■ et i # um' ,;/ 1'-'-"--._..\.. ."Ar---- :::-\.::/1"..-' r■VI...is -ewe - '-..Z IVIS , '6..C.1‘ • ' g PETITIONING PROPERTY OWNERS 0 13 150 WATT CONTINUOUS COMMERCIAL TYPE STREET LIGHTS A5 150 WATT INTERMITTENT STREET LIGHTS standard City of 88Q8n PROJET NO. 658 approved . plate * : PUBIC 1 .:+ WORKS CEDARVALE AREA STREETLIGHTS DE PARTME NT m. co 4- Agenda Information Memo September 7, 1993 City Council Meeting SETTLEMENT AGREEMENT/PROJECT 590/DANIEL HENSCHEN AB. Stipulation of Settlement, Final Assessments, Project 590, Daniel Henschen--At the time of the final assessment hearing for the above-referenced project, the City received an objection from Daniel Henschen for property identification#10-03400-011-50. The property owner followed the objection with an appeal to district court. Subsequently, as a part of the City appraisal process and litigation associated with this court appeal, a stipulation of settlement agreement has been prepared and approved by the appellant and is being presented to the City Council for their concurrence. The settlement agreement has been reviewed by the City Attorney's office and City staff and found to be in order for favorable Council action. Enclosed on page LP(Dis a resolution authorizing the Mayor and City Clerk to execute said agreement. This will allow the City to levy the new assessment for collection. Enclosed without page number for the Council's information is a copy of a privileged and confidential memo from the City Attorney's office regarding this agenda item and the following agenda item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stipulation of settlement agreement for property identification #10-03400-011-50 and approve the resolution authorizing the Mayor and City Clerk to execute all related documents. (IC' RESOLUTION OF THE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on November 5, 1992 , the City of Eagan assessed land identified by Property Identification Number 10-03400-011-50 ("Subject Property") for street improvements as part of Public Improvement Project No. 590; and WHEREAS, Daniel Henschen and Patty Henschen, the owners of the Subject Property have brought an action in District Court appealing the assessment identified as Dakota County District Court File No. C9-92-9763 ; and WHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. CITY OF EAGAN Dated: , 1993 . By: Thomas A. Egan Its: Mayor ATTEST: By: E.J. VanOverbeke Its: City Clerk 6 Agenda Information Memo September 7, 1993 City Council Meeting SETTLEMENT AGREEMENT/PROJECT 590/FRANK LEHMANN AC. Stipulation of Settlement, Final Assessments, Project 590, Frank Lehmann--At the time of the final assessment hearing for the above-referenced project, the City received an objection from Frank Lehmann for property identification #10-03400-050-29. The property owner followed the objection with an appeal to district court. Subsequently, as a part of the City appraisal process and litigation associated with this court appeal, a stipulation of settlement agreement has been prepared and approved by the appellant and is being presented to the City Council for their concurrence. The settlement agreement has been reviewed by the City Attorney's offi and City staff and found to be in order for favorable Council action. Enclosed on page(p' is a resolution authorizing the Mayor and City Clerk to execute said agreement. This will allow the City to levy the new assessment for collection. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stipulation of settlement agreement for property identification #10-03400-050-29 and approve the resolution authorizing the Mayor and City Clerk to execute all related documents. RESOLUTION OF THE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on November 5, 1992 , the City of Eagan assessed land identified by Property Identification Number 10-03400-050-29 ("Subject Property") for street improvements as part of Public Improvement Project No. 590; and WHEREAS, Frank Lehmann and LaVerna Lehmann, the owners of the Subject Property, have brought an action in District Court appealing the assessment identified as Dakota County District Court File No. C7-92-9762 ; and WHEREAS , the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf . CITY OF EAGAN Dated: , 1993 . By: Thomas A. Egan Its: Mayor ATTEST: By: E.J. VanOverbeke Its: City Clerk llJ Agenda Information Memo September 7, 1993, City Council Meeting PUBLIC HEARINGS;;'. FINAL ASSESSMENT HEARING (WOODLANDS NORTH 2ND ADDN) A. Final Assessment Hearing, Project 630 (Woodlands North 2nd Addition - Streets & Utilities)--On August 3, the City Council received the final assessment roll for the above- referenced project and scheduled a public hearing to be held on September 7 to formally present the final costs associated with these public improvements. Enclosed on page `77j is a summary tabulation of the final assessment as compared to those contained in the feasibility report presented at the original public hearing held on April 9, 1992. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment public hearing. All assessments associated with this project are confined to the newly created lots of the Woodlands North 2nd Addition and guaranteed through the terms of the development agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 630 (Woodlands North 2nd Addition - Streets & Utilities) and authorize its certification to Dakota County. (.4 FINAL ASSESSMENT HEARING PROJECT NUMBER: fi3n ASSESSMENT HEARING DATE: SF PTV MAFR 7, 1992 SUBDIVISION/AREA: WOODLANDS NORTH 2ND PUBLIC HEARING DATE: APRIL 9. 1992 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. Feasibility Report FINAL P.R. FINAL P.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ❑ Trunk ❑ Trunk © Laterals $1024.00/lot _ $1.110.00/lot ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base © Laterals $ 567.31/lot $ 634.50/lot Lbl Surfacing $l,578.51/lot_ $1.214 nn/tit ❑ Service ❑ Res. Equiv. ❑ Lat. Benefit/ ❑ Multi Equiv. _ Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS © Water & San. Sewer $1,074.86/1ot $ 831.50/lot © Installation $ 141.31/1 t _ $ 106.00/lot ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $ 38,960.00 F.R. 92-09 10 5 Yrs. 6.5 % $ 43,861.90 _n_ LOMMENTS: REVISED AUGUST 19, 1993 r"..k Agenda Information Memo September 7, 1993, City Council Meeting FINAL ASSESSMENT HEARING (GREAT OAKS ADDNZ B. Final Assessment Hearing,Project 633 (Great Oaks Addition - Streets & Utilities)-- On August 3, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on September 7 to formally present the final costs associated with these public improvements. Enclosed on page —7 3--is a summary tabulation of the final assessment as compared to those contained in the feasibility report presented at the original public hearing held on July 7, 1992. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment public hearing. All assessments associated with this project are confined to the newly created lots of the Great Oaks Addition and guaranteed through the terms of the development agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 633 (Great Oaks Addition - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT SEARING PROJECT NUMBER: 633 ASSESSMENT SEARING DATE: SEPTEKRFR 7, 1993 SUBDIVISION/AREA: GREAT OAKS PUBLIC SEARING DATE: JULY 7, 1992 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. — Feasibility Report FINAL * P.R. FINAL *F.R. SANITARY SEWER BATES RATES STORM SEVER RATES RATES ❑ Trunk © Trunk N/A $95.00/Unit Ed Laterals $3,773.85/Unit $4,919.571 Unit © Laterals t2,083.93/Unit =2,635.65/(;nit_ ❑ Service ❑ Lat. Benefit/ Trunk ❑ Let. Benefit/ Trunk WATER STREETS ®Trunk N/A $587.96/Unit ❑ Gravel Base ❑Laterals ❑ Surfacing $5,510.79/Unit $5,649 57/Unit- ❑ Service ❑ Res . Equiv. ® Let. Benefit/ ❑ Multi Equiv. Trunk $3,114.06/Unit $3,265.22/Unit ❑ C/I Equiv. ❑WAC D Trail SERVICES STREET LIGHTS ® Water E. San. Sewer $1,066.91/Unit ;1,368.70/Unit Installation 286.02/Unit $ 250.00/Unit ❑ Energy Charge CONTRACT # OF' INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED 355,937.88 $ 49,934.87 92-09 23 5 Yrs . 6.5 $ $ 431,725.00 F.R. $ 61,205.00 F.R. COMMENTS: * Restated to reflect spread over 23 lots. 1a, Agenda Information Memo September 7, 1993 City Council Meeting .......................��+t...........c....... OLD BUSINESS TRAIL CONNECTION/STANWIX ROAD ISSUE A. Trail Connection, Stanwix Road Issue--The City Council had requested the Advisory Parks, Recreation and Natural Resources Commission to study whet her th er e s hould be a trail connection between the proposed Gardenwood Ponds Addition in the Wescott neighborhood addition via Stanwix Road. Stanwix Road itself will not interconnect with the Gardenwood Ponds Addition. The APRNRC has studied the issue,. is recommending to the Council that a trailway be installed. Enclosed on page ' is a copy of a memo from Director of Parks & Recreation Vraa regarding this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a trail connection between the proposed Gardenwood Ponds Addition and the Wescott neighborhood addition. � 3 MEMO _city of eagan DATE: AUGUST 12, 1993 TO: TOM HEDGES, CITY ADMINISTRATOR M: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: TRAIL CONNECTION STANWIX ROAD ISSUE Issue The City Council directed to the attention of the Advisory Parks, Recreation and Natural Resources Commission whether there should be a trail connection between the proposed Gardenwood Ponds Addition and the Wescott neighborhood addition via Stanwix Road. Background The City Council, at the request of the residents of the Wescott Addition, determined that tY q Stanwix Road will not interconnect with Gardenwood Ponds Addition. The current roadway will be cul de sac-ed. The issue before the Commission is whether there should be a trailway connection. Advisory Commission's Recommendation At the August 5 Commission Meeting, the Commission recommended on a 4-2 vote that a trailway be installed. As reflected in the Commission's vote, there was a diversity of opinion relative to this trailway connection. Proponents of the trailway reasoned that the connection would be part of a transportational/recreational loop for walkers as well as a favored connection for individuals to Woodlands Elementary School or Eagan High School. Those voting against the trailway reasoned that there were other alternative ways to reach the high school and elementary schools. If the residents were against the street connection, then they would also be opposed to a trailway connection. In making its recommendation to the City Council, the Commission did give to the staff some latitude as to trail width and definitive alignment pending review with the developer. KV/nh n3/stanwix.mem cl Agenda Information Memo September 7, 1993 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT/VARIANCES/ TOWN CENTRE 100 12TH ADDITION/MANN THEATERS B. Preliminary Plat, Town Centre 100 - 12th Addition/Mann Theaters Inc., Consisting of Approximately 6.7 Previously-Zoned CSC (Community Shopping Center) Acres Within the Eagan Heights Commercial Park Planned Development,Conditional Use Permit for a Pylon Sign and a Variance for Parking Requirements Located Along the South Side of Yankee of Yankee Place in the Northeast Quarter of Section 15--At its meeting Road, East o g Q of July 27, 1993, the Advisory Planning Commission considered the above-referenced application for a preliminary plat and conditional use permit for the Mann Theater proposal located in Town Centre 100, south of Yankee Doodle Road and east of Town Centre Drive. At its meeting of August 17, 1993, the City Council continued this item to Tuesday's meeting with direction to staff and the applicant to address the outstanding issues identified in the staff report including, but not limited to, the alignment of the access to the site at Town Centre Drive and the platting of the entire Outlot G as a part of this development proposal. Since that time, staff has met with the applicant on three occasions to review alternatives and discuss the challenges associated with the site. Also enclosed on pages '7G through is the original Community Development Department staff report with respect to this item. As mentioned above, please note he issues to be resolved in consideration of this application. Also enclosed on pages through t are the Advisory Planning Commission minutes relative to this item. Please note that the APC is recommending denial of the application for the reasons noted. The Commission did not take an action on the conditional use permit because they acted to deny the preliminary plat. Also enclosed on pages AIED through /O 3is a supplemental memorandum from staff covering the original conceptual site plan for the restaurant pads at the front of the site. The new revised site plan submitted by the applicant is enclosed with the first memorandum mentioned above. The Advisory Parks, Recreation& Natural Resources Commission also considered this item at its meeti of August 5. memorandum covering the recommendations enclosed on pages (O through(v N. Also enclosed on pages (iMG,through Yis a copy of correspondence from Blue Cross/Blue Shield of Minnesota, owners of the Waterview Office Tower, covering a petition signed by their employees opposing the theater development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a preliminary plat for Town Centre 100 12th Addition/Mann Theaters consisting of approximately 6.7 previously-zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Planned Development, 2) a conditional use permit for a pylon sign to be located north of the proposed development and 3) a variance for parking ratio and parking stall size for property located along the south side of Yankee Doodle Road, east of Yankee Place in the northeast quarter of Section 15 as presented. l � MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: COMMUNITY DEVELOPMENT DEPARTMENT DATE: SEPTEMBER 3, 1993 SUBJECT: PRELIMINARY PLAT TOWN CENTRE 100 12TH ADDITION MANN THEATERS INC. At the direction of the City Council, staff has reviewed with the applicant and owner alternatives to the proposal submitted at the City Council meeting of August 17, 1993. With respect to this direction, the City retained the services of Cindy Gray of Short Elliott Hendrickson. Initially, the applicant expressed an intention to resubmit a finalized version of the hand drawn modifications of the site plan which had been presented by Jim Benshoof at the Council meeting. At the Council's direction, staff informed the applicant that a proposal with access to the site north of the Town Centre Drive intersection would not be favorably considered, that the entire Outlot G of the Town Centre 100 1st Addition would need to be platted, and that the other issues identified in the staff report would need to be satisfactorily resolved before further consideration by the City Council. As an aside, the platting of the entire Outlot G would require that the applicant take into account the County requirement that an additional 15' of right-of-way be dedicated along Yankee Doodle Road affecting the developable area of the overall parcel. Meetings were held with the applicant on August 24, August 31, and September 2. At the meeting on September 2, a revised site plan was submitted which proposes to align the principal access to the site with the Town Centre Drive intersection with restricted access on Yankee Place to Yankee Doodle Road. A copy of the revised site plan is attached as Appendix A. At the time of submittal, the owner had not agreed to comply with the City's requirement that the entire site be platted. Additional information in that regard will be provided to the City Council if any is received. In addition, in response to staff's request, the applicant submitted correspondence which is attached as Appendix B outlining responses to the conditions outlined in the City's staff report. With respect to general site issues raised in the applicant's letter, please refer to the SEH report which is attached as Appendix C. In specific, the following observations relate to the issues addressed in the staff report and applicant's letter. 7c5; 2/"( I. Variance from the 1 to 3 Parking Ratio Requirement-The applicant indicates that they are unaware of any theaters in the metropolitan area with a parking ratio more restrictive than 1 to 4. In particular,they cite the Maple Grove theater which has the same floor plan as having a parking ratio of 1 to 4.6. While ratios of this level may be acceptable in circumstances where there are adjacent shopping centers, discount stores, office buildings, or other uses with different peak occupancies due to informal cross parking, a free-standing dedicated facility as is being proposed must have adequate on-site parking to avoid undesirable parking alternatives. As noted in the SEH report, Institute of Transportation Engineers (ITE) data suggests a typical parking requirement for a multi-screen theater of this size to be at one parking stall per 3.28 seats. As is also noted in the SEH memorandum, an empirical analysis of the operating characteristics of the theater supports additional parking. In presentation to the City of Maple Grove, the applicant utilized a 70% seating capacity for discussion purposes. You will note that the SEH memorandum assumed two-thirds of capacity. At that ratio, approximately 1,150 seats would be occupied. If this number is made up of an average of three persons per car, it would be necessary for this site to provide 383 parking stalls for theater patrons present for the bank of shows occurring at that time. If the average occupancy is two persons per car, 575 stalls would be necessary. In addition, it has been assumed that 15-20 stalls would be necessary for peak employee parking resulting in the necessary stalls ranging between 400 and 590 stalls depending upon vehicle occupancy. Assuming the higher occupancy, 400 stalls would only accommodate a single bank of shows. It would not provide any stalls for persons arriving in anticipation of the next bank of show times. While movie times are typically staggered over a 20-30 minute time period for multi-plex theaters of this kind, the theater-going public typically arrives prior to the conclusion of the first shows as is evidenced by the stacking which occurs in theater lobbies prior to seating. Similar to the bounce necessary in storm ponds, 400 stalls may be sufficient while a show is in progress. However, during the turnover period between banks of shows, excess capacity is necessary to insure that patrons do not park off-site in unsafe manners, in spaces reserved for other uses which are active at the same time period, or in driving aisles creating congestion and gridlock. In addition, staff has contacted the real estate and development offices of General Cinema and United Artists and asked blind questions concerning the planning of hypothetical free-standing theaters in suburban areas. General Cinema has indicated that they plan for a number of parking stalls equal to, or greater than 35% of the seats in the theater (577) and United Artists indicated that they plan on a 1 to 3 parking ratio (549). 75 /3 II. Variance to the 10' Stall Width to Allow 9' Parking Stalls - The applicant has presented evidence that no other city in the metropolitan area requires 10' parking stalls. City staff's analysis which is attached as Appendix D corroborates that finding. The 10' parking stall is a standard which the City of Eagan has applied to all non-employee parking stalls in all developments within the City. The City has received specific comments from residents who have indicated that they appreciate the additional space provided by this stall width. While the applicant indicates that turnover within their parking lot occurs on an average of every two hours, when it does occur, there is a high volume and significant amount of activity and congestion. At such times, it would be logical that 10' stalls would improve the safety and maneuverability of patrons. In addition, if 10' stalls are provided and the user finds that they have underestimated the necessary parking for a site, they may return to the City and request a variance to restripe to 9' to increase parking by 10% due to a demonstrated hardship and provide the parking on-site. III. platting of Entire Outlet G - At the Council's direction, the applicant has been informed of the need to plat the entire Outlet G of Town Centre 100 1st Addition. This platting is necessary to conform to City Code and to address at the present time the County right-of-way issue and the developability of any additional uses on the site as a part of this development application. As demonstrated in the SEH memorandum, however, all of the available 7.3 acres of Outlet G is necessary to meet either the iTE parking ratio for a 10' stall size or the City's parking ratio and the applicant's request for 9' stall size. In addition, staff's preliminary review of the concept plan suggests a limited ability to support more than one use on the northern portion of the site even if adequate parking were provided on the southern portion. As designed, the northern parcel contains 182 nine foot parking stalls and two building pads totaling approximately 1,200 sq. ft. While the applicant suggests that nine foot stalls be permitted for the theater, the owner has provided no justification for modifying this standard for restaurants. The potential parking on the site is 164 spaces with 10 foot stalls. When the property is platted, whether now or in the future, Dakota County will require an additional 15 feet of right-of-way, narrowing the developable area and reducing the parking by an additional 28 stalls to 136. Setbacks will reduce it even further, but may be offset by reductions in pad size. Applebee's restaurant has approval for 106 parking stalls. Chili's has 142 stalls. These restaurants comprise between 4,900 to 5,700 sq. ft. With the significant likelihood of cross parking from the theater, it is unlikely that the northern portion of the site can support even one additional use. IV. Location of the Northernmost Access Point to line Up with Town Centre Drive - The applicant's comments in this regard are no longer applicable as a modified site plan has been submitted which meets this condition. Further site analysis is provided in the SEH memorandum and due to the timing of this submittal, it has not been possible to give a detailed review of all aspects of the circulation of the proposed site plan. V. The Filling of a Portion of Pond DP-20 -The applicant indicates that minimal filling of the wetland will be necessary. Staff has not had the opportunity to completely review the wetland filling necessary on the modified site plan. The Advisory, Parks, Recreation and Natural Resources Commission has recommended that the filling of a portion of Pond DP-20 not be approved and further, that alternatives be identified which minimize the need to fill ponding. This could be accomplished with retaining walls. In addition, in researching the conditions associated with this development in the Planned Development Agreement, staff has identified the condition noted in Exhibit E of the agreement which is attached as Appendix E which requires the owner of the Eagan Heights Commercial Park Planned Development to install a "park like amenity" around Pond DP-20. It will be necessary to review a detailed landscaping plan with the Parks & Recreation Department and, potentially, the Advisory, Parks, Recreation and Natural Resources Commission to conform with this requirement. VI. Off-site Pylon Signage, - There is no precedent in the City of Eagan for off-site signage. If the Council determines that the entire Outlot G is necessary to provide adequate parking for the proposed theater, there would no longer be an off-site signage issue. If the applicant does not reduce or remove the uses at the front of the site such that the theater lot extends to Yankee Doodle Road, City Code requires that all pylon signage be on the site of the proposed theater lot itself. VII. A Variance of 60' to the Maximum 125 sq. ft for a Pylon Sign - By requiring that three uses configured as proposed be contained within the subject site, the applicant is creating a hardship which currently does not exist on the bare land site. The applicant and the owner have indicated that the property at the front of the site is not economically feasible for theater ownership. Hardships of an economic or self-imposed nature are not unique, particularly on undeveloped property. To date, the applicant has not submitted a sign plan or elevations for review. VIII. A Variance to Code to Permit Chasing Lights on the Theater Marquis - While the applicant indicates that chasing lights are a common feature for theater marquis, no hardship unique to the property has been identified. IX. Permission for Access North of Town Centre Drive - This concern has been eliminated with the submittal of the modified site plan. X. building Finish -The applicant proposes the use of a precast panel construction. The same facility in Maple Grove was constructed of brick. At the APC meeting, the applicant indicated that the cost of this panel system is comparable to brick construction. If the Council wishes to view the material firsthand, a building is currently under construction at the intersection of Hamline and Marshall Avenues in St. Paul at the Concordia College campus. tt should be noted that the builcing is at Concordia College on Hamline Avenue, not at Hamline University. XI. Concerns Regarding Relocation of the Theater Entrance to Align with Tcwn Centre Drive - In large part, the concerns addressed are no longer applicable since the applicant has submitted a modified site plan which conforms with the City's requirement of aligning with Town Centre Drive. It should be noted, with respect to concerns about the pedestrian crossing of drive aisles, such movements are common at most theaters since pick up and drop off occurs in front of the facilities. In addition, the applicant expresses concern about the visibility about the theater from Yankee Doodle Road. Staff's research with General Cinema and United Artists indicates that accessibility and ease of circulation are more important criteria for theater patrons than visibility from a major road. The other theater operators do agree with the applicant that an eight-screen theater is the minimum that can be built for a successful and competitive facility in a suburban location in the current market. In fact, they indicated that 'ten screens are becoming increasingly common and that many theaters provide for expansion space to allow such an increase in size. Both General Cinema and United Artists indicate that they typically plan for one acre per screen in a multi- plex. At this ratio, the proposed eight-screen theater would require all of the available 7.3 acres of Outlot G to accommodate the facility. With respect to overflow parking, in addition to the suggestion that the site be dedicated to the theater use, staff has also suggested that space east of the southern portion of the theater site may be available from one of the Town Centre ownership entities to allow either adequate parking or proof-of-parking on ste. The applicant has been reluctant to consider this alternative. The applicant has suggested that it is possible to provide cross-easements with the Town Centre Shoppes immediately west of the site. This alternative is not recommended for a number of reasons. In particular, it would deviate from the City's practice of requiring on-site parking for individual uses. It will require that a significant number of theater patrons cross Town Centre Drive which is expected to increase in traffic activity as a result of location of a successful multi-screen theater and other uses. In addition, it is likely that the presence of the theater will generate higher intensity uses within the Town Centre Shoppes facility, potentially competing for the same stalls as a consequence of the theater location. A substantial number of changes have occurred within the past week, in particular, within the last two days. With a modified site plan being submitted on September 2 which addresses one aspect of the City's concerns, it is not possible to provide a full review of all consequences of the proposal. In a typical circumstance, the modifications required for this proposal would be rereferred to the Advisory Planning Commission and Advisory Parks, Recreation and Natural Resources Commission and the respective staffs. It will be necessary for the Council to determine whether or not this level of review is appropriate in this case. The applicant has expressed concerns that they wish to complete footing and parking lot work before the end of this building season to allow the theater to be completed and open prior to the next construction season. It will be necessary for the Council to determine what level of review and modification they feel necessary for this facility if it is to be favorably considered. If you require any additional information in this regard, please let me know. I will keep you informed of any additional information we receive from the applicant. /js c....., APPENDIX A 71; ,.- --, o V-1;i. .-• YA:r.:-T_ P,A;7:: C 1 - . --; 111 ■ 111% iii 41iiI ■ li I i i Ili I . i ,-1 Ilill li, 1 1 , , 1 I 4 1 -, , '_,, I t-- ,--,„- \.,,, ,,, ,.> \ \ T . • ':. . \ \ ''\'"---------\- - 1111 - 11 , 11 . 1 I I ' \ '' ' ••■• /NM I '111111 1111 . 1 41 ___, \ \ \ \ ..i. II , I 1.\ \ . ‘ \1 ...i-t t' -; .1. 1---•-.. <‘ f4' ■'''. N\ \1, ,\ ' N.'\ . \\ li• • . , .!'',; 411- 1 i Z r 1 1 U --k --4 7 i /71.-- - '---- 1 .1 r 4 ,--- -- \ \ , ' --I - , i 1 i , n „ ___F "' - ' '' —1 ___,, ---1, .....:_-_, _1_7)11, 1 , ,.... „„ N _ / . , 1 .-.. -------.--- \ ' 1 , I 'l 1 ____ I- I i ---■---- — .- i l' .r"..<„ \ , . I ;1...irllit, : ,.. ----- 7, t/ 1i II , _,, it-- I ' , ',-- -- /, ;`, -I— / 1 t _.:, '-‘,.„:„., 1 -N / 1 i ..__- ( , . l , --, r-- -- L —1-, _ — 1 l—"I I il , ■.' J 1 i \ /4/ C'S' J1 1 , h 7 i t H— " ' ..-,i, .••••"V "5-' ,= E •--)45rCe.. • A Vannev EAGAN THEATRE Site Plan I Associates EAGAN, MN ■....■... , a 1 T2 LC,.777,.._. ...___ ... ....-... ,-.■•••■••••••■ ,........•••••■• ••••■•••■•••• s7r7i:7,7'7 APPENDIX B • 1_ LAW OFFICES AUG 3 1 193 SIEGEL, BRILL, GREUPNER a DUFFY, P.A. FORMERLY GROSSMAN, KARLINS, SIEGEL a BRILL RICHARD SIEGEL ANTHONY J. GLEEKEL JOSIAH E. BRILL,JR. 1300 WASHINGTON SQUARE SHERRI L. ROHLF JAMES R. GREU PN ER 100 WASHINGTON AVENUE SOUTH JOEL H. JENSEN GERALD S. DUFFY BRIAN E WEISBERG WOOD R FOSTER, JR MINNEAPOLIS, MINNESOTA 55401 ROSEMARY TUOHY THOMAS H. GOODMAN ANNE K. WEINHARDT. K. CRAIG WILDFANG TELEPHONE (612) 339 7131 JORDAN M. LEWIS JOHN S. WATSON TELECOPIER (612) 3396591 MARK A. LEVINE WM. CHRISTOPHER PENWELL SUSAN M. VOIGT RETIRED August 30, 1993 M L GROSSMAN SHELDON D. KARLINS ALSO ADMITTED IN CALIFORNIA Mr. Jon Hohenstein City of Eagan VIA FACSIMILE 3830 Pilot Knob Road ORIGINAL TO FOLLOW BY U.S. MAIL Eagan, MN 55122 Re: Proposed Mann Theatre Dear Jon: Per your request at our last meeting, this letter contains a brief response to each of the issues identified in the Community Development Department Report dated July 20, 1992 with respect to the Variance, Conditional Use Permit and preliminary plat for the proposed Mann Theatre. The issues are summarized on Page 3 of that report and are addressed in the order in which they appear. 1. Mann Theatres is requesting a Variance from the 1:3 parking ratio currently required by Eagan ordinance. Based on the plan which was submitted at the City Council Meeting, the number of dedicated parking spaces is 373 or a ratio of 1:4.4. We believe that this Variance is a reasonable request in light of the following: (a) None of our existing theaters has dedicated parking in excess of the ratio requested and our parking at our other theaters is adequate. Our most recently constructed theater in Maple Grove has a parking ratio of 1:4.6. (b) We have reviewed the parking ratio requirements in 26 suburban communities surrounding Minneapolis/St. Paul. Eighteen of these suburban communities, including Burnsville, West St. Paul and Maplewood provide for parking ratios which are less restrictive than the 1:3 parking ratio currently provided by Eagan's ordinance. None of the cities we surveyed which have a 1:3 ratio have actually required a theater to meet this ratio. Attached is a list of our survey results. 164 Mr. Jon Hohenstein August 30, 1993 Page 2 (c) We have done an investigation of existing theaters throughout the Metropolitan Area and have been unable to locate any theater with more than one parking stall per four seats. (d) Because the peak hours of operation of a theater occur on holidays and Saturday evenings, when offices and most retail uses are closed, additional parking located in the Town Centre P.U.D. should be taken into consideration as available during periods of peak operation. (e) Theaters which are located in a shopping mall do not have to meet the same dedicated parking requirement as free standing theaters. As a result, a parking ratio such as that contained in the Eagan ordinance, which we believe is excessive as a practical matter, penalizes a free standing theater. The requirement for excessive dedicated parking also adversely affects the economics of constructing a free standing theater. (f) A theater is an extremely unique use and a Variance associated with theater parking requirements should not be precedental with regard to parking requirements applied to other commercial or retail uses. 2. We have requested permission to construct nine foot stalls rather than ten foot stalls as is Eagan's city policy. We believe that this request is reasonable and appropriate because: (a) Theater patrons will not be pushing shopping carts through the parking lot nor will they be loading or unloading in the parking lot. As a result, the additional width provided by ten foot stalls is unnecessary. (b) None of our existing theaters have been required to provide ten foot parking stalls. We have not experienced any difficulty with stall widths at our theaters. (c) Theater patrons will park for an extended period of time, usually in excess of two and one-half hours. As a result, there is much less turnover of parking stalls than experienced in connection with a normal retail use. (d) We conducted a survey of 29 Metropolitan Area theaters. None of the 29 theaters surveyed has stall widths in excess of nine feet. Attached is a copy of the survey showing the theaters surveyed and the results. 3. We believe that the council should allow only the approximately 6.6 acres which we have purchased and propose to develop to be platted. We believe Mr. Jon Hohenstein August 30, 1993 Page 3 that our proposed theater use is an independent development from any use which may be made of the remaining portion of Outlot G and that the City retains the right to separately determine an appropriate use for the remainder of this Outlot. ' v that the northern most access point should not be 4. We believe t p required to match the center line of Town Centre Drive and Yankee Place intersection because: (a) As proposed to the City Council, this access point will serve only the retained portions of Outlot G, which have been proposed for restaurant use. As a result, the amount of traffic which will be channeled into and out of that access point has been severely minimized. (b) The proposed access enters a protected drive aisle, which will allow free flow of traffic through and to the northern property sites. (c) The restaurants proposed for the northern portions of Outlot G have been reduced in size to minimize the flow of traffic into and out of the northernmost access point. (d) An access point further south will channel an excessive amount of the traffic into it. If the theater were moved to the south, approximately 75% of all traffic entering the site would enter through this access point. This would create significant congestion both at the point of entry and on the site itself. (e) In the event that the access point is moved to the south, all traffic going to and from the restaurant sites would have to travel a significant distance through the theater site. In addition, approximately one-third of all theater patrons would have to cross a heavily used drive aisle to get to the theater. (f) Benshoof & Associates, independent traffic engineers, have examined data regarding existing traffic and projections for future traffic and have indicated that, as revised by them, the northern most access point proposed is an acceptable access to the site. 5. Our proposed site plan, as presented to the City Council, was designed to reduce the amount of wetland impacted by this development. The plan would provide for the filling of approximately 35 acres of wetland. We believe that this wetland filling should be allowed because: (a) The amount of wetland proposed to be filled is extremely small. -NJ Mr. Jon Hohenstein August 30, 1993 Page 4 (b) The amount of the proposed wetland filled is within a blanket federal permit for wetland fill. (c) The wetland impacted is associated with a drainage pond, rather than a recreational public water body. (d) The developer is proposing to mitigate the filled wetland with wetland created proximate to O'Leary Lake, which is a recreational water body. This wetland should, therefore, be of a higher quality than wetland associated with this drainage pond. (e) Some wetland filling will be required in conjunction with this development regardless of where the building is located. If the building were located further south on the site, the amount of wetland which must be filled is increased to approximately 0.6 acres. The proposed site plan minimizes wetland filled as much as possible. 6. We believe that an off-site pylon sign located on the northwest corner of Outlot G at the intersection of Yankee Doodle Road and Yankee Place should be permitted because: (a) The agreement with the City with regard to Outlot G currently provides for two pylon signs to be located along Yankee Doodle Road. The developer is not requesting an increase in the number of pylon signs. (b) Mann Theatres has agreed to share the pylon sign with the ultimate user of the lot on which the pylon sign is located. As a result, this pylon sign will be erected eventually in any event. (c) The pylon sign will be tasteful. A concept drawing showing the proposed pylon signage will be provided by our architect shortly. (d) The existence of this pylon signage is extremely important to the theater development to identify its location and orient theater goers. (e) The proposed pylon sign will be consistent with other signage currently located in the area. 7. We believe that an increase in the allowable square footage for a pylon sign from 125 square feet to 185 square feet should be permitted because: (a) The sign will be tasteful in appearance and will simply identify the existence of a Mann Theatre. (b) The amount of additional signage is relatively minor. 76-) Mr. Jon Hohenstein August 30, 1993 Page 5 (c) This increase in signage is required to allow signs for both the Mann Theatre and the future occupant of the northern site to be identified on the pylon sign. (d) We are not requesting a pylon sign on the theater site, which we would otherwise request. 8. We believe that a Variance should be allowed to permit chasing lights on the illuminated reader board (marquee) of the theater because: (a) Chasing lights are a common theater feature and when tastefully completed enhance the theater appearance. (b) There are no residential developments proximate to the theater site and, accordingly, the chasing lights will not impact any residence. (c) A theater is a special use and chasing lights are commonly used with theaters. As a result, a Variance to permit chasing lights at the Mann Theatre should not be a precedent requiring the City to permit chasing lights for any other use. 9. As proposed in our current site plan, the access to the northern conceptual uses does not occur through the theater parking lot, but rather through a public access serving solely those northern lots. As a result, under that site plan we do not require permission to access the northern lots through the theater parking lot. 10. We are proposing to use an integrated agate pre-cast material for the exterior of the building. Enclosed with this letter is a photograph showing this material as applied to a building located at Hamline University in St. Paul. We believe that this building material provides an attractive and cost effective alternative to brick and results in a more attractive building exterior because of the significant amount of design flexibility which is available. Because of its integrated nature, our architect has advised us that this material should retain its attractive appearance for a period equal to and probably exceeding brick, with a minimal amount of maintenance. 11. We believe that the building site as proposed in the site plan which was presented to the City Council is the optimum site plan for the theater. As requested by the City Council, we have supplied to the City a site plan which shows the building moved to the south and reorients it with Town Centre Drive. As we discussed at length at our recent meeting, this site plan is not acceptable to Mann Theatres for a variety of reasons including: Mr. Jon Hohenstein August 30, 1993 Page 6 (a) Approximately one-third of all theater patrons will be required to cross a busy drive aisle which serves both the theater parking and all of the restaurant sites. (b) The theater will lose 32 parking stalls, which reduces the number of parking stalls below the level which we feel is acceptable. (c) The building must be built in the wetland and we will be required to fill approximately .25 additional acre of wetland, for a total of.6 acre which exceeds the blanket federal permit. (d) The circulation within the theater site is significantly impaired. Both southerly accesses serve a relatively small amount of parking and one of those access points is located on a curve in Town Centre Drive. (e) Access to the northerly lots will require a long drive through our lot and the drive will be used together with theater patrons parking on the northern portion of the theater site. (f) The site plan will cause approximately 75% of all traffic entering and leaving the site to be concentrated in the northern most access. This should result in significant congestion at that access point. (g) The theater will lose significant amounts of visibility if moved to the south. In the site plan which we have proposed, the theater will be immediately visible when looking east down Town Centre Drive. This will allow the theater to have a greater presence which is beneficial to creating a "downtown" for Eagan. In addition, this additional visibility is important to the economics of a theater operation. As we have indicated, from our extensive experience as theater owners and operators, we know that the proposed site is adequate for the theater proposed. This site is large enough, provides acceptable visibility and location, and is economically feasible for development of our theater. Because of the nature of the theater business, including film allocation criteria established by film companies and visibility requirements, we have been unable to locate another satisfactory site in the City of Eagan. The theater proposed is the minimum size required to construct and maintain a first run motion picture theater, as opposed to a discount house. The theater building configuration is the result of many years of experience and experimentation and it is not subject to any significant modification. We believe that the site plan which we have proposed to the City Council, as modified by Benshoof & Associates, represents a sound and workable site plan for both our theater and the conceptual restaurant uses to the north. It represents a Mr. Jon Hohenstein August 30, 1993 Page 7 significant compromise from the site plan as initially proposed to the City, modified in response to concerns expressed by city staff, the Planning Commission and the Park and Recreation Commissioners. With this in mind, we respectfully request that the City approve our proposed site plan. To assist the council in evaluating this matter, I would appreciate a copy of this letter being made available to the members of the City Council prior to the next council meeting. Be J regards, /---- /1 James R. rtiipjer \cmn Enclosures j/ ) PARKING CODES FORFRU STANDING THEATRES AS OF 8/25/93 ' I EAGAN 1 TO 3 APPLE VALLRX 1 TO 3 INVER GROVE !EIGHTS 1 TO 4 MENDOTA HEIGHTS 1 TO 3 ANOKA 1 TO 4 MAPLEWOOD 1 TO 4 WEST ST.PAUL 1 TO 3.5 ST.PAUL 1 TO 5 WOODBURY 1 TO 3 APPROVED 1 TO 3.5 SOUTH ST.PAUL NO WRITTEN CODE PROBABLY 1 TO 4 OR 5 BURNSVILLE 1 TO 4 BROOKLYN CENTER 1 TO 3 BROOKLYN PARK 1 TO 4 MAPLE GROVE 1 TO 3 VARIANCE TO 1 TO 4.5 PLYMOUTH 1 TO 4 ST.LOUIS PARK 1 TO 3 SHAKOPEE 1 TO 8 WACONIA 1 TO 3.5 MINNEAPOLIS 1 TO 6 UP TO 400 SEATS 1 TO 4 AFTER 400 EDEN PRAIRIE 1 TO 3 FRIDLEY 1 TO 4 EDINA 1 TO 3 HOPRINS 1 TO 5 ROSVISDALE 1 TO 5 MOUNDS VIEW 1 TO 4 GOLDEN VALLEY 1 TO 4 EAST BETHEL 1 TO 3 VARIANCE TO 1 TO 5 7Y° CITIES WITS A 1 TO 3 CODE $ CITIES WITH A l TO 3.5 CODE 3 CITIES WITS A 1 TO 4 OR BETTER 11 OF THE THEATRES WITH A 1 TO 3 RATIO THE FOLLOWING SHOULD BE NOTED. EAGAN HAS NO MOVIE THEATRE, APPLE VALLEY HAS A SHARED PARKING ARRANGEMENT. MENDOTA HEItcri'i'S HAS NO ThEATRE. BROOKLYN CENTER HAS SHARED PARKING, ST.LOUIS PARR HAS NO THEATRE. EDENRAIRz RAS SHARED PARKING, THE EDLNA THEATRE USES A CITY . IT ,SUOULD ALSO BE NOTED THAT OF THE THEATRES IN THE EDNIA AREA, CENTENNIAL LAKES, AND THE YORKTOWN THEATRES BOTH SAVE A SHARED PARKING ARRANGEMENT. 77.4)- 17? PARKING STALL SIZE SURVEY CINEPLEX ODEON Edina 8' Knollwood 9' Ridge Square 8'6 Skyway 7th & Henn none Westwind 8'6 Willow Creek 9' Yorktown 8'6 GENERAL CINEMA Brookdale East 9' Burnhaven 8' Centenial Lakes 8'6 liar Mar 9' Northtown 9' Southtown 9' Shelard Park 8'6 MANN Apache 6 9' Boulevard 9' Cina 5 9' Galtier Cinema Q Grandview Heights 8'6 Highland none Signal Hills 8' Surburban World none UNITED ARTISTS Brookdale Square 8'6 Burnsville Center 9' Eden Prairie Center 9' Maplewood 9' Pavilion Place 8'6 St. Anthony Main 8'6 L]1 1 Lai✓1a V "°'' Er MEMORANDUM To: Tom Colbert, Director of Public Works Jon Hohenstein, Assistant City Administrator From: Cindy Gray, Transportation Planner Tom Sohrweide, Traffic Engineer Date: September 3, 1993 Subject: Proposed Multi-Screen Movie Theater, southeast corner of Yankee Doodle Road and Yankee Place, Eagan, Minnesota SEH File No. A-EAGAN9401.00 INTRODUCTION As you requested, we have reviewed the proposed site plan for the eight-screen theater at the southeast corner of Yankee Doodle Road and Yankee Place in Town Center of Eagan. We believe that the City's concerns expressed to us in the areas of parking capacity, access location and on-site circulation are very valid and need to be addressed. You requested that we determine the extent of the site which would need to be used to meet the city's zoning requirement of one parking space per three seats, minimizing impacts to the pond/wetland, incorporating the additional 15 feet of right of way on the south side of Yankee Doodle Road while maintaining a 20 foot parking setback, and adhering to all other applicable setback requirements. We were also asked to place driveways in locations which would minimize impacts to traffic flow on Yankee Place and at the intersection of Yankee Place and Yankee Doodle Road. This memo summarizes our concerns about the proposed site plan for the theater and describes the advantages and disadvantages of three alternative site layouts which we developed over the past week. PROPOSED SITE PLAN Parking The City's zoning ordinance requirement of one parking space per three seats results in a parking requirement of 549 parking spaces for a theater with 1648 seats. This requirement is closely supported by Institute of Transportation Engineers (ITE) data in the 2nd edition of Parking Generation (1987), which shows a Saturday evening parking requirement for a movie theater with 1648 seats at 502 spaces (1 space per 3.28 seats). The ITE data was taken from a somewhat limited sampling of nine theaters, ranging in size from 750 to 3150 seats, with an average of 1542 seats. Nevertheless, two of the theaters studied had Saturday night peak occupied parking ratios of approximately one space per 2.4-2.7 seats. Both theaters have approximately 1700 seats. 7 -- To illustrate the situation,assume that two thirds of the theaters seats are taken during the early evening showing of movies on a busy Saturday night. Assuming an average of three persons per car,362 parking spaces would be used. The proposed site plan provides 365 theater parking spaces, including the nine handicapped parking spaces. Assuming full use of the nine handicapped spaces, this would leave 3 spaces open for use by early arrivals to the late showing of the movies. Customers who arrive after these spaces fill up will have to choose between circulating around the lot until the people from the early movies begin to leave, or will look elsewhere in the area for a parking space. In the case of the proposed site plan, with a conceptual restaurant plan on the north side of the site, the restaurant parking will be an attractive alternative,as will the other parking lots across Yankee Place. This could ultimately result in the City having to deal with unhappy property owners on neighboring sites where overflow theater parking is unwelcome. Furthermore, it could result in safety concerns for customers who need to cross Yankee Place to get to and from the theater. We recommend that the City require the entire site to be used for on-site theater parking ai: this time. If there is still a desire to place restaurants on the site in the future after the theater has become established in the community, the owners could conduct peak occupied parking studies during the busiest months of the year (July and December,according to ITE Parking Generation) to show whether or not adequate parking capacity is available. Access Locations The site presents an excellent opportunity to align the main entrance with Town Center Drive or the other existing driveway approximately 225 feet south of Yankee Place on Town Center Drive. The proposed site plan shows accesses at both of these locations. The location and design of the northerly driveway which aligns with Town Center Drive appears satisfactory. The close proximity of the building to this driveway could cause drivers to drop off or pick up passengers in the driveway instead of turning down the drive-aisle in front of the building. If drivers notice that traffic behind them is beginning to back up toward the main entrance, they will most likely either circulate around the parked vehicle into the parking area north of the building or they will turn down the aisle which runs along the front of the building. Our main concerns with the south driveway include 1) the close proximity of the driveway to the building, 2) the interaction between vehicles entering and exiting the site, pedestrians walking to and from the building and 3) dropping off and picking up of passengers just inside the site. First, the driveway is so close to the building that the row of parking along the south side of the building blocks the approach into the right outbound lane. Furthermore, back-up of exiting vehicles in the driveway will block traffic flow in the north/south drive-aisle along the front of the building. 2 7551 Another concern is with the interaction of vehicles and pedestrians at this location. Most of the parking on the proposed site is located south of the building. People walking to and from their vehicles will concentrate at the southwest corner of the building,just inside the south driveway. Other vehicles will be dropping off and picking up passengers in this area. This will cause queues of traffic in the driveway that could inhibit the smooth progression of traffic along Town Center Drive. The concentration of vehicles and pedestrians at this location is undesirable. If the building is approved at the proposed location,we recommend that the southerly driveway be moved south approximately 220 feet, where it will be more centralized to the parking area and cause less interference in the area adjacent to the building. An improved approach to the two lane exit could be developed in this area as well. A driveway at this location would, however, require great care in planning the boulevards around the curve, to insure that berms, plantings, and signs do not interfere with the necessary lines of sight around the curve. On-Site Circulation The most significant concern over on-site circulation is the close proximity of the building to the south driveway, as described above. As previously mentioned the point of congestion which will result from a driveway in the proposed location will not only result in inconvenience for customers, it will also impact the progression of traffic on Town Center Drive, as drivers wait for traffic in the driveway to clear so they can pull into the site, and also brings up some safety concerns for customers walking to the theater entrance. ALTERNATIVE SITE DESIGN CONCEPTS The attached site design concepts were prepared with the purpose of determining how much of Outlot G would need to be used in order to meet the City's parking requirement, minimize impact to the wetland, and incorporate the additional 15 feet of right of way requirement on the south side of Yankee Doodle Road. The architect's building footprint was used, as well as information provided on the site plan regarding the boundaries of the wetland. Alternative A The dashed lines on the site layout indicate the parking areas which are designated as restaurant buildings and parking areas on the applicant's site plan. Advantages: - Driveway aligns with Town Center Drive Driveway designed with two outbound lanes No access along Yankee Place between Town Center Drive and Yankee Doodle Road 3 Dropping off of passengers could take place in the drive-aisle in front of the building, farther away from the driveways Building location cuts down on impact to wetland Meets City parking requirement using nine foot stalls, and meets the need indicated by ITE information using ten foot stalls Disadvantages: Parking located in northeast corner of the site is over 500 feet from the theater entrance. - Since the aisle in front of the building would serve as both a parking aisle and a drop-off and pick-up aisle, congestion and delay in the aisle will occur. Handicapped spaces located in the dead-end aisle north of the building need to be well signed and marked so drivers can see that they are handicapped spaces from the driveway. Alternative B Advantages: Access aligns with Town Center Drive Access provides two exit lanes No access along Yankee Place between Town Center Drive and Yankee Doodle Road Dropping off and picking up of customers could take place along drive-aisle in front of the building, farther away from the main driveway. Meets City parking requirement using nine foot stalls and provides enough parking according to ITE information using ten foot stalls Disadvantages: Distance between parking at northeast corner of the site and the main entrance is approximately 570 feet. South driveway could become a point of congestion if drivers drop off passengers at the southwest corner of the building. South driveway is located on a curve, making it very important to prevent any sight distance restrictions (i.e. berms, landscape plantings, signs, etc.). The drive aisle in front of the building will serve as both a parking aisle and a drop-off aisle, resulting in congestion and delay. 4 Alternative C This alternative was drawn up mainly for the purpose of showing an improved drop-off aisle in front of the building and improved overall on-site circulation. The disadvantage of extremely remote parking is listed below. Advantages: Main entrance aligns with existing driveway on Town Center Drive south of Yankee Place Main entrance has two outbound lanes. Highly visible location for theater Drive-aisle in front of building serves as a circulation aisle rather than a parking aisle, making it easier to drop off and pick up passengers without blocking parking spaces,and blocking access to large parking areas. Disadvantages: Extremely remote parking south of main entrance Inability to meet parking requirements using this site design SUMMARY The attached concepts provide some guidance as to what is needed to meet the City's parking requirement, and suggest ways to improve the access and on-site circulation. As previously stated, the proposed plan showing a subdivision of Outlot G to provide a parcel for restaurants on the north side of the site is not recommended, as it does not leave enough space for on-site theater parking. This is likely to result in future difficulties for the city in terms of neighboring properties which experience overflow theater parking,and pedestrian crossings of Yankee Place. In addition to the parking situation, on-site traffic operations problems are anticipated at the proposed south theater entrance due to the close proximity of the building.. If you have any questions regarding the proposed site or the attached concepts, please contact us at 490-2071 (Cindy) or 490-4072(Tom). Thank you for the opportunity to work on this project with the City of Eagan. 5 71./ -\ I — _..___ — __ __ , 1 .___. L ::: -_-_-; ; L-:-.-T_-_-_-_-_ c::—r..—=1 :_ 21, rr------ 7 , eta --- ; 1 I , '; ■ `I', , , 1 ''0.cl ■ k , ■ , A I s:a •-••1,I V I' l''... ' .....--, t'.....-."..'"."% e••••• ' -,, .1'. • '•••• \•. 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R L. ....: \ , i ------ \ I \ \\ \\''''''' • . 1 t A / -rrie ci.,F.€r to' , \ \ \ /\// , \ \ \ \ \ , , 0°.I I \ ;7:7 4. ■1,,- C S , , I CI,?, 5-,,:!.. e• 0 fLe--5_ \ 442_ tr,Iar 1 ,.4.2,11/.a..7.: 5eat \ ;-• A \ q' stz,i( \ \ CI, ipi ' ..tfil , OccesS I ‘--, \\) S''''\) " :,$,UP•Ct In-C. c..,,,,, s._,...,...-- D• 2.„), .\, - .. ;, \\ ------/ .. . \ ' \ ---- \ ....../ - it ..,.: --.. /-- N../ , ) ..... ,.. ......4 0 14 ......, ,..........- • l'\ _, 1 1, a r (--- (1 j -7-bj 1 APPENDIX D THEATER PARKING SPACE STUDY RATIO SIZE APPLE VALLEY 1 space per 3.5 seats 9' x 20' BURNSVILLE 1 space per 4 seats 9' x 18' (+ 1 space per employee on largest work shift) COLUMBIA HEIGHTS 1 space per 8 seats 9' x 20' COON RAPIDS 1 space per 3 seats 9' x 19' EAGAN 1 space per 3 seats 10' x 20' EDEN PRAIRIE 1 space per 3 seats 9' x 18' EDINA spaces equal to 1/3 9' x 18' maximum seating capacity (+ 1 space per employee on largest work shift) MAPLE GROVE 1 space per 3 seats 9' x 18' MINNETONKA 1 space per 2.5 seats 8.5' x 18' WEST ST. PAUL 1 space per 3.5 seats 9' x 20' APPENDIX E Exhibit "E" Page 2 7) The Owner shall install a five foot wide internal trail system or sidewalk system (whichever the Owner chooses) along one side of the internal roads within the Subject Land . 8) A five foot concrete sidewalk shall be installed along the eastern boundary of Denmark Avenue, to be specially assessed against the Owners property. 9) That portion of any sidewalk and/or trailway to be installed as set forth in provisions 6 , 7 and 8 above which is within a platted area (other than an area being platted as an outlot) , shall be installed prior to the issuance of a Certificate of Occupancy for any building within the platted area within which that portion of the sidewalk or trailway lies . The Owner shall have the option to install the sidewalk or trailway itself or have the City install it as a public improvement project in which case the City shall assess the cost thereof back to the Owner using normal City assessment procedure. 12 ) The Owner agrees to pay Eagan $20 ,000. 00 (as the total cash contribution necessary after credits for the land dedications set forth above to fully pay for the park dedication requirements for the entire Subject Land) at the time that any part of Area #8 shown on Exhibit "E-1" is platted (other than as an outlot) . 11) The Owner shall at its expense install landscaping around pond DP-20 after plan review by the City, creating a park like amenity, at such time the adjacent land is developed . 12) The Owner shall observe erosion control during construction . The lake and pond shall be protected from construction and petroleum pollutants once construction is complete by properly angling the drainage pipe in accordance with the City' s prescribed petroleum pollution control procedures . 13) The construction and dedications contained herein shall fully and finally satisfy the park fund dedication requirements for all of the Subject Land (both commercial and residential) now and forever. 14 ) Some of the provisions contained herein repeat obligations of the Owner set forth in the body of the Eagan Heights Commercial Park Planned Development Agreement. The reason such provisions are repeated in this Exhibit "E" does not obligate the Owner to make such dedication or install such sidewalk or trailway twice, but rather , is stated as being required here as a requirement necessary to fulfill the park fund dedication for the Subject Property. 76M SUBJECT: VARIANCE, CONDITIONAL USE PERMIT, & PRELIMINARY PLAT (TOWN CENTRE 100 12TH) APPLICANT: MANN THEATRE, INC. LOCATION: OUTLOT G, TOWN CENTRE 100 1ST ADDITION EXISTING ZONING: (PD-CSC)PLANNED DEVELOPMENT-COMMUNfl Y SHOPPING CENTER DATE OF PUBLIC HEARING: JULY 27, 1993 DATE OF REPORT: JULY 20, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat consisting of one lot for a movie theater, a Conditional Use Permit to allow a pylon sign, and a Variance of 143 less parking stalls. EXISTING CONDITIONS: This site is located within the Eagan Heights Commercial Park Planned Development south of Yankee Doodle Road, east of Yankee Place and Town Centre Drive, north of Town Centre Drive, and east of Town Centre 100 and Town Centre 100 9th Additions. The surrounding property is zoned Planned Development. The Land Use Guide Plan designates this site,as well as the surrounding properties,CPD (Commercial Planned Development). The site is mostly an open grassy field sloping down toward Pond DP-20 along the easterly property line. There is a stand of trees located around the pond; it appears most of which will be lost during grading. PROPOSAL COMMENTS: The Mann Theater group is proposing an eight screen movie theater (approximately 24,978 sq. ft. building) with seating space of 1,648 sq. ft. The proposed building material is a pattern on precast wall panels. The decorative precast wall panels have diamond shapes with accent bands. The marquis and front doors are located on the west side of the building. During staff review a drop off/pick up area in front of the main doors was discussed to allow drop off/pick up to occur without pedestrian/car conflict. The trash/recycling enclosure is located on the east side of the building and made of the same materials. As proposed, the building meets setback and area requirements. The proposed lot area is 289,547 sq. ft. or 6.64 acres. The ponding easement for DP-20 is 80,990 sq. ft. or 1.85 acres for a net total of 208,557 sq. ft. or 4.78 acres. 7(0 The plat submitted does not include the northern 180' of Outlot G, Town Centre 100 1st Addition. The portion of Outlot G along Yankee Doodle Road has not been included, though the applicant is showing a sign easement to have off-site signage located on this portion. After reviewing this plat, the City is requiring the remaining portion of Outlot G be platted as Outlot A, Town Centre 100 12th Addition. A concept plan was submitted indicating potential building pads and parking areas. Staff has concerns with the concept plan as it does not take into account the additional 15' of dedicated right-of-way which will be required by Dakota County. This right-of-way dedication will force the shift of the conceptual plan 15'to the south, adversely impacting Mann Theaters'proposed layout. The concept plan also shows the only ingress/egress points into these future lots through the Mann Theaters parking lot. These and more questions will need to be worked out due to the interrelatedness of the entire site. According to City Code, 549 parking stalls would be required, one parking stall for three seats. The applicant is requesting a Variance to the City Code reducing the number of parking spaces by 143 or one parking space per 4.06 seats. The City Code allows the Council to consider variances where "practical difficulties or particular hardships result from carrying out the strict letter of the regulations." A hardship may not be self-imposed or purely economic in nature. The applicant has stated the following reasons for the variance request: 1. A one to four parking ratio is more than adequate parking for a theater as a practical matter. None of our existing theaters have parking in excess of a one to four ratio, and we do not experience a parking problem. 2. The cost of acquiring and improving the land required to meet a one to three parking ratio is prohibitive and significantly adversely affects the economics of constructing a free-standing theater. The developer is also requesting nine foot stall widths; City's standard is to require 10' wide stalls. This one foot reduction is an overall reduction of 40 stalls. Without the deviation for the stall width, this increases the total number of deficit parking spaces to 183. If the variances are not approved, the proposed site is not large enough to accommodate this proposal. Three access points have been proposed; two are located along Town Centre Drive and the northernmost one is on Yankee Place. It is staff's recommendation that this access point line up with the intersecting Town Centre Drive. The southern access should also line up with the one across the street. The Town Centre Pylon Sign Agreement provided for a pylon sign 300' from the southeast intersection of Yankee Doodle Road and Yankee Place. Exhibit "A" of the sign agreement shows one pylon sign for the entire Outlot G as the concept plan indicated one use for the entire lot. It appears from the concept plan most recently submitted, it is the intention of the property owner to divide this into three lots (Mann Theaters and two buildings to the north). A Conditional Use Permit has been applied for to allow an off-site,joint-user, pylon sign in a 15' x 15' sign easement at the southeast corner of Yankee Doodle Road and Yankee Place. This is an amendment to the Pylon Sign Agreement. In addition, the applicant is requesting a Variance of 60 sq. ft. to allow the sign to exceed the maximum sign area of 125 sq. ft. to 185 sq. ft. The most recent concept plan did not indicate any future pylon or ground sign locations although they are typically associated with freestanding uses such as are shown in the concept plan. The building-mounted sign will be in the form of an illuminated reader board with chasing lights-marquis. The chasing lights need to be intermittent to appear to be chasing. The City Code expressly prohibits intermittent or flashing lights except intermittent display of time and temperature. The landscape plan shows a mix of overstory and understory trees consistent with the Town Centre area. SUhBZARY: The following issues need to be addressed by the Advisory Planning Commission and City Council: o A Variance of 143 fewer parking spaces than the 549 required by City Code. o To allow 9' stalls rather than the 10' standard. To allow only a portion of Outlot G, Town Centre 100 1st Addition, to be platted. To permit the northernmost access point to not match center line of the Town Centre Drive and Yankee Place intersection. o To allow .4 acre of the wetland associated with Pond DP-20 to be filled. o To allow an off-site pylon sign, not designated for the corner lot, to be permitted and to allow a 15' x 15' sign easement for this pylon location. o An increase in the allowable square footage for a pylon sign from 125 sq. ft. to 185 sq. ft. To permit chasing lights on the illuminated reader board (marquis) - not allowed by Code. o To permit access to the two northern conceptual uses to occur through the theater parking lot rather than by a public access. 7q GRADING/DRAINAGE/EROSION CONTROL: This site was previously rough-graded in the mid-1980's to prepare the area for development. The site contains Pond DP-20 along the east property line and the pond has a row of trees along the edge of it. The remaining portions of the site contain grasses and open field. A preliminary grading plan submitted with this application shows a maximum cut of 10' in the northwest corner of the site and a maximum fill of 6' along the edge of Pond DP-20. A majority of the trees located on this site will be removed during the grading of this site. The grading plan shows that a strip of approximately 50' of wetland along the west edge of Pond DP-20 will be filled. As shown on the preliminary grading plan, the parking lot shall direct its storm water runoff to an internal storm sewer system that will discharge directly into Pond DP-20. Pond DP-20 is included on the City's Comprehensive Storm Water Management Plan and has a 12" outlet that drains to the south to O'Leary Lake (Pond DP-7). The preliminary layout shows that a new driveway will be constructed in the southeast corner of the site that will connect to Town Centre Drive where an existing catch basin is located. If the new driveway is built where the existing catch basin is located then the developer shall add a new catch basin on the west side of the driveway at the connection to Town Centre Drive. The intersection of Town Centre Drive and Yankee Place is a low point and the emergency overland outlet shall be provided from this intersection to Pond DP-20. The high point of the emergency overland outlet shall be no higher than elevation 909.6. The low point of Town Centre Drive at the southeast corner of this site shall also have an emergency overland outlet to the north across this site to Pond DP-20. The maximum elevation of the emergency overland outlet shall be 908.2. These emergency overland outlets will allow a maximum of 18" of ponding in the street during the 100 year rainfall event. The preliminary grading plan shows that grading will occur on the residual undeveloped property to the north of this development (Outlot G). City staff recommends that the developer grade the residual undeveloped property to the north to the future grades with this development. Then the volume of dirt could be balanced for the two sites. Before any grading can occur on the adjacent property, written permission shall be obtained and submitted with the grading permit or final plat application. The storm sewer layout for this development shall include a storm sewer stub properly designed to serve the remaining property to the north of this site up to Yankee Doodle Road. The area to the north is approximately 2.0 acres and the area is designed to be drained to Pond DP-20. As shown on the preliminary grading plan,the developer proposes to add fill within the high water level of Pond DP-20 and this will result in a decrease in the available pond storage volume. With the drainage area of 31.5 acres of commercially zoned development draining to Pond DP-20, the pond shall provide a pond storage volume of 8.0 acre feet to meet the 100 year rainfall event. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual. The development shall provide a 30' buffer strip along the edge of Pond DP-20 to help prevent erosion into the pond. The buffer strip shall be measured from the normal water level of the pond. WATER QUALITY: This proposed development lies in drainage basin D and would discharge stormwater runoff to Pond DP-20, a pond classified as a nutrient basin in the City's water quality management plan. Pond DP-20 then discharges to O'Leary Pond, a small lake classified to support indirect contact recreation. Because of the proximity to a recreational classified water body, on-site ponding will be recommended to meet runoff treatment requirements for this development. The developer has agreed to modify Pond DP-20 to meet treatment obligations rather than excavate an additional pond on the site. Staff will recommend that the developer excavate Pond DP-20 to create approximately 0.8 acre-feet more wet volume in the pond in order to meet treatment obligations for this parcel. The only wetland on the site is that associated with Pond DP-20. The developer's consultant has delineated the wetland and the delineation will be recommended for approval by staff. The developer proposes to fill approximately 0.4 acres of the wetland as part of this project. Staff recommends against approving of filling of the wetland, since expansion into the vacant parcel to the north or east (which is currently owned by the developer) appears to be a reasonable option for avoiding/minimizing the area of the wetland filled. If the City decides to allow the proposed fill, the Wetland Conservation Act requires that the area of the wetland filled be replaced on an acre-for-acre basis. The developer will therefore need to submit a wetland replacement plan to the City for approval. In addition, the developer should be required to make up by excavation in Pond DP-20 any wet pond volume in Pond DP-20 lost due to filling. This excavation would be in addition to that required for water quality treatment. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to this property from Town Centre Drive. An existing 6" sewer service has been stubbed to the property and the preliminary utility plan shows extending the 6"line up to the building. The development shall add a manhole on the sanitary sewer service at the connection to the existing 6" stub. Watermain of sufficient size, capacity and pressure has been provided in Town Centre Drive. The existing 12" watermain in Town Centre Drive includes two 6" watermain stubs to this development. The preliminary utility plan shows connecting to one of the 6" watermain stubs and extending water up to the building and also to a hydrant on the east edge of the building. The existing hydrants on Town Centre Drive plus the proposed hydrant on the east edge of the building will provide adequate fire protection to this development. The preliminary utility plan submitted with this application does not show how sanitary sewer and water would be provided to the residual property north of the proposed site.This development will be responsible for providing an 8" sanitary sewer and 6" watermain stub to this undeveloped parcel. STREETS/ACCESS/CIRCULATION: The preliminary site plan proposes three driveways to be constructed out to Town Centre Drive or Yankee Place. The driveway connections to the public streets shall include concrete aprons built to City standards. Outlot G, Town Centre 100 1st Addition is bounded on the north by Yankee Doodle Road, and on the west and south by Yankee Place and Town Centre Drive. With the initial platting of the Town Centre 100 Addition,restricted access was dedicated to Dakota County along the entire frontage of Yankee Doodle Road. The initial platting of the Town Centre 100 Addition also provided for an 80' right-of-way width for Yankee Place north of its intersection with Town Centre Drive and a 66' right-of- way for Town Centre Drive southerly and easterly of the Town Centre Drive, Yankee Place intersection. The 80' right-of-way dedication on Yankee Place was provided in anticipation of the extension of Yankee Place northerly across Yankee Doodle Road through the O'Neil property. It is anticipated with the future development of the O'Neil property, the Yankee Place intersection with Yankee Doodle Road will become a signalized intersection with raised medians and channelization constructed both north and south of Yankee Doodle Road. Since the Yankee Place intersection with Yankee Doodle Road is anticipated to be opposite the major entrance point to the O'Neil property, the development of Outlot G should provide a major access point opposite Town Centre Drive. This major access point opposite the Yankee Place/Town Centre Drive intersection would provide the major access point to Outlot G with secondary access allowed along the southerly boundary of the Outlot G adjacent to Town Centre Drive and proposed access to Outlot G along Yankee Place northerly of its intersection with Town Centre Drive will have to be restricted. The traffic circulation of the proposal as submitted does not provide full access to a public street for the residual property, not included as a part of this proposal, which is adjacent to Yankee Doodle Road. RIGHT-OF-WAY/EASEMENTS/PERMITS: The final plat shall include easements for the proposed sanitary sewer and watermain lines that will be stubbed to the adjacent property to the north. The developer shall obtain a temporary easement for grading the residual undeveloped site to the north. 'E This development shall dedicate an easement over Pond DP-20 up to the high water level. The existing ponding easement for Pond DP-20 does not cover the area of the pond up to the high water level. Restricted access shall be dedicated along the east side of Yankee Place from Yankee Doodle Road to the north edge of the Town Centre Drive intersection. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Dept. of Health, etc.) are acquired prior to final plat approval. . FINANCIAL OBLIGATION • Town Centre 100 12th Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None �1 There are levied assessments with an unpaid balance of $81,613 which will be allocated to parcels created by this subdivision. CONDITIONS OF PLAT APPROVAL FOR TOWN CENTRE 100 12TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C4, D1, El, Fl, G1 and H1 2. The landscape plan shall be submitted on a grading plan at Final Plat application. 3. All landscaped and green areas shall be irrigated. 4. Rooftop mechanical equipment shall be screened so as not to be visible from any property line. 5. The development shall add a manhole on the sanitary sewer service at the connection to the existing 6" stub. 6. The grading of the site shall direct its storm water runoff to an internal storm sewer system that will discharge directly into Pond DP-20. 7. The development will be responsible for maintaining a minimum of 8.0 acre feet of pond storage volume between the NWL and the HWL in Pond DP-20. 8. The grading plan for this development shall include emergency overland outlets from the low points on Town Centre Drive to Pond DP-20 with a maximum ponding in the streets of 18". 9. Before any grading can occur on the adjacent property to the north, temporary easements from the adjacent property owner shall be obtained and submitted to the City with the grading permit or final plat application. 10. A storm sewer stub shall be provided to serve the 2.0 acre residual undeveloped property to the north. 11. If a driveway connection to Town Centre Drive occurs where an existing catch basin is located, then existing catch basins shall be reconstructed with a flat grade and a new catch basin shall be added on the upstream side of the driveway. 12. The utility plan shall include an 8" sanitary sewer and 6' watermain stub to the residual undeveloped property to the north. 13. This development shall provide an additional 0.8 acre feet of wet pond volume in Pond DP-20 in order to meet the water quality treatment obligations of this 6.6 acre parcel. 14. The filling of the wetland along the west edge of Pond DP-20 to provide additional area for parking and building for this development shall not be approved. 15. The development shall provide a 30 foot buffer strip along the edge of Pond DP- 20 to help prevent erosion into the pond. 16. The driveway connections to the public streets shall include concrete aprons built to City Standards. 17. Restricted access shall be dedicated along the east edge of Yankee Place from Yankee Doodle Road to the north edge of the Town Centre Drive intersection. 18. This development shall revise the site plan to shift the northerly driveway opening to match the centerline of the Yankee Place/Town Centre Drive intersection. 19. All driveways shall line up with any existing ones. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications. 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a • registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shah be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. • E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10. 1990 Revised: February 2. 1993 • LTS*5 STANDARD CON r`r%, 1 i i...cfrlh: 2.1• . 7 „:....:1, ti i; le-t. N..> ' f I 1 12 ..t . .•'2 ; 1 Itz• ';.11. ::.: i : ,•r: ; , . : 1 .;;• ; 1 t l :::; . i ..: f i z ; z i I : 1 7 } } . . ". 2. ! ! • : 7 7 sti 1 : " - ' 2 I • 2 ; 1 i i 2- •• : i i ; 4 • •• t 4. 11 t -.; ,. ., 4; 4 i I 4.•••1..../. i .i il 1 9: `I : ! 7 II , -.. • Il : I ' I II ' • • : : 1 -I . 1 i : 1 ' -...!: t ! .. :1; • 7 i i'i', -..': •'• .I t L 4 " :11 •T : ; : ;- •-:: - . i 2 . 00 Iltj •1:-..; ir if ; ! s. .-- '-lsTh.P.• :::" ::;:' . 1, -- ' t 7', x i ..!‘ii.ki t ---., ' '01 ; i:::*. .::;i ;; - i - • • I • • ■ 1 I• •• ... , ," 1 •-, — l ■__. • i .F. ' ' , •."., l'' ` ...... ,• - , • , • , , . .... J •-•.. 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' -915.9��-^' '-;-R �_ , 882.0 I,_, � 1 J -�� r—+• w�wr�' � SOP 5 .� F�( ,i•J � ��tE�*fF Rt I , �� . / 844. 6j J -5 ., ''-, 66gg 4 8.7 _ X893:0 �7-.�84D,I.ie w 646.5 n =$#b�,-� 77Z 4 x --02 i4"y[1895.9. '2; 97.3; I 8 / `f C8 _;f-- 2—RT, " . JP-b2.1 ; ' ' i '- '�(.0 �1 � P•JS,- P-4 J 997.5. ; ' i!- �r�'.Q� -32. L \ C•_ 7 i-- .I;Z;S,,, 84�A:Y�S S�16 ��'(� `��j�_i��N "T?„'�r?' 1,8 2.6 - � � i v �. . 1 J 63. 12c,-- r - __ -t..__I 1z• 899 7= F JI 1 24" :'844 D ''�►. � Jr -I I ■"`jjlc,F�-.',7-t-,-;4.3.9..9...s._- -19. 1 1 \ .'RQ� S \ �T:� y:.� 815,7 FIGURE No. 17 . STORM SEWER LAYOUT . MAP :. . . CITY OF • EAGAN ?. Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 27 , 1993 TOWN CENTRE 100 12TH ADDITION MANN THEATERS, INC. Chairman Voracek opened the last public hearing of the evening regarding a Preliminary Plat consisting of approximately 6.7 previously zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Park Planned Development, a Conditional Use Permit for a pylon sign, and a Variance for parking requirements located along the south side of Yankee Doodle Road east of Yankee Place in the NE 1/4 of Section 15. City Planner Sturm stated that all building and parking setback requirements are met with this proposal. He stated that the applicant is proposing a variance to allow 143 fewer parking spaces than required by Code and to allow 9 feet stall widths instead of the standard 10 feet width. Further, the applicant is requesting a pylon sign with a square footage of 185 sq. ft. instead of the allowed 125 sq. ft . Lastly, the applicant is proposing a marquis with chasing lights which is not allowed by Code. Member Merkley arrived. Jim Greupner, a representative of Mann Theatres, stated that they have been in business for 46 years and currently have 19 theatres in Minnesota. He mentioned that they were looking to build a theatre somewhere in the south metro and decided that Eagan was the best location. Mr. Greupner then discussed the concerns that City staff has with this proposal . He stated that they are requesting a 1: 4 parking ratio, which is a standard for the theatre industry and one which their other theatres have. Any overflow on holidays or Saturdays could use the adjoining office building parking lots as the hours of operation would be different. Mr. Greupner stated that they also are requesting 9 foot stalls. Their other theatres have 9 foot stalls and they have had no problems . He mentioned that customers will not be loading or unloading their vehicles with merchandise using a shopping cart as in other types of businesses. Regarding the filling of .4 acre of wetland, Mr. Greupner stated that there was no way around it. He did mention that the developer is willing to increase another wetland in the City in exchange for the filling in of this wetland. Mr. Greupner commented that they need the off-site pylon sign for better visibility. The chasing lights on the marquis would not effect any residential homes and would be very tasteful and attractive. He 91(0 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 27 , 1993 stated that they are opposed to conditions #14 and 15. In conclusion, Mr. Greupner stated that he believed this site would work for a theatre and they were very excited about this proposal. Michael Colon, a representative of the developer, stated that they were proud to bring this application to the City. He mentioned that not every City has an opportunity to have a first rate theatre such as Mann Theatre in their community. Mann Theatre is considered to the main "player" in the state in regards to theatres. Mr. Colon reiterated that the City will not lose any wetland with this proposal as they are prepared to increase another wetland in the City, such as O'Leary Lake. He also •mentioned that the accesses are proposed as they are so that the main traffic flow is not in front of the theatre. Dave Nash, a civil engineer for the applicant, stated that by working with City staff they can alleviate any problems stated in conditions #8 and 12 . An attorney for Blue Cross/Blue Shield stated that the theatre will be located adjacent to one of their office buildings and they are opposed to this proposal . She stated that there is mostly office buildings in this immediate area and a theatre is not compatible and consistent with this area. She was concerned that with the shortage of parking stalls, customers from the theatre will use their parking lot which would cause them problems especially during the afternoon showings . Larry Guthrie, a resident of Drexel Court, stated that he was in favor of this proposal and believed that it would be a good addition to the City. He mentioned that Mann Theatres has a good reputation and believed that an office building and a theatre were a good mix. He questioned if there would be bicycle racks available at the theatre. Mr. Greupner stated that bicycle racks are proposed on the site. Member Merkley stated he was very excited about Mann Theatre coming into the City. However, his major concern was access and circulation. He felt that not having the access points line up could create traffic congestion. Another concern was the two future restaurants sharing the same access as the theatre. Basically, he felt that the traffic flow for this site was not adequate and unsafe and therefore he could not support it. He mentioned that he had other concerns with this proposal, however, he suggested that the Commission concentrate on the site plan first before getting into details . r7 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 27 , 1993 Chairman Voracek concurred with Member Merkley's comments. He also felt there would be a shortage of parking spaces when the restaurants were developed. Member Heyl stated that she too had a concern with the access points and felt they were not acceptable. She mentioned that the applicant stated that there will be parking problems on Saturdays and holidays and that customers will be parking across the street. She did not feel comfortable with customers walking across a street to get to the theatre. She also mentioned that she had a concern with the wetland. Member Wallace felt that the site could be workable. He is • familiar with the Mann Theatre located in Maple Grove and stated that it is very nice. Martin Colon, the developer, stated that the proposed access points would best serve the development. He stated that they could adjust the northerly access to line up with the access across the street. He felt that by moving the south access it would force the traffic in front of the theatre which would create a safety concern. Mr. Colon stated that his company paid a great sum of money to build the internal road system in Town Centre so future businesses could have access . He was confused as to why the City was now saying they could not use the accesses on the roads that they built. He further mentioned that excess parking is proposed in the concept plan for the restaurants . Lastly, the proposed exterior material for the theatre is very expensive and will be aesthetically pleasing. Member Merkley agreed with Mr. Colon in that moving the access point without moving the theatre would create traffic in front of the building. He mentioned that previously he was not implying that only the access be moved. He stated that even if Mr. Colon built the roads, the City still needed to be concerned with safety. Member Isberg also stated his concern with the traffic circulation and the probability of stacking of vehicles. Michael Colon mentioned that if the access is denied, it will be almost impossible to get a first class restaurant into that area. He said that to market a particular area, access and visibility is "everything. " From a marketing standpoint this site plan has been revised to bring in top quality businesses. He stated that they would be agreeable to an added condition which would require the developer to increase a wetland elsewhere in the City so that the wetland on this site could be partially filled. Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 27 , 1993 Chairman Voracek stated that he was excited about the prospect of Mann Theatre coming to Eagan and the Commission was not trying to impede the marketing of this area. He stated that the Commission's basic concern was with the health and welfare of the citizens of Eagan. He stated that the Park and Recreation Commission could deal with the wetland issue. • Bob Vanny, architect for the applicant, explained the reasoning behind the positioning of the accesses. He stated that their design forces customers to park in the south parking lot. Member Hoeft felt that the north access does not work because of its proximity to Yankee Doodle Road. Mr. Greupner commented that they can not move the theatre any where else on this site. He requested that the Commission take action on this matter that evening. He mentioned that if this site does not work, they will find another site. Member Gorman wanted it noted that he is not in favor of the building being constructed of precast material and requested that the building be constructed of brick. Member Hoeft mentioned that the theatre would be a welcome addition to the City, however, without knowing what will be developed north of the theatre and how it would affect the traffic flow and access points, he could not support this proposal . Heyl moved, Gorman seconded, the motion to deny a Preliminary Plat consisting of approximately 6. 7 previously zoned CSC (Community Shopping Center) acres within the Eagan Heights Commercial Park Planned Development located along the south side of Yankee Doodle Road east of Yankee Place in the NE 1/4 of Section 15. Heyl , Gorman, Merkley, Hoeft and Isberg voted in favor; Voracek and Wallace voted against. Motion Passed 5-2 . ADJOURNMENT Isberg moved, Hoeft seconded, the motion to adjourn the July 27 , 1993 Advisory Planning Commission meeting at 10:00 p.m. All voted in favor. Secretary - Eagan Advisory Penning Commission MEMO i 4,fib. city of eagan IS TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: AUGUST 12, 1993 SUBJECT: TOWN CENTRE 100 TWELFTH ADDITION At the July 27 Advisory Planning Commission meeting, the Town Centre 100 Twelfth Addition consisting of one 6.7 acre lot for a Mann Theatre was denied 5-2 after a lengthy presentation and question and answer period. The site is located along the south side of Yankee Doodle Road immediately west of the Blue Cross/Blue Shield 10-story building on a parcel zoned Community Shopping Center (CSC) within the Eagan Heights Commercial Park Planned Development. The plan leaves a residual 180' along the north side of the lot for future development that the applicants are anticipating as restaurant sites. The site plan shows a conceptual layout that could accommodate two 324 and 234 seat restaurants based on one parking stall for every three seats. The following issues were discussed: • The off-site pylon sign at the intersection of Yankee Doodle Road and Yankee Place. • 9' wide parking stalls. • The Variance to allow 406 parking stalls as opposed to 549 required by Code (one stall for every three seats). • Ingress/egress and internal circulation. • The filling of the wetland and the building exterior proposed to be a decorative precast panel. l9 On August 11, the applicant submitted a revised site plan that shifted the building slightly to the south and now provides an uninterrupted drive lane to the proposed restaurant pads to the north. This reduced the number of parking stalls on the theater lot to 373, or one stall per a 4.4 seat ratio. The southerly access point does not line up with the one for the Town Centre Shoppes across the street as called for in Condition #19. The applicants are objecting to Conditions #14 and #15 regarding wetland requirements. If you would like additional information, please contact me. City Planner JS/js /e7( 1.11f 1 i1 I 4 2 I3 ,_.w...-- 1 4 1111111 c 3: 11114ii:T:# S -- a t 'qI ) Z -ti T E 2 T II 1 Yt4t,K2 PEKE 4.4"1411 _____).--°----------":------1--71 \ y v ` , I I I I I I I • I LLI_ .I �i �.IiJ i� I\ 1 I 1 t\ \ •k'' - i v\v 1 �� \\\ ' .L; ,,,III bpi — -)0-t 4....r.f--.,q,„-Ig-lf.— It \VAS v �\ - ' - = x 75 I \vA\ ' \t.\\ —, lei 1 n� 3. �� = to - — — I [ I 1-,d----I i/ & ��`� V t = • A A - — L 4 __-= f / ..,, � � - -_ i: I I I - c ,- ° _ -�v \� \y\\ � � I I, I IT - - � ' < — Li i- - -• , , , i 4.r 1 r-L...1{] __-7.-_-, i ��-' __ ii,„ ^ r � G D Vanney EAGAN THEATRE Site Plan m� j Associates EAGAN, )(N I'"' Inv — --� r. ,a,vas ��- ..�.�. -� I� I f \ / I Imo\ ■rar:e:'''. --- -Z-- I II . 1 1 AUG 1 ? E ! ISED; I.; / it s 1 ■•■ .." 1 1 1 ! or, ;il).i-•? t;kknZ I i ; 1 ‘z;c' F4 ? VIIk.IA 1 k 1 14,1 ' 4 Iridili -a. • 1;: 1 A A . ?i ;1 innA3list. C ? 71 I • - • • 1 ''• t" F ,• I,r, '•: ". S f . .. . !IL 1.• .4. 4 I r 7,". • 1 Ykrt.! rl_Aa. • lir ..• -•-- , . . ,.. 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''... .., ' I = 1 .. • r•P3:.: i __. 1 — ,...1,..____.,........ ..;.....4....00.0.44.0040......i..... .10.004.4H .T."4-7.- ... rs____ :--j r-I1 I I I 7 ' 1"—• 1 1 '11 ' 11H : 1111111 .. ......_ „.....................„.........-- (-:- - ____---- AM!IT'1■IP IN . 4.... .1 > Vannev tAck..4 THEATPE Site Plan ...,.....,•...___ , _...... _ ••••••••••...— 1 IlAsFeci.ates c•cA,N. mN = vir •I M IMMO m•ow.m.• , ,,_, III/0,6101MM••• ' =■••• ..--..-- MEMORANDUM \TO: 4OM HEDGES, CRY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 12,1993 RE: TOWN CENTRE 100 - 12TH ADDITION MANN THEATERS, INC. At the Advisory Parks, Recreation and Natural Resources Commission Meeting on August 5, the Commission reviewed the Town Centre 100 - 12th Addition proposal. The Development and owner were present at the meeting. There was significant review and discussion regarding the proposal by the developer to fill in .4 acres of wetlands. Mr. Colon, developer of the Town Centre additions, explained his perspective on the history of the pond. He went on to say that filling in the .4 acres of wetland would be made up on the project site through expansion of the wetland area adjacent to O'Leary Lake. Commission members expressed their perspective that construction around the pond would do more than just remove the wetlands; that would be a loss of existing vegetation, general degradation of the site and creation of a great deal of asphalt. Members questioned why the developer could not purchase additional land to the north to provide sufficient parking for the theater site. The owner, representing Mann Theaters, explained that Mann Theaters did not own that property and that the expense of additional acquisition did not make the project feasible. The representative then went on to explain that they were looking for a variance from the city for parking space as it was their impression that the ratio of parking was excessive at 3 to 1. Further review of the proposal, members of the Advisory Commission also raised questions and recommendations for a sidewalk along Town Centre Drive and the potential for a trailway around the pond. Currently, an asphalt trail does exist on the east side of the pond servicing the office building. Members reasoned that a trailway around the entire perimeter of the pond would be beneficial to both developments. Town Centre 100 - 12th Addition Page 2 August 12, 1993 Members also questions if this development met the city ordinance requirements regarding greenspace within impervious areas. This ordinance requires 5% of the area to have landscape islands. After additional discussion by the Commission regarding the wetland,the Commission felt that the filling in of the wetland for this development did not seem appropriate given current wetland regulations. Members felt that removal of the wetlands to provide for parking space was not appropriate and it would be better for the city to provide a variance for reduction in parking than to fill in the wetland area. The Commission then recommended the following eight items for Council consideration. 1. The developer is to excavate Pond DP-20 to provide .8 acre-feet additional wet pond volume to meet water quality treatment requirements for the proposed development. 2. The developer is to be required to obtain water resources program staff approval for the excavation plan. 3. The developer's proposal to fill .4 acres of wetland associated with Pond DP-20 be denied and alternatives to avoid or minimize filling be pursued. 4. If the City allows any filling of the wetland, a plan must be submitted for approval by staff to replace the filled area on a acre-for-acre basis as required under the interim program of the WCA. 5. Any wet pond volume lost due to filling is to be made up by additional excavation in Pond DP-20. 6. The City of Eagan Tree Preservation Guidelines are to be followed and applicant must identify size and species of significant trees on the grading plan. 7. A sidewalk is to be incorporated along the west and south side of the site. KV/nh n3/mann.mem cc: Marilyn Wucherpfennig, Planning Aide Joe Merchak, Construction Analyst Mike Foertsch, Assistant City Engineer 1 BlueCross Blue Shield O67 of Minnesota e P.O. Box 64560 • St. Paul, Minnesota 55164-0560 August 12, 1993 Mayor Tom Egan • City of Eagan Eagan, Minnesota 55123 Re: Mann Theaters, Inc. Development Dear Mayor Egan: I am writing in follow-up to the meeting on July 27 of the Advisory Planning Commission and their decision to oppose the Conditional Use Permits and Variance which were requested in connection with the proposal to build movie theaters and, potentially, two restaurants on the site adjacent to our Waterview Office Tower on Yankee Doodle Road. Legal counsel representing Blue Cross and Blue Shield of Minnesota attended the meeting to express our opposition to this development. It is our position that this retail development would be incompatible with the office properties located in the immediate vicinity. It is our understanding that there will be a projected parking shortage of between 120 and 150 spaces, which we feel will result in use by restaurant and theater patrons of our parking facilities. In addition, we are concerned that the additional traffic generated by these businesses during our normal business hours will jeopardize the safe exit of our employees and customers from our parking lot, particularly at the end of the business day. Finally, we were dismayed to learn of the plan to fill in a portion of the pond which is partially located on our property and enjoyed by our employees during lunch and other break times. Certainly, when we originally leased the property several years ago, there was no indication that Federal Land would permit the alteration of this green space. Please note the attached petition signed by our Waterview Office Tower employees. We agree that movie theaters would be a positive addition for the residents of Eagan, providing that the site can adequately accommodate the needed parking and ensure the safe flow of traffic. We respectfully submit that another site would better serve the long-term needs of these types of retail establishments. Sincerely, Sharon Zau r Assistant Vice President Administrative Services SZ/cj BlueCross BlueShield • 14) © of Minnesota P.O. Box 64560 • St. Paul, Minnesota 55164-0560 TO WHOM IT MAY CONCERN: MANY EMPLOYEES WHO WORK AT THE BLUE CROSS/BLUE SHIELD WATERVIEW OFFICE TOWER OBJECT TO THE PROPOSED THEATER SITE WEST OF WATERVIEW. OUR POND OR (WETLAND) IS ENJOYED BY ALL EMPLOYEES AND TO FILL IT WOULD BE A TRAVESTY. PLEASE CONSIDER ANOTHER SITE FOR THE THEATER LOCATION. THANK YOU FOR YOUR CONSIDERATION. MRS. DORIS KRAEMER 4069 DEERWOOD TRAIL EAGAN, MINN 55122 NAMES ADDRESSES PHONE 0'S 1- e rzvcirrd E-ez-7 -7, (74 7 L 2. 3. �� L_cam, l C c-4-ti, C-{- 4. 5. 6. 11-1--eaA.- - ..St • 9. • L../( 4,74/ . Lii/U, )t A ...it) • ( 12. ) 1 L d!.SL 13. iJ , 14. ) l LfqV 15. ' � :'��uL_ 16. / /c q iL( - �1 y4 S USA o'tne' U e 0 yTC 71 .7 Si 1a / f1ec G ed_ - - ie z -/7 si-� j4 r C - Ielj a c 67,4— --/-z) eld-i-eit--/zi tc,(i) ,8c,O:C, �� re /1162.-r>/1, & K,ss 7),,m- - , , 0...-.......) Q„\- ...;', ' \,L:',A.„. , c6.-L ;;Li-,.t., bo/.7_,'LL',/i 5 ./g (,,-4 __5 . tv. 1/fic/e V-,.6 (:ii, 177/7- 55--71 -.7;74 • -15 Cc i 9 L(i " r)c,,,1:u,' '-- n -c,L c' ' 1 lc Up pe r 1 3rd I G f-I r �� is v C �") - C. 3. 3 C:C1.r i,-,�I , car\ Li EGC�Cu-1, I l 1n `; i �,_ 7 ;me.,— I ) ,/t7,7t-il)!! ,„, g.h 1 /5747 Av k ..- . , ...... [, _ ( .. , _, , ,‘,7- 1 1 . r _.ti /'-'_ /0! Agenda Information Memo September 7, 1993, City Council Meeting NEW'BUSINESS CERTIFICATION OF PROPOSED 1994 PROPERTY TAX LEVY PROPOSED 1994 BUDGET/TRUTH IN TAXATION HEARING DATES A. Certification of Proposed 1994 Property Tax Levy, Proposed 1994 Budget and Dates for Truth in Taxation Hearings--A special workshop session was held on August 31, 1993, to review a preliminary budget, property tax levy and truth in taxation requirements. Enclosed on page is a copy of the preliminary 1994 budget as reviewed at the special meeting. The prop ttD sed 1994 property tax levy net of HACA is $11,145,124. The levy will be appropriated to the general fund, major street fund, equipment revolving fund, debt service funds and to the reserve for abatements. The levy will be used for Truth in Taxation notices to be mailed by the County in November. Both the levy and proposed budget will continue to be reviewed prior to final adoption in December. The property tax levy can be decreased but it cannot be increased after this preliminary certification. The budget can be changed in any way as long as no total levy increase is made. The final action required is to set dates for the Truth in Taxation hearings which also will be noticed through the parcel specific notice process. The following dates are suggested: December 7, 1993 Regular City Council meeting to include initial Truth in Taxation hearing. December 15, 1993 Special City Council meeting for the continuation of the Truth in Taxation hearing. Used as subsequent hearing date for Levy and budget adoption if continuation of the Truth in Taxation hearing is unnecessary. December 16, 1993 Special City Council meeting to adopt levy and budget if not completed on December 15, 1993. Canceled if action was taken on December 15, 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the certification of the proposed 1994 Budget and the 1994 property tax levy and to set the Truth in Taxation hearing for December 7, the continuation hearing for December 15 and the subsequent hearing for December 16. 1 �� 94BUDEXP GENERAL FUND 26-Aug-93 COMPARATIVE SUMMARY OF EXPENDITURES Actual Actual Budget Dept Request Adnin Recomn % Increase 1991 1992 1993 1994 1994 '93 to '94 GENERAL GOVERNMENT 01 Mayor & Council $ 73,465 S 85,985 $ 80,800 S 84,100 S 84,100 4.1% 02 Administration 423,988 459,822 512,400 543,700 543,700 6.1% 03 Data Processing 235,131 300,294 332,500 386,600 346,200 4.1% 05 Finance/City Clerk 695,456 768,692 758,200 838,500 836,700 10.4% 06 Legal 306,526 337,069 370,000 370,000 370,000 0.0% 07 Community Development 1,231,025 1,304,281 1,339,100 1,570,750 1,471,600 9.9% 10 Cable TV 52,943 64,362 65,400 86,600 86,600 32.4% 3,018,534 3,320,505 3,458,400 3,880,250 3,738,900 8.1% PUBLIC SAFETY 11 Police 3,414,904 3,924,380 4,330,700 4,886,700 4,827,000 11.5% 12 Fire 646,176 664,470 744,100 815,500 796,400 7.0% 4,061,080 4,588,850 5,074,800 5,702,200 5,623,400 10.8% PUBLIC WORKS 21 Public Works Engineering 682,433 729,616 775,500 809,500 806,900 4.0% 22 Streets 8 Highways 835,855 736,030 882,900 935,800 931,300 5.5% 24 Central Services Maintenance 320,317 329,043 381,500 413,000 413,000 8.3% 1,838,605 1,794,689 2,039,900 2,158,300 2,151,200 5.5% PARKS 8 RECREATION 31 Parks 8 Recreation 1,451,788 1,551,215 1,716,500 1,873,900 1,861,600 8.5% 32 Forestry 95,936 102,028 124,000 154,000 151,000 21.8% 1,547,724 1,653,243 1,840,500 2,027,900 2,012,600 9.4% OTHER 41 Contingency 0 0 40,000 0 107,000 167.5% 0 0 40,000 0 107,000 167.5% TOTAL GENERAL FUND EXPENDITURES $ 10,465,943 S 11,357,287 $ 12,453,600 S 13,768,650 S 13,633,100 9.5% c e SLZZZZZ..LL :r.SL / (O Agenda Information Memo September 7, 1993, City Council Meeting CONSIDER PETITION TO INSTALL STOP SIGNS (NORTH HAY LAKE ROAD & FAWN RIDGE TRAIL) B. Consider Petition To Install Stop Signs (North Hay Lake Road&Fawn Ridge Trail)- -Enclosed on pages through 7/3 is a copy of a petition the City received requesting the installation of stop signs at the above-referenced intersection. In response to this petition, the Engineering Division conducted a study of this intersection to determine whether the stop signs as requested meet the warrants of the Manual On Uniform Traffic Control Devices (MUTCD). The MUTCD has been adopted by the City of Eagan to minimize liability associated with problems r sulting from the installation of unwarranted traffic control signs. Enclosed on pages // through /2O is a copy of the engineering report concluding that the requested installation of stop signs on North Hay Lake Drive at Fawn Ridge Trail are not warranted at this time. The City Engineer has been given the authority to proceed with the installation of stop signs that are determined to meet the warrants of the MUTCD. Those locations where stop sign installations are not warranted, the petition is then presented to the City Council for their formal consideration. The lead petitioner has been informed of the results of the engineering study and Council consideration of this petition on September 7. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the installation of stop signs on North Hay Lake Road with Fawn Ridge Trail. 7l( FOR 1. vau 1QY 2 ; Date Recei Z 7 Approved Abe _city OF=Dan PETITION STOP SIGN I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs N0ic,1 H Hfl t -'E- 12.-0-A-D at the intersection with I/we, request this installation for the following reasons: 1. C eta-S -T(2. q_ L Tom S� T ,/1- v �-l-k-- 2 . 'T'c'sgr-- cSL,.. A S fk.% cz N - ..x/-- ii€. )E .) Lt.- - • . sal),fJ, , w E_ 3. k--'v dv\vat- S ws-mot-- `c%' L<*-S-k_-n(tom-f•.) .0 v..)eL Pc(2 Pc U C- C_.E 4LIV .p �T ---fit L CAct-Wrci, 4. I/we request that the City Council take this petition request under consideration 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. Ai.t 6 e^1'�""� NAME (Please print and initial) Address c •5- E 2 lAi v A. `., ..0 7 V Z Moui L-d�-/� � L6 E 0 3. U ems' 1+ ..e_- 1n `1 n ►v, 0-cu L L 4 E 4. /'(7.�)'Tvt� ill,- r 'HP rAwn/ lqi'd' ✓. FGA /11.� �3 1 5.�� 1.n� lll� �. -- / Ali . _ :..' _�_-_ r � L3 a `1 call e i 7. �-/4,: s -4' „._ NS-N. x /6( E,'z a-c, s2/U -3 8. e 7 i AN rep o -/7I N Z T/ �' .— Qm 9. 10. //&--- II : ' 1 11 r+�, "D 1 ,O _ - —err• 8 , ? 1Vx.- 10 r2 , \ � �,p !42• !n.,. ` \\� • Z • rA r � • 14t�4 .. 1, ,_ - �' .7,7.....44.........%� �,✓1 T rtii \ + •I \\ , V •l• p��'1111 H a l Qom• tf COUGAAR� Jr_�- %o ° 'c ° �0 A� • •lie it ,a,a e• , 02� v ,. Is "+rte t �r k, 02_2• 1- •3 0 f s 02 •,S •••w,r� rrt .•7 t f P 1 L 1<�' 4 1 N na y t4 -51 '1, S •fi °. ♦ e' t • d P �I� •�.,••4. •.tr !' i� .ii . 4 ..,„. s ill I w I 0 R,H,Erss ii.gi. ‘..v.: . . . 1 ,..: •� br + • (�W. • .- .i..„IN gi. • •r.� I r< II 6 1/ ♦ 7 6 • P �.• • / 4 X 1• C J+ / .I S;t I. " .• • b M 4' f I \ y� r+Y,O•�1 . •• • ■ •,Ids/! .6, ;: r ' ' t• `11 = 11 D 11 + •~ • a* .,fp�p/M \ 1 - II t '0 •K roi �" • •' I i ,4.c • a•� ._' •e. �.t o, M r J - ,1t• �'�. {, . I /-'.-ty i1 1 t $ Y ,l$ • 1 S I. 1/ l i r{� . g,� ' •o » • •,♦4,' e 1 1 'f .' • 3$1f t: 4) ,. i °• 11 •1 it x4j -1 •1" It ♦ s f l• . p • ►1 a ' Y,, ' k/ ,` 1 •i-• 4)e /' G (/��• ~/ 0 •./ 14..:::: :: :::: :: (:' \ /' -�-. 7111 O 1 1:•1111.. - 4 :f • • 10 ' ' ,� ,1r III r1 ` '1 O 1/ ' . , 1Y 'Ni A •1. i servo•• =" I ae o'• ys ',fit I•■ _ se'. • • y+ ••, '��-♦ +`� ••/ • at .04111e.• •_ (I: / } s44► a I. ■4I ...t. ' 11 illipliV .fl •.r1r..• rb- i, ♦ P t lire . i •. ►b ♦• 1.1 •�� : • 171 1/ 1# i, �d \,. ....i.i.s 0\ .-4. 4 4, rt..., _ , \ .It = •. # •/ i0 .1..:„ t j._,.. _044, _ , 7777 I. 1. ,. 1 �r 0 !". rr4T a4. I . .. • Jai,\ 7 • 6 t / ,• 4., 1/ D 1 / b t`\�e- •Y EN D. i 1,4 • I;• • ? lo fCOUNTY -TATE --..••.1..• 1..,«-• AID • N ffviSFO n•77 47>►7 4.44441246 I •twuo •-IS elT / G .4. MEMO _city ea an of 9 TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P. FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 3, 1993 SUBJECT: STOP SIGN PETITION INSTALL STOP SIGNS ON NORTH HAY LAKE ROAD AT THE FAWN RIDGE TRAIL INTERSECTION Attached for City Council consideration is a stop sign petition received from eight property owners requesting the installation of stop signs on North Hay Lake Road at the Fawn Ridge Trail intersection. Also attached are exhibits showing the petitioning property owners in relation to the above-referenced intersection, traffic count information, stopping sight distance information and a site plan showing the existing intersection control within the Fawn Ridge Additions. In response to this petition, the following issues were investigated to determine if the petitioned stop signs are warranted in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) criteria: 1. An accident analysis was performed for the above-referenced intersection resulting in no accidents occurring at the intersection within the last four years. 2. A speed study was performed on June 2 and 3, 1992, between the hours of 6 a.m. - 8 a.m. and 3:30 p.m. - 6 p.m. Results of the speed study indicate that of the 280 vehicles observed at four different times, nine vehicles exceeded the 30 M.P.H. speed limit with the highest speed recorded at 33 M.P.H. The average speed of the 280 vehicles checked was calculated at 21.8 M.P.H. All vehicles checked were travelling on North Hay Lake Road. The 85th percentile speed was calculated at 27 M.P.H. 3. On June 1 - 3, 1992, 48 hour traffic counts were taken at the above-referenced intersection. The traffic volumes counted were reduced to a 24 hour ADT as listed below: Vehicle Count North Hay Lake Road west of Fawn Ridge Trail 401 North Hay Lake Road east of Fawn Ridge Trail 224 Fawn Ridge Trail north of North Hay Lake Rd. 248 /((-7 Page Two September 3, 1993 4. The fourth item which is reviewed as a part of a stop sign request is the intersection analysis for determination of the clear stopping sight distance. In determining the "ideal" clear stopping sight distance a visual inspection of the intersection is performed as well as taking into consideration the existing grade on the streets approaching the intersection. In calculating the clear stopping sight distance for the above-referenced intersection, a distance of 215 to 225 feet was calculated. Please refer to the attached clear stopping sight distance exhibit. In summary, the petitioning residents are concerned with the speeds at which cars travel through their neighborhood. In reviewing the speed study which was performed for the cars travelling on North Hay Lake Road at this intersection, only nine vehicles of the 280 observed were exceeding the posted 30 M.P.H. speed limit. Another item which is reviewed with stop sign installation requests is the installation of warning signs which identify the intersection to approaching motorists. In cases where the clear stopping sight distance observed is less than the calculated, advance signage identifying an intersection is warranted under the MMUTCD. For example, if the clear stopping sight distance observed was for a distance less than the 30 M.P.H. clear stopping sight distance which was calculated, an advisory speed limit sign attached to an approaching "T" intersection sign would be warranted for speeds of something less than 30 M.P.H. Minnesota State Statute 169.20 "Right-of-Way" Subdivision 1, clearly identifies the assignment of right-of-way in instances such as this. Subdivision 1 states the following in part "When two vehicles enter an uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. • At an uncontrolled approach to a 'T shaped intersection, the driver required to turn shall yield to the cross-traffic." If you have any questions or need additional information, please advise. 2L;z-irree. Michael r. Foertsch Attachments MPF/je l �� t . _Y Date Recces " t mkt' 2 7 IS S2 Approved —city of eagan PETITION ,STOP SIGN I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop sig.s on r� f LPG-r. 0, at the intersection with G- I/we, request this installation for the following reasons: 1. Cc�2S '�2�-=�� Toc: 2 . F3 s Ce ti.!AYE- EJE-v1 3. l , v %\i\ 4. I/we request that the City Council take this petition request under consideration 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. AFB 6 " � NA. (Please print and initial) Address �nitial) ,,11 3 1. , �� 'r�"`-`^�r't (\k'�iJ+v t Li t7 N- C� v 1. 4-5 65 2. v - �.1 A meat 7 MTA'<1 L4-4 e Lb 6S 3. L ,r / L E5 > 5• r � {- i iz), 11 .//l1 Z'4f.— N 44/ ' �l _ I ,V7 /Id L3 I85 6. 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"4•J h+;tr ' iii •,• nines =/ief- ia •y ,�• .•Y:.::::E"Iiiiiili::!::-.111i1111':ii...4. • '1•.w S 1 t Vii. •_ : � ♦} �, i �' R L_ • •#/.1• to dj 4, ` 44 ':.1 fit ,. �r to. to . ,„ q • ill • IS. : acit .1 _ 4 //4: 4::'.‘ 4 t.,„ Mill es•A Ilk. Ili._ ,., 4, . . * kt. .Arl.... \ • 12.1il. ". ? ' li‘ - 3 44, ,, --/". .. %. '4 ' 4. , 4 ...1 :4 %"..4:..174 .. .- •.,.. It i'c 4:„':..../ibitt t:. 14 \ '. . 4' ' • •ye= •O ti 0\ .- is III•filk 4 .1- - - 1: r -T-4 - • 0 6 404 4,0 a...._ ."I , : 4. City of eagan • approved standard �k • PUBLIC plate a . ttia WORKS PETITIONIN • 1, - DEPARTMENT 11 4 ` It 0 $ Fy 1♦ �A` eft•,e * .J j p4° ; yil ♦• � c y 13 .. a ort �e LL J M �' A .y b 11 A 1 2 " ` % �t �T so," • i e T'�AJO'' j ��l .- \ 1 • e f0 i 9 \�- • 7 14 Mi -s—iii 5 ,4 '• t!•■ ec0- a 'iii. Ili, 1rf , i g t� ,D 40 r `'- 11 9 a •MtY'S •1 1. '� �J t �, 1 pi pe r t •, - %... t trop t tt �`$ ♦ X 1 Iq�t° '�\ •1L. 'N44 S ,te te'14+te _ "M1'_ f4, 4 I • • 44. k t,,..., k .,,e,,,. , ..- ., . . ,-;;4_,,., 41,0 At 4 /1 li I .03 ° �� ,, � N t . e .• 4etoi fi►, sys■COMI. ,._ it 1 4 v f. n set ' • Ip,,, 4 r o e, e a • ; f 1 '♦ :. 4 t� A'✓ tt • d e •, ��1 It b A401 VEHICLES (24 HOUR TOTAL) • • B 224 VEHICLES (24 HOUR TOTAL) C248 VEHICES (24 HOUR TOTAL) City of eagarl approved: plate d PUBLIC TRAFFIC COUNTS WORKS a - DEPARTMENT PARTMENT . /(? . i \ mow _ t \ A ____------ — \ _ 4 _________ ....., , \ , _ ---- ik lit --------- \ id,„\*. ... \ ,----- ____--- \\ 1\ ____--- --__ ..._4 1 i. Ib‘Nik' \ 4 . . . - - .. , ..----• .----- ...-0 \, .. . -- . . . - .:1".• \ \.. 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'r - •�,il \ /x /18 �. . \ I ►; / // �1 11 1 1 I 11 'j •�‘\ 1 1 .,•,,,, ,� - / >�? .j �4 ,l 1 0 (i f` - I \ \\ 1 V j� . /� 1 � / v� , l 1 \ x \1 \ \ e .c ir 1 ir Mhillallia Willi 1 . ' I',.. ,ia. , ra.„ ,,,,, \ \\ - ,, /' \• ,ve I" • //N \ \■ / _ w..-?0,..:- ,itsh!4 , - - - 44 s „ ‘\ . \ . ...-0 I (,c,' - .-% • *ft \\ (tit& %' -- 410114 ' _"' ilk I N‘ \ v 111..-., i le ;:t: a -, . .: 4vk 41-.-- „,. ‘...., -i ....,. . i ..... ., - "--",_ ,t: / ,fi, , A i ;./ -.41111ip■ . •\ \\ _ 4_,.,\\\ 're& •. ;.•;,;" Ifiallk \ \ 11P 4 / / N. I -11 . ....T. -::-..„ A ,....._ /1 \ ., _ - 1111 LaL ■1 4 \ • 1 ‘1‘ qq \ \ ,. -� 1 �1\ ,C .• ' ..I '' • '�/L, \ ... 1,.\Y \\\\��"'�� NO INTERSECTION CO. . _� �, - _ • r \ \ A YIELD CONDIT •N _• 6 _ .—f-=_� _ \�� _\ _ PROPOSED STOP CONDITION ' t -reyrr '2,-�T��= — Agenda Information Memo September 7, 1993 City Council Meeting SETBACK VARIANCE/FRANCES HOMES/RUSTIC HILLS C. Variance, Frances Homes, of 4' to the Required 30' Front Yard Setback and 40' to the Required 50' Side Setback from Public Right-of-Way for Rustic Hills Drive, Located on Lot 15,Block 1,Rustic Hills Addition in the Southwest Quarter of Section 4--An application has been received of Frances Homes for the above-referenced setback variances for property located at Trunk Highway 13 and Rustic Hills Drive. For additional information with respect to this item, please refer to the Comm nity Development Department staff report which is enclosed on pages /?..)-through�?$for your review. It should be noted that a variance requires a particular hardship unique to the property. In this case, the applicant has indicated that the combination of setbacks on an existing corner lot give rise to the variance request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the above- referenced setback variances for Frances Homes for property located on Lot 15, Block 1, Rustic Hills as presented. ( SUBJECT: VARIANCE APPLICANT: TERRY P. MAHONEY LOCATION: SW QUARTER SECTION 4 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 7, 1993 DATE OF REPORT: SEPTEMBER 2, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 4' Variance to the required 30' front yard setback and a 40' Variance to the required 50' side yard setback for 1594 Rustic Hills Drive, Lot 15, Rustic Hills Addition. COMMENTS: The west (rear) and north (side) property lines of the lot are adjacent to the Highway 13 right-of-way which requires a minimum building setback of 50'. The applicant is proposing a 10' side yard setback to the north and a 26' front setback on the east side; however, is willing to move the house back to meet the 30' front yard setback resulting in 46' where ' is required by the City from the state highway right-of-way. rear setback of 46 here 50 �s e a 9 Y tY � Y Depending on the preference of the City Council, the applicant will locate the structure east or west, as requested. According to the applicant, the hardship is the 50' building setbacks, combined with the unusual configuration of the property, which make this lot virtually unbuildable. If approved, this Variance shall be subject to the following: 1. All applicable City Codes. V CQUOITPr ne -a I— nw nw /� CLUB I CORPORATE J VJ W� v o_i� V5 _ I CENTER CURVE 1 L • .VALON AV sE MGMVI W f /(�—,+ MiGHViEw rte, 1 TUNE "'" 90 / RN r I Sc2 CI' SKYLINE TR SKTLR/E.► R I i aA 1 ;i' OAK : II Ca Ra No 261 li"' WIn NE l(2)111 i s 444 REC ccD II R TOMERVI w ^7 (\\ Rpti F O*Rs pR vA of 2I 44Cp` ail zt i', _�_1. _ - C' (C /•, * �a 3 J / t / x O, ,,i j 3 4 ., 7 oCZ/ //3 ir . 5 . ,,7--- mr -2-2-1-1-1: • / .,.. . 4Ct / 0 0 e r. A 5 E.: �., ztaa j � 3as.t _ -- — SKYLINE DRIVE _ . . � w�.f.•7. 1 .�.�.J .r A • p' ^ _^,0- , 1 I 4 IIf , 11 Z f4 Nii s j . y .,- `r �! c — • , o (r- I I1 r �� I I I I sir 7 E j%4 a V If II if Iq 4...— (.1. .. ] - - - 1 --N8$ 41 :3541'373 .5 .tea - �6 -et.- : .,Z L :. u • 6 L •S ! a��. S 9" E E �'''' .?x• a NT ��3 j n � " ,,.� STIC ,KILLS'°bR 4, ^ ,,�•% ,:1 i') ..-1-74 - _ e I CO 92,o 92 10 eE�3 '� :g F 7 ► 'mss oc1 7i+ ! 12 H I 10 ?,'J . r ;. 13 D fi'I0N ° 9 °`'8 e 112 ec .1'7' ■43 2'R —; 924175 f •Sc 0°-- °.`� : yt 92 10 9 2 i G " _`� �� 4, 92 i0 l062 �, 72 7 = 1 Y • :-;-7-= .1 71 ,-------- r-_ . o V r L , . R 1 L ��. 8 , ;L► w l4lf 1 ••,•;:.' , ., tli 1Y4- ---- - • SITE /a_3 •• i • , rA --.. ,1 ' it , . r N 6fi°33' 00„ w 100.54 ,y 0 O oy I X00 ' 0\ to 2.4 , 0 50 o r i rn 1 _ 4 i `� p 0 0 G» \ Q N o 6 u7 lf7 13.67 0 -- 28.35 �i .b• 30 0 , N N 7J Q u E.4,.a� Cj cv , • °4,6$� � 2 8 . . / 1 ■ N / i I/ • • o rr 5,1.5"1 �0�1.«C�y iu5e,- � ,is�t1G �\U 5 5\_00�� R V-01 12,50 68°33' 00„ E 1C2 1 Agenda Information Memo September 7, 1993 City Council Meeting SETBACK VARIANCE/ASPEN PROPERTIES/HILLS OF STONEBRIDGE D. Variance, Aspen Properties, of Approximately 18' from the Required 50' Setback from Wescott Road, Located on Lot 25, Block 1, Hills of Stonebridge in the Northeast Quarter of Section 24--An application has been received of Aspen Homes for the above-referenced sideyard setback variance for Lot 25, Block 1 of the Hills of Stonebridge subdivision. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages through,for your review. Please note that this property had previously received a variance for the reasons indicated in the report, but that the variance lapsed when it was not acted upon within the specified time period. It is also comparable to the variance granted the property opposite this lot on Chatham Road where a home currently exists. City code requires that applicants for a variance demonstrate a hardship unique to the property. The applicant indicates that a home consistent with the neighborhood cannot be constructed on the building pad available without the variance as requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 18 feet from the required 50 foot setback on public right-of-way for Aspen Properties for property located on Lot 25, Block 1, Hills of Stonebridge. /01- ) SUBJECT: VARIANCE APPLICANT: ASPEN PROPERTIES, INC. LOCATION: LOT 25, BLOCK 1, HILLS OF STONEBRIDGE EXISTING ZONING: PD R-1 (PLANNED DEVELOPMENT, SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 7, 1993 DATE OF REPORT: SEPTEMBER 2, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 17.52' to the required 50' setback from Wescott Road. BACKGROUND/COMMENTS: In May 1991 an application for a 15' Variance was approved for this lot and the lot across the street, Lot 1, Block 4. Lot 1, Block 4, was acted upon; Lot 25, Block 1, was never acted upon; and the approved Variance expired in May 1992. Once again, there is interest in developing this lot. The present applicant is requesting a 17.52' Variance to the 50' required setback from Wescott Road and is requesting the Variance to the side yard setback believing the 50' setback requirement is excessive and could be reduced without any detrimental effect to the livability of the home on this lot. During the Planned Unit Development process, special side yard setbacks were requested, discussed and assumed. When the lot was designed and approved, the lesser setbacks were considered and the lot width set accordingly. The plat was approved. With the 50' setback, Lot 25 would have only 49' at the front of the house and 30' at the rear. A home could not be built with these restrictive setbacks. If approved, this Variance shall be subject to the following conditions: 1. Access shall be from Chatham Road. 2. All other applicable City Codes shall be adhered to. pu c____;....11. .°Li _H _WA N DE RIN G W A L "" K RD - r'�FL, Yo y >j lARAWt Bg �y ��,^')"t ' .\\,\ ad ' �r a . r1RC E 'o : j •ill �RIDGE / � S 4414 V. ;; OVE .•. io , ' Iq,oG_ � . . k c. • 4 114 gyp\ � -\< AIIl.BR^ . _ . 6 Qaertttirntr cif it uartAty prepared for: LOT 25, BLOCK 1, SEASONAL o� vA.li HILLS OF STONEBRIDGE SEAS according to the recorded plat thereof. .BUILDERS, INC. DAKOTA COUNTY, MINNESOTA SCALE : 1" = 30' 4404 z,o eks o 1 7ro s / 1 gAci a^, /17,-nnE'k cc) 4 -4. 'l 1( , 1---- CD WESCOTT ROAD N 89°59'25" 1r' 140.61 N .LO• OA N I c b o - - N c:::$1 10 ORMWC£ t Latin' CI Q4 i � ` ^T R g PLAT 2 \ � ` o I 1 4,69 \ ,A,^ Sb' ITT-RACK UNE \ c 1 a C* a o � LOT \ ta �PROP09FD -- • cio 4 I ;44-e HOUSE : ASS 0o I - Ji3 ' r r �b � DRyVE cwfuat non .1 win mii •�= -u,z) > r 1 176 ,i`'?`- ;,, LOT 23 i ` . ' �7 Op 0Q V N 10 t ,+n ,� 1..-7 ti i }dub �ipv, u`"� ` ° qiq' i NOTE �a a,14,t A°1 ,car 24 NOTE dr MIITNSJONS PRIOR TO C.� CONSTRUCTION O BENCXMA.RK 7cp./nforlAwMu &pro' areal? 'r"l. a 31 o Denotes Iron monument �.4 4/ �e e4 (�' ie/ op' (�,.�ha.el M3.5 x Denotes existing elev. Q'7/ Q/8.8 S (07.4) Denotes proposed elev. 04d � �ie^ ' Denotes Off-Set hub �:tr. - Top of blck elev. rslrrgrrn �c ASfIItitltf, 50 C Top of fln. garage floor LARO SURVEYORS rss al Top of basement floor elev. 41300 21DTi STREET*g r. l/dCEV;LLt. MNIESQTA 66044 Indicates direction of surface dralnege PNOME : (e12) 4es-14109 Fox : 4441--1600 I hereby certify that this Is a true and carrlect representation of o tract and CS shown and desenbed hereon. A pared (by me or, this day of AUGUST 993. R Boole (01st V .! Minnesota 4epistrefien nto 7'90 700 NO,._ 11806 De R. nrel•rpn __ I /c27 I i __?'alb/ J o�r j, v, - . \ i Iii �N �� I Q 1` • \ v%� %. D I __I,e'�6 -J \1 e M �� n Q �`, j/"\ c :%. .. c.fk. I Z \A .1 'r ' \\ r, ril,\ ., e . I V -'$) V-- t " /fre,/0 In\ \ ,, V \ \ • / 70% P7Zr yf _, 1 ��1 � \�' ��a/ ,�33 t\ \,�� '� I` : � I 1%1 \4 0,14 , a .\\ �. X651 \\ 0 i ,W 1 \ I \\ �'i'�� ) .�' ; '�i (p �Vt �,\rah i/ SITE T �` �1 , \\�'1 eie6 '� �;^ �� 3;a5 .... ' os �� '•==� RAP �? ° s \�',bo / . It N. :N o` CHAll4 e4.31 /Ill I �� D Iti);I K. 3,.SF,OrJbOt�S �T 4 5 �' I °� \ '0o i� .... o s 0 • 1rIS // // i • gq C� I 4,1,/ 1 ia'I,00,402 I �l l� \Ac\ , ^ � i /0'05 ,, WI 1 w1 1 P !ti ��° o / ■ JAN •ill 1 I 0 it\i AC/ / ,s;;, --7 iT—— I I / 5i k "� 0 0 �__o roi_J L cos*? J L.a'6�;Lp.. //�� to, / Q 4 oorrz Jl i�4 ,,E �-� '- M„sF,00aooN cl� � 3a `” Variance approved \' NIN May 1991 \��' ab°+�� vow yp�i�39 ? ti ' \ / i I. M "Q \ `,. \ D \ o "xeg. �� y \O_ h • \( & Fans ,\ / i 7;.: : Ls�8Z ' •I �1 ., O,/Z0O/ S a R7 '� •• —— —N.1 i \ w k;.2 g if * ** 2422 Enterprise Drive * PION EER Mendota Heights,MN 55120 urtp suRVcrolts•avt�I�+rrwttRS 9+' �` eng neering PL.*NWRS•LA0:78CAKA*CHITECTS ** * 1612) 681-1914 * Certificate of Survey for: - >6' NocttN WESCoT T ROAD N 81•511/s. E • 140,6► io . I �,, a o I \\ • �. I 4 m . ....... ....... . .............. . ; -r • I BU1LpA8L E 1►REA X D 71 H \P.ii .16 g• , q w — J to I Do '�,V I J• r/ • A 30 \ i.•-, ,r `: INDKA'TES ADD'L•$t1It..AgBt E Ai2FA- 900.0 Denotes exisfin item/ion ERUDUSED Nousi ELEVATI_owY (Soo.oDDenotes props d Lie✓at.on _Denotes Dr,atna a (Ufilil,,1' Easement Lowest F/nor �Ievalion = Denotes Draino e Flow !arrows Top o1'Block Elevation = i 0 Denotes monument �orcle 076 E/evofion = 8 earincfs shown art assumed LOT Z5, BLOCK I WILLS OF STowEgRIoE DAKOTA COUNTY, MINNESOTA SUBJECT TD EASEMENTS orRtcUr'D I hertty eertlty thei thus survey. pien or report eves prepared by me er',nett•, my direct supenvisten arid thnt I Am fluty Rectitt•,ert Lend Surveyor tr w4er the Ism of the Stete of Minnesete.Dated this cloy of A13. 19 . SCaie : I;I,e' : 40 0 Agenda Information Memo September 7, 1993 City Council Meeting PRELIMINARY PLAT/WUTHERING HEIGHTS ADDITION E. Preliminary Plat,Wuthering Heights Addition/Mylo Mitzel, Consisting of Two Lots on Approximately One Previously-Zoned R-1 (Single-Family)Acre Located Along the West Side of Wuthering Heights Road, North of Silver Bell Road in the Southeast Quarter of Section 18--At its meeting of August 24, 1993, the Advisory Planning Commission considered the above-referenced preliminary plat consisting of two lots at the intersection of Wuthering Heights Road and Silver Bell Road. For additional information with respect to this item, please refer to the Co unity Development Department staff report which is enclosed on page/ through your review. Also enclosed on pages/4-"/through/Aare the Advisory Planning Commission minutes relative to this item. Please note that the APC is recommending approval subject to the conditions outlined in the minutes. The Advisory Parks, Recreation & Natural Resources Commission considered this item at their meeting of July 12, 1993. A copy of a memorandum covering the Commission's recommendation is enclosed on page for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for the Wuthering Heights Addition consisting of two lots on approximately one previously zoned R-1 acre located along the west side of Wuthering Heights Road as presented. ��D SUBJECT: PRELIMINARY PLAT (WUTHERING HEIGHTS ADDITION) APPLICANT: MYLO MITZEL LOCATION: SE 114 SECTION 18 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of two lots on approximately one acre of previously-zoned R-1 (Single Family) land along Wuthering Heights Road. The Comp-ehensive Land Use Guide Plan designates this site and the entire area between the Chicago Northwestern Railroad and State Highway 13 as Industrial. BACKGROUND: This application was denied unanimously by the Advisory Planning Commission at their June 22, 1993 meeting. Denial was recommended due to neighborhood opposition, the size of the proposed lots, and because the application does not conform with the Comprehensive Guide Plan. At the July 6, 1993 City Council meeting, the Councilmembers approved a motion to return the plat to the Advisory Planning Commission after revisions were made changing the plat from three lots to two lots. EXISTING CONDITIONS: The one acre parcel is located north of Silver Bell Road along Wuthering Heights Road, south of the Seneca Waste Water Treatment Plant, and west of the Silver Bell Apartments. The surrounding land uses are Single Family, Multi-Family, and Industrial. The applicant is proposing a division of the property into two lots. The existing 18,252 sq. ft. lot directly at the corner of Silver Bell Road and Wuthering Heights Road contains an existing single family home. The proposed lot to the north of the existing home is 21,850 sq. ft. The proposed lot is flat and grassy with five to ten mature trees. As proposed, both lots will meet R-1 standards of minimum lot size and minimum lot width of 85'. / 31 GRADING/DRAINAGE/EROSION CONTROL: The existing gravel street which is along the east property line of this two-lot subdivision has a gradual slope to the north. The drainage from the front yard area of the proposed lots shall be directed to the street and the drainage from the backyard area is shown to be directed to the north through a swale along the rear lot line. The drainage from the backyard area will cross the existing gravel driveway of the adjacent property to the north. The gravel street currently does not have a public storm sewer system to handle the surface water runoff. Drainage from the lots in this area generally slopes in a northerly direction by overland flow. The future upgrading of Wuthering Heights Road will require the construction of storm sewer to drain the area. A minimal amount of grading is necessary to prepare the lots for house construction. During the construction of the proposed houses, the building will be responsible for grading and restoration of the lots and providing erosion control. WATER QUALITY: This development is located in drainage basin A. Because the development is too small to accommodate on-site ponding and there are no recreational classified water bodies downstream, a cash dedication will be recommended to meet water quality requirements. The cash dedication for this development is estimated at approximately $450. Draining or filling of any wetlands is prohibited. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanita ry sewer and water main service of adequate depth and capacity is readily available to serve the proposed lots. An 8" sanitary sewer line and 6" water main was constructed in Wuthering Heights Road in the early 1980's. A 4" sanitary sewer and 1" water service was provided to the existing house on Lot 2 and to the proposed house on Lot 1. There is an existing hydrant across Wuthering Heights Road from Lot 1 that will provide adequate fire protection for this area. STREETS/ACCESS/CIRCULATION: Access to the proposed lots is currently available from Wuthering Heights Road, a privately maintained street that runs along the east edge of the development. Silver Bell Road, a bituminous street with B618 concrete curb and gutter, abuts the south edge of Lot 2. All driveways for this development shall have access to Wuthering Heights Road. The existing gravel roadway of Wuthering Heights Road does not meet City Code requirements for providing access to newly platted residential property. RIGHTS-OF-WAY/PERMITS/EASEMEN'T'S: This development shall dedicate all right-of- way and easements necessary for Wuthering Heights Road. A 25' wide half right-of-way is required for Wuthering Heights Road. Wuthering Heights Road is a privately maintained street located in a private easement. The Stevens Addition dedicated 25' of half right-of-way for Wuthering Heights Road with its final plat. The final platting of Wuthering Heights Addition will provide additional right-of- wy for Wuthering Heights Road. With this plat, approximately one-half of the right-of-way for Wuthering Heights Road will be dedicated. Also, a 15 foot wide drainage and utility easement shall be provided from the center of the existing 8" sanitary sewer line that runs along the north edge of Lot 1 to the south. There is an existing 30 foot wide drainage and utility easement along the north edge of Lot 1, and City records show that the 15 foot deep 8" sanitary sewer line is 25 foot from the north edge of Lot 1. The existing 8" line shall be field verified to determine the width of the easement. FINANCIAL OBLIGATION - WUTHERING HEIGHTS Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Arnamt Storm Sewer Trunk S.F. S.071 S.F. 40,104 S.F. 12,112 This parcel has levied assessments with an unpaid balance of $1,392. This unpaid balance will be allocated to the newly created parcels. 3 CONDITIONS OF PRELIMINARY PLAT FOR WUTHERING HEIGHTS ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bi, B2, B3, Cl, C2, C3, D1, El, Fl, G1, and H1 2. City Code requires the upgrade of Wuthering Heights Road to current City standards as a condition of final plat approval. 3. A 40' drainage and utility easement shall be dedicated over the north edge of Lot 1 to cover the existing 8" sanitary sewer line and 6" water main that are located along the north property line of proposed Lot 1. 4. A 2.5' wide half right-of-way is required for Wuthering Heights Road. / 5 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, r' identified or a combination thereof in accordance with the criteria de ntified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15. 1987 Revised: July 10, 1990 Revised: February 2, 1993 •LTS#5 STANDARD.CON . -_ ,. � s - - ') v \� 7a ir I I I \ 7 1 \ _ ` _ § S -0.I I gia , W J 1 j ... \ L�J W g • m / 1 10 .0 c\\ G — \ Z I w Z + V1 C4.1 I 1 _ ` , E �p .I, ■ �� d 19 W p li j i iIII - ' '_ Y U 0 0 Oc' a to 1 1 — - O. 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Scale: 1 inch = 50 feet a I c Owner: Patricia Beheba I Ol Purchaser after June 2, 1993: I • Q Mylo Mitzel 1 I . Developer: Mylo Mitzel ., , ; Contact person for Owner/Developer: n y Wally Hafstad \ i - Century 21 South Country Realty Cf - \, 1570 Century Point T �� Eagan, MN 55121 /04.30 Tel. 454-3410 Description: I v That part of Government Lot 7, Section ]8, T27, R23 • �I Dakota County, Minnesota described as follows: Commencing at the southwest corner of Gov't Lot 7, 2 Fr✓ Section 18, Township 27, Range 23, thence East along the south line of said Gov't Lot 7, 417.5 feet to the point p of beginning, thence North 417.5 feet, thence East 104.3 O Eyi�T�.✓G \^ feet; thence South 417.5 feet to the South line of said 'O ity UiCE 1� Government Lot 7, thence West 104.3 feet to the place of f TD h'�JSE'� �. r: beginning, according to the Government Survey thereof. -4, I 0 0 Area: Gross area = 43,545 square feet Lot 1 = 21,850 square feet /), n,966,7�i/7Liry, i Lot 2 = 18,252 square feet Road = 3,443 square feet 64 ,72 /7S ) / Existing Zoning: R-1 Single family residential _y _ .r- 30' /00.30 I Notes: 1. Area is served by city water and sanitary • serer. There is a service available for \ M ., Lot 1 nd the exiyting house on Lot 2. L J N /04,3,0 7 4// , 2. Road currently is an easement road and has a gravel service hitPrepared By: Delmar H. Schwanz Land Surveyors, Inc. _ 14750 South Robert Trail Rosemount, MN 55068 D E L M A R H. S C H WA N Z 423-1769 l.we.u,..,tr0.3 Me Orr...4W u..«l.w C,m Iwo-imommos Dated 05-15-93 14750 SOUTH ROeEAT TRAIL MOSEMOUNT,MINNESOTA SS088 812/42}1M9 . Revised 07-23-93 � j r S7 ju(A-r.t 7,-( • D.,.H.SCnw.nt •Mwnrol.Recife-Him,No 8525 i , • ik, . . 7, N N. ♦ .. .__. .0?;� �, i of �► 1 . c.,,�t`� .y ++ ,% IN GU , iI. L hR N c r L � i / ( A-b \\J/ ' F,� K � 9 /.[r a.+ ti / / ' ! -4" .- - • i,L - —0 la .7'r. • / ' f A-e \ ^ : V ��, �l •i\ j�a� � A-Dbb r/ \ 4 • SILVER 6-1 2 , \,\ Ilk.' .....\-. 6°'''-'''''' \/61 r, 9 /� ;48t '2nD A•n APT 796.6 'Z. A-hh, / 2' / �� A. k kLLAS • �/ _ :4. L O.,/ `''''/N. / by •!�t,'JLVf �2' l ff ,..p.-..L N 1 f},, �5 f A-gym '1-I /1,,T A \J _ I GAN 1..�i 'B/6,C,1 I. . V I, s,L "APT-36.- i , ; 1 �\ e 8.7: 3'�►�1 I �bii' 'A l''' J1I SITE \� �- _ ��P ° �Q 4 :. y �� , .a .1r'y !,:,� .803.6 y... i ,�, f ,„■.i f V�/. A:\Zr V J\5q ,A-k' a 1 ,� , �. } �,.• //r m. ,� car A P�T.)L:-∎9 '7s4T /� , �� \ \t►�� `'. I2' 1- %�� 1y i111f1 . I / !/ ': ' (c"<7 A', ' ci 7'-- /(1 S\Q\. 1 '_-,lc'v i ''''' S)( _-..`'.:■` ''''1,1 ltrii 1 .; c . \ l795 / r�� i�J(i� J) i JIii , \\\' I /B „ti ` -' �Q �/Y` i�t% l�l � rr��- � • FIGURE No. 17 STORM SEWER LAYOUT . . . MAP . . . . . CITY OF EAGAN • Preliminary Plat: MOTHERING MIGHT'S ADDITION FINANCIAL OBUGATION / LEGEND .......... Sto SeW2f Trunk // /oa.3o Eo ,poG; ;:4FQfo2Ar: 10 t` t , „,:::::•::::::::::::::::::::::::::::::,...,..,.._,,. Scale: 1 inch w 50 feet :::::" 7 IOwner: Patricia Beheba ..'•••:•••:-:•'•:•:•:•:•:•:•:•:•:•:•:•:•:•:•::.:• O . Purchaser after June 2, 1993: �•••••.•••.•••••.•.•.•••••'•••.•••••••.•'•••.'• Q• Mylo Mittel � 1•:•:•••••••••••••••••••••••••••••••••:•.•.•• • Developer: Mylo Mitzel cJ •••••••••••••:•:•:•:•:•:•:•:•:•:•:•:•:•:•:.•:• II t \I\ Contact person for Owner/Developer: n1 :•:••:•:.:.:•:•:•:•:•'.:•:•:•:•:•:•:•:•: ': Wally Hafstad • Century 21 South Country Realty Ch ..•:•.•. •..''•.•,••......•••••44,. I, 1570 Century Point •••••. •.'.•__.'.'. ;•'''• Q Eagan, MN 551-21 ,,W: :;:;::: ;;;: 3 Tel. 454-3410 :•:•:•:•:•:•:•}:•:•:•:•:•:•:•:•r:{• Description: ..................: ::: I ', That part of Government Lot 7, Section 18, T27, R23 ' i:.:: ::::.:...:. :::::::::::4::i •.•'•'•'•.•'•'•'•.•'• •Y}••• '9I Dakota County, Minnesota described as follows: • ••••:•:•:•••.•:•:•:•:•:•:•.•:• .. • Commencing at the southwest corner of Gov't Lot 7, )..•.•.•.•.•.•.•...•.•.•.•.•.•.•.•.•.•.•.•.•. j ..,,',Z...::•:.:-:.:•:•:•:•:.:•:.:.:.:•:•:•:1..•} E•O Section 18, Township 27, Range 23, thence East along the '� .. : south line of said Gov't Lot 7, 417.5 feet to the point "• •of beginning, thence North 417.5 feet, thence East l0t.3 , �£f5•%. ••:•:•:I A feet; thence South 417.5 feet to the South line of said )Ni ‘;:;:;: $. Goverment Lot 7, thence West 104.3 feet to the place of *)0•—. '}; ', beginning, according to the Goverment Survey thereof. 4::::::::::::::::::::::::::-:•:••••:::•:•:•:44? Area: Gross area w 43,545 square feet {j Lot 1 w 21,850 square feet {>:. ' P.7.•. j: � : Lot 2 w 18,252 square feet •}:A..... '••••:___:ffl..:.: Road w 3,443 square feet ••f..r 30 Existing Zoning: P-1 Single family residential ,.. : .......... . Notes: 1. Area is served by city water and sanitary I /04.30 I sever. There is a service available for \ T r w. w, Lot/�and Cthe exi ting house on Lot :?s -e,,, ,_ _ — J, 4/',/n c /04.30 v LJ 4/7.,o -- "\ ,' _ 'a77, 077 "" A fr.'-' /C 7, ,'./. '. //) . is 2. Road currently is an easement road and has • gravel service 1� Prepared By: Delmar H. Schwartz Land Surveyors, Inc. ,�� 14750 South Robert Trail Rosemount, POi 55068 DELMAR H. SCHWANZ 423-1769 i•„e p .. OW,OM C - 11%..••I 1wr l ww M l,w Ow,M■•••• • Dated 05-15-93 urSO SOUTH aOetaT SEWOUNT•MINNESOTA 550!4 •t2,42s 1n. • Revised 07-23-93 ijP0h,,,14 )1,! ;14:7-AA.ri/H( DWn.r N Schwan! MMw1..a1.4»N.,newn No MS .1 (--(1 ::) . ■ page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24, 1993 Wally Hafstad, a representative of the applicant, stated that the initial preliminary plat was redesigned for two lots, and there is no issue with respect to potential erosion. He further stated that sanitary sewer and water main service is presently stubbed into the property. He concluded that the applicant agrees to pay all necessary financial obligations. Member Merkley commented that the preliminary plat is an improvement to the previous plat presented but expressed concern that the Comprehensive Guide Plan calls for industrial use but residential uses are cor:':inually being approved for the area. He questioned as to whether the r:omprehensive Guide Plan will need to be changed from industrial to residential to continue to be compatible with the area. Miller moved, Isberg seconded, the motion to approve a Preliminary Plat consisting of two lots on approximately one previously zoned R-1 (Single Family) acre located along the west side of Wuthering Heights Road north of Silver Bell Road in the SE 1/4 of Section 18, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, 53, Cl, C2, C3, D1, El, Fl, G1 and Hi 2. City Code requires the upgrade of Wuthering Heights Road to current City standards as a condition of final plat approval. 3. A 40' drainage and utility easement shall be dedicated over the north edge of Lot 1 to cover the existing 5" sanitary sewer line and 6" water main that are located along the north property line of proposed Lot 1. 4. A 25' wide half right-of-way is required for Wuthering Heights Road. Miller, Heyl, Isberg, Hoeft, Voracek voted in favor; Merkley voted against. Passed 5-1. Member Gorman arrived at the meeting at this time. R-95% 612 432 3780 08-26-93 10: 56Am P003 #50 EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24, 1993 WITHERING HEIGHTS RDDITION MILD NITZBL Chairman Voracek opened the first public hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately one previously zoned R-1 (Single Family) acre located along the west side of Wuthering Heights Road north of Silver Bell Road in the SE 1/4 of Section 18. City Planner Sturm stated that a preliminary plat was denied unanimously by the Advisory Planning Commission at the July 22, 1993, meeting due to the size of the proposed three lots and the nonconformity with the Comprehensive Guide Plan. He stated that the City Council at the July 6, 1993, meeting approved a motion to return the plat to the Advisory Planning Commission after revisions were made Changing the plat from three lots to two lots. City Planner Sturm further stated that a single-family home currently exists on the lot directly on the corner of Silver Bell Road and Wuthering Heights Road. The proposed lot to the north is flat and grassy with five to ten mature trees and as proposed both lots meet City Code lot size and lot width requirements. R-95% 612 432 3780 08-26-93 10: 56AM P002 3250 MEMO — city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 13, 1993 RE: WUTHERING HEIGHTS ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their July 12, 1993 meeting and make the following recommendations to the City Council relative to Wuthering Heights Addition. 1. Newly created lot would be subject to a cash parks dedication. 2. Newly created lot would be subject to a cash trails dedication. 3. Cash dedication for water quality would be based only on the two undeveloped lots. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician L3 I Agenda Information Memo September 7, 1993 City Council Meeting REZONING/PRELIMINARY PLAT/AUTUMN RIDGE 4TH ADDITION F. Rezoning,Autumn Ridge 4th Addition/James Development,of Approximately 5.1 Acres from AG (Agricultural) to R-1 (Single Family) and a Preliminary Plat Consisting of 13 Lots on Approximately 5.4 Acres Located Along the East Side of Dodd Road, South of Golden Meadow Road in the Northwest Quarter of Section 25--At its meeting of August 24, 1993, the Advisory Planning Commission considered the above-referenced applications for Autumn Ridge 4th Addition. For additional information with respect to the application, please refe.to the o unity Development Department staff report which is enclosed on pages/ through or your review. It should be noted at the time the original Autumn Ridge subdivision were platted, it was conditioned upon the eventual connection of Crimson Leaf Trail to Dodd Road. Due to the size of the phased development, it was anticipated that the area would need multiple access points to the collector street system. These include the Hackmore Drive connection which is currently in place, the Hawthorne Woods Drive connection to Diffley Road which is being constructed, Crimson Leaf Trail and 1 Tofty Lane which was terminated in the cul-de-sac as part of the St. Thomas Becket Church Addition. Also enclosed on pages / (through e the APC minutes relative to this item. The APC is recommending approval. At the Planning Commission meeting, a number of residents were present who submitted a petition opposing the extensif Cri on Leaf Trail to Dodd Rod. copy of that petition is enclosed on pages h Also PY P P g lt�m g enclosed on page 1(Z is a letter from Gary and Bietta Doerfler, adjacent property owners relative to the plat. e application was also considered by the Advisory Parks, Recreation and Natural Resources Commission at its meeting of August 5. A copy o memo covering the Commission's recommendations in this regard is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning for Autumn Ridge 4th Addition/James Development of approximately 5.1 acres from AG (Agricultural) to R-1 (Single-Family) and 2) a preliminary plat consisting of 13 lots on approximately 5.4 acres located along the east side of Dodd Road, south of Golden Meadow Road as presented. / T SUBJECT: REZONING & PRELIMINARY FIAT (AUTUMN RIDGE 4TH ADDITION) APPLICANT: JAMES DEVELOPMENT COMPANY LOCATION: NW QUARTER SECTION 25 EXISTING ZONING: (AG) AGRICULTURAL DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 18, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 5.1 acres from AG to R-1 (Single Family) and a Preliminary Plat consisting of 13 lots on approximately 5.4 acres located along the east side of Dodd Road, south of Pinewood Elementary School. The proposed plat includes 5.1 acres of previously unplatted AG property and the approximately 12,000 sq. ft. Outlot C, Autumn Ridge Addition. The proposed Rezoning is consistent with the existing Comprehensive Land Use Guide Plan designation of D-II (Mixed Residential, 0-6 units/acre) density. BACKGROUND: This item was continued at the July 27, 1993 Advisory Planning Commission meeting due to an error in the legal notice published. Autumn Ridge Addition was platted in 1990 and included the 12000 sq. ft. outlot at the west end of Crimson Leaf Trail where a cul-de-sac was built. The developer intended to acquire property to the west to provide a second outlet to Dodd Road, however, the property owner was unwilling to sell until earlier this year. Meanwhile, Autumn Ridge 2nd and 3rd Additions were allowed to plat because an additional access was being provided to Diffley Road via Hawthorne Woods Drive. The three platted Autumn Ridge Additions contain 96 lots. EXISTING CONDITIONS: The site contains an existing house and shed. The shed will be removed and the home will remain on Lot 2, Block 1, Autumn Ridge 4th Addition. There is significant tree growth along the south, east and a portion of the north property lines. The preliminary grading plan shows the perimeter tree masses will be undisturbed except for a portion along the east property line. There is also a large group of mature pine trees in the middle of the site; a majority of which will be lost through grading for the street and house pads. /Le C COAEIIENTS: The site plan calls for lots on either side of the extended Crimson Leaf Trail that will intersect with Dodd Road. The lots range in size from 12,718 sq. ft. to 19,095 sq. ft. with an average lot size of 14,308 sq. ft. The density is 2.4 units/acre. All lots exceed the R-1 (Single Family) minimum lot width of 85' and minimum lot size requirement of 12,000 sq. ft. ACCESS: The City and Developer have anticipated a second access to Dodd Road since the initial Autumn Ridge plat. Access constraints for the Autumn Ridge and Hawthorne Woods developments include State Highway 3 on the east and undeveloped AG and church property to the south. When all phases of Autumn Ridge and Hawthorne Woods are completed, there will be over 250 lots which makes a third access/outlet desirable. The southerly connection to Dodd Road is suitable to the existing topography and the proposed site layout. PARKS & RECREATION: Parks and Recreation staff will be recommending a cash parkland and cash trails dedication to the Advisory Parks, Recreation, and Natural Resources Commission at its August 1993 meeting. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted with this application proposes fills of 6 feet and cuts of 2 feet. The majority of the fill areas are in the front yards and the street areas of the proposed development. The developer proposes to match the grades in the backyard areas. As shown on the preliminary grading plan, the row of trees along the south, north and east property lines of the site are to be saved. The pine trees and maple trees in the center of the site are shown to be removed to prepare the area for the street and house construction. The existing house will remain on Lot 2 of Block 1. The existing well and septic system for the existing house shall be removed and capped according to City and County requirements. The existing shed on Lot 3 of Block 1 shall also be removed. The development proposes to drain approximately 450 feet of street runoff to the east to the existing catch basins at the east property line of this site. The existing storm sewer in Crimson Leaf Trail has capacity for this area to drain to it. The existing storm sewer drains easterly and then southerly to Pond LP-48 which is a pond in the City's Comprehensive Stormwater Management Plan. The low point in the street of Crimson Leaf Trail at the east property line of this site shall have an emergency overland outlet provided to it. The high point of the outlet shall be 18" or lower above the low point of the street. The elevation of the high point shall be at elevation 943 or lower. The property to the north of this development contains a landlocked low area. The low area has a drain tile that drains the low area to the north. However, the drain tile is not functioning properly. The low area contains many trees and there is approximately 3 feet of standing water in this low area. According to the preliminary grading plan, houses on Lots 4, 5 & 6 will have walk-out basements that back up to the landlocked low area. A permanent storm sewer outlet shall be provided for the low area that abuts this development to the north on Parcel 042-30. The houses that abut the low area shall have a 3-foot freeboard above the high water level. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. WATER QUALITY & WETLANDS: This development lies in drainage basin L. Stormwater from the eastern portion of the site is proposed to drain to Pond LP-48, an emergent dominated wetland classified as scenic recreational. Stormwater from the western portion of the site will drain to Dodd Road and eventually to Pond LP-64, a nutrient basin. Because there is not adequate room on the site for ponding, staff will recommend a cash dedication in lieu of ponding. The cash dedication amount is estimated to be approximately $4,000 and does not include the lot on which an existing house already stands. /4 7 No wetlands exist on the site, but there is a wetland that lies just off the northern boundary of the site which the developer will be required to protect from filling due to construction site erosion. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available to serve this site from an 8" line to the east in Crimson Leaf Trail. An 18" sanitary sewer line is also available in Dodd Road, but since this line is 37 feet deep, the developer has chosen not to connect to this line. As shown on the preliminary utility plan, the sanitary sewer to serve this site is shown to drain to the east to the existing 8" line in the Autumn Ridge development. Water main of sufficient size, pressure and capacity is readily available to serve this site from an existing 6" water main to the east in Crimson Leaf Trail or from an existing 16" water main to the west in Dodd Road. The preliminary utility plan shows extending the 6" line through this site from Dodd Road to the Autumn Ridge development. Sanitary sewer and water services shall be stubbed to the existing house on Lot 2 of Block 1. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from Dodd Road to the west and Crimson Leaf Trail to the east. Crimson Leaf Trail is a 32-foot wide face-to-face street with mountable concrete curb and gutter. A cul- de-sac with mountable concrete curb and gutter was constructed on the west end of Crimson Leaf Trail in the Autumn Ridge development. Proposed Lot 7 of Block 1 was platted as an outlot with the Autumn Ridge development to provide room for the cul-de-sac. Dodd Road is a 33-foot wide face-to-face street with bituminous curb. The City's 1993 5-Year CIP shows that Dodd Road from Diffley Road to Cliff Road will be reconstructed in 1994. The extension of Crimson Leaf Trail from the Autumn Ridge development to Dodd Road will provide another access for the residents of Autumn Ridge and Hawthorne Woods. The existing homes in the Autumn Ridge and Hawthorne Woods developments currently have an access to Dodd Road from Hackmore Drive as it loops along the north side of Pinewood Elementary School. The Hawthorne Woods development is proposing a second access out to Diffley Road through Hawthorne Woods Drive in the Hawthorne Woods 2nd Addition. The extension of Crimson Leaf Trail to Dodd Road through this development would provide a third access for this area. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate 60-foot right- of-way for Crimson Leaf Trail and vacate the existing right-of-way easement for the existing cul-de-sac at the westerly end of Crimson Leaf Trail. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC. MNDept of Health, etc.) are acquired prior to final plat approval. ( (—( 1 FINANCIAL OBLIGATION - Autumn Ridge 4th Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. $.071/sq ft 104,933 sq ft 7 4 The parcels proposed for platting into Autumn Ridge 4th have levied assessments with an unpaid balance of $8,521. There are no pending assessments on these properties at the present. C49 CONDITIONS OF PRELIMINARY PLAT FOR AUTUMN RIDGE 4TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, D1, El, Fl, Gi, and H1 2. All tree massings riot to be disturbed with grading shall be enclosed within a snow fence or other suitable material prior to any grading on site. 3. Demolition or moving permits shall be obtained by the developer for the removal of the existing shed. 3. The public right-of-way easement at the westerly end of Crimson Leaf Trail is required to be vacated in conjunction with the platting of this development. 4. An emergency overland outlet shall be provided from the low point of Crimson Leaf Trail with a maximum high point elevation of 943.0. 5. A storm sewer outlet shall be provided from the landlocked low area on Parcel 042- 30. 6. The houses that back up to the landlocked low area on Parcel 042-30 shall have a a- foot freeboard above the high water level of the low area. 7. The existing well and septic systems on this site shall be abandoned and capped according to City and County requirements. 8. Water main shall be looped from the existing 16" line on Dodd Road to the existing 6" line on Crimson Leaf Trail. 9. Sanitary sewer and water services shall be provided to the existing house on Lot 2 of Block 1. 10. This development shall dedicate 60 feet of right-of-way for Crimson Leaf Trail. 11. The development is responsible for removing the cul-de-sac constructed at the westerly end of Crimson Leaf Trail. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries: of this plat as necessary to service or accommodate this developm. 3. This dev€ pment shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. S- ( 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. 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LP,49`' �„1' - 90801 LP-30 ' k 908.3 LP-3• 670.5"�.. 67 99Q0`.' ,-• � 9114 � r-, 9/0,61 862.0 887.0 *'� 9/3.0 864.5 880.0 LP-33:1 n� '. - �lLh 92/0- P- 9 j �, -r,n 4s 9 / 1 �h �i,:, -, 897.5 ,., �', �, 1�. � 12. CLIFF RD. - LP-4-5 ,_r g! t.9 `` 1 ,'P-287""' r 1 BB2.5 'r\\Y©' - f-.1 910.7 �, 7 ■ I,_ 9/5.5 v n 12_y.. �1 ` �/ i� FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN112RjII N MwL 1 ; I N ' �' I I O 12 I / IV : . . I • t 17:P 1 i r- L. , L- , , 1 : L Via" . i - ,' _, i y f�- • _ , ,,,T� RUTH. AUDITOR'S SUED. N0.4 �„9 41 - -E N ��1 CHURCH i i :- -iii■p�.�C= =T S T pi , - r■ 1 4' • wiillil%.�law 'a - ■ C - L L• �y, .. �...4.44.1.11 c ■ F '� * ' Maibi?Fl it - - I �. ,• iiial% `Ilia LAKESIDE PARK,Ill i SCHWAt1 �- .1,11A PAR Z 1 low 2 11020,11111! \ , s POND *LI - -' 'A(a w�i -;0.....40., Pil1 . Cip,__ l/ le � `i � ■ SITE OAK -� ow twitpii-.1� 12" C - E E CLIFF RD. II MN) 1 -, II:I , (.1( i\gle,i t 5111 • FIG. NO. 7 • SANITARY SEWER TRUNK LAYOUT CITY OF • E ICC-I& _ N y1{t 42.7/6 .0 ��)� }�-�{ p..0.. / (, r arV/D '� ` �� 74t .L'OW v i ---r� j - r __ 0 ,.,;i,��, i ; 39.0/56C i0 0L 4'1ri., - j 20 j��,2d" l j' .1020 C187� (0)6,tl a' 32 1 r " 6)64".C) 1 j'``'" 31/ 188 45.0/62.0 _f 1 }}ll r F -0 �CH, ,, „ 272 iTU,. (f0 M0 a7 1_r •.,,1 .1 i',}}-�� 1 r �1 -fit - 7 C 5■t4. T is. 7e.7/ia o ./ I2sf,J4,i - 1 1�.7(/il j[d;■ • f1 4 �b�F IB9 71.9/95.0— ;III:'°r�(." ,:tArt 01. i--7-?iu ,ter, .1 4PEl n 7 -- / _ ,,, • ' \,-.\0-\-",:-.17.. '1',14 - r / 1 It 4- - SITE CH lL4c LAJCE ti" L r7 - 1 � 159.4,8 0 pie.`' PAFtH ryr� `5/9 ..I I 199 I1'i,lf(1:'j ti ' i t' ear -i P0�� 2?- GCi,9•'`, �►` � 18„ ,.- �\ _-+_ +ul "Mr "rim i K ' , 1 l 8L? } I ` I;Aril! ` / I j ,N ) 1 'tj) ( 1 j),_ . i'-. -1-*Aii$47',4 - e' r Ira" . --I-\)) Yi� ,� i s,y -1,',, 'ern/:2, r< "1 I'.'� v 16:3/c5.0 .� f �r 1]t1...�,`' �'�,';T1I rl \ \`', / - ,\ 1_y (�� _�-s-�= Imo- �� { t Ie _ ;-� ; CLIFF RD. , :.4k�L' �, i KE 121• —� . j----1,. ft 4- � 11 ` �� 1 Jk4t1. FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGAMJ � Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 AUTUMN RIDGE 4TH ADDITION - JAMES DEVELOPMENT Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 5. 1 acres from AG (Agr;cultural) to R-i (Single Family) and a preliminary Plat consisting of 13 lots on approximately 5. 4 acres located along the east side of Dodd Road, south of Golden Meadow Road in the NW 1/4 of Section 25 . City Planner Sturm stated that the preliminary plat proposed to extend Crimson Leaf Trail easterly from an existing temporary cul-de-sac to Dodd Road. He explained that since the Autumn Ridge First Addition, the City and developer have anticipated a second access to Dodd Road by extending Crimson Leaf Trail from the cul-de-sac. He further explained that after all phases of Autumn Ridge and Hawthorne Woods developments are completed, there will be 250 lots which makes a third access/outlet at Crimson Leaf Trail and Dodd Road necessary. Jim Ostenson, a representative of the applicant, stated that extending Crimson Leaf Trail from the existing cul-de-sac to Dodd Road has been the intent of the City and developer since the beginning of the phase development of the Autumn Ridge additions. He explained that the cul-de-sac was constructed for temporary purposes , anticipating future access to Dodd Road. John Chapdelaine, 660 Crimson Leaf Trail, noted he was the spokespersor for a number of residents along Crimson Leaf Trail east of the cul-dt -sac. He stated that the residents do not oppose the development, rather they oppose the removal of the cul-de-sac and extending Crimson Leaf Trail to Dodd Road. Mr. Chapdelaine cited safety concerns for the children and the resident path users if Crimson Leaf is extended to Dodd Road. He felt the street will become a major traveled street, especially truck traffic, that the extension will create hic, -speed traffic through their neighborhood and the extension wi. eate a dangerous intersection at Dodd Road. He proposed two ,I.._c:rnatives: 1) install a cul-de-sac at the end of the new Crimson Leaf Trail at Dodd Road or 2) install back to back cul-de-sacs for the two developments. Mr. Chapdelaine also stated that many of the residents had no knowledge that the cul-de-sac was a temporary cul-de-sac. He believed the two existing access/outlets for the area was adequate. Finally, he expressed concern over property values if the cul-de-sac is removed. ( C12 ( Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 Quinn, 64 Crimson Leaf Trail, presented to the Advisory Tracy . P Y Planning Commission a petition signed by a number of Autumn Ridge Addition area residents. Ms. Quinn noted that 27 residents who signed the petition stated that they were not aware of the possibility of Crimson Leaf Trail being extended to Dodd Road when the resident bought his/her property. She concurred with Mr. Chapdelaine's comments regarding children safety in the area. Shirley Schramm, 4370 Dodd Road, noting she is a resident north of the project, expressed concern that locating the proposed lots next to bigger lots may devalue the larger properties. She felt that "construction [ in Eagan) is out-of-control" and locating many homes within a small area will contribute to a high crime rate. She also expressed concern regarding a pond in back of her property, characterizing it as an "attractive nuisance. " She felt that the development of the area around the pond increases the number of kids playing in or around the pond and consequently increasing the risk of injury to a child. She concluded that the development of Autumn Ridge 4th Addition will result in vast tree removal and a traffic hazard. Assistant City Engineer Foertsch stated, in response to Chairman Voracek's question, that Crimson Leaf Trail will be a 30 mph speed zone and any complaints of excessive speed in the area will be handled by the Eagan Police Department. He also explained, in response to Member Miller's question, that the developer was required to install concrete curb around the temporary cul-de-sac because there was no indication as to when Autumn Ridge 4th Addition would be completed. Foertsch noted, however, that it was always the intention of the developer and the City to extend Crimson Leaf Trail to Dodd Road because of the need for that access. Mr. Ostenson stated that his company informed every buyer to whom they sold a lot that the cul-de-sac was temporary and would eventually go through to Dodd Road. Mary Kay Bundy, 651 Crimson Leaf Trail , responded she did not buy her property from James Development and was told by the seller that it was a permanent cul-de-sac. Ms. Bundy, however, did not contact the City to inquire of the permanency of the cul-de-sac. Linda Morgan, 644 Crimson Leaf Trail, stated she specifically asked a City employee and was specifically told that the cul-de-sac was indeed a cul-de-sac and would stay that way. Jane Kackman, 663 Crimson Leaf Trail , also stated that she had no knowledge that the cul-de-sac was permanent. Lo 3-- • Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 Gordon Schramm, 4370 Dodd Road, expressed concern that six lots will adjoin his one lot. Mr. Schramm also questioned whether the pond in the back of his property has any level control. Assistant City Engineer Foertsch responded that the pond currently has no outlet but that condition #5 and #6 protect against high water level on Mr. Schramm' s property. More discussion ensued from the residents with respect to their knowledge , or lack thereof, as to whether the cul-de-sac was permanent. Member Miller stated that the safety of all children, not only those on Crimson Leaf Trail , must be considered. He noted that the children living on Hackmore Road would be at the same risk, if not more, as the children on Crimson Leaf Trail if Crimson Leaf Trail is not extended through the proposed plat to Dodd Road. Miller moved, Mer -:_ ey seconded, the motion to approve a Rezoning of approximately 5. 1 acres from AG (Agricultural) to R-1 (Single Family) located along the east side of Dodd Road, south of Golden Meadow Road in the NW 1/4 of Section 25. All present voted in favor. Miller moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of 13 lots on approximate] ; 5 . 4 acres located along the east side of Dodd Road, south of Golden Meadow Road in the NW 1/4 of Section 25, subject to the following c: ditions: 1 . These standard conditions of plat approval as adopted by Council action on February 2 , 1993 shall be complied with: Al , Bl , B2 , 53 , B4 , Cl, C2 , D1 , LI , Fl, G1 and H1 2 . All tree marsings not to be disturbed with grading shall be enclosed within a snow fence or other suitable material prior to any grading on site. 3 . Demolition or moving permits shall be obtained by the developer for the removal of the existing shed. 4 . The public right-of-way easement at the westerly end of Crimson Leaf Trail is required to be vacated in conjunction with the platting of this development. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 5. An emergency overland outlet shall be provided from the low point of Crimson Leaf Trail with a maximum high point elevation of 943 . 0. 6. A storm sewer outlet shall be provided from the landlocked low area on Parcel 042-30. 7 . The houses that back up to the landlocked low area on Parcel 042-30 shall have a 3-foot freeboard above the high water level of the low area . 8 . The existing well and septic systems on this site shall be abandoned and capped according to City and County requirements. 9 . Water main shall be looped from the existing 16" line on Dodd Road to the existing 6" line on Crimson Leaf Trail . 10 . Sanitary sewer and water services shall be provided to the existing house on Lot 2 of Block 1. 11 . This development shall dedicate 60 feet of right-of-way for Crimson Leaf Trail . 12 . The development is responsible for removing the cul-de-sac constructed at the westerly end of Crimson Leaf Trail . All present voted in favor. l v v CRIMSON LEAF TRAIL EXTENSION PETITION James Development has proposed extending Crimson Leaf Trail through to Dodd Road. We, the residents on Crimson Leaf Trail, are opposed to the road being extended. The residents will not object to the development of the land from some other access. � Were you aware of / the road extension i possibility when you purchfased? 1. c�k 4 6,-.,,,,k (of Ail __... - 7,/(A-AS—A-1 j '--)12- / 1' )1 3 . '/k_ a-G+Cl CA/- - t,t.li).3 VL,{AA.S Itit^G . LJ e % /7 1 / // , ''' ;G( ///' , / 4. - ' . ,7/& 'il f.,214.4' _/in-4.16,7 Z47(7,--0// 0 ...„7 _ //7/5. ./�/ C�e i�� Cp;I c./u..�s.o-t_ eZ° ./✓vlti✓( o r 5. `" AC" L 5105 C n ",44l�,rJ, ___ 8. S%Kx_Iti—N �- �w 019.._ (c C!'t`M (--,ea?` 1 . Q.-)O 9. 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A 3 - ' (4 Ssi-- z,_, ,_„5,1/4, „„.1_\-?... /I _ /- ' , 1v/ (fC l LJJ , 7.77 7L 6:1- (Let LZXdt zzic-u-r&Pa. cu_co- cf..) 4 a). eoz,--4.eA oex 4.)ce--07 LArez.,/-ed h-e 2-77-7` cd_90 cc.rA L`Lait -6A-V - ci) co--)c-6;balar)(Ct.2,-7±Act.41- c-LeL)eiccri--)-e.-)zto 7/. ‘-k! (-Cr Gt_, L. (/ dr) tc) c?- zcz- L-11'f 0-)9(21c-fra,(-6 ct://Lcf) ca( cr) cLD- ___L_/1(1 (/ c -a ca`,721 , dc ) e, . )o_ci cec,4_,A flccf Ct/7 Le'a (,,bccfci e e i•-)f 611-5f; CO(&-k__ 6-71c-c‘ C6.a_ cic-CciainEy-)4 rtt-714,1 LiAct-rc.c_ c5-aA p4c57C) Tfl, cLQ_ cu-S az) /i < • , 1)cco c-c) .0`r1 MEMO _city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR 1�_FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION Yr DATE: AUGUST 6, 1993 RE: AUTUMN RIDGE 4TH ADDITION - JAMES DEVELOPMENT The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their August 5, 1993 meeting and make the following recommendations to the City Council regarding Autumn Ridge 4th Addition: 1. The plat would be responsible for a cash parks dedication for 12 lots. 2. The plat would be responsible for a cash trails dedication for 12 lots. 3. The City of Eagan Tree Preservation Guidelines would need to be followed requiring that significant trees be identified on the grading plan. 4. This plat would be subject to a cash water quality dedication. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Mike Foertsch, Assistant City Engineer I CA Agenda Information Memo September 7, 1993 City Council Meeting REZONING/PRELIMINARY PLAT/STONEBRIDGE PONDS ADDITION G. Rezoning, Stonebridge Ponds Addition/Heritage Development,of Approximately 8.2 AG (Agricultural) Acres to R-1 (Single Family), and a Preliminary Plat Consisting of 13 Lots Located at the Northwest Intersection of Dodd and Diffley Roads in the Southwest Quarter of Section 24--At its meeting of August 24, 1993, the Advisory Planning Commission considered the above-referenced applications for rezoning and a preliminary plat relative to Stonebridge Ponds Addition. For additional information with respect to this application, please refer to the C po unity Development Department staff re which is osed on pages f through or your review. Also enclosed on pages throughIY7are the APC minutes relative to this item. Please note that the APC is recommending approval with a modification to Condition #2. The Advisory Parks, Recreation& Natural Resources Commission reviewed this subdivision at their meeting of July 12, 1993. A memorandum cng the recommendation of the Commission relative to this item is enclosed on page or your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning of 8.24 acres from A (Agricultural) to R-1 (Single Family) and 2) a preliminary plat for Stonebridge Ponds Addition/Heritage Development of 13 lots located at the northwest intersection of Dodd Road and Diffley Road. • LecA SUBJECT: REZONING & PRELIMINARY PLAT (STONE BRIDGE PONDS) APPLICANT: HERITAGE DEVELOPMENT LOCATION: SW 1/4 OF SECTION 24 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 8.24 acres from A (Agricultural) to R-1 (Single Family) and a Preliminary Plat of 13 lots located at the NW intersection of Dodd Road and Diffley Road in the SW 1/4 of Section 24. BACKGROUND: This project was originally scheduled for the June 1993 Advisory Planning Commission meeting consisting of 16 lots on 9.1 acres. As Dakota County retained ownership of the excess right-of-way, the applicant asked for a continuance to revise the plans. The current proposal has 13 lots and one outlot. The developer is currently in the process of purchasing the excess right-of-way and will combine it to the outlot to create the remaining three lots as part of a future second addition to this plat. EXISTING CONDITIONS: The 8.24 acre site is located south of Hills of Stonebridge 3rd Addition zoned PD/R-1,west of Dodd Road and Agriculturally-zoned property east of Dodd Road, north of Diffley Road and Praise Lutheran and Eagan Alliance Churches zoned PF (Public Facilities), and east of Agriculturally-zoned property. The Land Use Guide Plan designates this area as D-II Mixed Residential (0-6 units/acre). As proposed, the density for the proposed development is 2.02 units/acre and is consistent with the Land Use Guide Plan. The site itself slopes downward from east to west. On the extreme west portion of the site is Pond JP-27 and a proposed water quality pond. There are many mature trees located near these ponds. SITE PLAN/PROPOSAL: Access to the site is from Dodd Road and the lots are served by two cul-de-sacs. The longest cul-de-sac is 660' in length; as such it exceeds the maximum 500' length and will require a Variance of 160' approved with the plat. The lots range in size from 12,000 sq. ft. to 60,025 sq. ft. The average lot size is 21,530 sq. ft. Setbacks from Dodd Road are 40' and the minimum building setback from County Road 30 (Diff ley Road) is 50'. No driveway access to Dodd Road shall be allowed for Lot 1, Block 1. The applicant submitted a landscape plan after staff discussion regarding buffering along Dodd and Diffley Roads. The landscape plans shows a good mixture of overstory and understory vegetation. PARKS & RECREATION: At their July 12, 1993 meeting the Advisory Parks, Recreation Resources Department reviewed this proposed plat and made the following recommendations: The proposal will be subject to a cash parks and cash trails dedication. ° On-site ponding to treat all impervious area runoff from the site will be required to meet water quality treatment requirements and the pond design will need to be approved by City staff. No filling or draining of any wetlands on the site is permitted. • 1 GRADING/DRAINAGE/EROSION CONTROL: The existing site slopes to the west from Dodd Road to Pond JP-27. Portions of the site have been used for agricultural purposes and the east edge of Pond JP-27 is heavily wooded. The preliminary grading plan submitted with this application shows cuts of 12 feet in the southeast corner of the site and fills of 10 feet along the west edge of the site. The development will be required to provide a 30 foot vegetative buffer strip along the east edge of Pond JP-27. The final grading plan shall include berming along Diffley Road to help screen the houses from County Road 30. The drainage from this site will be conveyed by a storm sewer system to a new water quality pond that the developer will create on the west edge of this site. The pond will have a 12" storm sewer outlet with a maximum discharge rate of 3 cfs that will drain the runoff into Pond JP-27 which is a designated pond on the City's Comprehensive Storm Water Management Plan. This development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Erosion control measures will be needed in the back yards of Lots 8, 9, 10 and 11 to prevent sediments from eroding into the new water quality pond and Pond JP-27. WATER QUALITY: This development is located in drainage basin J. While there are no recreational classified waterbodies located immediately downstream, runoff from this site will eventually reach Fish Lake. On-site ponding to meet water quality standards is both desirable and feasible. This development will be required to treat runoff from all impervious areas on this site. The water quality pond shall have a surface area of 0.3 acres, and the wet volume of the pond shall be 0.9 acre-feet. The design of the treatment pond must be approved by City staff. If the water quality pond is provided to this size, then the water quality treatment obligations of the future platting of Outlot A will be met. No wetlands delineation or impact assessment has yet been submitted to City staff, though there is at least one wetland on the site. This information must be submitted to City staff no later than Wednesday, August 25, if the development proposal is to be reviewed at the September 2 meeting of the Advisory Parks, Recreation, and Natural Resources Commission. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is available to serve this site from an existing 8"sanitary sewer line that is located 200 feet north of this development. An 8" sanitary sewer line will need to be extended southerly along Dodd Road adjacent to parcel 020-56 to serve this site. The sanitary sewer line shall be designed to be deep enough to also serve the properties along the east side of Dodd Road. ( —7c) Watermain of sufficient size, capacity and pressure currently exists in Diffley Road and in Dodd Road 200 feet north of this site. According to the City's Comprehensive Water Distribution System Plan a 12" trunk watermain needs to be extended on Dodd Road from Diffley Road to the north 650 feet to an existing 12" watermain. This development can petition the City to construct the 12" trunk watermain on Dodd Road prior to final plat approval or the developer can install the watermain privately with the other utilities in this development. The preliminary utility plan shows the extension of an 8" sanitary sewer and a 6"watermain from Dodd Road through the proposed streets to serve the 13 lots of this development. The utility layout shall include a 6" watermain extension from the southwest cul-de-sac to an existing 6" watermain stub in Diffley Road in between Lots 11 and 12. This watermain extension is required for fire protection and looping of the watermain system. The construction of the sanitary sewer and watermain in the proposed street shall include sewer and water services for the future lots of Outlot A. STREETS/ACCESS/CIRCULATION: All 13 of the proposed lots will be served by a proposed street system with two cul-de-sacs. The cul-de-sac which extends into the northwest corner of the site will be 700 feet long from Dodd Road. The intersection of the proposed street from this development to Dodd Road is shown to be located 400 feet north of Diffley Road. No driveway accesses will be allowed to connect to Dodd Road or Diffley Road. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat of this development shall dedicate restricted access along Diffley Road, Dakota County Road 30. The final plat shall dedicate a ponding easement over Pond JP-27 and the proposed water quality pond up to 3 feet above the high water level of these ponds. This development shall be responsible for dedicating or acquiring the necessary easements for the construction of the sanitary sewer and watermain along Dodd Road from Diffley Road to the connection of the existing lines 200 feet north of this site. The development shall be responsible for ensuring that all regulatory agency permits (MPCA. MWCC, Mn. Dept. of Health, Dakota County Highway Dept., etc.) are obtained prior to final °gat approval. ( � 3 FINANCIAL OBLIGATION - STONEBRIDGE PONDS Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. $740/lot 13 Lots $ 9,620 Lateral Benefit Water S.F. $15.80/F.F. 700.5 F.F. 11.068 Total 2 6 8 The parcel proposed for platting has levied assessments with unpaid balances totalling $12,175. The parcel also has a pending assessment in the amount of$12,467 for Project 607, Diffley Road upgrade. The existing assessments and any subsequent assessments levied under project 607 will be allocated to the new lots created by the plot. I � CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR STONE BRIDGE PONDS 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, Fl, 01, and H1 2. No driveway access onto Dodd Road from Lots 1 and 16, Block 1. 3. A Variance of 160' shall be approved as a part of this plat approval. 4. The development will be required to provide a 30 foot vegetative buffer strip along the east edge of Pond JP-27. 5. The developer is required to extend the 8"sanitary sewer and 12"trunk watermain in Dodd Road from the existing stubs located 200' north of the site to Diffley Road to serve this site. 6. The utility layout shall include a 6" watermain extension for fire protection and looping purposes from the southwest cul-de-sac to the existing 6" watermain stub in Diffley Road. 7. The development will be responsible for acquiring the necessary easements for the construction of the sanitary sewer and watermain along Dodd Road from Diffley Road to the connection of the existing lines 200' north of this site. 8. The new water quality pond shall have a 12" storm sewer outlet with a maximum discharge rate of 3 cfs that will drain into Pond JP-27. 9. No driveway accesses will be allowed to connect to Dodd Road or Diffley Road. 10. The water quality pond shall have a surface area at the NWL of 0.3 acres and a wet pond volume of 0.9 acre feet. 11. Sanitary sewer and water services shall be provided to the future lots of Outlot A. r- STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, pending, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 _ September 15. 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS'5 STANDARD CON Li 1 Stonebridge Ponds �' otinOl �ro 1 �- F�E A.62 .�' :ii r A5, RC i , \■ �03_y. c9 f BC,R� ,,� l .v §A RW,r 4�.' ��`'l i 4H e ly l 0 o uU LOCATION .S„. 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Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 STONEBRIDGE PONDS ADDITION - HERITAGE DEVELOPMENT Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 8. 2 AG (Agricultural) acres to R-1 (Single Family) and a Preliminary Plat consisting of 13 lots located at the northwest intersection of Dodd and Diffley Roads in the SW 1/4 of Section 24 . City Planner Sturm stated that the development project was originally scheduled for the June, 1993 , Advisory Planning Commission meeting. He noted that Dakota County retained ownership of the excess right-of-way and the applicant accordingly asked for a continuance to revise the plans . He mentioned that the site includes Pond JP-27 , a proposed water quality pond and many mature trees located near the ponds . He further stated that the plat proposes the lots to be served by two cul-de-sacs , one of which is 660 feet in length. This exceeds the maximum 500 foot cul-de-sac length, thereby requiring a variance. The average lot size is 21, 530 sq. ft. and the proposed density is 2 . 02 units/acre. City Planner Sturm noted two changes to the conditions: 1) delete condition #2 as it is covered in condition #9 ; and 2) add a new condition #2 requiring that the final grade is to include berming and landscaping along County Road 30. Wayne Tauer , a representative of Heritage Development, stated that the developer concurs with the City staff report and the proposed conditions. Scott Betcher, the property owner of Parcel I .D. #020-58 , felt that the development was not compatible with the surrounding lots and therefore would devalue his property. Gary Ash, 755 Diffley Road, expressed his concerns regarding the preservation of the pond on the western portion of the development. He further stated that he does not oppose the development but would like to see lots 1/3 of an acre or more to be compatible with surrounding lots. Finally, Mr. Ash requested information regarding the pending easement and the ponding volume. Assistant City Engineer informed the Commission and Mr. Ash that the pond's volume is presently controlled with a 6-1/2 foot water level range . He further stated that he will make information on the pond available for Mr. Ash. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 Member Heyl stated that as the proposed plat is compatible with the surrounding neighborhood and it meets all City standards, she does not oppose the application. Heyl moved, Miller seconded, the motion to approve a Rezoning of approximately 8 . 2 AG (Agricultural) acres to R-1 (Single Family) located at the northwest intersection of Dodd and Diffley Roads in the SW 1/4 of Section 24 . All present voted in favor. Heyl moved, Merkley seconded, the motion to approve a Preliminary Plat consisting of 13 lots located at the northwest intersection of Dodd and Diffley Roads in the SW 1/4 of Section 24 , subject to the following conditions: 1 . These standard conditions of plat approval as adopted by Council action on February 2 , 1993 , shall be complied with: Al , B1 , B2 , B3 , B4 , Cl, C2 , C4 , D1 , El , Fl , G1 and H1 2 . Final grading is to include landscaping and berming along County Road 30. 3 . A Variance of 160" shall be approved as a part of this plat approval . 4 . The development will be required to provide a 30 foot vegetative buffer strip along the east edge of Pond JP-27 . 5 . The developer is required to extend the 8" sanitary sewer and 12" trunk watermain in Dodd Road from the existing stubs located 200' north of the site to Diffley Road to serve this site. 6. The utility layout shall include a 6" watermain extension for fire protection and looping purposes from the southwest cul-de-sac to the existing 6" watermain stub in Diffley Road. 7 . The development will be responsible for acquiring the necessary easements for the construction of the sanitary sewer and watermain along Dodd Road from Diffley Road to the connection of the existing lines 200' north of this site. ( g2 Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 8 . The new water quality pond shall have a 12" storm sewer outlet with a maximum discharge rate of 3 cfs that will drain into Pond JP-27 . 9 . No driveway accesses will be allowed to connect to Dodd Road or Diffley Road. 10 . The water quality pond shall have a surface area at the NWL of 0. 3 acres and a wet pond volume of 0. 9 acre feet. 11 . Sanitary sewer and water services shall be provided to the future lots of Outlot A. All present voted in favor. IT MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 13, 1993 RE: STONEBRIDGE PONDS ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above reverenced proposal at their July 12,1993 meeting and make the following recommendations to the City Council relative to Stonebridge Ponds Addition. 1. This proposal would be subject to a cash parks dedication. 2. This proposal would be subject to a cash trails dedication. 3. On-site ponding to treat all impervious area runoff from the site would be required to meet water quality treatment requirements and the pond design would need to be approved by City staff. Also, no filling or draining of any wetlands on the site is permitted. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician 1l " Agenda Information Memo September 7, 1993 City Council Meeting PRELIMINARY PLAT/KINGS WOOD 3RD ADDITION/HORNE DEVELOPMENT H. Preliminary Plat, Kings Wood 3rd Addition/Horne Development,Consisting of 42 Lots on Approximately 28 Previously Zoned R-1 (Single Family) Acres Located Along the West Side of Pilot Knob Road, South of Englert Road in the Southeast Quarter of Section 16 and the Northeast Quarter of Section 21--At its meeting of August 24, 1993, the Advisory Planning Commission considered the above-referenced application for a preliminary plat for the Kings Wood 3rd Addition. This property had been previously platted in 1989. The applicant brings forward a modification of the previous plan as outlined in the staff report which is enclosed on pages . ,.ihrougl /-lfor your review. It should be noted that the applicant is requesting variances for cul-de-sac lengths in excess of 500 feet, a 2 percent variance to the 8 percent maximum cul-de-sac street grade or a 10 percent grade as shown on Road "B." City code requires that a hardship unique to the property be demonstrated for approval of any variance. The variance for a cul-de-sac length may be processed as a part of the plat action, but the variances for street grade and private street turn-around must be acted on separately. A copy of the Advisory Planning Commission minutes relative to this item is enclosed on pagesa,througli (.,for your review. The APC is recommendin,g approval subject to the conditions listed. Also enclosed on pages,? 1 7 through .2- is a supplemental staff memorandum covering documents submitted by the applicant at the Plannin Commission g Y PP g meeting including engineering drawings and a cost differential necessary to meet the City requirement that sanitary sewer be located in a street rather than backyard location. The Advisory Parks, Recreation and Natural Resources Commission will consider this item at their meeting of September 9, 1993. Any action on this preliminary plat should be subject to their recommendation in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a preliminary plat for Kings Wood 3rd Addition/Horne Development consisting of 42 lots on approximately 28 previously zoned R-1 (Single Family) acres located along the west sit.: of Pilot Knob road, south of Englert Road; 2) a variance of 2 percent to the 8 percent maximum cu • e-sac street grade; and 3) a variance deleting the City requirement for a turn- around at the terminus of private streets. SUBJECT: PRELIMINARY PLAT & VARIANCE KINGS WOOD 3RD ADDITION APPLICANT: HORNE DEVELOPMENT LOCATION: SE 1/4 SECTION 16 & NE 1/4 SECTION 21 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 18, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for the Kings Wood 3rd Addition consisting of 42 single family lots on approximately 28 previously-zoned R-1 (Single Family) acres located between I-35E and Pilot Knob Road just south of Englert Road. Variances are necessary for the cul-de-sac lengths in excess of 500', a 2% Variance to the 8% maximum cul-de-sac street grade, and the turnaround requirement for all private streets. The City's Land Use Guide Plan designates this area D- II Mixed Residential (0-6 units/acre) and this proposal is in conformance with that plan. BACKGROUND: In 1988 the northern 21.5 acres were rezoned and received Preliminary Plat approval for 30 single family lots with the Oak Meadow Addition by the Mentor Corporation. The southern 6.5 acres owned by Horne Development were also rezoned to single family in 1988 and would have been serviced through the Mentor plat. Horne Development acquired Meritor's land in 1989 and received Preliminary Plat approval for the 28 acres into the Kings Wood 3rd Addition. In 1990, the City Council approved a motion to continue a Preliminary Plat extension indefinitely. Recently, Horne Development revised the previous plan in an effort to eliminate any unnecessary grading and tree loss. This revised plan is being processed again as the Kings Wood 3rd Addition since the previous plan never received Final Plat approval. EXISTING CONDITIONS/SITE PLAN: This site consists of both heavily-wooded slopes and open grassland falling toward the large ponding area in the center of the site. The area to the north is zoned Agricultural, and is also guided for 0-6 residential units/acre. The I �� City's Fire Administration and Old City Hall are on the west side of Pilot Knob Road abutting eight of these lots. While the access point along Pilot Knob Road remains the same as before, the following changes are proposed: O The entrance road to the western cul-de-sac shifts slightly to the south and a combined driveway for the western three lots will allow walkout-style homes. If direct access from the street was provided, the most logical house style would be a tuckunder. o The only grading proposed initially is for utility and street construction. Individual lot grading is proposed. o Both cul-de-sacs have been shortened with private drives at the end of each serving Eve lots on the western cul-de-sac and four lots on the eastern cul-de-sac. This style of lot development was previously approved in heavily-wooded areas in the Majestic Oaks and Gardenwood Ponds Additions. The lots meet all single family code requirements and vary in size from 13,490 to over 63,000 sq. ft. The median lot size is approximately 28,000 sq. ft. and the gross density is 1.5 units/acre. Outlot A, the area between the western cul-de-sac and I-35E, shall be maintained by the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. 1q3 GRADING/DRAINAGE/EROSION CONTROL: This site contains a considerable variation in topography. Pond JP-5, which is a pond on the City's Comprehensive Stormwater Management Plan, is located in the center of this site. The slopes around the pond are fairly steep and heavily wooded. The proposed streets that will be built around the pond are shown to be 40' - 60' higher than the elevation of the normal water level of the pond. A preliminary grading plan submitted as a part of this application proposes maximum cuts of 14' and maximum fills of 6'. The maximum street grade allowed for cul-de-sacs according to the City Code is 8%. Along the north edge of this site, the preliminary grading plan shows a section of street to be at a 10% slope. The final grading plan shall provide for a maximum street grade of 8%. The development is proposing to construct three sets of retaining walls. The developer will be required to submit detailed plans and specifications for the proposed retaining wall construction. The final grading plan shall provide a 30 foot buffer strip along the edge of Pond JP-5 to be measured from the normal water level. The buffer strip will protect the existing trees and vegetation along the edge of the pond and reduce erosion. To provide a screen from Interstate 35E, the developer shall save trees that are located within 30' of the I-35E right-of-way line. The developer will also be responsible for saving a 30' strip of trees along the east property line of this site where it abuts Pilot Knob Road or the City of Eagan's Fire Administration property. All site generated storm water runoff is required to be conveyed to Pond JP-5. Any proposed modifications to Pond JP-5 will require the approval of MnDOT. A 60" storm sewer line that drains I-35E connects into the north end of Pond JP-5. In addition, a 54" storm sewer line drains into the southwest corner of Pond JP-5 from I-35E. Grading over these two storm sewer lines will require MnDOT approval. Three other City-owned storm sewer lines also drain into Pond JP-5. The outlet for the pond drains westerly across I-35E and drains into Blackhawk Lake. This development will be responsible for reconstructing the existing storm sewer lines that drain into Pond JP-5 to match the normal water level of the pond. The development will be responsible for providing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. WATER QUALITY AND WETLANDS: The proposed development is located in Drainage Basin J,just upstream of Blackhawk Lake. The runoff generated from this development will be routed to Pond JP-5, a nutrient basin in the City's water quality management plan, then to Blackhawk Lake which is one of six Class 1 direct contact recreation water bodies in the city. Staff will recommend that this development meet its water quality requirement through on- site ponding using Pond JP-5. Ponding is being recommended because of the development's close proximity to Blackhawk Lake, the difficulty of access to Pond JP-5 for maintenance (especially after development), and the historical deposition that has decreased the wet volume of Pond JP-5. Staff will recommend that the developer expand by excavation the / q C.( wet pond volume of Pond JP-5 by 1.2 acre-feet. Staff will also recommend that the normal water elevation of Pond JP-5 be raised by up to 1' as long as the higher water level does not pose a significant adverse impact to woodlands around the pond. Finally, a skimmer shall be constructed on the outlet of Pond JP-5. The developer has not yet submitted a wetland inventory and impact assessment,though the site plans indicate filling of some wetland areas on the site is being proposed. It is essential that the developer submit the requisite information no later than Monday August 23 in order to be considered during the September Parks, Recreation, and Natural Resources Commission meeting. These recommendations are subject to the approval of the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer service of sufficient depth and capacity is readily available to this site from an existing 8" line that crosses I-35E along the north side of Lot 38 of Block 1. The development is proposing to utilize this connection and serve the entire site by gravity flow. At certain locations of this proposed layout, sanitary sewer depth will be in excess of 35'. The developer proposes to construct an 8" sanitary sewer line through Pond JP-5. This would require fill to be placed in the wetland for a berm that would be approximately 10' above the normal water level of the pond. Access for the City's Maintenance Department to the sanitary sewer line that is proposed to be constructed through the pond would be difficult. City staff recommends an alternative layout for the sanitary sewer that would keep the sanitary lines in the proposed streets. The alternative layout would require that the sanitary sewer along the easterly cul-de-sac would be approximately 10' - 15' deeper or in the 20' - 30' deep range. Watermain service of sufficient pressure and capacity is readily available in three locations to serve this development. Watermain service has been stubbed to the property from Kingswood Road and Kingswood Court within the Kingswood 2nd Addition. In addition, an 8" watermain has been stubbed from Pilot Knob Road where the proposed street is shown to connect to Pilot Knob Road in the northeast corner of this site. All three connections to the existing watermain stubs are required to provide adequate looping for this development. The preliminary utility layout plan shows construction of sanitary sewer and water lines across the City property in the backyard area of the old City Hall. The developer requests permission to cross City property in this area to save trees on their site. The developer will be required to provide sanitary sewer and water services to the undeveloped property of Parcel 014-79 along the north edge of this site. STREETS/ACCESS/CIRCULATION: Public street access is proposed to this site from a new street connection to Pilot Knob Road located 500' south of the Englert Road intersection. The public street system will include two cul-de-sacs, and both cul-de-sacs exceed the City's maximum length of 500' permitted by City Code. Five sections of private streets are also proposed to serve this site. City Code requires that if more than four units are served off of a private street, then it shall have concrete curb and gutter along the edges of the private street. City Code also requires that private streets with a cul-de-sac dead-end shall have a turn-around at the extreme far end with an outside street pavement diameter of at least 90'. Lots 14, 15, & 16 of Block 1 are shown to have street access by a private street that will connect to Kingswood Road. The private street connection to Kingswood Road shall be located on the west side of the center median of Kingswood Road. EASEMENTS/RIGHT-OF-WAY/PERMITS: The preliminary plat proposes the right-of-way for the public streets to be 50' wide. The development will be responsible for providing the appropriate easements for the existing and proposed public utilities constructed beyond the limits of the dedicated public street right-of-way. The development will also be responsible for acquiring the appropriate easements and street right-of-way from the northerly adjacent property (Parcel 014-79) to construct the new street at the connection to Pilot Knob Road. The development will be required to provide the appropriate ponding easement for Pond JP-5 to incorporate the required high water level and storage volume requirements in accordance with the City of Eagan's Comprehensive Storm Sewer Plan. All regulatory agency permits shall be required within the appropriate time frame as required by the affected agency. A MnDOT permit will need to be obtained prior to any construction on this site since MnDOT purchased a ponding easement over Pond JP-5 to allow 35-E to discharge into the pond. FINANCIAL OBLIGATION - KINGS WOOD 3RD ADDITION Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water S.F. $15.80 F.F. 802 F.F. $12,672 Lateral Benefit Storm Sewer S.F. 20.92 F.F. 980 F.F. 20.502 Total 122,111 CONDITIONS OF PRELIMINARY NAT APPROVAL FOR KINGS WOOD 3RD ADDITION 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, D1, El, Fl, G1, and H1 2. No driveway access to Pilot Knob Road shall be allowed. 3. Outlot A, the area between the western cul-de-sac and I-35E shall be maintained by the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. 4. The cul-de-sac lengths shall be approved as shown on the Preliminary Plat. 5. The developer will be responsible for submitting detailed plans and specifications for the proposed retaining wall construction. 6. The private street connection to serve Lots 14, 15, & 16 of Block 1 shall be constructed at the west end of the center median on Kingswood Road. 7. The developer will be responsible for acquiring the appropriate street right-of-way from the adjacent northerly oe (Parcel 014-79) for the street connection at Pilot J YP property ) Knob Road. 8. Sanitary sewer and water main services shall be stubbed to the adjacent northerly property (Parcel 014-79). 9. A 30' buffer strip shall be provided around the edge of Pond JP-5 to protect the existing trees and vegetation. 10. The 30' strip of trees shall be protected along the east edge of the property where it abuts Interstate 35-E, Pilot Knob Road and the City of Eagan's Fire Administration building. 11. The sanitary sewer layout shall be revised to keep the sanitary sewer lines in the dedicated street right-of-way and out of the dedicated ponding easement for Pond JP- 5. 12. The final grading plan shall provide for a maximum street grade of 8%. 13. All site generated storm water runoff is required to be conveyed to Pond JP-5. iq 7 14. Modifications to Pond JP-5, the 60" storm sewer line in the northwest corner of the site or the 54" storm sewer line in the southwest corner of the site, will require MnDOT approval. 15. A skimmer shall be constructed on the outlet of Pond JP-5. 16. The private streets with more than four units connecting to it shall have concrete curb and gutter constructed along the edges of the private street. 17. Private streets with a cul-de-sac dead-end shall have a turn-around at the extreme far end with an outside street pavement diameter of at least 90'. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in eff :ct at the time of final plat approval. B. Easements and i4 ghts-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public stre€ ' rights-of-way as required by the alignment, depth, and storage capacity a all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 TAN S TADARD.CON (^ / KINGSWOOD 3RD ADDITION• ATT. p a - E .„'. _ ilit N ... :, _.I.L. ..) — ___ i li g %, Ire I A `�i -: i STRIDGE LA • • ' .). d g vz), .01,„ ., A' - L . -..+. `CN.% I # .WT IMITA E Si-E ` W , , , , --- --:--.L..-.— -7--• -----‘;'-',,.....,_ ,,,.(11 ,'- ' 4 .I L 1 . ,. it'/ ‘;',J' \'..-ri/' 7---- . . .....„,:_\.-, Is,i P !LC' t r W I '._,_.I. 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Public Street * Cul-de-sac road type . . . 8% maximum street grade * Low density road type . . . 10% maximum street grade Request : Allow a 10% maximum street grade rather than an 8% street grade . 2 . Variance to turnaround requirement on dead end private streets . . . Section 13 . 30 Data and Design Standards , Subdivision 4 "Street Design Standards" - B. Private Streets 9 r ets * Item 6 recommends a 90 foot diameter paved turnaround Request : Turnaround requirement be waived on all private streets . Narrative The site is bounded by Interstate 35E to the west; Kings Wood 2nd Addition to the south; Bruestle Addition to the north and Pilot Knob Road to the east . Pilot Knob Road was constructed with a curb cut to the Kings Wood 3rd Addition property and a turn lane to the curb cut for north bound Pilot Knob traffic. The property is very hilly, with many stands of large overstory trees . Located in the center of the 28 acre site , almost bisecting it in a north/south direction, is a 4 acre pond (JP-5 ) . Approximately 16 . 5 acres of the site have slopes 3 : 1 or greater . Almost all of the 3 : 1 slopes are tree covered. Combining the constraints produced by the 3 : 1 slopes , many stands of large trees , the configuration of the pond with the goal of minimizing land disturbance due to grading results in a rather unique looking plat . An approved preliminary plat ( 1989 ) for this site proposed 46 lots with a mass grading operation disturbing the great majority of the site . The developer currently is proposing to reduce the number of lots to 42 and construct four private streets ranging in length from s private streets will ran 250 to 350 feet . The width of these range from p g 16 to 20 feet . As previously indicated , Road "B" can only provide access to the westerly portion of the site from Pilot Knob Road. Only 250 feet of horizontal distance is available in the area north of the pond to construct Road B to access the west side . This 250 foot area is predominantly 3 : 1 slopes due to an elevation drop of 68 feet ( Elevation 892 to 824 ) . To minimize tree loss and the area disturbed due to grading it is proposed to treat Road "B" as a "Low Density Road Type" rather than a "Cul-de-sac Road Type" (see attached Exhibit 1 ) . This will result in allowing a 10% maximum grade on a Road B rather than an 8% maximum. Actually if Road B did not dead end, due to its low volume it would be categorized as a "Low Density Road Type" and no variance would be needed. To avoid significant tree loss due to grading , the turnarounds for Road A and B have been designed to stop short of the treed areas . Private streets are proposed to "snake" through the steep and treed areas from the public turnarounds. The subdivision ordinance requires that a turnaround ( 90 feet curb to curb) be constructed at the end of these private drives . Due to a desire to minimize tree removal, impervious surface and disruption of wildlife movements the variance requests that this requirement be deleted. (D-- EXHIBIT 1 • S 13. 30 r . • i x . .CT Q °° .o,IiTo00 ea0rVD UOM•tr C - g II ' ' 11 C N C C7 CO a•.4 to •.4 y y Z 0in11v111 NLnI1gel MInIll OP rr • • • • • V O 0 •.+•x 00000 0000 000 41 a 3M 4) 44 .•4 0 10 1 t C N +r C LL -Q) . p 1 •-4 0 • 1 . N Lxw 0 11 0 C IA 7'P`44 Z4 N N N .•l 0 N •■I N 1 ( 1 1 4) 4) pry N . 7 44 d . .a .c 4) .c w VI r- U 4) U 41 a CO I•1 V) = 44 •). . . • •4+ w w Z A..I Zen MW Z N N N N N N NN •! V' ger ger - kr 4 N .0 • (0U • C) N .a IA .• .. E• - .4 C 7 C C to = 10 ..• 0 ar to •• ..•1 u ►E. 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Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 KINGS WOOD 3RD ADDITION - HORNE DEVELOPMENT Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of 42 lots on approximately 28 previously-zoned R-1 (Single Family) acres located along the west side of Pilot Knob Road, south of Englert Road, in the SE 1/4 of Section 16 and the NE 1/4 of Section 21. City Planner Sturm advised as to the history of the project. He stated the northerly 21 . 5 acres were rezoned and preliminarily platted for 30 single-family lots by the Meritor Corporation and the southern 6 . 5 acres were owned by Horne Development and would have been serviced through the Meritor Plat. In 1989 Horne Development acquired Meritor' s 21 . 5 acres and received preliminary plat approval of the Kings Wood 3rd Addition, consisting of the 28 acres . In 1990, the City Council approved a motion to continue the preliminary plat indefinitely. Horne Develop' nt revised its plans in an effort to eliminate any unnecessary g, ding and tree loss. The preliminary plat presented before the Commis. ::.on is the revised plan. Sturm stated that the s2, ,;.e consists of both heavily wooded slopes and open grassland falling towards a large ponding area in the center of the site . The lots vary in size from 13 , 490 to over 63 , 000 sq. ft. , with a gross density of 1. 5 units/acre. Rollie Crawford, a representative of the applicant, noted the revisions to the present proposed plat from the 1990 preliminary plat. Mr. Crawford stated that all of the revisions have helped to reduce the amount of grading and tree loss in the development. He further stated that the developer acknowledges the City's objectives in tree preservation. Bob Weigert , Paramount Engineering, expressed concerns on behalf of the applicant with respect to City staff recommendations. Mr. Weigert requested a variance to allow a 10% street grade and a variance to allow a private street from the cul-de-sacs. He explained the variances were necessary because of the site restraints due to the pond, extreme slopes and trees. Mr. Weigert also stated that it is also necessary for the developer to locate the sanitary sewer through the pond for feasibility and economic reasons. He noted that it will cost the developer $58 , 000 to place the sanitary sewer within the streets as opposed to across the pond. ( .] ) C � Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 Mr. Crawford concurred with Mr. Weigert's comments regarding the variance from the maximum 500 foot cul-de-sac length, citing the site's topography for the necessity for the variance. He also addressed the City's recommendation for a 30 foot strip of trees along the property abutting I-35E, Pilot Knob Road and the City's Fire Administration building. Mr. Crawford stated that a 30 foot buffer would act as a setback resulting in the developer unable to build on some lots. Member Hoeft responded that the 30 foot buffer may be done on City property in order to allow the developer the 30 feet on the lots to build. Mr. Crawford conceded to condition #14 and to the City's utility plan. He objected to condition #8 which requires sanitary sewer and water main services be stubbed to the adjacent northerly property (Parcel 014-79) because of the topography of the site makes such a requirement almost impossible. Mr. Crawford noted that the northern portion of the property has a 68 foot drop and Parcel 014-79 can be served from the north. also expressed concern with respect to condition #6 in which e private street connecting Lots 14 , 15 , and 16 of Block 1 be cons- .cted with the access at the west end of the center median of Kings—ood Road. Mr. Crawford explained that the City' s proposed road path would require removing up to six mature oak trees . He stated there is no safety problem with leaving the road perpendicular to the center median. He also stated that the required easements from Bruestle Addition for the additional eight feet of right-of-way will be sought and if the developer is unable to obtain the easement, the center island will be removed from the plans. Finally, Mr. Crawford questioned the developer's obligation to pay for the water line lateral and the storm sewer lateral, reasoning no homes within the development will be served by either service. Dean Victorson, a resident of Kings Wood 2nd Addition, questioned the feasibility of placing a sanitary sewer across the pond. He also questioned the compatibility of the proposed homes with those in Kings Wood 2nd Addition. Mr. Victorson also supported the City's recommendation to move the access street for Lots 14 , 15, and 16 to the west of the center island, citing the high traffic volume from Kings Wood 2nd Addition on Kingswood Road. Member Merkley complemented the developer for the revisions made to the preliminary plat evidencing the developer's sensitivity for tree preservation. He also concurred with the developer's requested variances due to the topography concerns. Further, he explained that the private streets off the cul-de-sacs are, in this situation, very similar to a private drive. ( C( Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 Member Miller stated that the Commission must balance the interest in saving trees or preventing an accident on Kings Wood Road by moving the access street for Lots 14 , 15 and 16. He concluded that the prevention of an accident outweighs the saving of trees and therefore favors the City's staff recommendation to move the road. Chairman Voracek concurred with Member Merkley and added that the City staff recommendation for turn arounds on the private roads is not necessary because the private street is more like a driveway than a street. Member Miller suggested that condition #16 be amended to include construction of concrete curb and gutter at the end of the private street. Miller moved, Merkley seconded, the motion to approve a Preliminary Plat consisting of 42 lots on approximately 28 previously-zoned R-1 (Single Family) acres located along the west side of Pilot Knob Road, south of Englert Road, in the SE 1/4 of Section 16 and the NE 1/4 of Section 21, subject to the following conditions : 1 . These standard conditions of plat approval as adopted by Council action on February 2 , 1993 , shall be complied with: Al , Bl , B2 , B3 , B4 , Cl, C2 , C3 , D1, El , Fl, Gi and H1 2 . No driveway access to Pilot Knob Road shall be allowed. 3 . Outlot A, the area between the western cul-de-sac and I-35E shall be maintained by and transferred to the homeowners' association or platted as a part of adjacent lots with the Final Plat submission. 4 . The cul-de-sac lengths shall be approved as shown on the Preliminary Plat. 5. The developer will be responsible for submitting detailed plans and specifications for the proposed retaining wall construction. 6 . The private street connection to serve Lots 14 , 15 and 16 of Block 1 shall be constructed at the west end of the center median on Kingswood Road. Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 7 . The developer will be responsible for acquiring the appropriate street right-of-way from the adjacent northerly property (Parcel 014-79) for the street connection at Pilot Knob Road. 8 . Sanitary sewer and water main services shall be stubbed to the adjacent northerly property (Parcel 014-79) . 9 . A 30' buffer strip shall be provided around the edge of Pond JP-5 to protect the existing trees and vegetation. 10. The 30 ' strip of trees shall be protected along the east edge of the property where it abuts Interstate 35-E, Pilot Knob Road and the City of Eagan's Fire Administration building. 11 . The sanitary sewer layout shall be revised to keep the sanitary sewer lines in the dedicated street right-of-way and out of the dedicated ponding easement for Pond JP-5 . 12 . The final grading plan shall provide for a maximum street grade of 10% . 13 . All site generated storm water runoff is required to be conveyed to Pond JP-5 . 14 . Modifications to Pond JP-5, the 60" storm sewer line in the • northwest corner of the site or the 54" storm sewer line in the southwest corner of the site, will require MnDOT approval . 15 . A skimmer shall be constructed on the outlet of Pond JP-5. 16 . The private streets with more than four units connecting to it shall have concrete curb and gutter constructed along the edges and at the end of the private street. 17 . Homeowners Association documents and declarations establishing easements for driveway purposes shall be submitted to the City Attorney's office prior to final plat approval , with appropriate documentation recorded with the plat. All present voted in favor. a( (-011) MEMO dW pA ... :: City of eagan TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: SEPTEMBER "' , 1993 SUBJECT: KINGS WOOD 3RD ADDITION At the August 24 Advisory Planning Commission meeting, the Preliminary Plat for Kings Wood 3rd Addition consisting of 42 lots on 28 previously-zoned single family acres located along the west side of Pilot Knob Road by the City's Fire Administration Building was approved unanimously. Associated with this plat are Variances for the cul-de-sac length over 500', the proposed ten percent street grade, and no turnaround on a private street. In 1988, the Mentor Corporation rezoned and platted the northern 21.5 acres containing 30 single family lots. In 1989, the applicant acquired Mentor's property and received Preliminary Plat approval for the Kings Wood 3rd Addition consisting of 46 lots. In 1990, the City Council continued a Preliminary Plat extension indefinitely. Since then, the applicant has revised the plans to eliminate any unnecessary grading and tree removal. The site is heavily-wooded in areas and has steep slopes falling towards the pond in the center of the site. The applicant's attorney and engineer made a rather lengthy presentation regarding the Variance requests. Attached are copies of information given to the Commission that evening. These changes were made to the conditions: 3. Outlot A, the area between the western cul-de-sac and I-35E shall be maintained by, and transferred to the Homeowners'Association or platted as part of adjacent lots with the Final Plat submission. 12. The final grading plan shall provide for a maximum street grade of 10%. 16. The private street with more than four units connecting to it shall have concrete curb and gutter constructed along the edges and at the end of the private street. Condition #17 was changed to read: 17. The Homeowners' Association documents and declarations establishing the easements for driveway purposes shall be submitted to the City Attorney's Office prior to Final Plat approval, with appropriate documentation recorded with the plat. If you would like additional information, please contact me. 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CC;;; M` ___ -` • S I i ih ..,--'-----" I� i�• \�� , �� ~$TKO '__ i O ` s ii C •- p 1 1 t _ ;�Q � I: • 1 i I �.._� r, — //, - i I F Z • ^ —.—__ J. f_ —..•`\\ ! \\SON\1 p it!; \`\`` '•' •i. �'�\ �(�bCY Z \ .� 8 f W 3 - '.,. i -----.\--• - e K owp. / O cr 1 R •/ IC \ _ c 5 ii i Y . Lj f V i v -� — *it m 7 1 r i . - o O 4}} j . I , • I S R R R $ R i a3 ■ 1*-)LF--fr1 ( Zvi - /4.6_ 5,%J 7 7 .. Oc A Cr (• Try. " .. p "Is " vs A-L o,u G 11-. A—� ` c( COST 4/41 loo •eoicsp "� << vs Ckri a f,,) A , *Ro "P, " 0,o s� � >� Zoo _ ciP _ I-->4.‘t a-CA 32-1 _ . _ -� z `se/COD _ __ Agenda Information Memo September 7, 1993 City Council Meeting CONDITIONAL USE PERMIT/FEDERAL LAND BICENTENNIAL SECOND ADDITION/PYLON SIGN I. Conditional Use Permit, Federal Land Company, to Allow a Pylon Sign on Lot 1, Block 1, Bicentennial Second Addition. Located Along the South Side of Yankee Doodle Road, East of Washington Drive in the Northeast Quarter of Section 16--At its meeting of August 24, 1993, the Advisory Planning Commission considered an application for a conditional use permit for relocation of a pylon sign on the Bicentennial 2nd Addition at the west end of the Yankee Square Shopping Center. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages through 3 1 for your review. Also enclosed on page,mare the APC minutes relative to this item. Please note the APC is recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for the relocation of a pylon sign for Federal Land Company on Bicentennial 2nd Addition subject to conditions outlined by the Planning Commission. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: FEDERAL LAND COMPANY LOCATION: LOT 1, BLOCK 1, BICENTENNIAL 2ND ADDITION EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit for a pylon sign for Lot 1, Block 1, Bicentennial Second Addition, located in the Yankee Square Shopping Center. COMINIENTS: This Conditional Use Permit is being requested to allow the existing pylon sign to be relocated 95'west of its current location. Federal Land Company and the tenants located at the west end of the mall believe they need better visibility and separation from the retailers. They feel this can be accomplished by moving the sign 95' to the west and removing an existing Ash and Locust tree. They are proposing to replace the trees with rock beds and shrubs. A Conditional Use Permit was not applied for when the original sign was installed. The proposed sign is 24' in height and shall be 120 sq. ft. in area per side which meets the Sign Ordinance of 27' in height and 125 sq. ft. per side. The sign as it currently exists exceeds the 300' spacing minimum between pylon signs. The closest pylon is sign in the Yankee Square Shopping Center. If approved This Conditional Use Permit shall be subject to the following conditions: 1. A one-time sign fee of $2.50/sq. ft. shall be paid upon application. 2. This Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. FINANCIAL OBLIGATION - 16-CU-19-7-93, LOT 1, BLOCK 1, BICENTENNIAL 2ND Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit Water Trunk $26.05/F.F. 215 F.F. $5,601 This property was not charged for lateral benefit at the time of its platting or its connection the City's water system. This financial obligation is presented for informational purposes. aa77 I TE PL I YFtukE5 Sav:-2F 1 WASHINGTON DRIVE SiioQvItJG Can; - - a ____ z 4 mr_ oil .0,,,e,,,,,, - . : , C , Azindi,„„„„,„0 1 id 0 ■ , di __ . , . LOT 1. BLock t � • : 1cENfENNI AL ` ` -- s • i I map f---- liinii • • • Y pi. j r— J i r ° !• _ .4111; 7?"=... 1 . • • i I; 11111 . L43-1" ' �- _ e • . =I . I I: \ i it 705 i . i ii. fir Ili i .'.....".6: ., , $ tr214- - . ,111 ). . ' 1 411117 :-- -1 t• 1 i --1 **— `\ 7t 1 1 •� wn m if t Mist ExigT1 A& Py 4...esel g \ –• t ; E Lcc.4Tto r -- 1� Ht \ i II 1 I I : qS,N i � P�Pc4 b N E - I I i..•.i 1 I t ., -. PyLor1 Lo Ttot4 J i �N . � .• , 1 , I 1 , \ ,,., __Q,,... lir • - . JUL 29 '93 09:19:+19 SCH D TRACT SI,311= F.2.c T YANKEE SQUARE 1 1 , BUSINESS PLAZA ,1 i i _ T «-, : ANIçeR _ _ 1 1 ,z.c. T L�tTLpltCENTEE REALTORS____. __ _ ____ I T 0' - 2 MONIOU .1 _ - = School of Dance i 1 T FHMILY _ Ze Ratdte 20• LEARNING 1 CENTER SPO I TS CARDS T 20' STATE FARM 1 ' I DON IEHCHE AGENCY ! 2a' - i 1 I i I 1 `i x v/F rYLON SIGN 36'SHROWN:,rOLF 1 . I Project y .rn Scab•T R.evisiona T1�r Driving Is a erovrnr of A&beas yArassi ARt Drawn by i schad-tracq signs Ga, City KAGAN Salesperson DP 111 Mims.Ara N MO L Caf aA. C1stomer Approval Due Onions,►o+ssrama Ms it r,ta+51117 State mr*M CTA Date Cali H7.1611 (eta etwLll 7/13!95 Dar)11•M 3 cwl {atZ 1.448 flat) a°— r CA-660.1 _ I ...e• . ..." 44/4 di I+1J ! 4' it ► i s ! } 4-_ 1 3......_ .....1.._/ - - t-- - 1----- M.._ • - - _ • Al ell Mg lw - c Ii u . , :I Itiok . : - J •• al ., 1 . 4 - --- -. __ i• 1 se ql • L11rTro I CH h ■ . Iii :: P% • 6►rrT 4111 jo Of llish • i X I ',ova" �� Lot .,; A , s� ` LEO vallP, - ToVe. r �• -- - EXIST/7\36 1:11.4.1 -PcJ MAKSED ROCK. 13 E1 ..— ' EXLTIWC. P41-O/4 Lo C..4T10/.1 NE A,1 PYton! , .....- 1p r5.tc-J G (1) fls to -1-12 c L1) L DC-UST' YANKEE DOODLE ROAD 1b ,ALLoz,J P 4_0Pi...2.. S11Mr Liao E L„6•-,J DSc APB cL,a N • C i■•• ■7 ............_t____r____._._T._._. _ i Arrita........... 4..A1 Ilks I 4::. . 7 c ., ; -41:5734 SA'Pi 1 1 rliii I iiv .., er __-.477.„- . _ t_____ i__ _ T_____ ,......_.1..--- 1 . s ,....�; 1 1 + ," 1 Ix 104' OW - M� Ill f ter.+�.+ �� T • •• I 0 • �_� • ill / 1 its 1 L 1 / s .�• is � . _ 1 '11161 lit I 1 1 H i is I I. 44 2411 0 41 . �---- _ _ tED ...>,..e....--- NEW AC - 7 R.ooze Rock BoRar-ra Ru: r- — an Ldc._s BED 5ft+luc3-5' 0E1 w/s r+k L1e YANKEE DOODLE ROAD az.opose b ,a.-J b SC■44--P E PL A-,.. pyr, a/b...t--- . 1 Page 21/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24 , 1993 FEDERAL LAND COMPANY - CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1 , Bicentennial Second Addition located along the south side of Yankee Doodle Road, east of Washington Drive, in the NE 1/4 of Section 16 . City Planner Sturm noted that a condition should be added which requires the original sign to be removed from the property. Chad Sandy, property manager of Federal Land Company, presented a drawing of the proposed pylon sign, emphasizing the new sign as bigger but more professional in an effort to create better visibility for the tenants located at the west end of the Yankee Square Shopping Center. Chairman Voracek suggested adding a condition which requires all tree replacement be a one to one ratio. The applicant agreed with the condition. Miller moved, Merkley seconded, the motion to approve a Conditional Use Permit to allow a pylon sign on Lot 1 , Block 1 , Bicentennial Second Addition located along the south side of Yankee Doodle Road, east of Washington Drive, in the NE 1/4 of Section 16 , subject to the following conditions: 1 . A one-time sign fee of $2 . 50/sq. ft. shall be paid upon application. 2 . This Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 3 . Remove existing pylon sign. 4 . Replace trees removed with same number and type of trees and meet minimum size requirements of the landscape portion of the Code. All present voted in favor. �3� Agenda Information Memo September 7, 1993 City Council Meeting CONDITIONAL USE PERMIT/RAINBOW FOODS/OUTDOOR STORAGE/ SHOPPING CARTS J. Conditional Use Permit, Rainbow Foods, to Allow Outdoor Storage of Shopping Carts on Lot 1, Block 1, Town Centre 70 Second Addition, Located Along the West Side of Denmark Avenue in the Northwest Quarter of Section 15--At its meeting of August 24, 1993, the Advisory Planning Commission considered an application for a conditional use permit for Rainbow Foods to allow outdoor storage of shopping carts within an enclosure at the front of the Rainbow Foods location at Town Centre Shopping Center. For additional information with respect to this item, please refer lo the Community Development Department staff reps which is enclosed on page3_-throug 37for your review. Also enclosed on pag-.a:re the Advisory Planning Commission minutes relative to this item. Please note that e APC is recommending approval subject to the conditions noted in the minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Rainbow Foods for outdoor storage of shopping carts within an enclosure at 1276 Town Centre Drive. �3 SUBJECT: CONDITIONAL USE PERMIT (OUTDOOR STORAGE) APPLICANT: RAINBOW FOODS LOCATION: 1276 TOWN CENTRE DRIVE EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 9, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outdoor storage of shopping carts in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Town Centre 70 2nd Addition. COMMENTS: Rainbow Foods is requesting outdoor storage of shopping carts. There are approximately 350 shopping carts at the Eagan store - 200 are located within the building and 150 will be located outdoors. The proposed cart enclosure would be located on the west (front) side of the building. It is the intention of Rainbow Foods to construct a 4' screen wall enclosure which will be attached to the existing building. The screen wall will be constructed of 8" block and a 4" rock face block stripe to match the existing building. The 40' x 12' screened area will be located on the existing 25' wide sidewalk on the south side of the main entrance. The placement will not interfere with pedestrian or vehicular traffic as there will be 13' of remaining sidewalk for pedestrians. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval with documentation provided to the City. 2. Only outdoor storage of shopping carts shall be allowed. 3. All applicable City Code requirements must be met. C>? FINANCIAL OBLIGATION - C-U-P, LOT 1, BLOCK 1, TOWN CENTRE 70 2ND Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None =0 ,c)3-s I ''vT Fps Si, 963 4,2. `„SF ........,,,,,,,,...." Tp • 7' n/CF j Y Sod . Rp 7q, -iO CD C +0-, X'C) (- ------- rn ° Oy •' -� - C1 i , , I � _ • -nom 8u V m _i 'L. , , „ I Mill . Iv F 0 ��• c: l ( 1 il , l , , ,i r �� r-0 i �_ I 141 12-i, 30 ! �- d 7C _ z 1 ! <I _L___ : 1 I , , , III i Is- _ 41 100' i,,I 10'TYP. _ r I � ji ' I , IlI _ IL 260.00 < z�._ �' �! I ' I ; ! . I ' I I ; i 62 { r _ '+' — ' •- J i l l i l l i i l; I I I ; Ili 1 I .2,__ °_ 4N o ' I I I I d, f I { a _ C\ 'w :t—'�:� ■ - � r—>\1?e 210' 1 ■ I i W W 4 ■ I N. 1 r 6265' V '1'7„7D" 90 • • 11 c I' � O,z 8''� r r SERVICE c 0 iv, °� tt in • o p �i i hill - A 44' v 1 lc If-- . , , i iiiii „ , , , , ,,, , , „ Hilt. -..04 c: 8 L_____..- 82.68 0 �{� AVENUE ARK AVE `UE 2 55a AS' \I{ _ ONE WAY . .. T` r i O 0 Asa �Fa vZ ' Qm ...•..i; .1. --I r Z e . , m y r , Z < l e ,� , r Z • j f— q _._�� __ I. n r , es i t- AA J O.` 4 P,'11-'- r r i J — if i C II '. .D h I 4. i ' II , I 1 {-44 {. i 1 I i I, / C. :i , I � I\C li .1. , 1 ri ii n H I 1 i� 0 !F 1 IF Ks c- • I, ri I I i L. i i, :, 1.1,, ° m ,Z °> e I �� fi ' o zo �r - I f ,7 m ■ 1i1; z ii* "_si R1 1111 , 111 i 41,1 3i -ri , tilt a D I , �I H s 0 i 1 I i t rn SENT BY: 8-26-93 ; 10:17 ;SEVERSON WILCOX SHEL-i 612 681 4612;#19/22 Page 23/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24, 1993 RAINflOW FOODS CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of shopping carts on Lot 1, Block 1, Totin Centre 70 Second Addition located along the west side of Denmark Avenue in the NW 1/4 of Section 15. City Planner Sturm stated that the applicant is requesting an outdoor storage of shopping carts for approximately 15D carts. A four foot screen wall enclosure is being proposed and will match the existing building. After constructing the enclosure there will still be 13 feet of remaining sidewalk for customers. A representative of the applicant pplicant stated that the shopping cart enclosure will match the principle building's construction and that 13 feet of sidewalk will remain for adequate customer use. rurther, he stated the cart enclosure is almost "invisible" and "not objectable. " Chad Sandy, property manager for Town Center, stated that he favored the application and requested the Commission to approve it. Miller moved, Nerkley seconded, the motion to approve a Conditional Use Permit to allow outdoor storage of shopping carts on Lot 1, Block 1, Town Centre 70 Second Addition located along the west side of Denmark Avenue in the NW 1/4 of Section 15, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of its approval with documentation provided to the City. 2. Only outdoor storage of shopping carts shall be allowed. 3. All applicable City Code requirements must be met. 4. The shopping cart outdoor storage enclosure shall be constructed of 8 inch block and a 4 inch rock face ble k strip to match the existing building. All present voted in favor. 23'3 R=94% 612 432 3780 08-25-93 10: 16AM P019 #48 Agenda Information Memo September 7, 1993 City Council Meeting CONDITIONAL USE PERMIT/AUTOMOBILE SERVICE STATION/TEXACO/ CEDARVALE SHOPPING AREA K. Conditional Use Permit, Hussein Ansari, to Allow an Automobile Service Station and Pylon Sign in a CSC (Community Shopping Center) District on Lot 2, Block 1, Cedarvale 2nd Addition, Located Along the Southeast Side of Cedarvale Boulevard, North of Rahn Road in the Northeast Quarter of Section 19--At its meeting of August 24, 1993, the Advisory Planning Commission considered an application for a conditional use permit to allow an automobile service station and a pylon sign for Hussein Ansari for a Texaco gas station to be located in the former Rax Restaurant location in the Cedarvale Shopping Area. For additional information with respect to this application, please r er to the Community Development Department staff re.•do,which is enclo ed on page througic.4 Tor your review. Also enclosed on pages..t. througl( are the APC minutes relative to this item. Please note that the APC is recommending approval of this application subject to the conditions as modified in the minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for an automobile service station in a CSC district and a pylon sign for Hussein Ansari on Lot 2, Block 1, Cedarvale 2nd Addition. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: HUSSEIN ANSARI LOCATION: LOT 2, BLOCK 1, CEDARVALE 2ND ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: AUGUST 24, 1993 DATE OF REPORT: AUGUST 16, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an automobile service station in a Community Shopping Center district and a pylon sign on Lot 2, Block 1, Cedarvale 2nd Addition, in the NE 1/4 of Section 19. COMMENTS: Lot 2, Block 1, Cedarvale 2nd Addition, is located on Cedarvale Boulevard adjacent to Perkins family restaurant, Cedarvale Lanes, and the Factory Furniture Outlet. The original tenant was Rax restaurant; however, the business has closed, leaving the building vacant for several years. The applicant is proposing to renovate the existing property into a Texaco gas station/convenience store. A future carwash is being proposed by the applicant. The lot size will accommodate the car wash and automobile stacking. The plan shows the existing 25'wide two-way ingress/egress which splits and becomes a one- way around the site (counterclockwise). The 42' x 44' canopy is located on the southwest side of the building where cars enter the site. There is approximately 20' between the building sidewalk and the edge of the canopy for safe driving between the two. The existing trash enclosure located in the southern corner of the property will be removed and a new trash/recycling enclosure will be attached to the rear of the building. Thirty-seven parking spaces far exceed the twelve required by Code. When the car wash is constructed, it may require the loss of some parking stalls; however, the site would still meet, or exceed Code requirements. The canopy will bear the Texaco star logo and the 'Texaco" name. The proposed sign square footage exceeds the 20% sign area of 33.60 sq. ft.; the applicant is proposing 42.50 sq. ft. The proposed pylon sign will be located in front of the building meeting the 10' setback requirement, is proposed to be 27' in height, and will be 101 sq. ft. in area. As proposed, the pylon sign meets all Code requirements. (_(0 GRADING/DRAINAGE/EROSION CONTROL: Lot 2,Block 1,of Cedarvale 2nd Addition drains in a northerly direction towards Cedarvale Boulevard. The existing storm sewer in the Cedarvale area conveys storm water runoff directly to the Minnesota River. The conversion of this site to an automobile service station will not require any modifications to the existing storm sewer system. UTILITIES: Since the site is currently served with City sanitary sewer and water service, no additional utility work is needed to convert the site to an automobile service station. The existing hydrants in Cedarvale Boulevard provide adequate fire protection to the site. When the future car wash ' as is constructed, a manhole o will need to be added on the sanitary sewer service line at the property line. This manhole will allow the City to inspect the service line periodically for debris being washed down the sewer line. STREETS/ACCESS/CIRCULATION: The existing parking lot has direct access to Cedarvale Boulevard. The developer proposes a one-way access around the building. The preliminary site plan submitted by the applicant shows four gas pumps along the southwest side of the existing building. For cars that want to bypass the gas pumps, a drive aisle is proposed to be provided in between the building and the first pump closest to the building. The existing parking lot is in poor condition. The developer shall upgrade the existing parking lot to current City Code requirements. The upgrading of the parking lot shall be completed by the time of occupancy of the new automobile service station. FINANCIAL OBLIGATION - 19-CU-28.7-93, LOT 2, BLOCK 1, CEDARVALE 2ND Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit San. Sewer $17.80/F.F. 209.49/F.F. 12,L2 This property was not charged for lateral benefit at the time of its platting or its connection to the City's sanitary sewer system. This obligation is presented for informational purposes. C>2 Landscaping for the site shall be in accordance with the Landscape Ordinance. A landscape plan shall be submitted prior to issuance of a building permit. All proposed landscaped and sodded areas shall be irrigated. If approved, this Conditional Use Permit shall be subject to the following Code requirements: 1. This Conditional Use Permit shall be recorded at Dakota County with receipt provided to the City. 2. A one-time sign fee of $2.50/sq. ft. shall be paid upon application for the sign permit. The pylon shall be no more than 27' tall with 101 sq. ft. of signage per side. 3. All Sign Code requirements shall be met. 4. A landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 5. All landscaped areas shall be irrigated. 6. The developer is required to upgrade the existing parking lot to current City Code requirements prior to occupancy of the new automobile service station. 7. The development is required to construct a manhole on the sanitary sewer service line to the car wash at the property line of the site. 8. The trash enclosure shall be attached to the building and constructed of the same building materials. 9. Rooftop mechanical equipment shall not be visible from adjacent lots. 10. The vent pipes shall be located up through the canopy and away from the building. C.U.P. Ansari • F, ff• / i 1 • ( ,, // / ' • - , 4 �f N.r; ,// ,. //..,/' /' /'(. - ■ ��i . ' - PAkr II*. \/� / ' ,.,' ,f ,' -..g- ./ , - . ,' / tc.;-./..-""' fi- ,/ j,' i' /� / , �. , I '/?e. �,1 / ' \ _►100 01, . , _ - . e J „4, )..• - •"' f\-,,,,, •/ / // / _ / /% / C` \ / / y if Y/ a\ _ ..� O P,,_.\ •- . , , t. / / • -/ dol•-■ fa -0 •,„ 1 \\, I /'b , I /' • \' \ •`\ a \ `1 I' t F I �` I h / � / `I \ \ / / ' V I I'AIO.Iti, / / / , ..,, t V. v 6 J / ,• v rFlo Ila. l� �. t j ,� +`� 3 P 9 - CEDARVALE f '. ` \ Q a \ / , � f p ` \ � LANES ■\ � � ' �U�;.?\ b `' / � /f / //a \ / ` I M 4' r/ /_\ / {T NO 4, �1 ' VAN'IN,- t f r fJ t � ` - r ., / 4 f1 1\ ■ / � � � ` .1 F. �!\ /' p it \ �qV / //i.1\ .'\_0 / / \� Its -ll ' , / / �, 1' 79t / / / a 11+ UI/ . �/ / / /1-, .t ,,./ " "3._.... .* ,/ i I I 1 <> ...." i -, . \''' -- -//‘ _ __ i,,,,,,. ,_„...,��.r f _ St( /f/' �f IVO 1 I' ',� XAnn ING \\\\,!* / I\•\ t r,� .— -∎ `'V 1 C\ 1/ I' '/ A _ — ' `1`�. c '�-�� \ ♦ �. \\ _ G \\ 3,..( c,..„ tTotre 14/C2(46,1 1 4".. i 5 C.U.P. Ansari k 4CA-1,64.0.. C.:.•^P) . —____ ' u.bmitted by Applicant -.,., . er-,4•4 1 • • I 3 % "/) ; • —/I t a N ..;- , . / 4',Z.loYe 4.....aa ' —L ,Z 07.I/•• • 4"e ,......---- ,,,,___. . •-•• - __ _ —__ .._ _.__..__. ____— / , ;' "l-3.. 0 . 4.• X`r..r- 73 4. a . , •/ ? -).\ i k ,--"-■ * -k. 0 i • et,, • ‘1.-2• ',...-- - • -'.., - ...•:., . -: .9 . / 1 ir . ."1 .'• 1 . i ...- :..) *4 .. / .....1 It . • •, . I - l i ..1,0 3, .•i- • %, • C.4% . 1 P NI ' .; 1 i• --'4 v 2,"9 4 V•-- A / • — I \ t 1. i 0.--: 1.:11 I ..I,/ ■ : • •7 s. / .. 1 • i 1 • ts. • ' 131:ir.,00." 't 4 I 0 . -t... .1._ :•■ .....% :,.) 't N . t 1 -..'• ,\ • • :) . i••• . . t ) s. ...k , 71. I ! ...c.. I • ... ........- I. •I 1•'. .r. I \. . . i i I .1 I ■ - 1 ■ I . 2 ,--, •—; i . • * i• r■ I r— 0::+ I‘ I . i i i 1 \ 1 • ' •,-7 1. I . • . 41 1 — - _7-, 1 , 1.. . t 7 i■ :. --t "• , /1 t i i ' N , • .- i -( r r• k •. -I . ;',', - r , : I •----,. , 4,. ,VeVii 0 --.( 1 f, v., ,. C ■ , \ .".."7/ . , . • -• . , q'N , I , r , . .• h...... II...____ 1 . I ‘ f P T L i 1 ■ L 111 ••C 0 % T. r .. 1 i \ • ,.,-1 , . ... , ; 2 i 1 •---. , .• l - ,s__ , 1 i _ . .,. 1 • I .- I . . ,.........--,- i , t t r • r I ----.1 . i------ \ ' i i .11 4, I — ..- —I—, •1 f 1 , 1 a • -i i I i I . : 1 .... . _ I --i••::::.. 7.---__ -} 4,,,,, •,...T,,..6 ....m....r E\ T i f s. _, 7c' m o TI -- e• ei.2c. (...( E Primary identification Signing Standards 15 • Submitted by Applicant • I A' --a I ....._ , - 27 =� .FS Sc. Fr. f ` tom-'> > F% ; / > Regular g � Retail Facility Service Modules to fit directly 1.00 below the Texaco Pri- mary Identifier 1-9 `.�.....�� hu0TO 2,S " Now Offering Super Unleaded REgDe-R 1 Q s.:i F 40oAla-D / - G Food d Mt Position heioht of ___l.__ Changeable'Price Message Moo Wes is variable accord- ing to local zoning requirement. 10' Recommenoed 8' Minim.m _ (::::2(-(...) .- G- T • .a -4 , C.U.P. 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CITY OF • • EAGAN Q Q. -1 SENT BY: 9- 1-93 ; 9:54 ;SEYERSON WILCOX SHEL-i 612 681 46124 2/ 3 Page 24/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24, 1993 HUSSEIN ANSARI - CONDITIONAL USE PERMIT Chairman Voracek opened the last public hearing of the evening regarding a Conditional Use Permit to allow an automobile service station and pylon sign in a CSC (Community Shopping Center) district on Lot 2, Block 1, Cedarvale 2nd Addition, located along the southeast side of Cedarvale Boulevard, north of Rahn Road, in the NB 1/4 of Section 19. City Planner Sturm noted that the proposed canopy sign area exceeds the maximum allowed under City Code. Hussein Ansari, the applicant, stated that the canopy sign size is required by Texaco and noted that another Texaco station in Eagan has the same sign. Mr. Ansaxi, noting that there are no other grocery stores in the Cedarvale area, stated that the proposed Texaco station will be more than just a convenience store and will have a fresh food deli. Member Miller suggested the Commission amend condition 13 which governs signage size requirements to exempt the applicant from the 20% sign area requirement for the canopy sign. He reasoned that the proposed canopy sign was not too big but that the building was too small. Member Merkley expressed concern that no building elevation plans were included in the Commission's packet. Miller moved, Heyl seconded, the motion to approve a conditional Use Permit to allow an automobile service station and pylon sign in a CSC (Community Shopping Center) district on Lot 2, Block 1, Cedarvale 2nd Addition, located along the southeast side of Cedarvale Boulevard, north of Rahn Road, in the NE 1/4 of Section 19, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County with receipt provided to the City. 2 . A one-time sign fee of $2 .50/sq. ft. shall be paid upon application for the sign permit. The pylon shall be no more than 27' tall with 101 sq. ft. or signage par side. 3. All signs, except the canopy sign, shall meet Sign Code requirements. C)2-41S2 R=95% 612 432 3780 09-01-93 10: 00AM P002 #13 SENT BY: 9- 1-93 ; 9:55 ;SEVERSON WILCOX SHEL-+ 612 681 4612;# 3/ 3 Page 25/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 24, 1993 4 . A landscape plan shall be reviewed and approved by staff prior to issuance of a building permit. 5. All landscaped areas shall be irrigated. 6. The developer is required to upgrade the existing parking lot to current City Code requirements prior to occupancy of the new automobile service station. 7. The development is required to construct a manhole on the sanitary sewer service line to the car wash at the property line of the site. 8. The trash enclosure shall be attached to the building and constructed of the same building materials. 9. Rooftop mechanical equipment shall not be visible from adjacent lots. 10. The vent pipes shall be located up through the canopy and away from the building. 11. The applicant shall submit to the City a building elevation plan for presentation to the City Council. All present voted in favor. ADJOURNMEWT Miller moved, Heyl seconded, the motion to adjourn the August 24, 1993 Advisory Planning Commission meeting at 11:15 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission a4 R=94% 612 4 2 3780 09-01-93 10 00A P003 #13