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01/19/1993 - City Council Regular
r AGENDA REGULAR MEETING EAGAN CITY COUNCIL r.AGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 19, 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 r. 1 1. Ordinance Amendment, Section 10.10, Dangerous Weapons and Articles IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS P (0 B. LI6 NSES, Plumbers g C. RESIGNATIONS, Commissions , (O D. FINAL PLAT, St. Thomas Becket Addition P 12, E. AGREEMENT, Joint Powers with Dakota County for 1993 Recycling Program Funding � � � F. RESOLUTION, Star City Recertification for 1993 t G p C. PROJECT 607, Approve Condemnation Agreement (Diffley Road - Thomas Rooney) • r3 H. AGREEMENT, Joint Powers (Traffic Markings & Street Sweeping) 34 I , PROJECT 648, Receive Petition/Order Feasibility Report, Plans & Specifications (West 1/2 of Ivy Lane - Streets & Utilities) tot.24 J. CONTRACT 92-05, Approve Change Order #2 (Oak Cliff 6th Addition - Utilities) •:245" K. CONTRACT 92-05, Final Payment/Acceptance (Oak Cliff 6th Addition - Utilities) P,�s L. VACATE Utility Easement, Receive Petition/Order Public Hearing (Lots 8 & 10, Sibley Temrinal Industrial Park) .2G M. RENEWALS, Pet Shop Licenses for 1993 V. 7:00 - 1993 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS (GREY) � '"1 A. Advisory Commission i•34 D. City Council Meeting Dates Appointments (Residents) p.34 E. Council Meetings/Presentation Guidelines P 19,53B. Acting Mayor J F. Standing Committee '.i)3C. Legal Newspaper ix 3 Appointments (Council) VI. 7:00 - PUBLIC HEARINGS (SALMON) 04.0 A. VACATE, Skyline Road Adjacent to Lot 11, Treffle Acres 1,B. PROJECT 601R, Lone Oak Road at Lexington Avenue (Intersection Improvements) P VII. OLD BUSINESS (ORCHID) 0.(43 A. EXTENSION, Preliminary Plat for Ss. Martha & Mary Episcopal Church n 1 t B. EXTENSION, Preliminary Plat for Best Brands Addition (/ ic2 C. STALKING Ordinance 7. I VIII. NEW BUSINESS (TAN) 44 A. APPLICATION, Recycling Progra,r , Dakota County Special Assistance Grant 1�(,B. VARIANCE, Sons Construction, of 3' to the Required 30' Setback from City Right-of-Way Pfor Lot 18, Block 4, Hills of Stonebridge, Located in the NE 1/4 of Sec 24 [tf‘C. VARIANCE, Factory Furniture Outlet, to Allow Signage to be Painted on Three Sides of ' the Building at 3820 Sibley Memorial Highway, Located on Lot PID# 10-01900-050-04 in the NE 1/4 of Sec 19 (p-D. PLANNED DEVELOPMENT AMENDM? "T, Engstrom's Deerwood 2nd Addition/Robert Engstrom Companies, Changing the Lar Use from Townhouse to R-1 (Single Family) Within the Er -trom's Deerwood Planned Development and a Preliminary Plat Consisting of Four Lots o proximately 2.7 Acres Located Along the South Side of Deerwood Drive in the SE 1 of Sec 21 Zq E. R:': :)NING, Four Oaks Estates/Rosewood Corporation, of Approximately 8.8 Acres from R-3 19/� (Townhouse) to E (Estate) and a PRELIMINARY PLAT Consisting of Four Single-Family Lots Located Along the North Side of Four Oaks Road in the NW 1/4 of Sec 9 �d(, F. PRELIMINARY PLAT, Town Centre 70 - 15th Addition/Eagan Tower Office Building Pt Partnership, Consisting of Approximately 16.5 Acres With One Lot and an Outlot for Future Development Located Along the East Side of Town Centre Road and the West Side of Denmark Avenue in the NW 1/4 of Sec 15 IX. ADDITIONAL ITEMS (GOLD) R. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) RI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEAT (tor those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status - status with regard to public assistance. Auxiliary aids for persons with disabilities 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: JANUARY 15, 1993 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 19, 1993 CITY COUNCIL MEETING At the January 5, 1993 regular City Council meeting, consideration of the minutes of the December 8, 1992 Special City Council meeting was continued to allow clarification of the motion approving Project 617R. Those minutes have been revised and are submitted for Council's approval. After approval is given to the January 19, 1993 City Council agenda and regular meeting minutes for the January 5, 1993 City Council meeting, the following items are in order for consideration. DEPARTMENT E ?BEAD BUSINESS A. POLICE DEPARTMENT Item 1. Ordinance Amendment, Section 10.10, Dangerous Weapons and Articles--Chief of Police Geagan requested that the City Attorney's office update the current City Code, Section 10.10 regarding dangerous weapons and articles to include weapons in reckless use that are n '.4.-part of the current code. Enclosed for the Council's information on pages through s a copy of a memo from Chief of Police Geagan including the revision to the ordinance which has been drafted by the City Attorney's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a revision to City Code, Section 10.10 dangerous weapons and articles. police department PATRICK J.GEAGAN 'OtitSif Chief of Police KENNETH D.ASZMANN city of eagan Operations Captain 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 THOMAS Mayor PHONE: (612)681-4700 TDD:(612)454-8535 PATRICIA CCREA FAX:(612)681-4738 PAMELA MCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator EUGENE VAN OVERBEKE City Clerk December 1, 1992 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: REVISION TO CITY CODE, SECTION 10.10 DANGEROUS WEAPONS AND ARTICLES I am requesting that the following ordinance that has been drafted by the City Attorney's Office be placed on the next City Council Agenda. This revision is an update and includes weapons and reckless use that are not part of the current code. Patrick ,J. Geagan Chief of Police \) PJG: lb Attachment THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirma ive Action Employer 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 AMENDING SECTION 10. 10 REGARDING DANGEROUS WEAPONS AND ARTICLES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10. 10, to read as follows: Sec. 10. 10. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Definitions. A. "Use" means, with respect to a weapon, to brandish assault with, threaten with, or otherwise employ in a manner calculated and likely to cause death, bodily harm, or the reasonable and immediate fear thereof. B. "Weapon" means, any device designed as a weapon and capable of producing death, bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death, bodily harm, or the reasonable and immediate fear thereof. "Weapon" includes, but not limited to, Chinese throwing stars, nun chucks, sharp stud, metal knuckles, sand club, switch blade knife, trench knife, butterfly knife, stiletto knife, or any double edged knife, and any firearm or gun or explosive. Subd. 2 . Firearms Regulation. The provisions of the Minnesota Statutes regulating firearms, and as they may be hereafter amended, are incorporated into this Section. It shall be a violation of this Section for any person to engage in any conduct proscribed in the incorporated statutes. Subd. -t 3 . Acts Prohibited. It is unlawful for any person to: A. Recklessly handle or use a gun or other dengeraus weapon or explosive so as to endanger the safety of another. Among the actions and circumstances that may support a reasonable belief that a person's conduct is reckless are the following: 3 41. 1. Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or 2 . Intentionally draw a loaded firearm from a pocket or from a holster, sheath, bag, or other container. Manufacture,., -er- sell., transfer, possess, carry or control for any unlawful purpose any weapon known as a as described in Subd. 1(B) ; -er-7 D. Manufacture, transfer or possesc metal -kRuakles - or a cwitch blade knifo opening automatically; orr ...C. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another and; -c -,- - D. Sell., transfer, carry, control or have in his/her possession any device designed to silence or muffle the discharge of a firearm; Permit, as a parent or guardian, any child under 14 years of age to handle or use, outside the parents or guardian's presence, a firearm or air gun of any kind or any ammunition or explosives; or.*_ -ki.F. Furnish a minor under 18 years of age with a firearm, air gun, ammunition or explosive without the written consent of his parent or guardian or of the police department. etar, nun chuck or charp ctud. For the purposes of this -subparagraph, (1) a "throwing etas" means a cireula-r metallic dcvioc with any number of points projecting fruiu rn1 1 i ;� rods separated by ^hain links Ott°^heA }e en ni- cix^ular piece of metal attachcd to a wrist band, glove or 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. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 5- Agenda Information Memo January 19, 1993 City Council Meeting CONSENT AGENDA There are ten (10) 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. Temporary Accountant--Due to the high volume of work required currently related to the conversion of the City's computerized financial system, it was the recommendation of Finance Director VanOverbeke that an accountant be hired temporarily to assist. Because the need was immediate, the City Administrator used his previously approved authority to hire seasonal and temporary employees to approve the hiring of Kenneth Damlo as a temporary accountant. This position is expected to last approximately four to six weeks. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the appointment of Kenneth Damlo as a temporary accountant. Item 2. Clerical Collective Bargaining Agreement--The bargaining committee for Teamsters Local 320, Clerical Bargaining Unit, will be presenting the City's latest proposal to the unit as a whole on Tuesday, January 19, 1993 at 4:30 p.m. If the unit votes to accept the proposal, it would be in order for the Council to approve the items for the 1993/1994 collective bargaining agreement with the clerical unit as proposed to this unit. (Note: If the unit does not approve the contract, it will be necessary to further discuss this item in executive session at the next City Council meeting.) ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993/1994 collective bargaining agreement with the clerical unit or to continue this item to the February 2, 1993 City Council meeting. PLUMBERS LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page '7 is a list of those contractors whose applications are in order for approval at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. CO PLUMBER LICENSES FOR APPROVAL - YEAR 1993 1. ALTA, LTD. DBA ALTA MECHANICAL 2. BONFE'S PLUMBING SERVICE & REPAIR INC. 3. EASCO PLUMBING & HEATING 4. GARDNER STONE CO. 5. GENERAL PLUMBING & HEATING, INC. 6. RAYMOND E. HAEG PLUMBING, INC. 7. JERRY'S PLUMBING 8. MCDONALD PLUMBING SYSTEMS, INC. 9. MATTHEW DANIEL, INC. 10. JIM MURR PLUMBING INC. 11. RIDGEDALE PLUMBING 12. SALZER PLUMBING 13. SCHERER PLUMBING 14. SOUTHTOWN PLUMBING INC. 15. STAR PLUMBING & EXCAVATING INC. 16. VALLEY PLUMBING CO. INC. For January 19, 1993 meeting Agenda Information Memo January 19, 1993 City Council Meeting COMMISSIONS RESIGNATIONS C. Resignations, Commissions--The City has received letters of resignation from two members of the Economic Development Commission. Those members are Debra . McMartin and Cynthia Luse-McKeen. A Copy of Debra's letter is enclosed on page . Cynthia's letter was submitted in the fall of last year. Replacements for these Commission members will be considered under Organizational Business later in the January 19, 1993 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignations of Debra L. McMartin and Cynthia Luse-McKeen from the Economic Development Commission. 7 MINNESOTA Department of Revenue Special Taxes Division Mail Station 3331 St. Paul, 55146-3331 Phone(612)297-1882 Fax(612)297-1939 (800)657-3618 December 31, 1992 Tom Hedges City Administrator Eagan Municipal Center 3830 Pilot Knob Road Eagan. MN 55122 Dear Tom: I have just been appointed Assistant Commissioner for Tax Policy at the Department of Revenue. The requirements of my new job mandate that I resign my position as a commissioner on the Economic Development Commission. I do so with great regret. I believe very strongly in the efforts we have been making to refine the role of the commission, and look forward to hearing about their progress. I have enjoyed my time with the group, and working with you and your staff. Please give them all my best. Sincerely, {71/ 2/0//72,,1 ( ( Debra L. McMartin 1n(°gw1l oppos cmplowl Agenda Information Memo January 19, 1993 City Council Meeting ST THOMAS BECKET FINAL PLAT D. Final Plat, St. Thomas Becket Addition--The applicant and City staff are in the process of finalizing documents relative to the St. Thomas Becket Addition. If these items are completed and executed in time for next Tuesday's meeting, they will be in order for consideration by the City Council. If not, staff will recommend continuance of this item at the time of agenda adoption. For a 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 the final plat for St.Thomas Becket Addition as presented. --w 0 N o Z. N +Q to Qw\ Op h•NNC N O w Z Z 0: Mr..), N?w. I—c0 t )--30 1n +'1,1 cJ,\ 0 d zOw2 O — Cz O Zm W JLU N „a ill coImLay, I— 4 0 e1p 76001L) O -` ;a$ Q Z,R O£ w O. a rn z Its Z0 c w — � -J Z 4 N O 0 \Y O . Z H Q 1- Z I- Z Z 1.4.1 t...1 w0 0 N 0 z SZ '03S 40 ♦/t 3S 3611 40 1,/l 3N 3N1 40 3Nf1 1SV3—\ Z6'0Zf t \ 0 • 3 •OZ.90.00 S 1 I 1 ppp .. 1 mvlz b. r ( t I i, t �WZ� 3 A� �, No O ZpWN h� 3p ) 11 3 .. [� \nv �n g' 0 �t�� '��iJ n_ l I.���~ to it I-- iii-J nrn c .,_,.4..;15 N Z V Z N • / Q o f 0....4 J 1 I J [ 01 U yO Z� A ) J CO '15th N 20NOS MEM 'O I �j��IJdI 3y �, A 00 irt 4#1 --- �i V Y� Y tli INi S o�d51x3 zT���ruo3) '¢� ---- X 81 MI j 3.1aKJp+-",w_Jl 3 .}60y0000 N W W ----- K 111.J n •mM3woa ON A V _ . . _ • ---� �,Y. OIH xnrni '''.cc g�4 ,ovw. i .mx-3 x.991I r �� Y g 1 • Cn .urn•n..w.10«- 3 X3,30.0 w '" r 3 WI- L . �;� 10 aa2 to :s VI .f . •"'J.. ';, ! �`% � i TORE8 J a o �40 ! i ''c\� Z y# 31i 4 CO UN 1 z pp -���-•S1-:'- 14,1^ =, `� u P �� ry 1 14 "!O.: Y_' } ti,„ I \.,\ 3 1 M -3 .910 A�y i t ai gg Ir.CI .tr w tp U Oz p3 $ f: CM ?� yv ,.4 1 it - 4 \ ^ 6 Yr )�; b s1-n,o.-� 3 y5 y•A II ▪ 117. kl.:7,...,AC 4..•p I '� YC,t�� •;',4 11 r`' 0, Y S ,-'''' / �f3 • `/ 1, • K t,+• 0.C2� It r 1. _.1--- '_ --, .. mm. mnlr _. • �,ar •`...zs3,� si �� M .C'Z,t0.00 N t- .\\ I 9z'335 JO 1/1 35 331/i0 o' —... d § •'ZS ''i I f/1 3N 33u 40 3Nfi 153M I �. j': 1 P 3e I ua1 S ___ i --. Agenda Information Memo January 19, 1993 City Council Meeting 1993 RECYCLING PROGRAM FUNDING JOINT POWERS AGREEMENT E. Agreement,Joint Powers with Dakota County for 1993 Recycling Program Funding--The joint powers agreement for the City's allocation from Dakota County's Landfill Abatement Fund is in order for consideration by the Council. The agreement covers funding which has been budgeted for solid waste abatement and recycling activities as a part of the 1993 budget process. In general terms, the funding proceeds can be used for administration of the City's recycling and waste abatement programs, education and promotional activities to encourage and enhance waste reduction and recycling participation. A copy of the agreement covering the City's proposed activities for 1993 will be distributed at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the joint powers agreement for Dakota County for the City of Eagan's 1993 Recycling Program funding as presented. • /col" Agenda Information Memo January 19, 1993 City Council Meeting STAR CITY RECERTIFICATION F. Resolution, Star City Recertification for 1993--The City is in the process of completing its recertification requirements for its Star City designation for 1993. As a part of that process, it is necessary to forward a resolution to the Minnesota Department of Trade and Economic Development outlining the City's interest in maintaining its certification and commitment to economic development activities consistent with the program. For a copy of the resolution, please refer to page pf . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution regarding the City's Star City recertification for 1993 as presented. i CITY OF EAGAN RESOLUTION AS A STAR CITY FOR 1993 WHEREAS, the City of Eagan fulfilled the initial development requirements to receive Star City designation in 1985 for its commitment to economic development, and; WHEREAS, the City of Eagan has been recertified as a Minnesota Star City yearly since initial designation in 1985, and; WHEREAS, the City of Eagan utilizes a citizen advisory group, the Economic Development Commission, to study, evaluate and work to improve the local economy through policy recommendations to the City Council, and; WHEREAS, the City of Eagan recognizes that the present rate of growth requires planned and coordinated effort to ensure appropriate economic development, and; WHEREAS, the City of Eagan has been, is currently, and will continue to pursue policies to ensure appropriate economic development, and; WHEREAS, the City of Eagan seeks to develop a diverse and stable local economy, and; WHEREAS, the City of Eagan formally adopted its current Economic Development Masterplan on August 6, 1991, and is committed to continue its implementation, and; WHEREAS, the Eagan Economic Development Commission is in the process of developing action plans to carry out that Masterplan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan hereby requests recertification for 1993 as a Star City from the Minnesota Department of Trade and Economic Development. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. 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 19th day of January, 1993. E. J. VanOverbeke, City Clerk 1 `� Agenda Information Memo January 19, 1993, City Council Meeting APPROVE CONDEMNATION AGREEMENT (DIFFLEY ROAD - THOMAS ROONEY) G. Project 607,Approve Condemnation Agreement (Diffley Road - Thomas Rooney)--In accordance with the Cooperative Construction Agreement with Dakota County, the County is the lead agency in acquiring all easements and rights-of-way necessary for the improvement of Diffley Road, with the City to provide reimbursement at 45% of the costs incurred. Under this process, the iperforms formal appraisals, makes offers to the affected property owners and negotiates an equitable settlement. Because this all falls under the jurisdiction of the previously approved cooperative agreement, the City is not required to approve each and every acquisition agreement as long as it is within the realm of the appraised value. However, Mr. Thomas Rooney, owner of a parcel on the north side of Diffley Road at the western edge of the project, has requested that a separate 3-way agreement be entered into as a condition of accepting the County's offer. Enclosed on pages /(4 through 19 is a copy of that agreement which is being presented to the City Council for their consideration. The Public Works Director and City Attorney have both reviewed this agreement and found it to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Condemnation Agreement for Parcel 10-02200-012-86 (Thomas Rooney) for Project 607 (Diffley Road Reconstruction) and authorize the Mayor and City Clerk to execute all related documents. f v 6£# ZOOd Nid£i :ZO £6-9i—I0 08L£ Z£T ZI9 %96=?I CONDEMNATION AGREEMENT This Condemation Agreement is intended to set forth the agreements between Thomas J. Rooney and Barbara 'J. Rooney (herein owners) and the County of Dakota and the City of Eagan (herein Condemnors) . The Condemners will pay the Owners $9,900.00 for the permanent and temporary Highway Easements shown on Exhibits A and e attached hereto and $18,650.00 for the temporary and permanent Utility Easements shown on Exhibit C attached hereto. The Condemners will also reimburse the Owners for $500.00 in appraisal expenses incurred by the Owners with Mr. Richard Parranto of Hemline Twin City Realtors. The closing will occur on or before January 31, 1993. The easements will be in the forms attached as Exhibits A through C and will be properly executed by both owners. The Condemners will require the contractor constructing the utility easement improvements to abide by the provisions of the Third Paragraph of §02451 of the attached ADDITIONAL SPECIFICATIONS FOR SANITARY SEWER WATERMAM AND APPURTENANT WORK, attached as Exhibit D, reading as follows: ',The contractor shall use a construction box to excavate material and install the storm sewer pipe between manholes 3 and S (as shown on the attached Exhibit E) to minimise the limits of excavation.„ The Condemnors will require the contractor constructing the 1 C.D tt/Z #!N9T7 199 N9 -213I-IS XOTIIM NOS 33! NdN:S £6-91-I :JAB 1N3S 6£# £00d Nid£T :ZO £6-9i-i0 08L£ Z£fi ZI9 %96=g utility easement improvements not to remove any tree unless approved by the engineer and will retain in the contract documents for the utility easement construction the OSM plan note from Plan Sheet 13 (Exhibit E) reading, "CONTRACTOR SHALL NOT REMOVE ANY TREE UNLESS - APPROVED BY ENGINEER.„ • The Condemnors have marked with an X on Exhibit E the trees intended to be removed in connection with the construction of the utility easement improvements. Removal of the trees so designated is agreed to by the Owners. No other trees, excepting trees less than 10" in trunk diameter (d.b.a. ) , shall be removed from within either the permanent or temporary easement area. All trees shall be cut into 16' or less lengths and stacked outside the construction limits. The cut trees shall remain the property of the Owners. The tree trimmings shall be removed by the Condemnor. Upon the completion of the construction the Condemnor shall furnish and install a woven wire fence along the entire westerly line of the utility easement. The fence shall be of the same type and construction as the fence constructed on the East line of the Owner's property by Anthony capani, but shall not contain any barbed wire. This Condemnation Agreement and the attached Exhibits contain the entire agreement of the parties relating to the 2 l � TT/0 #!�i9t T89 �T9 4--OHS XOCTIM NOS 4dCT:S ! 66-ST-T !AS INDS 6£# 1700d Wd£I :ZO £6-9i-i0 08L£ Z£, ZI9 %g6=21 takings. There are no agreements that are not set orth herein. Dateds December 23, 1992. - 7/, 'Z',C&d y" Thomas J. Roney Barbara J. Rooney /z - 2- �. Dated: 199 County of Dakota: By Its Dated: , 199_. CITY OF EAGAN By Its 3 1 'F TT/I #:ZT9t T89 ZT9 4- 1S X00-11M .tic ° NET:e : E6-21-T :Afl 110S 6£# II0c1 WdEI :ZO C6—SI—TO 08L I9 %96---H • _1 10 Isl V,'... 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I •• Ari4h.t....... Ne •.—=----...?" I cl, ----- - ' I "--- • -r— --i-I' RX14113TT Fi: IT/TI#! i9t TR9 T9 (-1314S X0011M NiCS3A3S! r't- • ! G6—SI—I :AB IN3S Agenda Information Memo January 19, 1993, City Council Meeting APPROVE JOINT POWERS AGMT (TRAFFIC MARKING & STREET SWEEPING) H. Approve Joint Powers Agreement (Traffic Marking & Street Sweeping)--The cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount and Savage annually enter into a Joint Powers Agreement for collective bidding of traffic markings, street sweeping and seal coating contractual services. The collective quantities of all communities many times produce favorable unit bid prices for these services through the economies of scale theory. However, because the City of Eagan has a significant quantity of seal coating with a localized modified specification for material, we are able to get bids at a more favorable rate than through this joint powers collective bidding process. Subsequently, it is the Superintendent of Streets' recommendation that the City of Eagan enter into the Joint Powers Agreement as it pertains to traffic markings and street sweeping contractual services only. Enclosed on pages t through is a copy of the Joint Powers Agreement being presented for Council approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993 Joint Powers Agreement for traffic markings/street sweeping and authorize the Mayor and City Clerk to execute all related documents. JOINT POWERS AGREEMENT BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE ROSEMOUNT AND SAVAGE FOR 1993 TRAFFIC MARKINGS, STREET SWEEPING & SEAL COATING AGREEMENT made this day of , 19 by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount and Savage. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount and Savage utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, and seal coating services. 2 . Apple Valley, Eagan, Lakeville, Rosemount and Savage shall provide to Burnsville the estimated quantities for these services in each respective community and shall also approve the bid documents. 3 . Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville, Rosemount and Savage and upon their approval, award the contract pursuant to State Law. Page Two (JPA) BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT & SAVAGE 1993 Traffic Markings, Street Sweeping & Seal Coating 4 . Each city shall be responsible for: ---Preparing maps showing the proposed locations for these services including estimating the quantities. ---Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. ---Inspecting the contractor's work, measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. 5. In accordance with the specifications, the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the Contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount and Savage and each of them, indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley, Eagan, Lakeville, Rosemount and Savage further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. Page Three (JPA) BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT AND SAVAGE 1993 Traffic Markings, Street Sweeping & Seal Coating 7. This agreement can be terminated on the part of any individual city by giving 60 days notice to the other five cities, otherwise the agreement will automatically terminate on October 31, 1993. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Mayor BY: Manager Date: CITY OF APPLE VALLEY BY: Mayor BY: Clerk Date: CITY OF EAGAN BY: Mayor BY: Clerk Date: CITY OF LAKEVILLE BY: Mayor BY: Clerk Date: • CITY OF ROSEMOUNT BY: Mayor BY: Clerk Date: CITY OF SAVAGE BY: Mayor BY: Clerk Date: Agenda Information Memo January 19, 1993, City Council Meeting RECEIVE PETITION/ORDER FEASIBILITY REPORT. PLANS & SPECIFICATIONS (WEST-HALF OF IVY LANE) I. Project 648,Receive Petition/Order Feasibility Report,Plans&Specifications (West- Half of Ivy Lane - Streets & Utilities)--The City has received a petition from the developer of the Woodlands North subdivision requesting the City to install the required streets and utilities along the west-half of Ivy Lane under a City contract. In addition to the feasibility report,the developer has requested the simultaneous preparation of plans and specifications. With the petition, the developer has guaranteed all costs associated with this process if for some reason the project is not approved as a result of the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 648 (West Half of Ivy Lane - Streets & Utilities) and order the preparation of a feasibility report, plans and specifications. APPROVE CHANGE ORDER #2 (OAK CLIFF 6TH ADDN) J. Contract 92-05,Approve Change Order#2 (Oak Cliff 6th Addition - Utilities)--This Change Order was necessary due to the developer's noncompliance with the approved grading and drainage plan resulting in the City installed utility structures being adjusted/raised to meet the new grade resulting from the development of the Super America site within this subdivision. (Add $2,384.85). All costs associated with this Change Order will be added to the cost of the utility installation and assessed fully against the benefitted property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 92-05 (Oak Cliff 6th Addition - Utilities) and authorize the Mayor and City Clerk to execute all related documents. Q.4 Agenda Information Memo January 19, 1993, City Council Meeting FINAL PAYMENT/ACCEPTANCE (OAK CLIFF 6TH ADDN & WILDERNESS PONDS) K. Contract 92-05, Final Payment/Acceptance (Oak Cliff 6th Addition & Wilderness Ponds - Utilities)--The City has received a request from the contractor for final payment for the improvements performed under the above-referenced contract. All inspections have been performed by representatives of the Public Works Department and found to be in compliance with City prepared plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fourth and final payment to Contract 92-05 (Wilderness Ponds & Oak Cliff 6th Addition - Utilities) to Ryan Contracting, Inc., in the amount of $9,997.80 and authorize acceptance for perpetual maintenance subject to appropriate warranty provisions. VACATE UTILITY EASEMENT. LOTS 8 & 10, SIBLEY TERMINAL INDUSTRIAL PK L. Vacate Utility Easement,Receive Petition/Order Public Hearing (Lots 8& 10, Sibley Terminal Industrial Park)--The City has received a petition from the affected property owner requesting the vacation of an existing utility easement and the subsequent relocation of a storm sewer line to accommodate a building expansion over the common lot line. All application materials have been reviewed and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a utility easement between Lots 8 & 10, Sibley Terminal Industrial Park, and schedule a public hearing to be held on February 16, 1993. Agenda Information Memo January 19, 1993 City Council Meeting PET SHOP LICENSE RENEWALS M. Renewals, Pet Shop Licenses for 1993--The City Code requires that all pet shops operating within the City of Eagan be licensed on at least an annual basis. Animal Control Officer Gilbertson has visited each of the pet shops to be considered to determine that they meet licensing regulations. The three pet shop licenses to be considered are Town Centre Pets, Heartland Pets and Walmart. These licenses should be approved conditioned upon payment of the license fee. ACTION TO BE CONSIDERED ON THIS ITEM: To approve pet shop licenses for 1993 for Town Centre Pets, Heartland Pets and Walmart conditional upon payment of the 1993 license fee. C714 Agenda Information Memo January 19, 1993, City Council Meeting 1993 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS Each calendar year Organizational Business is considered at the second regular City Council meeting during the month of January. Those items that require the specific action of the City Council include: A) Advisory Commission Appointments, B) Acting Mayor, C) Legal Newspaper, D) City Council Meeting Dates, E) Council Meetings/Presentation Guidelines, and F) Standing Committee Appointments (Council). A. ADVISORY COMMISSION APPOINTMENTS: There are six (6) advisory commissions that make recommendations to the City Council. Those commissions are as follows: Advisory Planning Commission Advisory Parks, Recreation & Natural Resources Commission Airport Relations Committee Economic Development Commission Joint Burnsville/Eagan Cable Commission Solid Waste Abatement Commission Advertisements were placed in the City-wide newsletter and local newspapers during the month of December indicating that vacancies existed on certain advisory commissions. Letters were received from over 32 residents seeking either reappointment or appointment to an advisory commission. All residents, including those currently serving on a commission, were given notice and invited to participate in an interview with the City Council on January 12, 1993. The Council interviewed 26 individuals. There were five interviewees on Tuesday who indicated an interest in changing either the number of committees or commissions they were interested in serving on or their order of preference. Those persons were: Tim Worke, (APC, EDC) James Green (APC, EDC, ARC) Karl Oestreich (APC, EDC) Roy Wallace (APC, Cable, APRNRC) Stephen Thompson (APRNRC, SWAC) The method for appointing Commission members is to use a ballot offered and distributed by the City Administrator. For example, a ballot will be distributed to each member of the City Council for Advisory Planning Commission appointments. Since there are two (2) vacancies for three-year terms and one (1) vacancy for the one-year alternate term, the Council will vote for a number of candidates to fill those vacancies. It is suggested that the City Council vote for two or possibly three candidates on one ballot, with the third person (receiving at least a majority) becoming the alternate. An alternate method would be to Agenda Information Memo January 19, 1993, City Council Meeting vote separately for the three-year vacancies and the alternate. It is required by law that each City Councilmember initial their ballot and the City Administrator will act as the custodian of ballots, announcing the votes for each commission appointment. A commission appointment requires a majority vote by the City Council. 1. Advisory Planning Commission--The Advisory Planning Commission meets the fourth Tuesday of each month to review development plans and make recommendations to the City Council. The three year terms of Gary Graves and Scott Merkley expired on December 31, 1992, therefore creating two positions on the Advisory Planning Commission for three (3) year terms. There is also a one-year alternate position, created by the expiration of alternate Shawn Hunter's term on December 31, 1992. Scott Merkley is applying for reappointment to a three year term. Those applying to the Advisory Planning Commission are: Present Members Meetings Missed Scott Merkley March. June Applicants & Commission Choices in Order of Preference Al Bachel (ARC, APC) James J. Green (APC, EDC, ARC) Carla Heyl (APC) Gunnar C. Isberg (APC, APRNRC) David Medernach (APC, APRNRC) Gary Morgan (EDC, APC, ARC) Karl W. Oestreich (APC, EDC) Kenneth A. Pirkl (EDC, APC, Cable, ARC) John Rudolph (APRNRC, APC) David Szott (APRNRC, APC, SWAC) Patricia Todd (ARC, APC, APRNRC) Roy Wallace (APC, Cable, APRNRC) Tim Worke (APC, EDC) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms and one appointment for a one (1) year alternate position. 0 Agenda Information Memo January 19, 1993, City Council Meeting 2. Advisory Parks, Recreation & Natural Resources Commission--The Advisory Parks, Recreation and Natural Resources Commission meets the first Tuesday of each month to advise the City Council regarding park dedication by developers,purchase of additional park land and City recreation programs. The positions of Erin Ipsen-Borgersen and Jonathan Widem expired on December 31, 1992. Their positions are three year terms. In addition, the one-year alternate position is available with the expiration of Kevin Knight's alternate term on December 31, 1992. Erin Ipsen-Borgersen, Jonathan Widem and Kevin Knight are applying for reappointment. Therefore, those applying to the Advisory Parks, Recreation, and Natural Resources Commission are: Present Members Meetings Missed: Erin Ipsen-Borgersen March. June. August. Sept. October Jonathan Widem December Kevin Knight (Alternate) None Applicants & Commission Choices in Order of Preference Wendell Carlson (APRNRC) Frankie Hall (APRNRC) Gunnar C. Isberg (APC, APRNRC) David Medernach (APC, APRNRC) John M. Powell (APRNRC) Kenneth J. Rohlf (APRNRC) John Rudolph (APRNRC, APC) Jeffrey D. Schuetz (EDC, APRNRC) David Szott (APRNRC, APC SWAC) Stephen C. Thompson (APRNRC, SWAC) Patricia Todd (ARC, APC, APRNRC) Roy Wallace (APC, Cable, APRNRC) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms on the Advisory Parks, Recreation and Natural Resources Commission and one (1) appointment for one (1) year as the alternate member of that Commission. Agenda Information Memo January 19, 1993, City Council Meeting 3. Airport Relations Commission--The Airport Relations Commission regularly meets the second Tuesday of each month to review airport issues within the City of Eagan and to recommend airport related policy to the City Council. The term of Robert Havenstein expired on December 31, 1992, leaving one (1) position open for a three (3) year term. Two positions for the one year alternates, previously held by Bob Cooper and Pat Todd, are also open. The City encourages residents from airport noise affected neighborhoods and representatives from the business community to be a part of this Commission. It should be noted that the Airport Relations Commission exists at the discretion of the City Council without formal authorization in the City Code. Robert Havenstein has elected not to reapply because of time constraints; however, Bob Cooper and Pat Todd have both requested reappointment to the Commission. The applicants for the Airport Relations Commission are: Present Members Meetings Missed: Robert Cooper October Pat Todd July (Ms. Todd Also Applied for ARC, APC, APRNRC) Applicants & Commission Choices in Order of Preference Al Bachel (ARC, APC) Barbara J. Boelter (ARC) James J. Green (APC, EDC, ARC) Gary Morgan (EDC, APC, ARC) Kenneth A. Pirkl (EDC, APC, Cable, ARC) ACTION TO BE CONSIDERED ON THIS ITEM: To make one (1) appointment for a three (3)year term and two (2) appointments for two, one-year, alternate positions. Monson 4. Joint Burnsville/Eagan Cable Communications Commission--The Cable Communications Commission meets the second Thursday of each month to oversee the administration of the Joint Burnsville/ Eagan Cable Television System. The three year terms for Nick Choban and Susan Shaffer have expired as of December 31, 1992, and the one-year alternate term for Michael Guncheon expired on December 31, 1992. Mr. Guncheon has not applied for reappointment. Those applying for a position on the Joint Burnsville/Eagan Cable Communications Commission are: 36 Agenda Information Memo January 19, 1993, City Council Meeting Present Members Meetings Missed: Nick Choban January, June Susan Shaffer None Applicants & Commission Choices in Order of Preference Kenneth A. Pirkl (EDC, APC, Cable, ARC) Roy Wallace (APC, Cable, APRNRC) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three years and one (1) appointment to the one-year alternate position on the Cable Communications Commission. 5. Economic Development Commission--This Commission functions to promote the City of Eagan's commercial-industrial climate, to recommend general policy direction and to advise the City Council on matters pertaining to industry and commerce. The Commission members each represent certain defined categories which are: Corporate - Larry Wenzel Industrial - Thomas Korsman Financial - Kirk Duholm Development - Patrick Grinde Media - Cathy Matuszek Utility - Eldon Johnson Public - Roger Hughes Service - Vacant (previously held by Debra McMartin) General Business - Vacant (previously held by Ms. Luse-McKeen) Small Business - Tom Pederson The three-year terms for the Utility, Corporate, and Financial Sectors, currently held by Eldon Johnson, Larry Wenzel, and Kirk Duholm, respectively, have expired. Because Mr. Wenzel has served three, consecutive three year terms, he is not eligible for reappointment; however, both Mr. Johnson and Mr. Duholm have applied for reappointment. In addition, with the recent resignations of Cynthia Luse-McKeen and Debra McMartin, there are vacancies in the General Business Sector and the Service Sector, respectively. Both Ms. Luse-McKeen and Ms. McMartin had one year remaining on their three-year terms. This Commission exists at the discretion of the City Council without formal authorization in the City Code and terms are on a staggered, three-year basis. 3 � Agenda Information Memo January 19, 1993, City Council Meeting Those applying for appointment to the Economic Development Commission are: Present Members Meetings Missed: Eldon Johnson (Utility Sector) May, July, October Kirk Duholm (Financial Sector) February Applicants & Commission Choices in Order of Preference James J. Green (APC, EDC, ARC) Gary Morgan (EDC, APC, ARC) Karl W. Oestreich (APC, EDC) Kenneth A. Pirkl (EDC, APC, Cable, ARC) Jeffrey D. Schuetz (EDC, APRNRC) Tim Worke (APC, EDC) ACTION TO BE CONSIDERED ON THIS ITEM: To make three appointments for three- year terms to fill vacancies in: 1) the Utility Sector, 2) the Corporate Sector, and 3) the Financial Sector of the Economic Development Commission and two appointments for the remaining year of three-year terms previously held by 1) Cynthia Luse-McKeen in the General Business Sector and 2) Debra McMartin in the Service Sector. 6. Solid Waste Abatement Commission--The Solid Waste Abatement Commission meets the fourth Tuesday of each month to review waste management issues and policies which include the Eagan recycling program. Members include business and hauling community representatives and residents. Last year the City Council established regular terms for an equal number of representatives from the residents and businesses on a staggered basis consisting of two, three-year terms; two, two-year terms; two, one-year terms; and one, one- year alternate term. As these terms expire they will be filled for three years with the exception of the one-year alternate. The one-year appointments, including the alternate, expired as of December 31, 1992. Dennis Seiz was appointed to a one-year, resident term, Craig Seim was appointed to a one-year, business term, and Dan Breva, resident, was appointed to the one-year alternate position. Mr. Breva has reapplied. Because the Commission prefers to keep a good mix of representatives from the residential, business and hauler communities, it should be noted that of the members who are not up for reappointment, three are residents, two are from business, and one represents the haulers. 32. Agenda Information Memo January 19, 1993, City Council Meeting Those applying for a position on the Solid Waste Abatement Commission are: Present Members Meetings Missed: Dan Breva (Alternate) May, October Applicants & Commission Choices in Order of Preference Russ Stauffer (Resident) (SWAC) David Szott (Resident) (APRNRC, APC, SWAC) John Tapper (Business) (SWAC) Stephen C. Thompson (APRNRC, SWAC) James Weinzettel (Hauler)(SWAC) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three years and one (1) appointment for the one-year alternate position for the Solid Waste Abatement Commission. ACTING MAYOR B. Acting Mayor--There is a statutory requirement for City Code cities that a member of the City Council be appointed as acting mayor. All Councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Egan at City Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. LEGAL NEWSPAPER C. Legal Newspaper--It is a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The statute specifically states that a City can only designate a legal newspaper of general circulation in the City as its official newspaper. Published during the year are such items as those required by law to be published and such other matters that the Council may deem advisable and in the public interest to be published. Those items include, but are not limited to the following: City Code amendments, annual financial statements, Council proceedings, notice of elections, resolutions, regular and special meeting agendas. 3 3 Agenda Information Memo January 19, 1993, City Council Meeting The City has received two (2) proposals. One from This Week Newspapers and the other from Minnesota Sun Publications. The proposals submitted by the newspapers are enclosed on pages ?j' ") through _39 . The Dakota County Tribune's quote is more favorable to the City and includes free reprint of legals and minutes in the This Week. The publication deadlines and actual distribution of This Week provides a better time line for _ submitting legal notices and agendas by City staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve retaining either This Week Newspapers or the Minnesota Sun Publications as the City of Eagan's official, legal newspaper. CITY COUNCIL MEETING DATES D. City Council Meetings--Each year the City Council must designate days and times specifically for the purpose of holding regular City Council meetings. In years past, the City has met on the first and third Tuesday of each month at 6:30 p.m. s of each month are so designated, it will be necessary to If the first and third Tuesdays ry Y g change three (3) dates due to: 1) April 6 beginning of Passover; 2) the May 18 School Board Elections in Districts #196, #197, and #191; and 3) the November 2 General Election. The election day meetings can either be changed or held as scheduled but with no action being taken until after the polls have closed at 8:00 p.m. ACTION TO BE CONSIDERED ON THIS ITEM: To designate 1) days and times for official City Council meetings and 2) alternate dates for the three conflicting meeting dates. CITY COUNCIL MEETINGS/PRESENTATION GUIDELINES E. Council Meetings/Presentation Guidelines--The City Council welcomes the public to all Council meetings, workshops, and hearings and they are encouraged to express their opinions during those meetings. To keep the agenda moving smoothly, the Council has adopted basic guidelines for making presentations before the Council. The purpose of the guidelines is: 1) to provide for a more orderly meeting, 2) to provide equal and adequate time for review and consideration of agenda items, 3) to provide equal rights to all members of the public who address the presiding officer, and 4) to provide the City Council with an equal and rational approach to all decisions. Therefore, it is suggested that the City Council again adopt the following guidelines as they are presented or modify them for the conduct of 1993 City Council meetings: 1. Persons attending a City Council meeting may address the Council at the appropriate time that a specific item is listed on the agenda. V I Agenda Information Memo January 19, 1993, City Council Meeting 2. When addressing the Council, the presenter shall stand at the podium and begin their presentation by clearly stating their name and address. 3. All persons who speak shall address the presiding officer. 4. At public hearings, all questions and remarks from the audience are limited to four (4) minutes and shall be addressed to the presiding officer. Each person is limited to one turn and the presiding officer may use his discretion whether to allow repeat statements from the same person. 5. Presentations concerning items will be heard only upon approval of the presiding officer. 6. To help maintain order, applause or other unnecessary disturbances are discouraged. 7. Petitions shall be presented to the City Administrator. 8. Members of the audience are encouraged to speak before the Council but they cannot make motions or otherwise participate in the meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or modify the foregoing guidelines for public presentations made before the City Council. COMMITTEE APPOINTMENTS (COUNCIL) F. Committee Appointments (Council)--Standing committees of the City Council have been used sparingly in recent years to examine a specific topic or subject matter at the request and direction of the City Council. The standing committees consist of two (2) members of the City Council and can act only in an advisory capacity to the City Council as a whole. The sole purpose of the standing committee is fact finding. In some cases the standing committee may meet several times during a calendar year and in other cases may only meet once or merely provide telephone consultation to the City Administrator. The standing committees appointed for 1992 consisted of the following: Finance Committee, Councilmembers McCrea(Chair)and Pawlenty;Public Works Committee,Councilmembers Wachter (Chair) and Mayor Egan; and Personnel Committee, Councilmember Awada (Chair) and McCrea. Historically, the Mayor has made the appointments to the standing committees. In addition to the standing committees, it is the City Council's desire to appoint a member of the City Council to serve as: 1) the City's representative on the Minnesota Valley Transit Authority Board and 2) as the Liaisons between the City and School Districts #191, #196, Agenda Information Memo January 19, 1993, City Council Meeting and #197. In the past, appointments other than the standing committees have been made by Council consensus. ACTION TO BE CONSIDERED ON THIS ITEM: 1) For Mayor Egan to appoint Councilmembers to serve on various standing committees and 2) for the Council to appoint - members to serve as: a) the Eagan representative on the MVTA Board, b) the School District #191 Liaison, c) the School District #196 Liaison, and d) the School District #197 Liaison. 3(4). THISWEEK NEWSPAPERS DAKOTA COUNTY TRIBUNE, INC. December 23 , 1992 8 J v City of Eagan P .O. Box 21199 Eagan , MInnesota 55121 To the Mayor and City Councilmembers: We would like once again to serve as the legal newspaper for the City of Eagan. As the leading publication in this area , we feel it ' s important to provide our readers with the cities legal notices in ad- dition to the news stories , feature stories and photographs of local events that we offer each week'. The Dakota County Tribune has been your official newspaper for many years , so readers and businesspersons are well-acquainted with where to find these important legal notices. We have also served as the legal newspaper for the cities of Apple Valley, Burnsville and Savage as well as the local school districts. Because we have been a legal newspaper for so many years , our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past , legal notices and minutes are reprinted free of charge in Eagan Thisweek ( 12 , 513 copies) , our total circulation newspaper. Please note that the rates quoted on the enclosed bid form are the saute aS last year , with no increase in cost to the city. If you have any questions , please feel free to call. Sincerely, aniel H . Clay Publisher DHC/cjh (612) 894-1111 P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337 QUOTATION FORM City of Eagan - No. of Lines Per Column Inch 1 n Printed Characters and Spaces Per Line Average 45 : Total Characters and Spaces Per Column Inch Average 450 Per Line Cost 67. 7 Per Column Inch Cost $6. 77 • Dakota County Tribune, Inc. Newspaper By Carol Haverland Der emhPr 23 , 1999 : Date - Comments: We try to be as flexible and accomodating ac p sGih1 - regarding the legal deadlines. We have the fax availahlP for your - last minute legal notices , 894-1859. Again , thank you for your consideration. : tai + DEC I41992 -**- MINNESOTA SUN PUBLICATIONS Sun•Current Sun•Post Sun•Sailor December 11, 1992 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Council Members: Please consider the Sun-Current as the city of Eagan's official newspaper for the year 1993 at your January organizational meeting. The rate structure for legals effective January 1, 1993 will be: 1 column width: $0.72 per line - first insertion ($7.92 per inch) $0.42 per line - subsequent insertions ($4.62 per inch) 2 column width: $1.44 per line - first insertion ($15.84 per inch) $0.84 per line - subsequent insertions ($9.24 per inch) Notarized affidavits on each of your publications will be provided. Minnesota Sun Publications will accept legal notices on diskettes. Your IBM or compatible personal computer makes it easy for you to submit legal notices produced with WordPerfect, Wordstar or MS Word word-processing programs. Files saved in ASCII are also acceptable. As this represents as cost-effective and efficient method for us to produce the copy for publication, we will offer a 15% rate discount on all notices submitted on diskettes. We recommend that other municipal departments coordinate their legal notice publishing needs with the city clerk's office as well. All legal ads should be sent to our Bloomington office by Thursday noon preceding our Wednesday publications. In order to expedite our service to you, please direct your legals to the attention of Mendel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439. For your convenience our fax number is 896-4754. Thank you for considering the Sun-Current as your official newspaper for the ensuing year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the city of Eagan. S' cerel , /11/(1444 Donald W. Thurlow Publisher Bloomington Office:7831 East Bush Lake Road • Bloomington,MN 55439 • Ph: (612) 896-4700 Agenda Information Memo January 19, 1993, City Council Meeting PB'TI± �3ARII�T+ VACATION - SKYLINE RD (ADJACENT TO LOT 11 - TREFFLE ACRES). A. Vacate a Portion of Public Right-of-Way (Adjacent To Lot 11, Treffle Acres)--On December 15, the City Council received a petition to vacate a portion of Skyline ad adjacent to Lot 11, Treffle Acres, as shown by the sketch enclosed on page TE . Subsequently, they scheduled a public hearing to be held on January 19 to formally review and discuss the merits of this request. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. As of this date, the staff has not received any objections from any external interests. However, it should be noted that during the planning and designing for the Skyline Road improvement, a significant stand of pine trees existed within the original public right-of-way which could only be saved by shifting the alignment of Skyline Road to the south. The City agreed to acquiring the additional right-of-way for the public purpose of preserving the significant stand of trees. Subsequently, the City incurred additional costs in right-of-way acquisition from the property owner to the south to accommodate this shift in centerline. If the land is vacated, the City will no longer have control over the preservation of these trees. The City Council should determine whether the City should look at the potential of recovering any costs incurred which amounted to approximately$4,819.00,whether the street should be vacated at no cost to the applicant beyond the application fees, or whether it should be vacated at all. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of a portion of public right-of-way for Skyline Road adjacent to Lot 11, Treffle Acres, at no cost, and, if approved, request an additional fee of 410 -., • z 1c4 I -- . . , ,.l • VI . li I I . *40'1 : ■-'-.- --1..-‘:••Z -'n./EIM !!C e 1 . . . 1i 12 ANIIIIMENIC iti li2 De _ , , i• , •, :., • 3 2 co 2 46 ..: , I ■ .,r. . ' t ..-, -' Cn ro, C Lu 0 ■ \ 1!:.,7 11, 7 ‘.c.' \::2 . , ,. , , co ccoctsc .,..‘ :.... !i: 1 1...., C.) 0. CD \\. +A= X i.i -0 0.) c .c i._ ' .• ,.z ..•-•/ ,,7, ..: ,...:-.., . ... , '- z CD 0 u, 0... E-j c 0 .4 00 .c 4- cr) c '' '•:, -1 rN. it-. ‘.., . ...0 1- a) -- -,.--co,, ,N. -:........4:■ ci..‘P.:; - '•.\\ „. , Z 2 til.) .,N , --§,•., \ :. a Lu Y 0 CD 0 = C . 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LU -, •:_ •-1 • W 0 Z Z "".......=. • \ . . • • ■0•% C 4 ri •■• . ...1 'I•=•. \ \ • , • A .. ‘: . ., ■ U. r• .■' • , < •.."- - ,.. • U.. r. m--..' \ ....-' ■ ...- -. .„...-- ,•. 0 % ;-- • . ‘, • '1 ,r- L.' -,- (t• 0 0 0 -=. , \ \ .... •1.,4 .... .,.• . i—.1 k• e I-- CC CC . . , '• ..- .-:".7°.\ - - - 0 ;la . \ ... - • \' ' -.,. -J I- • , ....._ - , .. \ ■ . . ' 11 i_!,, ,-... i- i.- . \ • _. . ----.: 0 0 .''' 1...• . , ...."- , .... "••■ ..C. .4 1 .<. .-... .. , 0 . ‘ -'. .--. - -- 1 •Z i . .. ,, - . .' C." ■ . . - N , ._ .... — .. .., ..- ‘- ', / V••• ''' 1 : , 1 , , ..-. . . ' •,:. ... _ . . , -----. ■ I '. . - ...72/ - " t - i---'- . • , ',A . . , .f . .. --- . .." '.., 7•-' r• . .. I . :• 1 , \ Agenda Information Memo January 19, 1993, City Council Meeting LONE OAK RD ( LEXINGTON AVENUE (INTERSECTION IMPROVEMENT) B. Project 601R (updated as 601A), Lone Oak Road @ Lexington Avenue (Intersection Improvement)--On November 19, the City Council held a public hearing to discuss the improvement of Lone. Oak Road from I-35E through its intersection with TH 55/149. There were several objections and comments made at that public hearing which resulted in the City Council deleting the County Road 26 (Lone Oak Road) portion and continuing consideration of the intersection of Lone loiak Road with xington Avenue, only, to the January 19 meeting. Enclosed on pages ,j through t 5 is a letter from the County highway engineer discussing the results of the November 19 public hearing. Enclosed on pages S 0 through (o2is a revised feasibility report for the reduced scope of this project. Enclosed on pages 4 • through 1{9 is a copy of the minutes from an informational neighborhood meeting held on January 6 to review this reduced scope of project with the affected property owners. This project originally started out as just the intersection/signalization of Lexington Avenue with Lone Oak Road. As a result of two public hearings held in July of 1991, the City Council approved the intersection signalization project with the condition that the County reduce the scope of the median on Lexington Avenue north of Lone Oak Road. Due to the County's reluctance to modify the project to meet the Council's requests at that time, the overall intersection improvement was delayed and reconsidered with the overall improvement of Lone Oak Road as discussed previously. Having coming full circle, the intersection improvement being presented on January 19 is in conformance with the City Council's conditional approval of July 16, 1991. With the deletion of the Lone Oak Road portion of the improvement (through the intersection of TH 149/55), the County has deleted this segment from their 5-Year Capital Improvement Program (CIP) as adopted by County Board action on December 8, 1992. If the City Council would like to see this segment of County road reconsidered for improvement in the next five years, it should take action requesting that it be reconsidered in a specific year so that both the City and County staff can reinsert it accordingly in the respective 5-year CIP. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 601R (updated as 601A) - (Lone Oak Road and Lexington Avenue Signalization Intersection Improvements). Also, request the reconsideration of the Lone Oak Road upgrading from Lexington Avenue through TH 149/55 for year. DAKOTA COUNTY DA�oUN YEEERDS,P E. (612)691-7100 HIGHWAY DEPARTMENT Fax(612)891-7031 �p'CA Co& 14955 GALAXIE AVENUE,3RD FLOOR APPLE VALLEY,MINNESOTA 55124-8579 �1A'NE SO' P January 6, 1993 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: County Project No. 26-19 CSAH 26 (Lone Oak Road) at CR 43 (Lexington Avenue) Dear Mr. Hedges: As requested by the City Council at the Council meeting on November 17, 1992, the Dakota County highway staff reduced County Project 26-19 to include only the intersection area of CSAH 26 at CR 43 . The project remaining in the 1993 capital improvement program includes intersection reconstruction as proposed earlier with the center median on north CR 43 temporarily modified. The modifications include deleting the northerly portion of the center concrete median beginning at a point 70' north of CSAH 26. The proposed median south of that point would remain. This project includes traffic signals at the intersection. This median change on CR 43 must be considered as an interim solution only, and the staff recommendation will require approval by the Dakota County Board of Commissioners. The raised median will be extended to the north as originally planned as problems with intersection operation, traffic safety, or traffic congestion develop. In addition, the Board of Commissioners may require City indemnification of any costs due to median closure at a later date. Attached are drawings of the intersection area illustrating the extent of the proposed roadways. We have identified this concept as Exhibit A and when approved by the City, we will proceed with plan revisions. Because of the Minnesota County Engineers Conference being held in Alexandria January 19-22, County Staff will be unable to attend the January 19, 1993 Council meeting, but would be happy to meet at another time. The issues have been discussed in depth over the past two years. The Eagan City Council perhaps has enough information to decide whether the project should be constructed. Recycle. Be Printed on Recycled Paper 'y ;s part of AN EQUAL OPPORTUNITY EMPLOYER Even though we are not now considering the portion of the project easterly through TH 55, questions were raised November 17th by Lone Oak area property owners that we would like to address. (1) The full access request by Opus Corporation and the Minnesota lottery official was addressed by the attached April 8, 1987 letter. Discussions of access to the Lone Oak Business Center were held with Opus officials including Mark Anderson and Bob Worthington in the mid 1980's. Access concerns were addressed and the recommendations in the letter were made in conjunction with discussion of future quarter mile spacings of full median access locations. Opus elected to develop their properties without replatting and did not provide internal circulation access to full access locations for these large developments. This has resulted in locations that will have to be cut off from full access to build a safe roadway when CSAH 26 is improved. The County does not intend to improve this roadway until it can be built to a standard that will provide safe travel for Dakota County residents. This includes a divided highway design with center medians to meet the projected traffic volumes for Lone Oak Road. (2) In 1988 when the driveway permit was issued for the Dart Transit development, we specifically pointed out to Opus Corporation that these driveway locations could not be guaranteed median openings due to the closeness to TH 55. Opus Corporation was certainly aware of the proposed median as the land was developed. Please see the attached letter dated August 24, 1988. We cannot recommend road designs which include compromises in public safety because developments have not adequately handled internal traffic. We have made and continue to make every effort to encourage developers to consider the ultimate road system and its access effects. We need to design and construct a safe road system for County taxpayers and road users. (3) The issue of a railroad bridge instead of an at-grade rail crossing was also discussed by the Council. If a bridge was constructed, it would be much longer than the present structure because of the wider road section, added trailways and the skew angle. Current design standards and clearances would require a roadway three feet lower than the existing roadway under the bridge. The bridge alone would cost approximately $1,016,000. The roadway from the bridge to TH 55 would also need to be lowered substantially to meet safe vertical curve design. This lower roadway would eliminate the northerly frontage road. This in turn would require the elimination of the homes on the north side which would be a substantial additional expense. Additional conversations with Lief Thorson of the Soo Line Railroad confirm that only one train per day crosses CSAH 26 to the industrial area on the north. Mr. Thorson says some railroad car switching is necessary. The safety issues involved with an at-grade crossing do not appear to be any more severe than those of a bridge with a possible pier plus steeper grades and less sight distance. A bridge is not recommended by the County. If the City wishes to proceed with a bridge, the additional costs vs. an at-grade crossing should be at City expense. We are willing to discuss these issues at length with the City at a work session. It is very important to provide County Road facilities to function as safe and efficiently as possible. Because it hasn't been possible for Eagan to construct closer spaced thoroughfares, it is necessary to design many County Roads as divided facilities to handle very heavy traffic volumes. If the City desires to add the deleted CSAH 26 roadway to a future year of the County CIP, a Council resolution indicating this interest and the year requested should be passed. Very truly yours, i David L. Everds, P.E. Dakota County Highway Engineer DLE/mjl Encls. cc: Tom Colbert, Eagan Public Works Director Dakota County Board of Commissioners Brandt Richardson, County Administrator Louis J. Breimhurst, Physical Development Director p: 1-eagan 4, C MEMO TO: FILE FROM: MICHAEL P FOERSTCH, ASSISTANT CITY ENGINEER DATE: JANUARY 15, 1993 SUBJECT: CITY PROJECT 601A, LONE OAK ROAD/LEXINGTON AVENUE INTERSECTION IMPROVEMENTS JANUARY 6, 1993 NEIGHBORHOOD MEETING A neighborhood meeting was held on January 6, 1993, at 4:00 p.m., in the City Council Chambers of the Eagan Municipal Center for the Lone Oak Road/Lexington Avenue intersection improvements. Attached is a listing of the residents affected by the improvements who attended the neighborhood meeting. Also in attendance was Dave Zech from Dakota County, Mark Hanson from Bonestroo, Rosene, Anderlik &Associates, John Wingard and myself. Also attached is the informational packet which was handed out at the neighborhood meeting. Dave Zech started the neighborhood meeting by explaining briefly the differences in the project from what was proposed at the previous public hearing before the City Council and what is being proposed now. The scope of the project basically eliminated the improvements on Lone Oak Road from a point approximately 800' easterly of the Lone Oak Road/Lexington Avenue intersection. The intersection improvements were basically the same as what was previously proposed under Project 601R. One change from the previous project is the median north of Lone Oak Road on Lexington Avenue was shortened to approximately 80' in length. This allowed the property owner located at the northwesterly quadrant of the Lone Oak Road/Lexington Avenue intersection to have a driveway access without the restriction of a center median. Dave went on to explain that the shortening of the median was a temporary construction measure and that in the future if there continued to be intersection problems, the median would be extended as previously proposed. The shortening of the median on Lexington Avenue north of Lone Oak was a County staff recommendation and still required approval by the Dakota County Board of Commissioners. Dave went on to state that the Board of Commissioners may require City indemnification of any cost due to the median closure at a later date. The median construction on Lexington Avenue south of Lone Oak Road was as previously proposed. This median construction raises concerns from the property owner located south of Lone Oak Road and easterly of Lexington Avenue. The median extension restricts access to his single-family residence to a right-in/right-out only. The intersection improvements to Lone Oak Road include two westbound lanes and two eastbound lanes along with designated left-turn and right-turn lanes. The improvements to Lexington Avenue north of Lone Oak Road include two northbound lanes, a left-turn only lane, a southbound through-lane, and a right-turn through-lane designated. The 1 (P improvements on Lexington Avenue south of Lone Oak Road include a northbound right- turn only, a northbound through-lane only, a northbound left and through-lane, and a designated left-turn only lane. Two designated lanes southbound on Lexington Avenue are proposed. The project is scheduled to start in the spring of 1993 and with a substantial completion by November of 1993. Dave went on to explain the right-of-way acquisition process which is currently utilized by the County. Mark Hanson provided a detailed explanation of the information provided in the packet presented to the residents at the meeting. Mark spent most of the time explaining the information presented on page 7 of the informational packet which dealt with the proposed assessments for the improvement. Assessments are proposed to be levied against the benefitted properties in accordance with the current City Special Assessment Policy. As in previous County/City projects, the City and the County will enter into a Cost Sharing Agreement for the construction of the project. The total cost of the improvements are estimated at$1,223,000 with $598,700 of that total being the responsibility of the City. Of that $598,700, approximately $235,650 are proposed to be recovered through the allocation of special assessments. The remaining $363,000 of the City's share will be the responsibility of the City's respective Enterprise Funds. Mark informed those in attendance at the meeting that a public hearing was scheduled for January 19, 1993, in front of the Eagan City Council for consideration of the project. The concerns expressed from the residents centered around two basic ideas. The first is the justification for the improvement as a whole, and the second is the proposed allocation of special assessments to finance a portion of the improvement. With respect to the justification for the improvement, City staff and County staff attempted to explain to the residents the necessity for the intersection improvements based on safety concerns, traffic volumes, etc. The residents felt that signalization of the intersection would create more problems than what currently exists. Reasons for the residents' concerns with the intersection improvements basically centered around two items. The first concern was the lack of adequate parking for the postal facility located on Lexington Avenue. The residents felt that signalization of the intersection would create a situation where northbound Lexington Avenue users with a green light on Lone Oak Road would not anticipate a vehicle stopped on Lexington Avenue waiting for a parking place at the postal facility. The second concern was the installation of the northbound Lexington Avenue double-left turning maneuver going westbound on Lone Oak Road. This concern was identified because of the current metering situation by MnDOT for access to 35E northbound. The residents felt that this double westbound maneuver to a metered condition on 35E was not in the best interests of the traveling public. With the exception of Opus Corporation and Northwestern Mutual Life Insurance Company, the residents adjacent to the roadway improvements were strongly opposed to any improvements to the intersection. The representatives from Opus Corporation and 2 L- /\ Northwestern Life basically understood the need for the improvement and were not opposed to the improvement as such. The second concern expressed by the residents was the City's proposed allocation of special assessments for the improvement. All in attendance at the meeting were opposed to any cost sharing allocation through the levying of special assessments. The residents were strongly opposed to paying for any roadway improvements which, in their minds, did not benefit the properties directly adjacent to the improvement but that the improvements provided an overall benefit to the travelling public using the Lexington Avenue and Lone Oak Road intersection. The meeting adjourned at 6:30 p.m. Assistant 'City Engineer MPF/jj Attachment: Sign-Up Sheet Informational Packet 3 NEIGHBORHOOD MEETING PROJECT 601 LEXINGTON AVENUE/LONE OAR ROAD INTERSECTION RECONSTRUCTION & SIGNALIZATION WEDNESDAY, JANUARY 6, 1992 NAME ADDRESS 1• - ?Y S j 41(~, 2• 6'4'4447 4219 3 &5‘ba orkc.sc��. n `.e.._ caw.Q,%Cca�...,�s. 4.c 7 e y �D2t 4- a q9 D 1 t1r'1b 7v,f S 5. 1 cc( y 4 u c- o? ? 7 7 L e r/Ai s. 6. ■r L a * I „w77 to,f4i74, 8. 30 ---'_ -_ ,__- , , • 9. �V a.v�Zi� ��u l 6 S so- .1%,.,t_ -4^ 10 11..V1 CV( Likfcrf .- iod I,re, F. N 55543 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 1— C\ city of Qagan Neighborhood Meeting for Lexington Avenue (C.R. 43) and Lone Oak Road (C.S.A.H. 26) Intersection Reconstruction/Signalization City Project No. 601A Eagan, Minnesota January 6, 1993 1 1 1 „..--b 1 INTRODUCTION: City Project No. 601A provides for the same improvements to the intersection of Lone Oak Road and Lexington Avenue as previously discussed in the summer of 1991 except for the following: - The bituminous trail construction on the west side of Lexington Avenue north of Lone Oak Road has been deleted. Therefore, the right-of-way acquisition is not as great as proposed in Project g p ro'ect No. 601. P J - The center median in Lexington Avenue north of Lone Oak Road will only be constructed a short distance to the north. Therefore not preventing any left turn movements to the adjacent property. - A right turn lane on Lone Oak Road west bound to north bound Lexington Avenue is proposed similar to Project No. 601R discussed this fall. The right turn lane was not previously proposed in Project No. 601 discussed in July 1991. Figure No. 1, 2 and 3 following this page show the proposed improvements to the intersection and in each direction from the intersection. 1. 49525A.Rpt W Q i _ — L r- -, € Z BUILDING C') ', Nt- BUILDING J 14' 12 14' 14'114 LONE OAK ROAD / li I t EX. BIT TRAIL km 14' 14' 41111111.11.111m ■Illommusw 12' ._. 1 14' 44.ss1s• illimesmos w J 6, ) ei 14' 14' Y . :6' 12' t ,. 12' issemoss.. 14' 14' 1111/41 . triMMEMNI ----- vi te C.S.A.H. 26 .: 11 . 11 • . 14'14' 14'1 12 112' 14' N 0 25 50 Scale in feet INTERSECTION LAYOUT n 9onestroo Rosene los Anderlik ei EAGAN, MINNESOTA -� IGURE 1 Associates LEXINGTON AVE. (C.R. 43) & LONE OAK RD. (C.S.A.H. 26) J. NO. 601A Engineers 4 Architects 2335 West Highway 36 AO\AOR9R\AQF95FQFR JANUARY 1093 rAmm 49525 St. Paul. 611nnesota 55113 Z _C N a 5 O < ° -a o • _ t a ° m B 2 i W ' I I 0 N d — 1 1 I' �j R •w43*o•G1 I I f Al I I ° F I I ' I I 1 - I I ' I I a. I I I -- J I I . F. _ _ _ ...y.31,4..-1 cf m0 a — 1• z 2. I 1 / .o■�•n.wn ON s ,--�1 I I ,/ I L I o •11 1 r.: / 3 ?I 0■ / �/ "u1 I / / ' I I / / / I I I / I I I 1 I I V I 1 V I i 1 L- dH I 1 1 4 • I I r i I 1 / 1 1 1 I H 1 I 1 1 1 1 I I I I I . 1.5 1 I I) I I I . I < s . I oM s r I F 6 I — N o i m I i — ' I I el i i 0 I ( II I !0 I �0 I ` I . i � l � l I '0 I II e a I�� I / i I a E ptl'T.0...T 0r Hv50 q o t Z N ., ., rr__________ I O I I I I 6 I3 1 15 I I ' I I i 1 I j I I _ / I I / I I ' / I/ I • INI ' — II , Ijl I 1 I ' , --1 I 1 I 1 1 I b-. qnl 1 1 s4 COST ESTIMATE The estimated cost for this project is summarized below which includes overhead costs. Overhead costs are estimated at 35% and include legal, engineering, administration, and construction interest. However, it does not include the yet unknown costs for the easement acquisition process being performed by the County. Street $600,000 Traffic Signal 150,000 Bituminous Trail/Sidewalk 55,000 Storm Sewer 150,000 Sanitary Sewer & Water Main Adjustment 60,000 Sanitary Sewer/Water Service 8,000 TOTAL $1,023,000 RIGHT-OF-WAY AND EASEMENT The project will require additional street right-of-way (R.O.W.). Listed below is the approximate area and additional right-of-way required for each section of road. The easement acquisition/negotiation process is administered by Dakota County. Additional R.O.W. Lexington Avenue north of Lone Oak Road: West Side - Existing 1/2 R.O.W. = 33', Proposed = 40'; 4,800 sq.ft. East Side - Existing 1/2 R.O.W. = 50', Proposed = 60'; 5,200 sq.ft. Lexington Avenue south of Lone Oak Road: West Side - Existing 1/2 R.O.W. = 60', Proposed = 75'; 10,500 sq.ft. East Side - Existing 1/2 R.O.W. = 50', Proposed = 75'; 17,000 sq.ft. Lone Oak Road east of Lexington Avenue North Side: Parcel 010-50 - Existing 1/2 R.O.W. = 33', Proposed= 75' 11,300 sq.ft. South Side - Existing 1/2 R.O.W. = 50', Proposed = 75' 30,500 sq.ft. TOTAL 79,300 sq.ft. The estimated cost for right-of-was acquisitions are unknown at this time. 5. 49525A.Rpt AREA TO BE INCLUDED Listed below are the parcels proposed to be assessed which also abut the project: Section 2 (SW 1/4) Parcel 010-50 Eagandale Industrial Park No. 2 Parcel 151-00 Parcel 152-00 Bell Lexington Addition Lot 1, 2, 3, Block 1 Eagandale Center Industrial Park No. 2 Lot 13 Section 3 (SE 1/4) Parcel 010-77 Parcel 020-77 Parcel 030-77 Parcel 051-77 Section 10 (NE 1/4) Eagandale Center Industrial Park No. 9 Lot 1, 2, Block 2 Section 11 (NW 1/4) Parcel 010-25 Parcel 010-26 Eagandale Center Industrial Park No. 3 Lot 1-10, Block 5 6. 49525A.Rpt `_ J �P ASSESSMENTS Assessments are proposed to be levied against the benefited properties in accordance with assessment policies established in the City of Eagan. A preliminary assessment roll is included in Appendix B located at the back of this report. Assessments are separated into street and sanitary sewer/water service. Sanitary sewer/water service is proposed to be assessed entirely to the benefited property they serve. Street is separated into two rate categories which are listed below: Overlay Rate (52' wide street) $ 10.56/F.F. Concrete Curb Rate $ 14.85/F.F. Street Surfacing w/Grading & Storm Sewer Commercial/Industrial Rate $108.25/F.F. The determination of the concrete curb rate is presented in Appendix A. It's expected this rate will be revised based on final bid unit prices. The street surfacing rate with grading and storm sewer is included in the 1993 Fee Schedule for Eagan. Properties proposed to be assessed the concrete curb rate include those properties on Lexington Avenue. In addition, the properties on Lexington Avenue north of Lone Oak Road are also proposed to be assessed the concrete curb rate because concrete curb does not exist north of Lone Oak Road. Properties on Lone Oak Road east of Lexington Avenue are proposed to be assessed the full rate for street surfacing with grading and storm sewer because total street reconstruction is proposed in this area. All properties are proposed to be assessed at their highest and best use which is considered commercial/industrial. Therefore, all property is to be assessed as commercial/industrial property which reflects a 52' wide equivalent street. Figure No. 4 shows the assessable footage. 7. 49525A.Rpt C�- v EAGANDALE CENTER S 0 INDUSTRIAL PARK No. 9 o ii e) i I ® 1 1 i. _ 051-77 030=77 020-77 010-77 a� i d,J ( * POND CREDIT \\\\-`�-\- \-\ �layvA-a_:,.~.— .-r o1i . i'∎47: .II • '\\\ \` C\\E\\ ... \10\ 100_ N.:250' ` ' r - ----X265' 60' _ '96 30' 261 .401--- i 11-00 151-00 152-00 010-26 010-25 1 2 *75' C.L.C. ; =75' C.L.C. I EAGANDALE CENTER ® 3 INDUSTRIAL PARK No. 3 Z_— *75' C.L.C. =CORNER LOT CREDIT o goo zoo Scale in feet C.R. 43(LEXINGTON AVENUE) a , x -_xx "S a s"�cl ,w o,;'- sz._. EAGANDALE EAGANDALE CENTER BELL CENTER PARK No. 10 LEXINGTON ADDITION PARK No. 2 i 2 j)50-7,57c., , i 3 010-50 13 2 i . r�i 1 i i 1? �` I I 20" 14k '5 �F3fi.33 269.72 110 0 1Q5 90 95 —,y_ — 1�_ ---- - . Q 100' 210' 100' 10 0' 100' 18 0' 10 •' 40' ' EAGANDALE 1 4 CENTER © c 2 0, EAGANDALE CENTER PARK No. 9 INDUSTRIAL PARK No. 3 _, v CSAH 26 (Lone Oak Rd) Legend N 1\\\\\\ Bituminous Overlay Rate ($10.56/FF) ZZ=Z23 Overlay & Concrete Curb ($25.41/FF) 0 100 200 '? Reconstruct Rate ($108.25) Iiiaai Seale in feet STREET ASSESSMENTS n Bonestroo Rosene Anderlik &EAGAN, MINNESOTA )FIGURE 4 Associates LEXINGTON AVE. (C.R. 43) Engineers 4 Architects LONE OAK RD. (C.S.A.H. 26) ROJECT NO. 601A 2335 West Highway 38 49\49525\49525F99 JANUARY 1993 COMM. 49525 St. Paul, Minnesota 55113 REVENUE SOURCES As previously indicated, the City of Eagan and Dakota County will enter into a cost sharing agreement for this project. A summary of City/County cost allocations is presented in the following table: City of Eagan Dakota County (Percentage) (Percentage) Street (Grading, surfacing, utility reconstruction and restoration 45 55 Traffic Signal 50 50 Bituminous Trail/Concrete Walk Existing Lone Oak & Lexington 45 55 Lone Oak E. of Lexington N. side 0 100 Lone Oak E. of Lexington S. side g 100 0 Storm Sewer Catch Basins & Catch Basin Leads 45 55 All other 100 0 Sanitary Sewer/Water Main Adjustment 45 55 Sanitary Sewer and Water Service 100 0 ROW & Construction Easements 45 55 9. 49525A.Rpt 5C\ City of Eagan Dakota County Total Street $270,000 $330,000 $ 600,000 Traffic Signal 75,000 75,000 150,000 Bituminous Trail/Concrete walk 25,000 30,000 55,000 Storm Sewer Catch Basin & Leads 36,900 45,100 82,000 All Others 66,800 1,200 68,000 Sanitary Sewer/Water Main Adjustment 27,000 33,000 60,000 Sanitary Sewer/Water Service 8,000 --- 8,000 Right-of-way 90,000 110,000 200,000 TOTALS $598,700 $624,300 $1,223,000 Revenues from the proposed street and utility service assessments are listed below: Street $227,649 Sanitary Sewer & Water Service 8,000 TOTAL $235,649 Based on these assessments, approximately $363,000 ($598,700 - $235,649) will be required from the major street fund and trail dedication fund to cover the remaining City of Eagan share for this project. 10. 49525A.Rpt L7( 1 PROJECT SCHEDULE Present Feasibility Report October 20, 1992 Public Hearing (Continued from November 17, 1992) January 19, 1993 Approve Plans and Specifications Winter, 1993 Open Bids/Award Contract Spring, 1993 Complete Construction Fall, 1993 Assessment Hearing Summer, 1994 First Payment Due with Real Estate Taxes May, 1995 11. 49525A.Rpt l ^ �J� APPENDIX B PRELIMINARY ASSESSMENT ROLL LONE OAK ROAD (DAKOTA CSAH 26)RECONSTRUCTION PROJECT 601A ASSESSMENTS PARCEL ASSESSABLE RATE LONE OAK LEXINGTON SERVICES TOTAL FOOTAGE PER IT ROAD AVENUE ASSESSMENT Section 2 (SW %) Parcel 010.50 269.72 108.25 29,197.19 3,790.00 32,987.19 Bell Lexington Addn. Lot 1, Block 1 (1) 265 (2) 25.41 6,733.65 Lot 1, Block 1 200 108.25 21,650.00 (3) 28,383.65 Lot 2, Block 1 140.95 108.25 15,257.84 15,257.84 Lot 3, Block 1 131.33 108.25 14,216.47 14,216.47 Eagandale Center Industrial Park No. 2 Parcel 151.00 260 (2) 25.41 6,606.60 6,606.60 Parcel 152.00 90 (2) 25.41 2,286.90 2,286.90 Lot 13, Block 1 110 108.25 11,907.50 11,907.50 Section 3 (SE 1/4) Parcel 010-77 134 (2) 25.41 3,404.94 3,404.94 Parcel 020-77 101.59 (2) 25.41 2,581.40 2,581.40 Parcel 030-77 112 (2) 25.41 2,845.92 2,845.92 Parcel 051-77 272.71 (2) 25.41 6,929.56 6,929.56 Section 10 (NE %) Eagandale Center Industrial Park No. 9 Lot 1, Block 2 300.02 10.56 3,168.21 3,168.21 Lot 2, Block 2 96.98 10.56 1,024.11 1,024.11 Section 11 (NW /4) Parcel 010-25 261.14 10.56 2,757.64 2,757.64 Parcel 010-26 30 10.56 316.80 316.80 Eagandale Center Industrial Park No. 3 Lot 1, Block 5 100 10.56 1,056.00 1,056.00 Lot 2, Block 5 100 10.56 1,056.00 1,056.00 Lot 3, Block 5 (1) 250 10.56 2,640.00 Lot 3, Block 5 100 108.25 10,825.00 (4) 13,465.00 Lot 4, Block 5 210 108.25 22,732.50 22,732.50 Lot 5, Block 5 100 108.25 10,825.00 10,825.00 Lot 6, Block 5 100 108.25 10,825.00 10,825.00 Lot 7, Block 5 100 108.25 10,825.00 10,825.00 Lot 8, Block 5 100 108.25 10,825.00 10,825.00 Lot 9, Block 5 100 108.25 10,825.00 10,825.00 Lot 10, Block 5 40 108.25 4,330.00 4,330.00 TOTAL 184,241.50 43,407.73 3,790.00 231,439.23 (1) Includes 75' Corner Lot Credit (2) Assessment Rate = Bituminous Overlay and Concrete Curb (3) Total Assessment for Lot 1, Block 1 r n (4) Total Assessment for Lot 3, Block 5 �-Y Agenda Information Memo January 19, 1993 City Council Meeting ,OLD BUSINESS PRELIMINARY PLAT EXTENSION SS MARTHA AND MARY EPISCOPAL CHURCH - A. Exten ion, Preliminary Plat for Ss. Martha & Mary Episcopal Church--Enclosed on pages 64 through rip is a memorandum from the Community Development Department covering a request by Ss. Martha and Mary Episcopal Church for an extension of their preliminary plat for property located in the NE quadrant of the intersection of Diffley Road and Lexington Avenue. As noted in the memorandum, the preliminary plat was originally approved in December of 1988 and has received one year extensions in each of the subsequent years. The applicant is not prepared to proceed with the final plat at this time but is making progress with respect to ultimate development of the site and has requested another one year preliminary plat extension at this time. As noted in the staff memorandum, the extension is subject to two additional conditions relative to water quality and Dakota County highway requirements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a one year preliminary plat extension for Ss. Martha and Mary Episcopal Church as presented. Lea MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JANUARY 6, 1993 RE: PRELIMINARY PLAT EXTENSION STS. MARTHA & MARY EPISCOPAL CHURCH On December 20, 1988, the City approved the Rezoning and Preliminary Plat for the Sts. Martha & Mary Episcopal Church Addition at the NE intersection of Lexington Avenue and Diffley Road. One-year Preliminary Plat extensions were previously approved in December 1989, 1990, and 1991. The applicant is again requesting a one-year extension as they anticipate groundbreaking next summer. This request was submitted before the date of the expiration and was reviewed by all departments at,the staff development meeting. Last year staff indicated to the applicant that additional right-of-way would be necessary for the upgrading of Lexington Avenue and Diffley Road and an additional condition was added regarding that item. Also, the water quality program became effective and a condition was added. On January 5, 1993, I contacted Dave Zech of the Dakota County Highway Department regarding the right-of-way dedication condition. After internal discussion, he called me back on January 6 and stated the Plat Commission would review the plat at their next meeting (a date has yet to be determined). As a result, a revised condition should be added requiring the applicant to fulfill the requirements of the Dakota County Highway Department. The City's finance department has prepared revised financial obligations. All other conditions of the original approval are still applicable and the new conditions read: 9. A water quality pond shall be required to treat the additional runoff that will be generated by this development. The pond shall have 0.23 acres of surface area at the NWL and shall have a wet pond volume of 0.65 acres/feet. 10. The development shall adhere to the 1993 requirements of the Dakota County Plat Commission. Attached are the original conditions,a copy of the site plan,and revised financial obligations. If you would like additional information, please advise. • City Planner JS/js attach. LO ' c Page 12/EAGAN CITY COUNCIL MINUTES December 20, 1988 • RPIS PAL ®ORCA': 1DDI�IOd J Community Developmenti4t:0*01::::4i.e Runkle introduced the site plan to the Council . Pastor iMattiii:::iYiformed the Council be was _ available for questions. Wachter moved, Gustafson seconded, the notion to approve the Comprehensive Guide Plan amen.;like nt fr0*.p-III to Public Facilities for the Episcopal Church 1 .* i �r '::voted in favor. Egan moved, Gustafson seconded, tpe' motion to approve a rezoning from R-4 to Public Facilities f Q{:; the $$scopal Church Addition. All voted in favor. Egan moved, Wachter ue• orided,% thtC motion 'to approve a preliminary plat entitled Episcopal Church Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on Septembe:r::::i5., 1987 , shall be complied with: A-1 , 8-1 , B-2 , B-3 , C-1 , C-2 , C-4,D+1: E-1 , F-1 and G-1 . 2. The parking stalls shall be'.''tefn,.feet wide. 3. The detailed landscapnq : will place emphasis on screening the parking areas. t:flm'::the public streets and the apartments to the north. 4 . The City shall inspect the single family home to insure all building codes are being satisfied. 5. The access onto Lexingtop:::Rv ;:w ill be finalized with all concerned parties. The prop. ed::gecselt:::iAtrance to be constructed to a width of 30 feet. • 6. All signage shall confors o Co* requirements. 7. The proposed development is subject to additional requirements pertaining tphase� ofrdevelopmentfire hydrant coverage with the final plat 8. The finished floor elevation foc : bhe worship center shall be at least 984 feet. All voted in favor. Councilmember McCrea noted that quad ity control should be considered. 4 4 ! r 1 .r..• �+.. e..wr..... .e...•. .e..w ...w.. . I ...rows ■■■••■• •■•••■ 7 % 1 mamas �..w..�s __ - 1, ., ,.1\k , ..... tv, Is1011411 rd. .4.. .7.....,- ' 1 .. 1........e.w.•) ' 'J/ gg' I I I I I. _ • 1 • ilti— ...owes. Nti, Mri..R __'' • 'are...+.. • (..at I 1 it Sige 1114 : s% .%. % « \ \I ■ t; " % 1;. fi iirimm. .--1.0 , I to cr.......e. . 1 I Ina 411M1101111. • Z 11 i 1,11 �� / 1 .,�... .IIIIIII • dill , aIII.t • 't fr4� • CO Y IIGHWAY♦30 (DFFLEY ROAD) •-• _ .. sIM PLAN Ce.../.Ce FINANCIAL OBLIGATION - Saints Martha & Mary Church (Plat Extension) 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 P.F. .0126/S.F. 196,891 S.F. 2,481 Storm Sewer Trunk Storm Sewer Trunk P.F. .018/S.F. 196,891 S.F. 3,544 Storm Sewer Trunk P.F. .018/S.F. 16,511 S.F. 297. Trailway - P.F. 12.05/ff 413 ff 4,977 Lexington Ave. Trailway - P.F. 12.05/ff 363 ff 4.374 Diffley Rd. Total $15,673 Le2 . • I WAY ' • ., • ' LEXINGTON ' s • .4�. I e a 1 0'.,f� i /♦ 1 1 ! ‘ SN# ' . r• 414; I 1 t i i ._ : `ot, ; i; 1 . . i ... s. III 1 ••• _ D ` r • MI cc t f i L- • s • 0 i /4'. Z' • 3= rd •..• '4• �� •Y s IT! Z s; y,;s ilk• • ;1. • • ±I �N�• =i • d y na co t: . • i • a •• , A .. 1 • 1.. • Y tT • • S s s -- — % 1 $ i .. �t -..60.06 ►. 'Safi... • t N▪ , o T A. • S am 0 S i I S I I .......-...., 9 . s 1 1. • ••• . s 1 g T. Z i WAY T.:. 1 LEXINGTON . ��`...%ir,,,,,‘. r II sp. 1 • I 1 i i , ...., , ; 45 . r-, • (t 3 •rte• m A ' .0%% . I j O C s �w��►�r •• Z ohs. • 3 1 s .� } s, O Y ; • Y P?I s L • • �.r 1. yam. .. --i > Ni o • z ca x i * I D • I II . $ ; • • �.... 2 w.••tip+ -tt: ed., 1. 1 • WAY 1 ■ ' altar 1 LEXINGTON 1 �• is iI!aI. ' �• 4/er,. +%.C IF war IF o co c w+ °• - '�' I Y rri XI es 2 0 /4-7.4" i C1) ii CO - . • co S,es�.r ; Agenda Information Memo January 19, 1993 City Council Meeting PRELIMINARY PLAT EXTENSION BEST BRANDS ADDITION B. Extension, Preliminary Plat for Best Brands Addition--Enclosed on pages 72-through ?cis a memorandum from the Community Development Department covenng a request by Best Brands for a one year extension of the preliminary plat for Best Brands Addition. As noted in the memorandum,the application was originally approved in November of 1990 and was extended for one year in late 1991. This request has been reviewed and is in order for Council consideration at this time. As noted in the memorandum, the applicant is in the process of completing final plat requirements and anticipates construction to occur in early 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension of the preliminary plat for Best Brand Addition as presented. MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JANUARY 11, 1993 RE: PRELIMINARY PLAT EXTENSION BEST BRANDS On November 8, 1990 the City Council approved the Best Brands Addition consisting of approximately 7.6 Light Industrial zoned acres along the NE side of Yankee Doodle Road. Best Brands located in Eagan for 15 years manufactures and warehouses baking ingredients. The platting process incorporates several lots, or portions of, into one lot with access onto Yankee Doodle Road and Terminal Drive. This extension request was reviewed by all departments and no new conditions are being proposed. A Preliminary Plat extension was granted in 1991 and Condition #2 of the original approval was modified requiring a cash water quality dedication of $30,200. In March 1992 the figure was reduced to $9,526. In late-1992 while processing the Final Plat, it was noted that an easement needed to be vacated. The applicant has submitted that application to the City for action in the near future as the applicant is expecting to begin a building expansion this spring. The first draft of the development contract has been completed and the water quality fee has already been collected. All conditions of the original approval and first extension still apply. Attached are minutes from the 1991 extension request, the 1990 original approval, and a copy of the site plan. If you would like additional information, please contact me. V-446: City Planner JS/js attach. II -4-90 Page 6/EAGAN CITY COUNCIL MINUTES November 19, 1991 : • 4.11$ . • . / f .�' .. I MV • Mayor Egan introduced this item as a preliminary plat extension for Best Brands Addition,located north of Yankee Doodle Road, west of Highway 13. Director of Community Development Runkle noted that clarification of Condition #2 would be resolved prior to final platting. The applicant was not present. Pawlenty moved,McCrea seconded a motion to approve a preliminary plat extension for Best Brands Addition with the provision that if the extension is granted, Condition#2 to the preliminary plat approval will be changed as follows: 2. The development is required to provide a cash dedication fulfillment of the water quality requirements of the development in accordance with the City's Water Quality Management Plan. .4 acres surface area a$65,340/ac. industrial use in $26,136 1.26 ac. ft. x 1613 cu. yds./ac. ft.x$2/cu. yd. - S 4,064 Total an $30,200 Aye: 4 Nay: 0 • Mayor Egan introduced this item as a variance f o r Jeff Clearence o f 10 f e e t to the required 1 s i t - •ack located at 2045 Emerald Lane. er discussion,Pawlenty moved,McCrea seconded a motion to approve a variance of eet from the 30 foot se ck from public right-of-way for Jeff Clearence for 2045 Emerald Lane (PID 1 16700.190-09) noting that th- ariance deals with the street setback as opposed to a neighboring lot line • ck and there are no objections. variance shall be subject to all City Code requirements. Aye: 4 Nay. ' • Mayor Egan introduced . - ' em as a special use pe ..• - errellgas to allow the temporary storage of an outside propane tank located a • 1,Block 1, Marde Addition in the northwest quarter of Section 17 (3575 State Highway 13). Director . • .. ..unity ' lopment Runkle said this application had been reviewed with the Fire Marshal and a numbe • the • tions area result of that review. Mayor Egan noted the stringent conditions and asked if there wet ety or liability concerns such as those associated with Safety Kleen. City Attorney Sheldon said that een was a much larger facility and they did not provide information outlining what chemicals would • stor • . brought into the Safety Kleen site. Mr. Sheldon said the Ferrellgas application is the storage • • . .e and a • more usual situation. Jim'Craning,the Marketing Director of Ferrellgas,was present t• r any questions. Pawlenty moved, Wa r seconded a motion to appr• special use permit for Ferrellgas for temporary outdoor storage a 1,000 gallon propane tank at 3575 Highway 13, subject to the following conditions: 1. 1,000 gallon propane tank shall be located at least 25 feet • - .. each property line and at east 25 feet from the building. 2. The tank shall be located at least 10 feet from all combustible '� 3 Page 12/EAGAN CITY COLTNCO.MINUTES • November 8, 1990 iPRELDdINARY PLAT/BEST BRANDS INC. After introduction by Mayor Egan,the City Administrator said that the hem had been considered by the Advisory Planning Commission at their October 23, 1990 meeting and they had recommended approval. Director of Community Development Runkle said the application was for a preliminary plat located on the north side of Yankee Doodle Road,west of Highway 13. He said that Best Brands had been located in • Eagan for fourteen years and employs approximately 110 people. He said they had submitted a waiver of plat to split Lot 8,Block 2,Sibley Terminal Industrial Park. However,because the request was to split Lot 8 for the second time and adjoin it to Lot 10, staff requested that they plat the property as Lot 1,Block 1,Best Brands Addition. The 7.63 acre site is located directly north along Yankee Doodle Road,east of Terminal Drive,south of Sibley Terminal Industrial Park, and west of Highway 13. He said that presently the site has two existing buildings and an 18,450 square foot addition under construction. A future addition of approximately 28,200 square feet to the north side of the existing buildings was also included in their proposal. Coundlmember Pawlenty said that Best Brands should be commended for the extra effort they have gone to in trying to improve the area. Gustafson moved,Wachter seconded a motion to approve the preT vartary plat for Best Brands Addition consisting of approximately 7 previously zoned light industrial acres along the north side of Yankee Doodle Road and west of Highway 13 is the southeast quarter of Section 8,subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10,1990,shall be complied with: Al, Bl, B2, Cl,C2,Dl, El,P1,G1,and HL The development,is required to provide a cash dedication for fulfillment of the water quality requirements of the development in accordance with the City's Water Quality Management Plan. 3. An additional five feet of utility easement is required along the 30-inch sanitary sewer located along the easterly property line of the development. 4. An additional ten feet of utility easement is required for the existing 24-inch storm sewer which serves the westerly adjacent property to the development. S. The development will be required to submit a detailed watermain and hydrant layout plan to the City • for review of the fire protection and water supply requirements of the building expansion. 6. The proposed parking lot expansion is required to be constructed in accordance with City Codes and standards. Aye: 5 Nay. 0 >: -,......'1,,...ii.....zi. .. . 11%,-L" . '- . • • war._^• . .-.. • . .40 I • a t, - 1` d .11. . : . .. i t --4 l i- .ff • ir• --....._ : .a • ; I ►sue- :, • ,/' li ; r---- 4- ALN, 1 :,/ • .11 , •-7..../. , S. ...sr It- ✓ 1 i ill 1 A k --- 11 • sy kholl . A., i mak . I, ill 1 il• -• . Z. ! _ E • . C s' r . ;r1 i . .E .; 1111 a 1L i - - II i % .. — 11tS1 • p , X111 }4 . • • � a1 . A r„,,i 6,-- � • D SIT1 PLAN MOM Zit.D.-AI�Ur T MI MINNS..'� !P� �fmr+rta�die •!!T BRANDS. INC. - ',,,-•.t.e� „„„ 1•• �- J MOO eUILDINO ADDITION ( S� �� 17.0 YANK!! OOOOI! lIOAO ���• .� ow nl��n ,e.. • WI Erin ANNA 1Ww.700 Agenda Information Memo January 19, 1993 City Council Meeting STALKING ORDINANCE C. Stalking Ordinance--In official action at the January 5, 1993 Eagan City Council meeting, staff was directed to draft an ordinance regarding"stalking" and to return the draft ordinance at the January 19, 1993 City Council meeting. The Cit�Akorney's office has drafted such an ordinance. Enclosed on pages 1 through '1 for the Council's information are a copy of a memorandum from the City Attorney's office regarding the legal implications of adopting such an ordinance and a copy the pro sed draft ordinance. Also enclosed for the Council's information on pages& through is a copy of a letter from State Representative Pawlenty regarding State-wide legislation which is proposed on this subject. Enclosed with that letter is a copy of a bill whic4.,was introduced y Representative McGuire on January 6, 1993. Enclosed on pages .-through is additional information received from Representative Pawlenty regarding anti-stalking statutes in other states. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a proposed stalking ordinance for the City of Eagan. (431 SENT BY: 1-12-93 ; 5:4111I ;SEVERSON WILCOX SHEL 612 681 4612;# 2/ 7 NINORANDUX TO: Tom Egan, Mayor Pat Awada, Councilmember Shawn Hunter, Councilmember Sandra Masin, Councilmember Ted Wachter, Councilmember Tom Hedges, City Administrator Pat Geagan, Police Chief FROM: Jim Sheldon, City Attorney DATE: January 12, 1993 RE: Proposed Stalking Ordinance Our File No. 206-11087 INTRODUCTION • The Eagan City Council has requested a draft of a "stalking" ordinance and an opinion as to the legal implications of adopting such an ordinance. This memo contains a brief summary of the following: (1) stalking ordinances or statutes adopted by other states which involve physical intrusion; (2) Constitutional requirements with which an ordinance imposing criminal sanctions must comply; (3) the current Minnesota legislative scheme regulating harassing behavior with which an ordinance must comply; and (4) an analysis of the Shoreview harassing ordinance contained in the City Council packet of the January 5, 1993 meeting portions of which we believe is unconstitutionally vague and overbroad. ANALYSIS I. Other State Statutes: Kost states with "stalking" ordinances appear to be based on the California statute adopted in 1990. The California statute and those that follow it are very specific about what is meant by "stalking. " Briefly, the crime of stalking consists of the following elements: (1) Repeatedly (2) follows or harasses another person and 1.11 R=S5i 612 432 3780 01-12-93 04 :41PM P002 #03 SENT BY: 1-12-93 ; 5:41N ;SEVERSON WILCOX SHEL 612 681 4612;# 3/ 7 (3) makes a credible threat (4) with the intent to place that person in reasonable fear (5) of death or great bodily injury. The California statute provides definitions for several terms used in the crime such as "harasses" and "credible threat". Colorado's statute also prohibits a person from following "a person in or about a public place" and creates a violation if a person 'repeatedly insults, taunts, or challenges another in a manner likely to provoke a violent or disorderly response." Neither the California nor the South Dakota statutes have been tested for their constitutionality. The Colorado statute has been tested with regard to the "repeatedly insults, taunts," etc. provision. It was upheld as not being facially overbroad. However, a previous provision of the Colorado statute declared the crime of harassment to include: "When a person, with intent to harass, annoy, or alarm another person, engages in conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve no legitimate purpose." This provision was held to be overbroad and in violation of defendants' rights to due process. That provision was repealed by Colorado in 1990. II. Constitutional Reauirezaents of an Ordinance. "A state criminal statute is void for vagueness if it fails to define the criminal offense 'with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement. '" State v. Merrill, 450 N.W.2d 318, 322 (Minn. 1990) certiorpri denied 110 S. Ct. 2633 citing Molonder v. Lawson, 461 U.S. 352, 357, 103 S. Ct. 1855, 1858, 75 L.Ed.2d 903 (1983) . "If the description of the forbidden conduct is vague (citations omitted) * * * the statute may violate the due process clause." Merrill , 450 N.W.2d at 322. Any stalking ordinance adopted by the City Council must comply with the Due Process Clause of the Minnesota and United States Constitutions. Basically, the Due Process Clause as applied in -2- � S R=95% 612 432 3780 01-12-93 04 :41PM P003 3503 SETT BY: 1-12-93 ; 5:41PN ;SEVERSON WILCOX S EL-+ 612 681 4612;# 4/ 7 the criminal setting is designed to insure that a person accused of an offense for which he/she may be imprisoned, has guaranteed procedures by which that person will be convicted and sentenced. A primary aspect of those procedures is of course notice. The State, or in this case the Council, is in the position of . declaring certain behavior and conduct illegal. Ls the legislative body, the City has the burden of notifying the - public what is the forbidden conduct. For that reason, the proposed ordinance must specifically describe the behavior for which a person nay be arrested. Ordinances, however, may not conflict with state statutes regulating the same behavior. AAA Minn. Stat. S412.221, Subd. 32. Thus the stalking ordinance must not only comply with the Constitution but may not conflict with the current Minnesota Statutes attempting to regulate harassing or annoying behavior. III. Min esata Statutory SChg;ne: The State of Minnesota has adopted numerous statutes that attempt to prohibit annoying or harassing"behaviors. The current versions of those statutes and pertinent language are listed .below. A. Minn. Stat. 5609.747, Harassment. Minn. Stat. 5609.747, Subd. 2 (b) (2) defines "harassment" as the following: 1. A violation of Minn. Stat. 5609.605, Subd. 1(b) (7) (trespass statute) which prohibits the return to the property of another "with the intent to harass, abuse, or threaten another, after being told to leave the property and not to return," if the perpetrator has no claim of right to the property nor has the person who is legally able to do so granted right of entry to the perpetrator. You will note that this section does not protect for example, a person from his/her spouse while the parties are going through a dissolution if the property was originally owned jointly. 2. A violation of Minn. Stat. 5609.746, Subd. 2 (Interference with privacy statute) which prohibits a person from repeatedly following or pursuing another after being told not to do so by the target and when the perpetrator has the intent to "harass, abuse, or threaten" the target. -3-- R=SE 612 432 3780 01-12-93 04 :41PM P004 #03 SENT BY: 1-12-93 ; 5:42PM ;SEVERSON WILCOX SHEL-' 612 681 4612;# 5/ 7 3. A violation of Minn. Stat. 5609.79, Subd. 1(1) (b) which prohibits repeated telephone calls with the intent to "abuse, threaten, or harass." 4. A violation of Minn. Stat. $609.795, Subd. 1(3) which prohibits repeated use of the mails or repeated delivery of letters, telegrams or packages with the intent to "harass, abuse, or threaten." B. Minn. Stat. 5609.748, $arassment; Restrainina Order. Minn. Stat. S609.748 establishes a procedure by which a person who believes he/she is a target of harassment may obtain a restraining order against the person causing the harassment. Subdivision 1 of this section defines harassment as follows: "[R]epeated, intrusive, or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target. " While the language defining harassment appears to be broad, this section, requires that a judge issuing a harassment order specifically list those behaviors that will be considered to be a violation of the order. Subd. 8 (1) of Minn. stet. 5609.748 requires that an order "granted under this section must contain a conspicuous notice * * * of the specific conduct that will constitute a violation of the order." Our experience with judges issuing these orders indicates judges are usually quite specific about the prohibited conduct. For instance, a judge prohibits such behaviors as making any telephone calls to the victim or the victim's family at any location; not setting foot in the building containing the victim's residence or on any property owned by the victim's employer; sending any piece of paper to the victim by any means whether by mail or by personal delivery; forbidding the perpetrator from getting within 50 feet of the victim; approaching the victim's vehicle, etc. C. Minn. Stat. 5609.72, Disorderly Conduct. This section prohibits behavior the perpetrator has "reasonable grounds to know" that will tend to "alarm, anger or disturb others." The pertinent prohibited behavior includes "offense, obscene, abusive, boisterous, or noisy conduct or offensive, obscene language tending reasonably to arouse, alarm, anger or resentment in others." -4- R•969_, 612 432 3780 01-12-93 04 :41FM F00_ #03 SENT BY: 1-12-93 ; 5:42PN ;SEVERSON 'WILCOX SHE1y 612 681 4612;# 6/ 7 IV. noreview Ordinance: In November of 1992, the City of Shoreview adopted a "harassment" ordinance, a copy of which is attached hereto. That ordinance prohibits two types of harassment: A. "A willful repeated course of conduct consisting of acts, words or gestures which, the perpetrator knows or reasonably should know, will alarm, anger or disturb the intended target of the harassment." The ordinance does not define a "repeated course of conduct." For example, it is not known whether two incidents are sufficient in number to qualify as a course of conduct and whether those two incidents only constitute a course of conduct if they occur within a particular time frame. This section of the ordinance is vague and does not alert a perpetrator as to the prohibited conduct. B. "Willful repeated, intrusive, or unwanted acts, words or gestures which, the perpetrator knows or reasonably should know, will adversely affect the safety, security or privacy of the intended target." The language of this second kind of harassment is very broad and would certainly cover what we believe advocates of stalking statutes are actually attempting to prohibit namely, actions by a perpetrator that let the victim know that the perpetrator is "hovering" around or simply close enough to be a bother. Much of the languages user in Shoreview's ordinance is taken from current Minnesota statutes. Although the second portion of the ordinance defines harassment as "willful, repeated, intrusive or unwanted acts, words or gestures" which is taken directly from Minn. Stat. S609.748, Subd. 1, the ordinance does not include the remaining • 1"will adversely affect the safety, security or privacy" is from Minn. Stat. 5609.748 regarding harassment. "alarm, anger of disturb" is taken from Minn. Stat. 5609.72 regarding disorderly conduct. -5- R-9E 612 432 3780 01-12-93 04:41PM P006 #03 SENT BY: 1-12-99 ; 5:43PM ;SEVERSON WILCOX SHEL 612 681 4612;# 7/ 7 requirement of Minn. Stet. 5609.748, listing those behaviors that will be considered illegal. Without that specific list of behaviors that are violations, we believe at least this second portion of the Shoreview ordinance is very likely to be stricken as overly broad and vague. 1) /wkt --6- R-��,i 612 432 3780 01-12-93 04 :41PM P00? 1403 - SENT BY: 1-14-99 ; 4:07PM ;SEVIRSON WILCOX SHEL-► 612 681 4612;# 2/ 9 ORDIMBNCE NO. 2MD SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING SECTION 10._ REGARDING PROHIBITION OF STALKING AND HARASSING BEHAVIOR; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10. read as follows: Subd. 1. Stalking Prohibited.. A person who commits any of the following shall be guilty of stalking: A. Willfully, and repeatedly follows another person and makes a credible threat to that person; or B. Repeatedly makes any form of communication to a • person, whether or not a conversation ensues, and makes a credible threat to that person; or C. Willfully and repeatedly harasses another person and makes a credible threat to that person. Subd. 2 . Definitions. For the purposes of this Section, the following definitions shall attach: A. "Credible threat" means a threat, through words or actions, that would cause a reasonable person to be in fear for that person's life or safety; B. "Repeatedly" means on more than one occasion within a six-month period or three or more occasions within a twelve-month period; C. "Harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress. Subd. 3. Violation of this Section shall be a misdemeanor. R-95% 612 432 3/80 01-14-93 03: 08PM P002 #28 mink SERI BY: 1-14-93 ; 4:08PM ;SEVERSON WILCOX SHEL 612 681 4612;# 3/ 3 Section 2. Eagan City Code Chapter 1 entitled "General provisions and Definitions Applicable to the Entire City Code Including 'Penalty for herebyioado adopted section "Violation by reference as Misdemeanor" thoughrepeated her y P verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Tim J. Pawlenty :- Minnesota State Representative Elect House of District 38B _ r Dakota County ', Representatives Dee Long,Speaker January 11, 1993 I 1!1 3 l 1 . • Tom Hedges, City Administrator City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122-1897 RE: House File No. 4--Stalking legislation Dear Tom: Enclosed please find a copy of H.F. 4 which was introduced by Rep. McGuire on January 6, 1993. I have been informed that a Senate companion bill will also be introduced in the very near future. In addition to Rep. McGuire's efforts, the Governor is very interested in pursuing stalking legislation and it appears he will be either supporting Rep. McGuire's legislation or organizing efforts for the introduction of additional legislation. In any event, there appears to be a great deal of momentum behind enhancing Minnesota's stalking laws. I hope this information is helpful to you and the council. Please don't hesitate to contact me if you have any questions or need additional information. Very i u • —s, Tim Pawlenty State Representative Enc. cc: Eagan City Council • 732 Windmill Court. Eagan. Minnesota 55123 (612) 688£105 State Office Building, St Paul, Minnesota 55155 (612) 296-196C • House Fax (612)296.1563 w, sea • 01/06/93 (REVISOR ] XX/CA 93-0562 Introduced by McGuire, Delmont, WejQnan, H.F. No. 4 Beard, Limner won S.F. No. January 7, 1993 Referred to Committee on JUDICIARY 1 A bill for an act 2 relating to crime; clarifying and expanding the scope 3 of harassment and stalking crimes; requiring that 4 convicted harassers be assessed as to their need for 5 mental health treatment; improving the enforcement 6 mechanism for civil harassment restraining orders; 7 clarifying the application of enhanced penalties for 8 repeat domestic assaults; amending Minnesota Statutes 9 1992, sections 609.224, subdivision 2; 609.605, 10 subdivision 1; 609.748, subdivision 6; 609.79, 11 subdivision 1; and 609.795, subdivision 1; proposing 12 coding for new law in Minnesota Statutes, chapter 609; 13 repealing Minnesota Statutes 1992, sections 609.02, 14 subdivisions 12 and 13; 609.605, subdivision 3; 15 609.746, subdivisions 2 and 3; 609.747; 609.79, 16 subdivision la; and 609.795, subdivision 2. 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 18 Section 1. Minnesota Statutes 1992, section 609.224, 19 subdivision 2, is amended to read: 20 Subd. 2. [GROSS MISDEMEANOR. ] (a) Whoever violates the 21 provisions of subdivision 1 against the same victim within five 22 years of a previous conviction under subdivision 1, sections 23 609.221 to 609.2231, or any similar law of another state, may be 24 sentenced to imprisonment for not more than one year or to a 25 payment of a fine of not more than $3,000, or both. Whoever 26 violates the provisions of subdivision 1 against a family or 27 household member as defined in section 5188.01, subdivision 2, 28 within five years of a previous conviction under subdivision 1 29 or sections 609.221 to 609.2231 against a family or household 30 member, may be sentenced to imprisonment for not more than one 31 year or to payment of a fine of not more than $3,000, or both. 1 (..0 01/06/93 [REVISOR ] XX/CA 93-0562 1 (b) Whoever violates the provisions of subdivision 1 within 2 two years of a previous conviction under subdivision 1 or 3 sections 609.221 to 609.2231 may be sentenced to imprisonment 4 for not more than one year or to payment of a fine of not more 5 than $3,000, or both. 6 (c) As used in paragraph (a), "previous conviction" 7 includes convictions for which sentence was executed and 8 convictions for which imposition or execution of sentence was 9 stayed. 10 Sec. 2. Minnesota Statutes 1992, section 609.605, 11 subdivision 1, is amended to read: 12 Subdivision 1. [MISDEMEANOR. ] (a) The following terms have 13 the meanings given them for purposes of this section. 14 (i) "Premises" means real property and any appurtenant 15 building or structure. 16 (ii) "Dwelling" means the building or part of a building 17 used by an individual as a place of residence on either a 18 full-time or a part-time basis. A dwelling may be part of a 19 multidwelling or multipurpose building, or a manufactured home 20 as defined in section 168.011, subdivision 8. 21 (b) A person is guilty of a misdemeanor if the person 22 intentionally: 23 (1) permits domestic animals or fowls under the actor's 24 control to go on the land of another within a city; 25 (2) interferes unlawfully with a monument, sign, or pointer 26 erected or marked to designate a point of a boundary, line or a 27 political subdivision, or of a tract of land; 28 (3) trespasses on the premises of another and, without 29 claim of right, refuses to depart from the premises on demand of 30 the lawful possessor; 31 (4) occupies or enters the dwelling of another, without 32 claim of right or consent of the owner or the consent of one who 33 has the right to give consent, except in an emergency situation; 34 (5) enters the premises of another with intent to take or 35 injure any fruit, fruit trees, or vegetables growing on the 36 premises, without the permission of the owner or occupant; or 01/06/93 [REVISOR J XX/CA 93-0562 1 (6) enters or is found on the premises of a public or 2 private cemetery without authorization during hours the cemetery 3 is posted as closed to the publics-er 4 f?t-returns-te-the-property-ef-another-with-the-intent-te 5 haresss-abnees-er-threaten-anethers-after-being-told-te-leave 6 the-property-and-net-te-returns-if-the-after-is-without-elaim-ef 7 right-te-the-property-er-eensent-of-one-with-authority-te 8 eensent. 9 Sec. 3. Minnesota Statutes 1992, section 609.748, 10 subdivision 6, is amended to read: 11 Subd. 6. [VIOLATION OF RESTRAINING ORDER. ] (a) When a 12 temporary restraining order or a restraining order is granted 13 under this section and the respondent knows of the order, 14 violation of the order is a misdemeanor. 15 (b) A peace officer shall arrest without a warrant and take 16 into custody a person whom the peace officer has probable cause 17 to believe has violated an order issued under subdivision 4 or 5 18 if the existence of the order can be verified by the officer. 19 (c) A violation of a temporary restraining order or 20 restraining order shall also constitute contempt of court. 21 (d) Upon the filing of an affidavit by the petitioner, any 22 peace officer, or an interested party designated by the court, • 23 alleging that the respondent has violated an order issued under 24 subdivision 4 or 5, the court may issue an order to the 25 respondent requiring the respondent to appear within 14 days and 26 show cause why the respondent should not be held in contempt of 27 court. The court also may refer the violation of the order to 28 the appropriate prosecuting authority for possible prosecution 29 under paragraph (a). 30 Sec. 4. (609.749] (HARASSMENT; STALKING; PENALTIES.] 31 Subdivision 1. (DEFINITIONS. ] (a) As used in this section, 32 the following terms have the meanings given in this subdivision. 33 (b) "Harass" means to interfere with another person so as 34 to persecute or oppress that person. 35 (c) "Individual" means a natural person. 36 (d) "Threaten" means to express a purpose or intent to 3 ' 01/06/93 [REVISOR ] XX/CA 93-0562 1 injure the person, property, or rights of another by the 2 commission of an unlawful act. 3 Subd. 2. [HARASSMENT AND STALKING CRIMES. ] A person who 4 commits any of the following acts with the intent to harass, 5 abuse, or threaten another, is guilty of a misdemeanor: 6 (1) repeatedly follows or pursues another, after being told 7 not to do so either by the person being followed or pursued or 8 by a peace officer; 9 (2) returns to the property of another, after being told by 10 the lawful possessor or by a peace officer to leave the property 11 and not to return, if the actor is without claim of right to the 12 property or consent of one with authority to consent; 13 (3) repeatedly makes telephone calls, whether or not 14 conversation ensues; 15 (4) makes or causes the telephone of another repeatedly or 16 continuously to ring; or 17 (5) repeatedly used the mails or delivers letters, 18 telegrams, or packages. 19 The offenses described in clauses (3) and (4) may be prosecuted 20 either at the place where the call is made or where it is 21 received. 22 Subd. 3. [AGGRAVATED VIOLATIONS. ] A person who commits any 23 of the following acts is guilty of a gross misdemeanor: 24 (1) commits any offense described in subdivision 2 because 25 of the victim's or -another's actual or perceived race, color, 26 religion, sex, sexual orientation, disability as defined in 27 section 363.01, age, or national origin; 28 (2) commits more than one offense described in subdivision 29 2, clause (2), against the same individual within six 30 consecutive months; or 31 (3) commits any offense described in subdivision 2, clause 32 (3) , (4) , or (5), by falsely impersonating another with intent 33 to harass, abuse, or threaten that person or another. 34 Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; GROSS 35 MISDEMEANOR PENALTY. ] A person is guilty of a gross misdemeanor 36 who: cCD 4 01/06/93 [REVISOR ] XX/CA 93-0562 1 (1) violates any provision of subdivision 2 within two 2 years after a previous conviction under subdivision 2 or 3, 3 section 609.748, subdivision 6, sections 609.221 .to 609.224, or 4 section 609.713, subdivision 1 or 3; or 5 (2) violates any provision of subdivision 2 against the 6 same victim within five years after a previous conviction under • 7 subdivision 2 or 3, section 609.748, subdivision 6, sections 8 609.221 to 609.224, or section 609.713, subdivision 1 or 3. 9 Subd. 5. [MENTAL HEALTH ASSESSMENT AND TREATMENT. ] ijkl 10 When a person is convicted of an offense under this section, or 11 another offense arising out of a charge based on this section, 12 the court shall order an independent professional assessment of 13 the offender's need for mental health treatment. The court may 14 waive the assessment if an adequate assessment was conducted 15 prior to the conviction. 16 (b) Notwithstanding section 13.42, 13.85, 144.335, or 17 260.161, the assessor has access to the following private or 18 confidential data on the person if access is relevant and 19 necessary for the assessment: 20 (1) medical data under section 13.42; 21 (2) corrections and detention data under section 13.85; 22 (3) health records under section 144.335; and 23 (4) juvenile court records under section 260.161. 24 Data disclosed under this section may be used only for purposes 25 of the assessment and may not be further disclosed to any other 26 person, except as authorized by law. 27 (c) If the assessment indicates that the offender is in 28 need of and amenable to mental health treatment, the court shall 29 include in the sentence a requirement that the offender undergo 30 treatment. 31 Sec. 5. Minnesota Statutes 1992, section 609.79, 32 subdivision 1, is amended to read: I I 33 Subdivision 1. Whoever= does either of the following is 34 guilty of a misdemeanor: 35 (1) By means of a telephone, 36 tat makes any comment, request, suggestion or proposal (!k2) 01/06/93 (REVISOR ) XX/CA 93-0562 1 which is obscene, lewd, or lascivious, 2 fbf-Repeatedly-makes-telephene-eails,-whether-er-net 3 eenversatien-ensees,-with-intent-te-abase,-threaten,-er-harass, 4 fe}-Makes-er-eanses-the-telephone-ef-another-repeatedly-er 5 eentineensiy-te-ring,-with-intent-te-harass-any-person-at-the 6 eaaled-nembery; or 7 (2) Having control of a telephone, knowingly permits it to 8 be used for any purpose prohibited by this sections-shall-be 9 gniity-ef-a-misdemeanor. 10 Sec. 6. Minnesota Statutes 1992, section 609.795, 11 subdivision 1, is amended to read: 12 Subdivision 1. [MISDEMEANORS. ) Whoever does any either of 13 the following is guilty of a misdemeanor: 14 (1) knowing that the actor does not have the consent of 15 either the sender or the addressee, intentionally opens any 16 sealed letter, telegram, or package addressed to another; or 17 (2) knowing that a sealed letter, telegram, or package has 18 been opened without the consent of either the sender or 19 addressee, intentionally publishes any of the contents thereof; 20 er 21 f9f-with-the-intent-te-harass,-ebeses-er-threaten, 22 repeatedly-rases-the-mails-er-delivers-letters,-telegrams,-er 23 paekages. 24 Sec. 7. [REPEALER.) 25 Minnesota Statutes 1992, sections 609.02, subdivisions 12 26 and 13; 609.605, subdivision 3; 609.746, subdivisions 2 and 3; 27 609.747; 609.79, subdivision la; and 609.795, subdivision 2, are 28 repealed. 29 Sec. 8. [EFFECTIVE DATE. ) 30 Sections 1 to 7 are effective August 1, 1993, and apply to 31 crimes committed on or after that date. Tim J. Pawlenty :.r. . Minnesota State Representative Elect 4 = House of District 38B Dakota County = Representatives Dee Long,Speaker January 13, 1993 • 7 \, 15 i 'I Tom Hedges, Administrator City of Eagan y 3830 Pilot Knob Rd. Eagan, MN 55122-1897 RE: Stalking laws Dear Tom: Enclosed please find a "legisbrief' regarding stalking laws from the National Conference of State Legislatures. The document provides a brief overview of stalking law activities in various states. I thought the reference to anti-stalking statutes on the bottom of the second page to a publication produced by the Congressional Research Service may be of particular help to you or the city attorney in the event the city pursues a stalking ordinance further. I hope this information is helpful to you. Please call me if you have any questions or need further information. Very tru Tim Pawlenty State Representative Enc. cc: Eagan City Mayor and Council 732 Windmill Court, Eagan, Minnesota 55123 (612)688-6105 State Office Building, St. Paul, Minnesota 55155 (612)296-1960 House Fax(612)296-1563 tJ ICI C S L • L E G 15 B R I E F by January 1993 Volume 1,No.4 • Donna Hunzeker Stalking Laws States have enacted"stalking"laws to punish people who repeatedly watch,follow,harass or threaten someone with physical harm or death. Stalking laws criminalize these activities and give police recourse before an attack takes place. Resduning orders States passing stalking laws determined there were inadequate provisions in existing law to protect inadequate stalking victims. In drafting and considering laws,legislatures in many states heard about victims who were brutally attacked and sometimes killed after enduring months and even years of threats and intimidation. Civil restraining or protective orders were nearly always in place but inadequate to deter the stalker from committing an act of violence. A third of female murder victims in 1990 were slain by husbands or boyfriends,according to the FBI. .nine states Twenty-nine states now have stalking laws. California passed the first in 1990,creating(and with stalking laws coining)stalking as a crime. States enacting similar laws in 1992 were: Alabama,Colorado, Connecticut,Delaware,Florida,Hawaii,Kansas,Idaho,Illinois,Iowa,Kentucky,Louisiana, Massachusetts,Mississippi,Nebraska,New York,North Carolina,Ohio,Oklahoma,Rhode Island, South Carolina,South Dakota,Tennessee,Utah,Virginia,Washington,West Virginia and Wisconsin. States with stalking measures pending on November 1, 1992,include Michigan,New Jersey and Pennsylvania. Other states,including Texas and Indiana,are preparing legislation to be introduced in 1993. In other states,laws called something other than stalking have similar intent and purpose. Since 1987,Minnesota has had trespass and harassment laws on the books to apply to stalking situations that include"intent to harass,abuse or threaten." Minnesota law also has felony penalties for "terroristic threats"which can apply to stalking situations. Similarly in Maine,"terrorizing"is a Class D or Class C crime when threats of violence are made. Arizona created misdemeanor classifications of harassment last year. Stalking defined States typically have defined stalking as willful,malicious and repeated following and harassing of classified another person. Most stalking laws require that the perpetrator make a"credible threat of violence"against the victim,and in many states,it includes threats against the immediate family of the victim. Many provisions require that the victim have"reasonable fear of death or great bodily injury." The 1990 California measure was enacted following the murders of five Orange County women the year before. In each case,the victim had been stalked and threatened and had a temporary restraining order against her assailant. The California measure was hailed by victims'and women's groups,and had support from the entertainment community because of cases in which celebrities are stalked and threatened by obsessed fans. NATIONAL Erecu;:l e Director Wain T Pound Denver Office: 1560 Broadway. Xarhington Office. 444 N.Lapitol St..N.W., CONFERENCE Suite 00 Suite CIS OF STATE Copvr.Nht National Conference Denver,Colorado 80202 Washington.D.C. 20001 LEGISLATURES .it tit.t Legislatures 303.830.2200 202 624 6400 ct3 Nineteen states have both misdemeanor and felony classifications of stalking with up to one year of jail typical for first offenses. Tougher penalties of up to three,five and even six years often apply to second or subsequent stalking offenses. Enhanced penalties also apply in 18 states where a stalker violates a protective order. In some states with a felony stalking provision,bail can be established to increase the likelihood or duration of detention of alleged stalkers. Stalking laws in Iowa,Ohio and Illinois deal more specifically with the bail issue. Constitutionality Stalking laws in Florida and Ohio provide for warrantless arrest of alleged stalkers. Defense attorney groups and others have questioned the appropriateness,if not constitutionality,of warrantless arrest of stalkers,but other observers point out that such provisions in domestic violence laws have been found permissible. A report last fall by the federal Congressional Research Service discussed whether some state stalking laws are too vague to be constitutional. In particular,that report questioned constitutionality of state laws in which following and harassing are considered stalking without also requiring credible threats of violence. The U.S.Congress last year approved legislation under which the National Institute of Justice will work with states to monitor constitutionality and other outcomes of state stalking laws. Model provisions will be developed to help states adapt or enact laws. STALKING CRIME CLASSIFICATIONS Felony only: Delaware,Florida,Illinois Misdemeanor only: Colorado,Kansas,Hawaii,Utah,South Carolina,West Virginia Both Felony and Misdemeanor crimes: California,Connecticut,Idaho,Iowa,Kentucky,Louisiana, Massachusetts,Mississippi,Nebraska,New York,North Carolina, Ohio,Oklahoma,Rhode Island,South Dakota,Tennessee, Virginia,Washington,Wisconsin. (Where both felony and misdemeanor classifications can apply,felony treatment is generally for when a protective order is violated and for second or subsequent stalking convictions.) Selected References Thomas,Kenneth B. Anti-Stalking Statutes:Background and Constitutional Analysis. Washington, D.C.: Congressional Research Service,Library of Congress,September 26,1992. Resnick,Rosalind. "States Enact'Stalking'Laws." The National Law Journal(May 11, 1992): 3 and 27. Contacts for Further Information Donna Hunzeker NCSL (303)830-2200 Agenda Information Memo January 19, 1993 City Council Meeting NEW BUSINESS SPECIAL ASSISTANCE RECYCLING GRANT A. Application, Recycling Program, Dakota County Special Assistance Grant--Enclosed on pages (Q through 1 b\is a memorandum from Recycling Coordinator Hageman covering the City's 1993 Community Landfill Abatement Special Assistance Grant application. As noted in the memorandum, the Special Assistance Grant Program provides supplemental funding above and beyond the Dakota County Landfill Abatement Funding for specialized projects within Dakota County cities. The City has up to $50,000 available to it in 1993 with funding cycles occurring in February and July of the year. Upon review of the City's program and consultation with the Solid Waste Abatement Commission, two projects totaling $16,757 in grant aid were identified. Those are reflected within the application and would permit expanded installation of recycling containers in the City's parks as well as enhanced promotional activities and materials. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for the City's recycling program for the Dakota County Special Assistance Grant in the amount of $16,757 as presented. CITY MEMO TO: HONORABLE MAYOR AND C COUNC ILMEMBERS CITY ADMINISTRATOR HEDGES FROM: RECYCLING COORDINATOR HAGEMAN DATE: JANUARY 12, 1993 SUBJECT: DAKOTA COUNTY SPECIAL ASSISTANCE GRANT APPLICATION Dakota County has established a Special Assistance Grant Program to help local communities with one-time capital and/or special program needs such as education/promotion materials. The amount available to the City of Eagan is approximately $50,000 and is only available in 1993. The City of Eagan has an opportunity to apply for these funds through two grant rounds scheduled for February 1 and July 1 of this year. At this time, I would like to submit an application for the February 1, 1993 deadline. The projects/special needs I have outlined in the application target our recycling efforts in the parks and educational/promotional materials for special events and citywide distribution. The Recycling Program in the parks began in 1991 at Northview Athletic Complex and our two larger community parks. Today, the program offers recycling opportunities to residents and visitors in six parks. Special recycling containers were purchased for separated aluminum cans and the containers are serviced by park attendants. I have reviewed the program logistics,park usage and future needs with Parks and Recreation Director Vraa and his staff to determine the number of containers to purchase (31). Included in this number will be ten containers to be used at the Dakota Hills Middle School and the Eagan Highschool ball fields in the manner similar to our usage at Northview Athletic Complex. The opportunity to recycle in the parks is an important expansion of the curbside recycling program. The recycling containers are highly visible and participation has been very good. The other item(s) in the application deal with educational/promotional materials needed for special events and possible citywide distribution. The request is made for funds for items such as buttons, baseball caps and refrigerator magnets. Over the past three years I have given away the buttons at the Fourth of July parade and school presentations. The hats are used for special events and thankyous to volunteers etc. The magnets are another item which could be handed out at special events and will correspond well with our citywide information cards to be distributed this year. I am currently working with other local recycling coordinators within the county to develop joint projects and evaluate the grant program in general. I anticipate submitting another application during the July 1 grant cycle. If you have any questions regarding the application or other program activities, please do not hesitate to contact me. The application will need the approval of the City Council before it can be submitted to Dakota County for review. •ecycling oordi:ator cc: Acting Community Development Director Hohenstein • Attachment C 1992/1993 COMMUNITY LANDFILL ABATEMENT SPECIAL ASSISTANCE GRANT City/Township: City of Eagan Date Submitted: 2/1/93 Address: 3830 Pilot Knob Rd. Program Period 3/93 to -- Eagan, Minnesota 55122 I. Project Grant Sponsors I. If this is a multi-community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. II. Project Grant Overview Please provide an overview of the project, outlining the following: o Describe any current abatement activities which would be enhanced or replaced if the abatement activities being proposed were implemented. o When will the project activities occur? o What are the major goals of the project? o If measurable, what are the anticipated or projected landfill abatement results from the proposed activities? o Identify the generators to be served (List the type of solid waste generators that will directly benefit from the project) . Attached II. Project Grant Overview Current abatement activities which would be enhanced or replaced if the abatement activities being proposed were implemented. Project A-Recycling Containers in the Parks/Schools Our Recycling Program in the parks began in 1991 at the Northview Athletic Complex and two larger community parks. Today, the program offers recycling opportunities to residents and visitors in six parks. Special recycling containers were purchased for separated aluminum cans and the containers are serviced by park and ballfield attendants. Our expansion focuses on the next tier of parks which still have reserved usages, serve organized events and are serviced by park attendants. The expansion will incorporate seven additional parks into the program. In addition to the expansion in the park system, we would like to place six containers at the Dakota Hills Middle School and Eagan Highschool ballfields. These ballfields will be utilized by residents and visitors involved in community organized sports as well as the middle and highschool ball teams. The extension of the program into these areas is logical and will enhance the recycling program recognition throughout the community. Project B-Educational/Promotional materials The items listed in the application will allow the recycling program to compliment the promotion/education activities targeted for this year and 1994. The City of Eagan will be distributing four Information Cards in 1993 which will replace the traditional three fold brochure. The magnets will be coordinated with the information card to encourage residents to save the information and place on their refrigerator or wherever most convenient. The buttons are items used at school presentations and special events which improves awareness of the program. Buttons are a good means to promote the program logo. The hats will also increase awareness of the program. By using the hats as thank yous for involvement in community events such as Earth Day and the Community Clean Up Day we will also connect the program to promoting community spirit. The hats will also be used as raffle prizes at school events and the Earth Day celebration. The performance by Peoples Magic has been very successful at past Earth Day Celebrations. The performances create a fun atmosphere to learn more about recycling and waste reduction. A performance is scheduled for the Environmental Quality this year. (71C7( When will the project activities occur? Project A The expansion of the parks program is targeted for the spring of 1993. The containers will be in place when the shelter building open and the baseball season begins. The program will continue indefinitely. Project B The promotional items will be purchased in the spring of 1993 to be used throughout the year and possibly into 1994. What are the major goals of the project? Project A The major goal of the project is to expand recycling opportunities to residents and visitors to our parks and shelter buildings. The opportunity to recycle in the parks in an important expansion of the curbside recycling program giving residents and visitors convenient options for proper waste management. Providing recycling capabilities to residents in a variety of locations and situations will help encourage the recycling "habit". The recycling containers are highly visible and recognizable and have been very well received over the last two years of the program. A secondary goal for the project is also to increase abatement at whatever levels possible. Project B The additional promotional items used will increase awareness of the program. By including the magnets with our information cards we will encourage residents to place the information where it is most convenient and utilized in helping with recycling program and other waste management practices. What are the anticipated or projected landfill abatement results from the proposed activities? Project A Over the past two years, the parks recycling program has collected approximately 4000 pounds of aluminum cans. With the additional containers placed throughout the parks system, abatement should increase by 40%. Project B By increasing overall awareness of the program, abatement should increase in the curbside and multi-family collections. Identify the generators to be served/benefited from the project? Project A Residents of all ages who utilize the parks for organized program or leisure as well as visitors during organized sports/events will benefit from the program. Having additional opportunities to recycle in the parks will enhance overall participation. Members of the community as well as school children and spectators will also benefit from the containers placed at the middle and highschool ball fields. Project B Residents, school children, participants in special events will benefit from receiving the special promotional items. \9 \ III. Project Grant Work Program Recycling Coordinator Kris Hageman will be the lead staff person responsible for coordinating program activities. The Parks Operations Supervisor and park attendants will be responsible for recycling operations in the parks. The attendants monitor, service and maintain the containers on a daily/weekly basis throughout the season. Some buildings/shelters are utilized at different times throughout the year. Containers will be placed at all locations no later than May 15, 1993. Production of any needed art work for the buttons, magnets or hats will be done by the Recycling Coordinator. Distribution of the magnets is scheduled in conjunction with the first citywide mailing of the information card. Additional magnets may also be used as"give away"items as special events. The buttons and hats will be distributed during special events and school presentations throughout the year. The supply purchased may last into 1994. Page three IV. Proiect Grant Budget Project A Project Period: 4/93 to __ Total Project Cash Assistance Budget Item Cost Local Match Grant Contracted Labor Travel Expenses Transportation 31 containers $ 271 $ 271 Postage Printing Equipment Rent/Lease Purchase Recycling Containers $ 4,836 $ 4,836 Locks, Posts,cable $ 100 Other: $ 5,207 $ 100 $ 5,107 TOTALS $ $ $ TOTAL PERCENTAGES 100 3% 97% Anticipated Project Revenues $ 300 \"0 Page three IV. Project Grant Budget Project B Project Period: 3/93 to 12/93+ Total Project Cash Assistance Budget Item Cost Local Match _ Grant Contracted Labor Peoples Magic $ 400 $ 250 $ 150 Performance Travel Expenses Transportation Postage Magnets $ 5,800 $ 5,800 Printing Magnets $ 4,100 $ 4,100 Buttons 600 600 Hats 500 500 Equipment Rent/Lease Purchase Other: $11 ,400 $ 250 $11 ,150 TOTALS $ $ $ TOTAL PERCENTAGES 100% 3% 97% Anticipated Project Revenues $ Page four V. Itemized Project Costs Projects A & B Please provide details for each budget item included in the line item budget. Detail would include the number of items as per unit cost, number of hours at hourly rates etc. Total Local Assistance Budget Item Amount Cash Match Grant People Magic Performance $ 400 $ 250 $ 150 Magnets 21 ,000 @ $.20 $4,100 $4,100 Postage 20,000 @ $.29 $5,800 $5,800 Buttons 2,500 @ $.24 $ 600 $ 600 Hats 100 @ $5.00 $ 500 $ 500 Recycling Containers/parks 31 @ $156.00 $4,836 $4,836 Locks, cable,posts $ 100 $ 100 Shipping 31 @ $7 $ 271 $ 271 17,107 350 16,757 TOTALS $ $ $ N:gp-gra2 VC) Agenda Information Memo January 19, 1993 City Council Meeting RIGHT-OF-WAY SETBACK VARIANCE/SONS CONSTRUCTION/ HILLS OF STONEBRIDGE B. Variance, Sons Construction,of 3' to the Required 30' Setback from City Right-of-Way for Lot 18, Block 4, Hills of Stonebridge, Located in the Northeast Quarter of Section 24-- An application has been received by Sons Construction for a 3 foot variance to the required 30 foot setback from City right-of-way for the above-referenced property. For additional information with respect to this application, please refer to the Co unity Development Department staff report which is enclosed on pages 10 through for your review. The City Code requires the existence of a hardship to permit any variance. As noted in the report, the applicant indicates that the hardship is the size of the proposed house in relation to the pie-shaped lot. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Sons Construction of 3 feet to the required 30 foot setback from City right-of-way for Lot 18, Block 4, Hills of Stonebridge, located in the northeast quarter of Section 24 as presented. to SUBJECT: VARIANCE APPLICANT: SONS CONSTRUCTION LOCATION: NE QUARTER SECTION 24 EXISTING ZONING: PD R-1 (PLANNED DEVELOPMENT SINGLE FAMILY) DATE OF PUBLIC HEARING: JANUARY 19, 1993 DATE OF REPORT: JANUARY 1, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 3' to the required 30' setback from City right-of-way for Lot 18, Block 4, Hills of Stonebridge, located at the NE intersection of Brockton Circle and Stonebridge Drive. COMMENTS: The City Code requires a 30' building setback from City right-of-way. This lot is a corner lot and therefore two sides of the lot must meet a 30' building setback. According to the applicant, this Variance is necessary because the proposed house and garage cannot meet the required setbacks of this pie-shaped corner lot. If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. 2. All applicable City requirements. \ wm �EA -:,;0:0T-,t ,,! I � q J -,!, ..t,:.,,') . , Y f 1 1 O v�r O V� f�N —WANDERING W4tsR,P � ..m��_ru. f 1._�L.iN_��_ WESCOTT �l� ' i,. t- �yRD _ ,,,,_7i_,,, c,Q I , r�� ,7 e j +ctE cx+ } /� NE b% MII f(.0 �I RI lip :. '1C N NTRY P .sg -VATM • + C 1 /�, ' I■ ��?� a f c q J _�\ ;`°f � . �µ BMA �IqD: e/ !i c 9f BCfR\� / v � w�\ t„,„,,,,,P, e :I = y6"y��� ,�/ %Wq l�f W W(E�ST -t,, I i ,,,, sW��_7_I Wr. ., \� sE INTRY �//per) a /I /-\ P�Y'� 1 1 fTF e�RIE / V o i\`f N i CA. ¢ C,,,h`fv Tt! C:R-,,,, l ; � C� 0 i''Ill./,« Ida u�o g T I X01 2422 EntetpI1t l Nye ** *f Mtndoil et'Wei,lte MN 55 t 20 * MCNEES:I LAND lunvt-ar+tle CIVIL tNC!►f«— . .- .W_._ N5512• . �� f1��r, �� ItNO/I;NLP4'LANOSCA►[ARCSIITECTS (612) 681.1914 * Certificate of Survey for:, NO C114 tot, � '- ytb • o°o -�/ ' r I I ' r U ' / \I I ' / (�� t �l t k / I� �`') I / (7e / / / A ( r) !c t / ( ,/VI � I \ 10 k / ti ` . ,01 rA r / hA� V r y M 1\f (At, h b (C' ti \ (\/ / 0 \ /Q C> a i CN .r. 1� \ _ 1 VII -r 1p C, �_ / �,1 4' lY3 a � �RpnUSE NvvsE Ec�v�i�� 1oNs . 900.0 Denules ezislirtc� Ilevy/ion �, �, y �- --- � �:.°: r 900•o C)enoles prop cd Lievaf on Lowest floor levalron __ _ t ____ endlrs Vrv►ma a (vliii 1 Easement o Block Llevalror� : _ - - - Denote; draara e Flow Arrows 'MP t 5,'< CarO Slob r/evafron e.. __ o Uertales maritime/11 new-i►1$c Showf1 art assurme 1----. LOT 1 BLOCK 4 JPILLs, OF STON( RIDGE AKOt4 coJNtY momr_SdrA 6UECr 10 LAS6MENrS OF Rt'rvan t hereby rotilly that thit trrrvav, nlon or report was oreolltd by me or under toy direct uroervlslon end Ihet 1 Om duly rl,eitterad I.e1A Sut.esnt tinder OA lows of the Stete of rAlnnesote.t)Sted thlf day of., n.h, 19__. ._. Scale : rich . 40441' 0b — — -- ___ .— -- 'ca/e • ��--. POAEtr> n Strcictrl t,nsG ►1rr teeol Agenda Information Memo January 19, 1993 City Council Meeting SIGNAGE VARIANCE/FACTORY FURNITURE OUTLET C. Variance, Factory Furniture Outlet, to Allow Signage to be Painted on Three Sides of the Building at 3820 Sibley Memorial Highway, Located on PID #10-01900-050-04 in the Northeast Quarter of Section 19--An application has been received of Factory Furniture Outlet for a variance to the City requirement that signage be limited to the major street frontages of a property. The building in question is the former Country Club Market at Cedarvale Center with principal frontages on Beau-de-Rue Drive and Sibley Memorial Highway. In addition to those two faces of the building, the applicant is requesting the variance to permit signage on a third side facing Cedarvale Lanes and the former Rax Roast Beef location. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages I_LOthrough a for your review. City code requires that a hardship exist to permit a variance from code requirements. As noted in the staff report, the applicant indicates that the type and amount of signage is necessary for the location to promote the name and nature of the business. Also, as noted in the report, the applicant proceeded with signage without obtaining a sign permit and the signage currently is in place on the building. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Factory Furniture Outlet to allow signage to be painted on three sides of the building at 3820 Sibley Memorial Highway, located on Lot PID #10-01900-050-04 as presented. SUBJECT: VARIANCE APPLICANT: PAUL WALKER LOCATION: NE QUARTER SECTION 19 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: JANUARY 19, 1993 DATE OF REPORT: JANUARY 11, 1993 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance to the City Sign Code to allow signage on the non-street side as well as signage painted directly on a building located at 3820 Sibley Memorial Highway, parcel 10-01900-050-04 (Factory Furniture Outlet). BACKGROUND: Subdivision 3.F. of the Eagan City Sign Code prohibits signs which are painted directly upon the wall of a building and subdivision 5.A. allows one business sign for each major street frontage. COMMENTS: The applicant is the owner of the Factory Furniture Outlet store located in the building formerly occupied by Country Club Market which has street frontage in the front and rear only (Highway 13 and Beau D'Rue respectively). The owner did not obtain a sign permit prior to having signage painted on three sides of the building. Each of the three sides has approximately 112 square feet of signage which is 6% of a given side. The sign code allows signage not to exceed 20% of a facade. The sign inspector noticed the nonconforming signage while on routine inspections. According to the applicant, this type and amount of signage is necessary for this location to promote the name and nature of the business. Staff has noticed temporary signage advertising the store off-site on weekends. This signage is not consistent with subdivision 7.J. of the City Sign Code that only allows temporary signs on-site. If approved, this Variance shall be subject to the following: 1. No off-site signage shall be allowed. 2. There shall be a one-time sign fee of $2.50/sq. ft. . J, rr% `. •.• �,_LN LSL9NC;E ' '' - 1O y ��/ i y IlIC9Er I 1 SVfs SE jSW \ ci 6 •o,� SV1 �, a ureic }+� 1 .9c NA2El'A 15 //Q</r •i, i. _ �v S .savrj _e / ®j cti/r'VSR _ • _ Q y,,. .. / \ 1 H I� ,-A .g R .E r" —W"/ i• ��\ - \ rl.ti. •K "'LIS • �/�7 • fr-- -' �/ 4 DAVENPORT }}} � No / AVE / I e: `Ey Oa N•i j�.0 •A - IMDNn6s n evr•/ 4`�'� � rI `.Ci. tfAARaf` i SART AVE 1 r . __ �1 4 71ALE li --� niz\ 4[oNn t' -SACONUE_= 1��Fti"o lA ' pT = IiR. --TR--- fGh- ®E OR �ARNEL.V0f_ R`A CARNELIAN r l ._r : - a M PAAA' p/_ U 5 cr. 5 �4 _ J7DE LA ©� roowl SW 'S ?' a 1 �N (nom. •A _ SK LN. a r��`7L �� 1 ' 1I# 'I AOM'L 'LAI�(RD( i i, CEDAR I C 1 4 `70 1` ------- ,. POND --------,.._.Es, = / fa . I— r /e 0AIt -1 T • F-A,IDAY Fv, , ,rv/eE ovt,4f7 , i 6 /N 0. 7, ......, _ ......_... , ± . . I— //7 Ff Hc /c ,Ff.rs —{ f4 CtO2 y FL/A,,1 toe 6- OL/r7El- fty.ti — MIR J——� ...mow.- IC'o il ...T ' r/�, - g ft 1- 7 f"� --I I__ sto4- —I M sr�...� f..,�_ - 1A.E 10 II i . t� r �� SUBMITTED BY APPLICANT Agenda Information Memo January 19, 1993 City Council Meeting PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT/ ENGSTROM'S DEERWOOD 2ND ADDITION D. Planned Development Amendment, Engstrom's Deerwood 2nd Addition/Robert Engstrom Companies, Changing the Land Use from PD R-3 (Planned Development Townhouse) to PD R-1 (Planned Development Single Family) Within the Engstrom's Deerwood Planned Development and a Preliminary Plat Consisting of Four Lots on Approximately 2.7 Acres Located Along the South Side of Deerwood Drive in the Southeast Quarter of Section 21--At its meeting of December 22, 1992, the Advisory Planning Commission considered separate applications from Robert Engstrom Companies for the above-referenced planned development amendment and preliminary plat known as Engstrom's Deerwood 2nd Addition. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages ZOthrough 2‘for your review. Also enclosed on pages/ 7 through 69 1,Q are the minutes of the APC meeting relative to this item. Please note that the Commission is recommending approval of both applications with the addition of a seventh condition to the preliminary plat not referenced in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a planned development amendment for Engstrom's Deerwood 2nd Addition/Robert Engstrom Companies changing the land use within the Engstrom's Deerwood Planned Development from R-3 (Townhouse) to R-1 (Single Family) and 2) a preliminary plat consisting of four lots on approximately 2.7 acres located along the south side of Deerwood Drive as presented. I/ 2 SUBJECT: PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY PLAT (ENGSTROM'S DEERWOOD 2ND ADDITION) APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: OUTLOT A, ENGSTROM'S DEERWOOD ADDITION EXISTING ZONING: PLANNED DEVELOPMENT/TOWNHOUSE (PD/R-3) DATE OF PUBLIC HEARING: DECEMBER 22, 1992 DATE OF REPORT: DECEMBER 8, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT T APPLICATION SUMMARY: Separate applications have been submitted requesting a Planned Development Amendment to change the land use from PD R-3 (Planned Development - Townhouse) to PD R-1 (Planned Development - Single Family) and a Preliminary Plat consisting of four lots on approximately 2.7 acres on the south side of Deerwood Drive in the SE 1/4 of Section 21. LOCATION/EXISTING CONDITIONS: The subject parcel is located in the NW corner of Engstrom's Deerwood Addition east of Deerwood Elementary School (Public Facility),south of Sherwood Downs Addition (R-1), and west of the intersection of Pilot Knob Road and Deerwood Drive. The Land Use Guide Plan designates this area as D-II (0-6 units/acre). The proposal is consistent with the Comprehensive Guide Plan. An amendment to the Planned Development Agreement is necessary to change the use of Townhouses on Outlot A to single family dwellings. BACKGROUND: In 1988, the 40-acre Engstom's Deerwood Addition was platted as 84 single family lots and one outlot for future development as townhouses. The development contract and Planned Development Agreement allow a maximum of 22 townhome units for Outlot A. If developed with the townhomes, the density for Outlot A would be 8.14 units/acre. With the new proposal, the density would be reduced by 6.66 units/acre to 1.48 units/acre. The overall density for both Deerwood Additions is now proposed as 2.21 vs. 2.66 units/acre. Prospective homebuyers in the Deerwood Addition were apprised of the future development plans of Outlot A. This notification was a condition of Final Plat approval of the first addition to inform, especially the eight homeowners whose lots abut Outlot A. • 1 ( 3 SITE PLAN: The area of Outlot A is 117,941 sq. ft. or 2.70 acres. The proposed four lots exceed the minimum lot size requirement, ranging in size from 16,409 sq. ft. to 52,232 sq. ft. Lots 2 and 3 are 80' wide and the applicant is requesting a 5' variance to the lots to preserve the stand of large oak trees on Lot 4. A tree survey was done and the 0.5 acre wooded area defined. This area is characterized by 6-18" red oaks. Lots 1 and 2 and Lots 3 and 4 share driveway access onto Deerwood Drive. Retaining walls will be constructed along each side of the driveways. The applicant has designated Lots 1 and 2 as split levels and Lots 3 and 4 as rambler walkout style homes. PARKS &RECREATION: A sidewalk exists adjacent to the parcel along Deerwood Drive. The parcel has not contributed towards this sidewalk and therefore is responsible for a cash trails dedication. This plan is also responsible for a cash parks dedication. GRADING/DRAINAGE/EROSION CONTROL: • The grading plan for the Engstrom's Deerwood 2nd Addition provides for the grading of the remaining 2.7 acres of the Engstrom's Deerwood 1st Addition development. The easterly 1 acre portion of this site is proposed to be left in its natural state. The remaining portion of this site will he graded with maximum cuts of 4 feet and maximum fills of 6 feet. The fill to be placed over the gas pipeline along the west property line of the site will require a Williams Brothers permit. There is an existing landscape berm that is located along the north property line of this site. The proposed driveway construction will require the removal of the berm in 2 locations to allow for the driveways to enter out to Deerwood Drive. The preliminary grading plan shows construction of retaining walls along the proposed driveways where the driveways cut through the berm. Detailed plans and specifications were made to be submitted with the final grading plan covering the construction of the retaining walls. Drainage from this development will travel in 3 different directions. The proposed driveways and front yard areas of the lots will be directed to Deerwood Drive and to the existing storm sewer on Deerwood Drive. The backyards of proposed Lots 2, 3 and 4 will be directed to the existing storm sewer along the south property line of this site. The drainage from the side yard and backyard of proposed Lot 1 will drain overland to the private pond built by Deerwood Middle School. The existing storm sewer facilities in this area have sufficient capacity to handle the drainage from this proposed development. The development \\ill be responsible for installing and maintaining erosion control measures in accordance ith the City's Erosion/Sediment Control Manual Standards. WATER QCALIT1 : This development lies in drainage basin B. Stormwater runoff from the site will discharge to a detention basin on the Deerwood School grounds or to the existing storm sewer system adjacent to the site. then to stormwater Pond BP-29, and finally to Blackhawk Lake. The developer apparently enlarged the wet pond volume of Pond JP-37 as part of Engstrom's Deerwood 1st Addition. The developer shall submit to the City an as-built grading plan showing the current wet pond volume for Pond JP-37. Staff will then analyze this increase to determine whether the modified ponding and drainage configuration associated with the 1st Addition is sufficient to meet water quality requirements for the 2nd Addition as well. If it is not, a cash dedication in lieu of ponding would be required because the site is too small to accommodate on-site ponding. There are no wetlands impact issues associated with this proposed development. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. /( ) • UTILITIES: Sanitary sewer service of sufficient size, capacity and depth is readily available from an existing 27" RCP trunk sanitary sewer that runs along the west property line of this site. The preliminary utility plan shows extending an 8" lateral sanitary sewer line through the four lots from the 27" line. The 8" line will be a publicly maintained line built to City standards. Watermain of sufficient size, pressure and capacity is available to serve this development - from an existing 18" watermain on Deerwood Drive. The preliminary watermain layout proposes to connect to the 18" watermain and provide individual 1" water services to the four proposed lots. The water service installation will require the removal and replacement of Deerwood Drive at the connections to the existing 18" watermain. There is an existing hydrant located in the front of proposed Lot 2 that will provide adequate fire protection to the proposed development. STREETS/.ACCESS/CIRCULATION: Street access is available to this development from Deerwood Drive. Deerwood Drive was upgraded to current City standards in the middle, 1980's to a width of 48 feet face to face of curb. With this project, a 5 foot wide concrete sidewalk was constructed along the south right-of-wa\ line of Deerwood Drive. The preliminary site plan proposes to construct 2 drive\yaN s that \v ill be shared by 2 lots out to Deerwood Drive. This development will be responsible for removing the 2 existing driveway openings that were provided off of Deerwood Dri\c and replace the street with new B618 concrete curb and gutter. 1 :\"S RIGHT-OF-WA1' PERMITS: EASE. II . I / Y/ PERM required ease ments of sufficient width based on depth of utilities will be dedicated as a part-of this plat. No riL,ht-of-way for internal streets will be dedicated as a part of the plat since all dl-i\e\\.o\ \\ill have access out to Deerwood Drive. The final plat shall dedicate on the ea' menu up to the high water level of the existing pond on Lot 1. The development w ill be responsible for ensuring that all regulatory agency permits (MPCA, Mn. Dept. of Health, NIWCC, Williams Brothers Pipeline, Cooperative Power Association, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION - Engstrom's Deerwood 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 �-P PLANNED DEVELOPMENT CONDITIONS 1. A Planned Development Amendment shall be entered into concurrently with the Final Plat of the Engstrom's Deerwood 2nd Addition. PRELIMINARY PLAT CONDITIONS FOR ENGSTROM'S DEERWOOD 2ND ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B4, Cl, C2, D1, El, Fl, G1, and Hl 2. Variances of 5' shall be approved for Lots 2 and 3 to allow 80' lot widths. 3. Snow fencing shall be erected around the .03 acre wooded area on Lot 4 prior to grading. 4. As part of the final grading plan, the developer will be required to submit detailed plans and specifications for staff review and approval for the proposed retaining walls. 5. The development will be required to provide individual sewer and water service to each proposed lot. 6. The two existing driveway openings on Deerwood Drive shall be removed and replaced with B618 concrete curb and gutter if they will not be utilized for proposed driveways. i �� 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. 7asements and tights-of-Ray 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pending , and utility easements as required by the alignment , depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 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 necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 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 insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1( 8 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public ymorovements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. permits 1 . This development shall be responsible for the acquisition cf all regulatory agency permits in the time frame required by the affected agency.. F. parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's water Quality Management Plan. E. Other 1 . All standard platting and toning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 p1ataprv.con LTS *2 l(- 1 ■ Deerwood 2nd Addition(, 1 `'� � EAGAN .. f: _ �, �• 7,,t, Mf/NICfOAL tEAt�.,ri rat z i, CENTER M,,,,r ,t,,pm,E vlrw�Nr ' z `: e 1 7� •,..^.c7:-. Yt .*-4 / �i s OR STREET MAP %- _at DEERwo.. .._1__= _ E A n Pwa� ^,.1c. !, 1 • ,, ' .. 0 't •RCI jam, \\-PATE S:. ..i.rg '� Ijl�` : - I e n `tom.// v I p,Q. /,444.', 1_ 1 O 'tea t i O MEINE CT /}y' 1 I a No 30 1 t (4,7 i v z RDi" a 401,9.51\I It, 4 it/a/l r1 ��:"WS" F C` 111 i_ s ,i S r�7 fl � � O Ai _ 15t . ' 1 •.I HALL - — S1 era' r. w ~ill • . gi I '1 P SAY II %' 3: AT.'• III •ii 1.--11?( J.` . .); NO 7 , ? .... 1 �'I L ;SM ny'f`r.l l I �� .:. ZONING MAP , _, �ljamC Ethic.tit 1 '31 J6,RI , nt Wi f Jo ,�If n' P *. 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CITY OF MAJOR DIVISION - - POND NORMAL WATER LEVEL . . . . . 900 0 E A G A N OVEND :OVRL 4AGE ROTE 9000 ` 11 NOTICE OF PUBLIC HEARING ` . ,- 1' ) r CITY OF EAGAN \_ v v IS HEREBY GIVEN THAT ON Tuesday, Dec. 22 , 1992 at 7:00 ! 1 ( iblic Hearing will be held by the Advisory Planning Commission at the Argus Development,Inc. rursuant to the application of Robert Engstrom .Compan ies-ENGSTROMS Bob Kopp DEERWOOD SECOND ADDITION Land Development h chapters 11 and 13 of the Eagan City Code to consider the 454.4663 Bus. 890-7100 Res. 454-0460 Fax bpment Amendment changing the land use from Townhouse 18133 Cedar Ave.So. Farmington,MN 55024 6 Family) within the Engstrom' s Deerwood Planned Development ■ and a Preliminary Plat consisting of four lots on approximately 2 .7 . acres. and variances to Eagan Code chapters 11 and 13 and/or Comprehensive Guide Plan Amendments, if required,for property located in Dakota County,Minnesota,T-27N,R-23W, described as follows: Located along the south side of Deerwood Drive in the SE< of Section 21 . DATED: Dec . 8, 1992 ADVISORY PLANNING COMMISSION CITY OF EAGAN E.J. Var,Overbeke City Clerk 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 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. "Wu rki44-, r/ rytoi, .-- i i4,14400 it tb 641 , ,z,,,,,,j_., Q",a, or 2e-Dte ra_ze, -/-. -44a. G„b-i?r f.- - 7 " -1 " Q_ (322.- LAW bPd-14k4 i MINUTES OP A REGULAR MEETING OP TEE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 22, 1992 ENGSTROMS DEERWOOD SECOND ADDITION ROBERT ENGSTROM COMPANIES Chairman Voracek opened the first public hearing of the evening regarding a Planned Development Amendment changing the land use from Townhouse to R-1 (Single Family) within the Engstrom's Deerwood Planned Development and a Preliminary Plat consisting of four lots on approximately 2 .7 acres located along the south side of Deerwood Drive in the SE 1/4 of Section 21. City Planner Sturm stated that this application was consistent with the Comprehensive Guide Plan. This planned development amendment would lower the density from 8.4 units/acre to 1.5 units/acre. He mentioned that lots 2 and 3 require a 5' lot width variance to preserve a stand of large oak trees. Access from these lots would be from two turn-around driveways onto Deerwood Drive. Robert Engstrom, the applicant, felt that this application was very compatible with the existing area. I � � Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 Chairman Voracek requested that a condition be added which requires the applicant to obtain driveway easements to be reviewed by the City Attorney's office and filed with the final plat. Merkley moved, Gorman seconded, the motion to approve a Planned Development Amendment changing the land use from Townhouse to R-1 (Single Family) within the Engstrom's Deerwood Planned Development located along the south side of Deerwood Drive in the SE 1/4 of Section 21 , subject to the following condition: 1. A Planned Development Amendment shall be entered into concurrently with the Final Plat of the Engstrom's Deerwood 2nd Addition. All present voted in favor. Merkley moved, Gorman seconded, the motion to approve a Preliminary Plat consisting of four lots on approximately 2 .7 acres located along the south side of Deerwood Drive in the SE 1/4 of Section 21 , subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al , B1 , B2 , B4 , Cl, C2 , D1, El, Fl, G1 and H1 2 . Variances of 5' shall be approved for Lots 2 and 3 to allow 80' lot widths. 3 . Snow fencing shall be erected around the . 03 acre wooded area on Lot 4 prior to grading. 4 . As part of the final grading plan, the developer will be required to submit detailed plans and specifications for staff review and approval for the proposed retaining walls. 5. The development will be required to provide individual sewer and water service to each proposed lot. 6. The two existing driveway openings on Deerwood Drive shall be removed and replaced with B618 concrete curb and gutter if they will not be utilized for proposed driveways. 7 . The developer is required to provide driveway easements to be reviewed by the City Attorney's office and filed with the final plat. All present voted in favor. ( QY Agenda Information Memo January 19, 1993 City Council Meeting REZONING/PRELIMINARY PLAT/FOUR OAKS ESTATES E. Rezoning, Four Oaks Estates/Rosewood Corporation, of Approximately 8.8 Acres from R-3 (Townhouse) to E (Estate) and a Preliminary Plat Consisting of Four Single Family Lots Located Along the North Side of Four Oaks Road in the Northwest Quarter of Section 9--At its meeting of December 22, 1992, the Advisory Planning Commission considered separate applications for a rezoning and preliminary plat of Four Oaks Estates located north of Four Oaks Road as outlined above. For additional information with respect to this item, please refer to the Co, pmunity Development Department staff repor which is enclo�d on pages Of2 through/Y2 for your review. Also enclosed on pages/j. through /are the Advisory Planning Commission minutes relative to this item. Please note that the APC is recommending approval of both applications with the deletion of standard plat Condition B-3 and the addition of preliminary plat Conditions 8 and 9 not referenced in the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning for Four Oaks Estates/Rosewood Corporation of approximately 8.8 acres from R-3 (Townhouse) to E (Estate) and 2) a preliminary plat consisting of four single family lots located along the north side of Four Oaks Road as presented. 4..2q SUBJECT: REZONING , PRELIMINARY PLAT, (FOUR OAKS ESTATES) APPLICANT: 2220 LIMITED PARTNERSHIP LOCATION: NW QUARTER SECTION 9 EXISTING ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: DECEMBER 22, 1992 DATE OF REPORT: DECEMBER 14, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning from R-3 (Townhouse) to E (Estate) zoning and a Preliminary Plat consisting of four lots on 8.8 acres located on the north side of Four Oaks Road east of Highway 13. EXISTING CONDITIONS: The site is heavily-wooded and contains significant slopes. The property falls about 100' from east to west. Approximately 5.8 acres of the 8.8 acre plat is heavily wooded. Over 5.3 acres of the woods are characterized by red oak and ironwood species. The red oaks range in diameter from 6" to 24". The western 130' of the parcel is low and contains boxelders and elms. The eastern woodland edge contains several 24" - 30" diameter cottonwoods. The eastern three acres of the parcel is meadow. COMMENTS: The proposed plat contains four lots ranging in size from 1.5 to 2.2 acres. The applicant intends each lot to be custom graded and built. The Estate zoning district requires 20,000 sq. ft. minimum lot areas and a 100' minimum lot width and all lots exceed these requirements. The Rezoning request is consistent with the Comprehensive Guide Plan designation of D-II Mixed Residential (0-6 units/acre). AIRPORT CONSIDERATIONS: This proposal does not fall within the Metropolitan Council's noise policy contours, but it is close enough (1/4-1/2 mile) to address the issue. This was discussed with the applicant at the staff review meeting. Since aircraft currently fly further south than they were when the contours were developed, noise may be considered to be intrusive by some of the project's residents. Therefore, while we cannot require the developer to meet Metropolitan Council standards, it would be appropriate to share with him ways to abate the noise within the units. By considering incorporation of such elements as chimney caps, elbows and vents, etc., the sound environment of the units may be substantially improved without considerable cost. � 3 PARKS & RECREATION: A grading plan was not provided with this application. Therefore, staff has prepared a conceptual grading plan to evaluate the developmental impact to the woodland resource. Lot 1 best orients the house pad within the low area to the west. It appears that a sensitive site layout will result in minimal impact to the woods. Lot 2 is covered in oak woods. The location of a house pad along the upper sideslope with a private drive off Four Oaks Road would disturb approximately .31 acres of the 1.8 acre lot. Lot 3 is approximately 50% covered with woods. Orienting the house pad at the top of the slope, using tuck under architecture and installing a private drive off Four Oaks Road would result in the disturbance of.69 acres of the 2.1 acre lot. Lot 4 can be developed with minimal disturbance to the .15 acres of woods on the 2.18 acre lot. Each scenario assumed custom architecture, private driveway and utility services which follow the driveway alignment. Staff has worked with the developer in reconfiguring lot lines which minimizes the extent of grading and tree loss. The custom development approach preserves the integrity of the site and allows for a site specific development plan. This approach has consistently shown itself as a benefit regarding resource preservation. • The plat will be subject to both a cash parks and trail dedication. / 3 / l GRADING/DRAINAGE/EROSION CONTROL: The developer did not submit a grading, drainage and erosion control plan with his preliminary plat submittal. Therefore, it is difficult to determine the amount of disturbance that this subdivision will have on the existing terrain of this site. This development incorporates a section of land with considerable variations in topography. The elevation differential from the northeast corner of this site to the southwest corner of this site is 100 feet. This site is primarily heavily wooded with an established grass cover on the site. The grading that will be required to construct the proposed driveways from Four Oaks Road up to the proposed houses could disturb an area of 100 feet wide as the driveway winds up the hill through the trees. This area of disturbance is based on a maximum slope of 10% for all private driveways which is the maximum slope allowed by City Code. Also, a level area needs to be provided at the garage and at the connection of the driveway to Four Oaks Road. If the developer intends to exceed the maximum slope of 10%for private driveways,then written documentation shall be submitted for staff review. The drainage from the proposed lots will be conveyed overland to Four Oaks Road. Four Oaks Road has an existing 24" storm sewer line that conveys runoff in a westerly direction to Pond CP-9 which is a pond on the City's Comprehensive Storm Water Management Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Since drainage will go direct to Pond CP-9 from this development, the future home builders shall take special care to prevent erosion of sediments onto Four Oaks Road. Silt fence shall be placed along the toe of the slopes of the disturbed areas and construction entrance pads shall be provided during building construction periods. The developer will be required to submit with the final plat application a detailed grading, drainage and erosion control plan showing how the driveways will be constructed up to the proposed houses showing building elevations and erosion control measures. If retaining walls will be used to minimize disturbance for the grading of the driveways, detailed plans and specifications shall be submitted to the City for review and approval showing the proposed retaining wall construction. WATER QUALITY & WETLANDS: This proposed development is located in Drainage Basin C in the northwestern portion of the City. Runoff from the development will discharge to Pond CP-9, a 45 foot deep flooded abandoned gravel pit classified as a nutrient trap in the Water Quality Management Plan. In spite of its classification, this pond supports moderately heavy fishing and other recreational uses. Changes in runoff characteristics of this site are expected to be relatively moderate after development because of the low density of housing units (2.2 acres/unit). A cash dedication that accounts for this significantly lower density of development will be recommended to meet water quality requirements. There are no wetlands on-site, consequently no wetland impact issues are expected. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer service of sufficient size, capacity and depth is readily available from Four Oaks Road from an existing 9" line in Four Oaks Road and from an existing 9" line along the east right-of-way line of Highway 13. The preliminary plat submittal did not provide a layout of how the proposed lots will be served with sewer and water service. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 10" water main in Four Oaks Road and from an existing 12" water main on the east right-of-way line of Highway 13. The existing hydrant on Four Oaks Road will provide fire protection to the proposed houses on Lots 1, 2 and 3. The proposed house on Lot 4 will be approximately 400 feet from the nearest hydrant and, therefore, marginal fire protection will be provided to Lot 4. City staff recommends that an additional hydrant be added to provide better fire protection to the house on Lot 4. The final plat application shall include a sewer and water layout plan that will show how each of the proposed houses will be served by sewer and water. City staff recommends that the sewer and water services for the proposed lots follow the driveways to limit the disturbance to the vegetation and trees of this site. Clean-outs shall be provided on the sewer services every 100 feet. The utility layout plan shall analyze the size of the water service lines that will be required to provide adequate pressure to the proposed houses on this development. STREETS/ACCESS/CIRCULATION: No access is being proposed to Highway 13. The proposed lots are shown to have individual driveways that will connect to Four Oaks Road. Four Oaks Road was upgraded by the City in the mid-1980's to a bituminous surface street with concrete curb and gutters and a bituminous trail along the south right-of-way line. The proposed driveways will be required to remove the existing B-618 concrete curb and gutter and construct a driveway apron at the connection to the City street. RIGHT-OF-WAY/EASEMENTS/PERMITS: The development shall dedicate sufficient easements for the existing 9" sanitary sewer that runs along the west edge of Lot 1. The existing 9" sanitary sewer shall be field located to determine the exact location of the utility. Restricted access shall be dedicated along the west property line of Lot 1 on the final plat. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Dept. of Health, MnDOT, etc.) are acquired prior to final plat approval. / 33 FINANCIAL OBLIGATION - Four Oaks Estates 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 None There are levied assessments totaling $10,911, which will be apportioned to the lots created by this addition. There are no pending assessments on the property. 3 4-7 CONDITIONS OF PRELIMINARY NAT FOR FOUR OAKS ESTATES 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B3, Cl, C2, C5, D1, El, Fl, 01, and H1 2. A detailed grading, drainage and erosion control plan showing proposed house and driveway construction is required prior to Final Plat approval. 3. If the developer fails to comply with the maximum slope of 10% allowed for driveways, then written justification for exceeding City Code requirements shall be submitted for review and approval. 4. The Final Plat application shall include a utility layout plan showing how sewer and water will be provided to each house on each lot as required by City Code. 5. An additional hydrant shall be added to provide increased fire protection to the house on Lot 4. 6. If retaining walls will be used to minimize disturbance for the grading of the driveways, detailed plans and specifications shall be submitted to the City for review and approval. 7. Restricted access shall be dedicated along the west property line of Lot 1. / 3< 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. $asements and Richto-of-stay 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pending , and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary- to service this development or accommodate it. 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. 9 Y 4 . This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements . c. Plans and $Decifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 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 insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. :3C STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and toning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. con LT5 *2 /13 1''3 �-'� vK 11 INt 2 I y J?t.._� _LONE 3 O∎r /L / Qur f.O 1.�, 0_ --=��=J1_ LOCATION I"' Y".2 .4 i t4 46 CEOf.F P 'i / F OA- Rf o g 4 S Z 4 tin i / I _ y r IIl li U R t J - ii v 1�∎`' ,;t4' ' �� ZONING N 1 r ,, : : ‘1141n... ..\_...: O .,,,, ,, .., . .. . .. -- . . . . T D Ni. :. v li LAND USE , , .-7,....i, . 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AP-2 , / I-� l• I— 1 ' 880.0 FIGURE No. 17 STORM SEWER LAYOUT LEGEND POPOING AREAS MAP STORM SEWERS(•:send • STORM SEWERS(proposed) ♦------ STORM LIFT STATION .*brirp) • STORM LOT STATION(OEpONm 0 STORM FORCE MAIN 40 ••.•-11,4o CITY OF MAJOR DIVISION POMO NORMAL WATER LEVEL . . . . 900 0 EA G A N • GVERLAO WATER LEVEL ROUTE 900.0 • 1 (-4 e).— _ Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 POUR OARS ESTATES ROSEWOOD CORPORATION Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 8.8 acres from R-3 (Townhouse) to E (Estates) and a Preliminary Plat consisting of four single family lots located along the north side of Four Oaks Road in the NW 1/4 of Section 9. City Planner Sturm stated that this piece of land is heavily wooded and contains significant slopes. The applicant is proposing dividing this piece of land into four lots. Each lot will be custom built and graded with individual driveways onto Four Oaks Road. All Ri lot requirements are met with this proposal and it is consistent with the Comprehensive Guide Plan. • Peter Hilger, a partner of 2220 Limited Partnership, stated that these are very, very custom sites and no grading will be done until the sale of the individual lot. Mr. Hilger had various questions regarding the conditions. He questioned whether the detailed grading plan in condition #2 is a concept plan or one which he is obligated to. Regarding condition #3 Mr. Hilger felt that it was likely that they would exceed the 10% maximum slope. However, exceeding the 10% maximum slope would help provide for tree preservation. Regarding condition #4 Mr. Hilger stated that he expected that a sewer and utility plan would be submitted as each lot is sold. Mr. Hilger asked for more clarification regarding condition #5. He asked where the additional fire hydrant should be located. Assistant City Engineer Foertsch replied that a grading plan must be submitted so that the City can be assured that a house could be built on each lot. He stated that it is a concept plan only. He further stated that City code requires that a developer submit a sewer and utility plan prior to final plat approval. Mr. Foertsch also stated that the issue of the fire hydrant needed to be reviewed further. He could not state at that time where the fire hydrant should be located. Russell Keller, 3116 Barnum Drive, stated that he was happy to see single family homes developed in this area instead of townhomes. Dave Reese stated that he owns property adjoining the applicant's property. He appreciated single family homes developed instead of townhomes. He questioned if the applicant's lots would be staked at all four corners. Mr. Hilger replied that it would be. l(43 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 Member Merkley commented that this piece of land is very close to the Metropolitan Council's noise corridor. He requested that a condition be added which requires this development to soundproof future homes built on this site. Mr. Hilger replied that he would like any additional insulation of future homes to be decided by the future homeowners of these four lots. Member Merkley suggested that the developer fully disclose the lots just are ' fact, in real estate documents, that these f our ots 7 of the noise corridor. Member Voracek requested that a condition be added which requires the sewer and water services for the proposed lots to follow the driveways in heavily wooded areas in an effort to limit the disturbance to the vegetation and trees on this site. Further, clean-outs shall be provided on the sewer services every 100 feet. Member Merkley requested that condition #1 be amended to exclude standard condition B3 as it is not necessary. Miller moved, Gorman seconded, the motion to approve a Rezoning of approximately 8 . 8 acres from R-3 (Townhouse) to E (Estates) located along the north side of Four Oaks Road in the NW 1/4 of Section 9 . All present voted in favor. Miller moved, Gorman seconded, the motion to approve a Preliminary Plat consisting of four single family lots located along the north side of Four Oaks Road in the NW 1/4 of Section 9, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, Cl, C2 , C5, D1, El, Fl, G1 and H1 2. A detailed grading, drainage and erosion control plan showing proposed house and driveway construction is required prior to Final Plat approval. 3. If the developer fails to comply with the maximum slope of 10o allowed for driveways, then written justification for exceeding City Code requirements shall be submitted for review and approval. /6-(4( Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 4 . The Final Plat application shall include a utility layout plan showing how sewer and water will be provided to each house on each lot as required by City Code. 5. An additional hydrant shall be added to provide increased fire protection to the house on Lot 4. 6. If retaining walls will be used to minimize disturbance for the grading of the driveways, detailed plans and specifications shall be submitted to the City for review and approval. 7 . Restricted access shall be dedicated along the west property line of Lot 1. 8 . The developer is required to fully disclose, in real estate documents, the fact that these four lots are just outside the Metropolitan Council's noise corridor. 9. The sewer and water services for the proposed lots shall follow the driveways in heavily wooded areas in an effort to limit the disturbance to the vegetation and trees on this site. Clean-outs shall be provided on the sewer services every 100 feet. All present voted in favor. q3 Agenda Information Memo January 19, 1993 City Council Meeting PRELIMINARY PLAT/TOWN CENTRE 70 15TH ADDITION/ KOHL'S DEPARTMENT STORE F. Preliminary Plat, Town/Centre 70 15th Addition/Eagan Town Office Building Partnership,Consisting of Approximately 16.5 Acres with One Lot and an Outlot for Future Development Located Along the East Side of Town Centre Road and the West Side of Denmark Avenue in the Northwest Quarter of Section 15--At its meeting of December 22, 1992, the Advisory Planning Commission considered a preliminary plat for the above- referenced addition to the Town Centre Shopping Center for a Kohl's Department Store. For additional information with respect to this application, please refer to the ;gmunity Development Department staff eport which is closed on pages through for your review. Also enclosed on pages through [_L.re the APC minutes relative to this item. Please note the Commission is recommending denial of this application for the reasons listed in the minutes. The Commission had originally proposed a continuance of this item, but were informed by the developer that a continuance would interfere with certain timelines proposed for construction and occupancy of the building. On the basis of the unresolved issues and the developer's opposition to certain conditions,the Commission acted to deny the proposal. Subsequent to the APC meeting, City staff met with the applicant to review the reasons for denial and discuss means of responding to the concerns or mitigating the impacts. A discussion of that meet. g is incl ded in City Planner Sturm's supplemental memo which is enclosed on pages' through 1Z)!While the applicant has agreed to modify plans in response to certain of the issues, several issues remain unresolved. The applicant has indicated an intention to address those concerns as part of a presentation to the Council on this item. Please note that Conditions 14 and 15 appearing in the APC minutes were added by the Commission and are in addition to those reflected in the staff report. Also note that if the screening of the delivery area is acceptable to the City Council, Condition #6 is not applicable and would be deleted. With respect to that item, staff is recommending the addition of a condition requiring that the screening walls on the west side of the service entrance be constructed with the same materials as the Kohl's Store and to a height that architecturally ties into the two buildings. Please note that the supplemental report also includes a series of revised site plans and details not available at the time of the APC review. At the City Council's direction, staff has inserted a requirement for a brick exterior for this building; that condition was reiterated by the Advisory Planning Commission. The applicant has not consented to this condition at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Town Centre 70 15th Addition/Eagan Tower Office Building Partnership, consisting of approximately 16.5 acres with one lot and an outlot for future development located along the east side of Town Centre Road and the west side of Denmark Avenue as presented. I 4CP SUBJECT: PRELIMINARY PLAT (TOWN CENTRE 70 15TH ADDITION) APPLICANT: EAGAN TOWER OFFICE BUILDING PARTNERSHIP LOCATION: OUTLOT A, TOWN CENTRE 70 11TH ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: DECEMBER 22, 1992 DATE OF REPORT: DECEMBER 14, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of approximately 16.5 acres for one lot and one outlot located along the east side of Town Centre Drive and the west side of Denmark Avenue in the NW 1/4 of Section 15. COMPREHENSIVE GUIDE PLAN & ENVIRONMENTAL CONCERNS: The 1991 Comprehensive Guide Plan Map designates this area CSC (Community Shopping Center) and the proposal is consistent with this plan. The EAW (Environmental Assessment Worksheet) prepared for Town Centre 70 (June 1986) analyzed approximately 530,000 sq. ft. of miscellaneous commercial uses. Through November 1992 (which includes Town Centre 70 2nd through the 14th Additions) approximately 379,516 sq. ft. has been developed or approved for development. Adding the 74,964 sq. ft. Kohl's department store proposed in the 15th Addition brings total development built/approved to 454,480 sq. ft. As such, the proposed development is within the allotted square footage analyzed in the EAW. ISP (Indirect Source Permit) 86-11 for Town Centre 70 allows 3,485 parking spaces. Through November 1992 approximately 2,264 spaces have been developed or approved for development. Adding the 454 spaces proposed brings the total parking spaces to 2,718. As such, the proposed number of parking spaces is within the allowed limit of the ISP. BACKGROUND/EXISTING CONDITIONS: The proposed site is within the Eagan Town Centre development located south of the existing strip mall and north of WalMart. Except for the R-4 (Multiple) zoned Forest Ridge apartments,the surrounding properties are zoned CSC (Community Shopping Center). There are approximately 81 Kohl's stores nationwide; five are located in the Twin Cities area. Kohl's will employ approximately 150 employees at the Town Centre location. 4-1 SITE PLAN: The concept plan shows a 74,964 sq. ft. building attached to the north wall of WalMart. On the north side of Kohl's, the developer has shown the existing service area for the strip center enclosed. During its review of WalMart in May 1991, the City was made aware of the developer's plans to share the north wall of WalMart. At that time, there was no discussion of an enclosed service area between Kohl's and the strip center. The proposed building is a brown taupe, rock-face concrete block with beige color bands, creme color stucco and white columns. Of the 81 Kohl's stores nationwide, only 12 have used the CMU (concrete masonry unit) exterior walls. The City is requesting the building be made of brick finish exterior walls. The front entrances to the building are on the west side and the service area is proposed on the east side facing Forest Ridge apartments and Outlot A to the east. As proposed, the two-bay loading dock does not include a screening wall. During review of this project, it was recommended to the developer to place a screening wall of 12' to conceal delivery trucks. This request was not reflected on any of the revised plans. A screen wall has been shown on the front of the building between the enclosed service corridor and Kohl's. The walls measure 80' in length and 16' in height. The completely enclosed service corridor will not allow any vehicular traffic. All deliveries will be hand-carted in and delivery trucks will park in the rear portion of Kohl's and the existing retail strip mall. No delivery trucks shall be permitted to park on the west side of the building other than the tenants not located in the enclosed service corridors. No specific building material was labeled for the east and west walls of the service corridor. The building-mounted signs are white and signs have been shown on the front and rear elevation of the building. The concept plan indicates 411 parking spaces on the west side of the building and 43 spaces on the east side for a total of 454. Code requires 408 parking spaces. Cross-parking and drive easements will be necessary between this plat and Town Centre 70 11th Addition (WalMart). The landscape was prepared by a landscape architect who has done other work in Town Centre additions. This plan reflects the same continuity among the Town Centre development. The plat was submitted for review by the City's traffic consultants,Short-Elliott-Hendrickson. The following pages describe their review. I t • ENGINEERS t ARCHITECTS E PLANNERS 3535 VADNAIS CENTER DRIVE ST PAUL MN 55770-5108 672 490-2000 800 325-2055 December 11, 1992 RE: Eagan, Minnesota, Town Centre Kohl's Department Store Circulation Study SEH File No. 89040 Mr. Jim Sturm City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Sturm: As you requested, we have reviewed the proposed Kohl's Department Store in Town Centre. Our review consists of an analysis of driveway location and design, on-site circulation and parking, pedestrian circulation and truck loading and delivery. Several of the concerns regarding access and site design are similar to issues discussed during the review of the Wal-Mart development. Access Location and Design South Town Centre Drive Access: The south Town Centre Drive access has been designed with the intent of lengthening the driveway throat without removing a significant amount of parking spaces. With the substantial amount of development served by this access, the driveway length is still somewhat inadequate. Previously, during the site circulation and access review for Wal- Mart, we suggested that a minimum driveway length of 100 feet be provided. The attached drawing shows how this can be provided with very little impact to the parking area (Sketch 1). A 44 foot driveway width is provided to maximize storage in two outbound lanes. In the sketch, the 100 foot driveway throat is measured along the north side of the driveway, from the Right-of-way line into the site. The sketch is an improvement over the proposed site plan because 1) it provides a minimum of 100 feet of storage length for outbound traffic, 2) it has a smoother alignment and is a consistent width between the street and the parking area, and 3) it eliminates some of the parking spaces which would create the most conflict with vehicles entering and exiting the site. A more severe driveway design, but one that would be very appropriate in a development of this size, is shown in Sketch 2. This design would provide optimal circulation in the driveway,with no conflicts from parking spaces along the main entrance or openings into the parking lot until the driver is approximately 300 feet into the site. Mr.jim Sturm December 11, 1992 Page 2 This type of design would certainly emphasize that this is the"main"entrance/exit to the site. To separate vehicle and pedestrian traffic as much as possible, it is advantageous if the south Town Centre Drive access is perceived and used as the main entrance to the Wal- Mart and Kohl's Stores. If the Duckwood Drive access is perceived as being the main entrance to the two department stores, much of the traffic bound exclusively for Kohl's will pass Wal-Mart on the drive aisle next to the building, where the heaviest concentration of pedestrian traffic is located. The disadvantage of parking along the main entrance aisle was discussed during the Wal- Mart review. This parking will slow down the progress of vehicles into the site and away from the driveway. As drivers back out of parking spaces, or wait in the drive aisle for a parking space to open up, they will hinder the progress of other vehicles working their way into the site and away from the driveway. This will become more noticeable after Kohls is developed. We suggest that at a minimum, this driveway be modified by using a design similar to that shown in Sketch 1. A more significant improvement would be to the implementation of a design similar to that shown in Sketch 2. City staff expressed concern over the sight distance from the south driveway, looking south on Town Centre Drive. According to staff, the height of the berm along the east side of Town Centre Drive causes difficulty for drivers who are trying to see northbound traffic.The attached drawing (Sketch3) shows the recommended amount of sight distance required to provide adequate "horizontal decision sight distance" for a street with a 30 miles per hour speed (MnDOT Road Design Manual, Part 1). This amount of sight distance (440 feet) allows a driver to safely make a decision about pulling out onto the street from an intersecting street or driveway. The height of the driver's eye is approximately 3.5 feet above the level of the driveway or street. The maximum height of the berm, or any landscaping on the berm, must be low enough to allow the driver to see that portion of the street which carries the on-coming traffic. If the Town Centre Drive berm does not provide for this, it may be advisable to lower the berm and modify the landscaping as necessary. North Town Centre Drive Access: The proposed site plan shows a relocation of the north driveway on Town Centre Drive placing the driveway approximately 100 feet north of its current location. The location of the driveway does not appear to be a problem.When a development proposal is made on the vacant site across Town Centre Drive, it will be important to ensure that the driveway(s) to the site either aligns with the relocated driveway to Town Centre, or is far 1 • Mr. Jim Sturm December 11, 1992 Page 3 • enough away that it does not create conflicting left turn movements on Town Centre Drive. Relocation of this driveway does make it more difficult for service vehicles to access the area behind the existing strip mall. However, more direct access is provided from Denmark Avenue. Hopefully, if truck drivers encounter too much interaction with customer traffic, or difficulty of maneuvering into the service area, they will choose to use the Denmark Avenue driveway. The new north driveway should provide at least as much capacity as the existing driveway, with one outbound left turn lane (12'), and one outbound right turn lane (14'). If the City wishes to have this recommendation based on more information, we suggest conducting a 48 hour traffic count and/or a p.m. peak hour turning movement count at the existing driveway. This would enable us to more accurately determine the appropriate number of inbound and outbound lanes under current conditions, and any additional capacity needed as a result of the development of Kohls and the proposed 13,600 sq. ft. strip mall north of the driveway. On-Site Circulation and Parking The most serious concern regarding on-site circulation and parking is the design of the drive a aisle in front of the proposed Kohis building. The width of the drive aisle ranges from approximately 30 to 70 feet between the west end of the strip mall and the Kohls building. The attached drawing (Sketch 2)shows some minor modifications to the parking islands and the sidewalk/landscaped area in front of the Kohis building which would improve the channelization of traffic through this area and eliminate a situation where vehicles would be backing directly out into the curved portion of the drive aisle. Truck Loading and Delivery It appears that the Kohls store has an adequate service area in which to maneuver delivery trucks and garbage trucks provided that additional parking is not permitted in this area. Development of the Kohls store does severely limit the service area for the existing strip mall. This area is proposed to be gated and enclosed. Depending on where deliveries are being made, this arrangement could result in problems or delays for service vehicles. The corridor ranges from approximately 15 to 35 feet. If a delivery vehicle is parked in the narrow portion of the service corridor, another vehicle will generally not have adequate space to get by this vehicle. The wider 35 foot areas are generally not adequate for maneuvering most types of delivery vehicles other than vans and pickups. Generally speaking, it appears that the enclosed service corridor will provide for one-way traffic only. if the enclosed service corridor is implemented, adequate sight distance of pedestrians walking between Kohls and the strip mall should be insured at the gated access to or from the service corridor during the detailed design phase. 15l Mr. Jim Sturm December 11, 1992 Page 4 Conclusion The most serious concern with the proposed development is the design of the main Wal- Mart/Kohls entrance off of Town Centre Drive. The site does provide the flexibility to correct this problem with the development of Kohls. If you have any questions regarding any of the above comments and suggestions, do not hesitate to contact me at 490-2071. Sincerely Cindy Gras, A.I.C.P. Transportation Planner CRG/kam Attachment I 5 wcrab- cPCS) i_D 'if / I4 p �� li „sp, , / 2 :R S ii :44.7 . l' ,‘ \ , ei . :-. __________m___._._._._.___L CONTINUOUS CAN iY 1-.1 , . cDONAL P IS (ii-------------iD tl b ,,. Alb SCREEN WALL — *) . ' .. - — - ---- . IL i ' . ___ _ 7 4 HDGP 1 • 4 l TPANCE . '1E1, fri F- 1 i > 5 ATE,. &----17) S EGT 1,223 CARS • AR . ASH - L • • TTTt i \ .. _ SKETCH 1 (33 • iMiNOMM .4. _ t-A LU 0 P Li) ct _ .._ _ _ . 0 0 0 a. i Lo 0 0 In. i 11 -- - _ --- cc Z co 417-: NOISNVdX3 AS 000'0£ at ii w E c' ,Zqi. W CC Li: C1).%0 - • cf) CI 0 i LO 04 CC Cl) CL go 2 co 1 0. -3 ‘ a v co co ui if) .14 0 • a. , r- ,.. . , - 1 0 W " .ZOE • I ._____. .._ _ . _ LL. r --"- , IL. .11,J to Illeimpla 4 . IDtn ma. .... t 4 - IS 44:2). 4...7,_.), 7:::0,—.4 ■ .co c 4. 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If . 1 t,,„ ritt--- g 2 ' U r I CI1 1 (a I = V I Nioicii I cc CO U I V r_ f Ii _ 1 - i c„,, - r , • Ii il I . / I .R% , .. '. - t. - ' 1-. I Z I 1 i Z CI • p , ! At" t71-1 i . .4 -4 g --, % .... 1,1 ij \ a i, , \_, ... . y I I SKETCH 3 /SS GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan proposes 4 foot cuts in the proposed parking lot and 5 foot cuts where the proposed department store will be located. The area was previously graded by the Town Centre developers in the middle 1980's. Therefore, a limited amount of grading will be needed to prepare this site. Staff recommends a 3 foot berm be constructed along Town Centre Drive to provide a buffer from the proposed parking lot. The drainage from this development will be conveyed by an existing storm sewer system to Pond JP-66.1 constructed with the WalMart development. The proposed parking lot along the west side of the building will need additional catch basins added to drain the parking lot. Pond JP-66.1 is a pond on the City's Comprehensive Storm Water Management Plan and has an outlet that eventually drains to Fish Lake. The existing storm sewer system that would drain this development has sufficient capacity to handle the storm water runoff generated from this site. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual standards. WATER QUALITY: This development is located in drainage basin J. The proposed storm sewer layout for the site would direct runoff to Pond JP-66.1, a nutrient basin designed to treat runoff from the WalMart site before discharge to another very small sediment basin, then Fish Lake. As noted in the May 1991 staff report for the WalMart development, additional on-site ponding to protect Fish Lake was required to meet water quality treatment standards when the remainder of the parcel developed, as is being proposed now. Because of the large impervious surface associated with this development and it's close proximity to Fish Lake, on-site ponding will be required for this development. Assuming that all runoff from the proposed development as well as Outlot A is directed first to Pond JP-66.1 and that runoff from the 12.2 acres of commercial land use directly west of the WalMart development is directed to pond JP-66, JP-66 must be expanded to 0.55 acres in surface area and 3 acre-feet in volume. A skimmer will also be required on the outlet, and the pond design shall be subject to approval by City staff. This pond configuration will meet treatment requirements for both the 15th Addition as well as Outlot A when it develops. There are no wetland issues associated with this development. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer service of sufficient size, capacity and depth is readily available from an existing 8" line that was constructed in 1991 with the Wal-Mart project. The preliminary utility plan shows extending the 8" line up to the east side of the proposed building. 5-(2 Watermain of sufficient size, pressure and capacity is readily available to serve this development from an existing 8"watermain that was constructed in 1991 with the Wal-Mart project. The proposed utility plan shows extending the 8" watermain to the north to the proposed building. The preliminary utility plan also proposes to add hydrants to provide fire protection to this site. STREETS/ACCESS/CIRCULATION: Public street access is readily available to this site from Town Centre Drive on the west, Duckwood Drive on the south, and Denmark Avenue on the east. The preliminary site plan shows constructing a driveway on the north edge of the lot to Town Centre Drive. The preliminary site plan also shows utilizing the existing driveway that serves the Wal-Mart development from Town Centre Drive and from Duckwood Drive. The developer proposes to remove the existing service entrance driveway that runs along the south edge of the existing Town Centre shops and Dougherty's Restaurant building. The existing driveway opening on Town Centre Drive shall be removed and replaced with B-618 concrete curb and gutter. The new driveway opening on Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. The temporary bituminous driveway that was constructed with the Wal-Mart development heading north from the Wal- Mart store in front of the proposed department store will be reconstructed with this development. The site plan shall include islands to channelize the driveway and to eliminate parking spaces which would back directly out into the drive aisle in front of the department store. EASEMENTS/RIGHT-OF-WAY/PERMITS: If the expansion of Pond JP-66 extends beyond the existing ponding easement, then more easement shall be dedicated with the final plat. The proposed storm sewer that will serve this development is a privately owned and maintained system, therefore, no easements are needed over the storm sewer lines. This development shall be responsible for ensuring that all regulatory agency permits, (MPCA, MWCC, Dept. of Health, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - To Centre 70 15th 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 Water Availability Charge $2,550/Ac 2.28 Ac 1V14 There are levied assessments totaling $161,772 which will be apportioned to the lots created by this addition. There are no pending assessments on the property. The financial obligation is computed using the 1993 adopted rates. • • 1 5--g PRELIMINARY PLAT CONDITIONS FOR TOWN CENTRE 70 15TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990: Al, Bi, B2, B4, Cl, C2, C4, C5, D1, El, Fl, Gi, and Hi 2. The building shall be constructed of brick. 3. A landscape plan submitted on a grading plan shall be reviewed and approved by the City Planner prior to Final Plat. 4. The signage shall be subject to a one-time fee of$2.50/sq. ft. 5. Any outdoor storage shall be subject to Eagan City Code section 11.10, subd. 29, Outdoor Storage by Business. 6. Delivery trucks delivering to tenants in the enclosed service area shall park on the east side of the building. 7. All plant material shall be a grade one quality. 8. The developer shall construct a 3' berm along Town Centre Drive. 9. The storm water runoff generated from the proposed parking lot along the west side of the building will need at least four catch basins to drain the parking lot. 10. The existing driveway opening on Town Centre Drive that is shown to be removed shall be replaced with B618 concrete curb and gutter. 11. The new driveway opening on Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. 12. The new northerly driveway to Town Centre Drive shall be wide enough to provide for one outbound left land (12' wide), one outbound right turn lane (14' wide) and one inbound lane (14' wide). 13. The site plan shall include islands to channelize the driveway in front of the department store and to eliminate parking spaces which would back directly out into the driveway. 14. The main entrance as identified on the concept plan submitted by the developer shall provide for a main drive aisle free from parking space conflicts from Town Centre Drive to the proposed Kohl's building. 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. casements and Rights-of-stay 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pending , and utility easements as required by the alignment , depth , and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 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 necessitated by City storm water storage volume requirements . C. Flans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 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 insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. (12-)() STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards . D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . water Duality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water .Quality Management Plan. E. Other • 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. con LTS *2 Town Centre Q,-] AM 4l, tion = _14 R1CLJi sw :-61RCH p l St ., / - NDiIWAY PT. o I4 FOREST RIDGE TR S-IRONWOOD LN GGG 1C(-)1 ,6-REDWOOD PT. • T ;7-SPRUCE PT r4NI D0001 1 1.\\ / � I _J� 1 r ((( � t. 51,j.� , sac � �1\ STREET MAP ,� \ CENTRE 1I LA I ' O'LEARY P-.-K— !,NE jt / NW W - O 0,,. jk.,,�wE� �l��• - ` •4 : rtZtiiil if��. -_ h▪ pt Eilwl" F is R ,� - �` T • 1\J -1 ifi, • N ENl1E F-i ` KOLSTl1I11 M. EIC , T •J SEf F (-/. i � � iS•/ F �61* U 7 – _ :., � . .y,, , C;'.,. _ ;t.ice'_ _, �� -- `- ; �:.#� ��'• / ? i ZONING MAP ,M p • -. ' o e . ORES ;t 1 i, i � :m .1 1�Fljf ,t ` li1 1 ' -; I".."i .--"--: - '11 '/ ( ' II I/ A '`.--. 11 M - _ .‘?1- ....,...---. `.-T * ,(4ft-°11 -: L L8 CPD CPD •v CPD — D-m r CSC . 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IMMO= POND NORMAL WATER LEVEL . . . 900 0 EAGAN POND MON WATER LEVEL OVERLAND DRAINAGE ROUTE . . . ,CO 0 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 TOWN CENTRE 70 15TH ADDITION EAGAN TOWER OFFICE BUILDING PARTNERSHIP Chairman Voracek opened the last public hearing of the evening regarding a Preliminary Plat consisting of approximately 16.5 acres with one lot and an outlot for future development located along the east side of Town Centre Road and the west side of Denmark Avenue in the NW 1/4 of Section 15. City Planner Sturm stated that the applicant is proposing a Kohl's store to be developed next to the existing Walmart store. There is no change to the Comprehensive Guide Plan and all parking and setback requirements are met with this proposal. The applicant is proposing an enclosed service area between Kohl's and the existing retail center. Mr. Sturm mentioned that City staff has three concerns with this application: 1) vehicular circulation; 2) screening of loading dock area; and 3) exterior building material (brick v. rock face block) . He requested that two conditions be added which 1) require the developer to obtain cross parking ingress and egress easements and 2) to obtain cross easements for the service area. Charles Bartholdi, a representative of Eagan Tower Office Building Partnership, stated that Kohl's will provide an anchor to the existing center and will compliment the area. He mentioned that Kohl's will provide approximately 150 jobs. Mr. Paulson, architect, addressed City staff concerns. Regarding the vehicular circulation, the applicant agrees with staff and will move the access as shown in sketch 1 of SEH's letter dated December 11, 1992 . Regarding the screening, the applicant proposes to add berming and landscaping along the entire length of the loading dock. Regarding the exterior of the building, he stated that Kohl's will be using its prototype rock-face block on the exterior. He mentioned that brick would be feasible if the center were new, however, in his opinion, with Walmart already using rock face block, brick would not be complimentary. Chairman Voracek questioned if the area of the loading dock was large enough to accommodate a semi-trailer. Mr. Paulson responded that there was definitely enough room for a semi-trailer to turn around in and still allow for landscaping. Chairman Voracek mentioned that most of the traffic will be entering Kohl's and Walmart through the south entrance and that he had a concern with traffic congestion. Mr. Paulson replied that traffic will be entering at other entrances also. Mr. Bartholdi mentioned that vehicles entering at the south entrance can immediately either turn left or right. This is better than channelizing the traffic down the center of the parking lot to the front door where pedestrians will be located. L.QCk Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 Member Gorman raised the issue of the enclosed service corridor. Mr. Paulson stated that there will be no vehicle traffic through this ' area. Member Miller questioned whether the current tenants were aware that they would no longer be allowed to drive up to their service door and unload their deliveries. Instead, they must use carts and push their deliveries possibly 200 feet to their service door. Member Merkley suggested that the only entrance to this service corridor be located in the back of the building not the front. He was concerned with the safety of customers crossing in front of this service door as trucks are backing into it. Mr. Bartholdi mentioned that they proposed this enclosed service corridor for convenience and aesthetics. Member Graves stated that he did not like this enclosed service corridor. He felt there were health and safety concerns as pedestrians will be crossing in front of this corridor. Mr. Paulson stated that he could review the idea of the service corridor area being located in the back, however, there would then be a problem of serving Dougherty's and Hunan Garden. Chairman Voracek requested that if the applicant truly wants an enclosed service corridor he should propose a secondary door also. In this fashion, trucks would back into the first door and pull up to the second door. The first door could be shut and customers would only see a door instead of trucks unloading. Mr. Paulson stated that he believed that by working with City staff these concerns could be resolved. Member Graves stated that Kohl's should be constructed of brick and mentioned that Walmart should have been brick also. Chairman Voracek was concerned that Kohl's loading dock not become an eyesore as Walmart's loading dock has. Member Merkley echoed the comments of Chairman Voracek. He raised the concern that there is not an adequate line of sight from the south entrance looking south onto Town Centre Drive. He suggested that the berming be lowered a couple of feet as there is much traffic in that area. 'n o Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , .1992 Member Miller requested that he would like to see this item again before it is presented to the City Council. He suggested a continuance. Mr. Bartholdi stated that he does not want a continuance as Kohl's is ready to sign a lease and certain conditions must be met by February 1, 1993 . Continuing this matter would never allow them to meet this deadline. Miller moved, Merkley seconded, the motion to deny a Preliminary Plat consisting of approximately 16.5 acres with one lot and an outlot for future development located along the east side of Town Centre Road and the west side of Denmark Avenue in the NW 1/4 of Section 15, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990: Al, B1 , B2 , B4 , Cl, C2 , C4 , C5, D1, El, Fl, G1 and H1 2 . The building shall be constructed of brick. 3 . A landscape plan submitted on a grading plan shall be reviewed and approved by the City Planner prior to Final Plat. 4 . The signage shall be subject to a one-time fee of $2 . 50/sq. ft. 5. Any outdoor storage shall be subject to Eagan City Code section 11 . 10, subd. 29, Outdoor Storage by Business. 6. Delivery trucks delivering to tenants in the enclosed service area shall park on the east side of the building. 7. All plant material shall be a grade one quality. 8. The developer shall contract a 3' berm along Town Centre Drive. 9 . The storm water runoff generated from the proposed parking lot along the west side of the building will need at least four catch basins to drain the parking lot. 10. The existing driveway opening on Town Centre Drive that is shown to be removed shall be replaced with B618 concrete curb and gutter. 1 � � Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 11. The new driveway opening on Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. 12. The new northerly driveway to Town Center Drive shall be wide provide h to rovide for one outbound left lane (12' g wide) , one outbound right turn lane (14' wide) and one ) , g inbound lane (14 ' wide) . 13 . The site plan shall include islands to channelize the driveway in front of the department store and to eliminate parking spaces which would back directly out into the driveway. 14 . The main entrance as identified on the concept plan submitted by the developer shall provide for a main drive aisle free from parking space conflicts from Town Centre Drive to the proposed Kohl's building. 15. The developer shall obtain cross parking ingress and egress easements to be reviewed by the City Attorney's office and filed with the final plat. 16. The developer shall obtain cross easements for the service area between Kohl's and the existing strip center to the north to be reviewed by the City Attorney's office and filed with the final plat. All present voted in favor. The reasons for denial is as follows: 1. Traffic backing into the main entrance arteries. 2 . How far the retaining wall and landscaping should extend in front of the building. 3 . No adequate sight line along Town Centre Drive from the south entrance. 4 . The turning radius and landscaping behind the loading dock is not adequate. 5. The enclosed service corridor in front of the building. 6. Where trash enclosure will be located. 7 . The developer did not agree with condition #2 which requires a brick exterior. l � v Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 22 , 1992 Member Merkley mentioned that Kohl's is an excellent opportunity for the City and hoped that certain issued could be resolved. Member Miller echoed Member Merkley's comment. He further stated that the Commission is in favor of Kohl's developing in Eagan, but it is not acceptable as proposed. Member Miller mentioned that the loading dock behind Walmart is an eyesore as there are wooden planks, baled cardboard boxes, and other junk visible. He questioned whether this is an outdoor storage issue and if Walmart is in violation. Chairman Voracek felt that this was a health hazard. City Planner Sturm replied that City staff is reviewing the situation and should be resolved within 60 days. ADJOURNMENT Miller moved, Hoeft seconded, the motion to adjourn the December 22 , 1992 Advisory Planning Commission meeting at 9 : 35 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission t--)3 MEMORANDUM TO: CITY ADMINISTRATOR HEDGES ACTING COMMUNITY DEVELOPMENT DIRECTOR HOHENSTEIN FROM: CITY PLANNER STURM DATE: JANUARY 14, 1993 RE: TOWN CENTRE 70 15TH ADDITION At the December 22, 1992 Advisory Planning Commission meeting,the Town Centre 70 15th Addition consisting of an approximately 75,000 sq. ft. Kohl's department store was denied unanimously. The site abuts the existing retail center and the WalMart store along Town Centre Drive. There was a rather lengthy question/answer period between the applicant and the Commission dealing primarily with: 1) the traffic study prepared for the City by Short, Elliott, Hendrickson (SEH), 2)whether any service deliveries should be allowed on the west or front side of the building and, 3) how the service corridor would function on the north side of the building between the existing building and Kohl's. The seven reasons the Commission denied the plat are as follows: • Traffic backing into the main entrance arteries. • The distance the retaining wall and landscaping should extend in front of the building. • No adequate site line along Town Centre Drive from the south entrance. • Inadequate turning radius and landscaping behind the loading dock. • The enclosed service corridor in front of the building. • Location of trash enclosures. ▪ The developer did not agree with Condition #2 requiring a brick exterior. The Commission discussed the possibility of a continuance so the applicant could address their concerns and revise plans before taking action. However, the applicant requested that they take action so the item could proceed directly to the City Council. A meeting was held on January 6 to discuss the issues and revised plans were submitted to the City on January 12. The following site plan changes are being proposed: 1. The applicant agrees with sketch #1 of the SEH traffic study (included in the staff report) calling for a 100' minimum entrance throat onto Town Centre Drive. 2. The screening wall on the west side of the service corridor will be long enough to hide a semi-trailer and additional walls facing west were added that close the opening much more. They will also provide two areas for trash collection in the service corridor so freestanding dumpsters will not be visible. 3. A striped pedestrian crossing was added in front of the west side of the service corridor. 4. A "No Parking" fire lane is noted on the site plan in front of the store. 5. Access in and out of the service corridor will be through double service doors, not the typical dock with an overhead door. 6. Turning radiuses were shown on both the front and back sides of the building demonstrating semi-truck movements. 7. A row of spruce trees was added along the east property line along with some overstory trees. Additional landscaping will occur along Denmark Avenue when the adjacent property is developed. 8. The site distance issue to the south is on WalMart property and the City will need to work with WalMart if there is an actual safety problem. At the January 6 meeting, the applicant again stated that they did not agree with Condition #2 requiring a brick exterior. The revised plans/elevations show the west screening walls at different heights and landscaping which is not shown on the landscape.plan. The applicant will again revise the plans and provide spot grades on the elevations to help define the level of screening on both sides of the service corridor and loading dock on the east side of the building. Those drawings will be available for the Council next week. The screening walls on the west side of the building will be constructed with the same materials as the Kohl's store and to a height that architecturally ties into the building as agreed upon by the Council. They do realize that it will be at least 14' tall. Two conditions, #14 and #15, were added prior to action by the Commission dealing with cross-parking, as well as ingress/egress easements and easements for the service corridor. The applicant agreed to both. If the service corridor is approved as shown on the plans, or the west side of the building has a delivery area, Condition #6 is not applicable. Also, if the service corridor is approved, a condition should be added stating: ' The screening walls on the west side of the building shall be constructed with the same materials as the Kohl's store and to a height that architecturally ties into the building. (A determination of that height should be made and documented at the City Council meeting). Attached are plans prepared after the Advisory Planning Commission meeting, the minutes of that meeting, and the staff report. If you would like additional information, please advise. City Planner JS/js attach. 1 Iil ~ - I I ;;4 1 c5 ; . •,1 . al-i Q:4,1- III 0 I II il 11 I, '.. :1 I I I 'el J it fill v5 • 1tLJHHIifl1 ' 1; ; . ..-' ,...* - . - t'ir ‹:- 1 g 1.1 ED i 1 pp r, .j� � ge, E 89E,i am W ,. .: , :• • ,., . 4 ; a IlLE . o .s._:s es :-set:! WU CJU , of QZ CD =< a • Q I • - Vi=a.:: Z..1 . s: <. Fj s ;E C.)CC •i � :Y i 0- _ ��•i ZCC • w_' c W yQ W .e • o i �. W •i , � � g O, . am _ _ .. • •_ • - ." �— i ~•lam m : - .:1 S 4 " �� •. 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