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03/17/1992 - City Council Regularr AGENDA OCULAR MEETING . EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 17, 1992 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) IV. 6:55 - CONSENT AGENDA (PINK) YA. PERSONNEL ITEMS F3 B. 6 C LICENSES, Plumbers C. NOTICE OF TERMINATION, Dakota County Compost Site Lease ‘' / D. PROCLAMATION, Health Fair 11 Day, April 8, 1992 ' ..1 E. CONSIDERATION, Purchase Utility Vehicles, Fire Department I"' APPOINTMENTS, Solid Waste Abatement Commission Vacancies IP; 16, G. PROJECT 631, Authorize Feasability Report, Lone Oak Road/Eagandale Boulevard (Intersection Improvements/Signalization) "fit H. CONTRACT 92-03, Receive Bids/Award Contract (South Well Field Conversion) I. FINAL PLAT, Radler Park (* .; .,;\ nw►�, ' 4 V. 7:00 - PUBLIC HEARINGS (SALMON) ;20A. PROJECT 596R, Final Assessment Hearing (Woodlands North Addition - Streets & qUtilities) (,I. B. VACATE Drainage, Utility & Ponding Easements (Lot 1, Block 1, Dakota County Plat I) , C. PROJECT 607, Diffley Road Reconstruction ,Q \ , VI. OLD BUSINESS (ORCHID) . del l A. CONDITIONAL USE PERMIT, Nitti Disposal, Inc. , to Allow Outdoor Storage in an LI (Light VQ' Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park Located West ``11 of Highway 13, North of Yankee Doodle Road in the SE 1/4 of Sec 8 VII. NEW BUSINESS (TAN) 0 .�, a A. ESTABLISH Precinct Boundaries for Legislative Redistricting Xe, B. WAIVER OF PLAT, Ronald E. Schwartz, A Duplex Lot Split to Allow Individual Ownership Lot 6, Block 1, Wilderness Run 5th, NW 1/4 of Sec 27 CO C. VARIANCE, R. A. Kot Homes, Inc. , of 10' to the Required 30' Frontyard Setback Located at Lot 12, Block 4, the Woodlands in the SE 1/4 of Sec 14 S VARIANCE, Stephan Homes, Inc. , of 16' to the Required 50' Along Johnny Cake Ridge Road, Lot 50, Block 2, Mallard Park Third Addition, NE 1/4 of Sec 29 410 0 PRELIMINARY PLAT, Midwest Restaurant Associates/Town Centre 70 - 12th Addition, Kill Consisting of One Lot and One Outlot on Approximately 3.5 CSC (Community Shopping Center) Acres and a Conditional Use Permit to Allow On-Sale Liquor, 3.2 Beer or Wine, in a CSC District Located West of Town Centre Dr in the NW 1/4 of Se l , , continued NE W BUSINESS (continued) • W1 F. COMPREHENSIVE GUIDE PLAN AMENDMENT, Independent School District 196/Elementary School Q #17, from D-1 (Single-Family) to PF (Public Facilities) a REZONING of approximately 15 acres from AG (Agricultural) to PF (Public Facilities) , and a PRELIMINARY PLAT Consisting of One Lot for an Elementary School Located Along the South Side of Wescott Road and East of Denmark Avenue in the NE 1/4 of Sec 22 l03 G. COMPREHENSIVE GUIDE PLAN AMENDMENT, Deerwood Ponds/Clarence Kemp & Twin Cities eProperties, from D-III (Mixed Residential) - to D-1 (Single Family) , a REZONING of Approximately 17 Acres from R-3 (Townhouse) , within the Knob Hill Planned Development, to an R-1 (Single Family) District, and a PRELIMINARY PLAT Consisting of 28 Lots Located Along the North Side of Diffley Road, West of Pilot Knob Road in the SE 1/4 of Sec 21 �z3 H. COMPREHENSIVE GUIDE PLAN AMENDMENT, Meghans Addition/Pulsar Inc. , from NB J. (Neighborhood Business) to D-III (Mixed Residential) , a REZONING of Approximately 11 Acres from NB (Neighborhood Business) to R-4 (Multiple) and PRELIMINARY PLAT Consisting of 13 Lots and 104 Units Located along the South Side of Diffley Road and the East Side of Nicols Road in the NE 1/4 of Sec 30 VIII. ADDITIONAL ITEMS (GOLD) CONSIDERATION, Development Deposit Agreement (O B. DIRECTION, Sign Ordinance Amendment 1 llI%. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO RE HEARD (for those persons not on agenda) • %I. ADJOURNMENT • • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 13, 1992 SUBJECT: AGENDA INFORMATION FOR THE MARCH 17, 1992 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the March 17, 1992 City Council agenda and the regular meeting minutes for the March 2, 1992 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS There are no Department Head Business items. • • • Agenda Information Memo March 17, 1992 City Council Meeting EN APIA. There are nine (9) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Ballfield Attendants -- It is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal ballfield attendants for the 1992 season: Melinda Kaltenhauser, Rob Merrill and Rob Parrott. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Melinda Kaltenhauser, Rob Merrill and Rob Parrott as seasonal ballfield attendants for the 1992 • season. Item 2. Part-time Clerical Tech III/Central Services Maintenance-- Over 150 applications were received for this position. After screening of the applications, approximately 50 vi candidates were invited to the Eagan Municipal Center for written tests. From the results of this test, ten candidates were given typing tests and an interview. After reviewing the results of the typing test and interview, three finalists were interviewed. It is the recommendation of Superintendent of Streets/Equipment Erhart, Superintendent of Parks VonDeLinde, Superintendent of Utilities Schwarz, CSM Secretary Bailey and Assistant to the City Administrator Duffy that Sheri Bergeland be hired as a part-time Clerical Technician III (job !hare) for Central Services Maintenance, subject to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Sheri Bergeland as a part-time Clerical Technician III (job share) for Central Services Maintenance, subject to successful completion of the City's physical examination requirement. Item 3. Assistant Finance Director--Over 300 applications were received for this position. After screening the applications, approximately 25 candidates were invited to the Eagan Municipal Center for an "in basket" written exercise. From the results of this exercise, ten candidates were invited back for a preliminary interview before a panel consisting of • Finance Director VanOverbeke, Assistant to the City Administrator Duffy and the Finance Director from Brooklyn Park. This panel selected three finalists who were scheduled to be Agenda Information Memo March 17, 1992 City Council Meeting interviewed by City Administrator Hedges, VanOverbeke and Duffy on Friday, March 13. The name of the person recommended for hire will be presented to the Council following this interview and reference checks. If possible, the name will be included with the administrative packet on Monday; if not, it will be presented at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to be named as Assistant Finance Director, subject to successful completion of the City's physical examination requirement. Item 4. Part-time Receptionist/Clerical Tech II -- Over 300 applications were received for this position. After screening the applications, approximately 100 candidates were invited to the Eagan Municipal Center for a written exercise. From the results of this exercise, approximately 30 candidates were invited to participate in a recorded telephone interview. From the results of the telephone interview, ten candidates were invited back for a preliminary interview with Administrative Assistant Witt and Assistant to the City Administrator Duffy on Friday, March 13. They will select three finalists who will be scheduled for typing tests and to be interviewed by Finance Director VanOverbeke, Witt and Duffy on Wednesday, March 18. We are requesting that the Council approve for hire the person recommended for hire after this final interview and reference checks because the filling of this position needs to be accomplished as soon as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person who will be chosen on March 18 as Receptionist/Clerical Tech II, subject to successful completion of the City's physical examination requirement. PLUMBERS LICENSES B. Licenses, Plumbers--City Code requires that plumbing contractors operat' within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a copy of the plumbing contractors whose license applications are in order for consi eration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. • 3 PLUMBERS LICENSES MARCH 17, 1992 1 . AAA Abbott 2 . B, J, & M Plbg & Htg Co. 3. Cokley Plumbing 4 . Genz-Ryan 5 . H & H Plumbing 6. Tom Hessian Plumbing, Inc. 7 . Janecky Plumbing 8. Keller Plumbing & Heating, Inc. .9 . PM Services . 10. Parsons Plbg & Htg 11. Plymouth Plumbing 12 . Polar Plumbing 13. Scherer Plumbing 14 . Schulties Plumbing, Inc . 15. Thoen Plbg. 16. Valley Plumbing Company, Inc. 17 . Voson Plumbing • Agenda Information Memo • March 17, 1992 City Council Meeting COMPOST SITE LEASE TERMINATION C. Notice of Termination, Dakota County Compost Site Lease—Under the terms of the Joint Powers Agreement between Dakota County and the City of Eagan with respect to the County's lease of the yardwaste compost site south of the municipal center, it is necessary to give 90 days notice of the City's intention to terminate the contract. The contract provisions provide that such notice must be exercised before April 1 or lease termination on June 30, 1992. Given the timeframes involved, staff would suggest that the Council consider exercising the termination clause at this time. If the proposed swimming pool/ice arena referendum is approved, it will be necessary for the site to be cleared to permit construction of that project. In the alternative, it may still be necessary to clear the site to permit utility and site improvements and grade the property for any future use. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a notice of termination for the Dakota County Compost Site lease such that the County compost operations vacate the site no later than June 30, 1992. HEALTH FAIR 11 PROCLAMATION D. Proclamation, Health Fair 11 Day, April 8, 1992--Enclosed on page (C) you will find • a copy of a proclamation concerning Health Fair 11 Day to be held at Thomas Lake Center on March 28, 1992. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a proclamation designating March 28, 1992 to be Health Fair 11 Day in the City of Eagan as presented. • PROCLAMATION CITY OF EAGAN HEALTH FAIR 11 WHEREAS, there is a great concern within city government and among community groups for the health and well-being for all citizens, and WHEREAS, the City of Eagan,working closely with KARE 11 and Health One, will sponsor a Health Fair during which many participants will receive screening and health education; and WHEREAS, success of the Health Fair 11 in the City of Eagan will be a tribute to the volunteers recruited to organize and implement the screening and health education process; and - WHEREAS, this will be a great service to the entire community and to the welfare of all participants and their families; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan proclaims March 28, 1992, to be HEALTH FAIR 11 DAY in the City of Eagan and further encourages all City residents to participate in the Health Screening Program offered at the ioThomas Lake Center, 1565 Cliff Road, between the hours of 10:00 a.m. and 3:00 p.m. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion Made By: Its Clerk Seconded By: Those In Favor: Those Opposed: CERTIFICATION • 1, 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 day of , 1992. E. J. VanOverbeke, City Clerk • City of Eagan Agenda Information Memo • March 17, 1992 City Council Meeting FIRE UTILITY VEHICLES E. Consideration, Purchase Utility Vehicles, Fire Department—Enclosed on page is a copy of a memorandum from Fire Chief Southorn concerning the proposed purchase of battalion chiefs'vehicles. As noted in the memorandum,the CIP authorized$34,000 for this purchase and it is necessary for the Fire Department to move forward with this item at this time in order to meet the Hennepin County vehicle bid deadline of Friday, March 20, 1992. The Hennepin County bids for the vehicles being proposed came in higher than had been anticipated at the time of the capital improvements budgeting process last year. As a consequence, the Fire Department is weighing the options between the purchase of two Chevrolet Suburbans at a total cost of $40,800 or the purchase of two Chevrolet S-10 Blazers at a total cost of $35,810. The final review and recommendation will be forwarded to the Council with Additional Information on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve two Fire Department utility vehicles with the model and price being identified in time for Tuesday's meeting. • • • n < << ) ciity of eagan L� MEMO Nor -- DATE: March 12, 1992 TO: Tom Hecges, City Administrator FROM: Ken Soulhorn, Fire Chie SUBJECT: Battalion Chiefs' Vehicles The approved 1992 Capi ral Improvement Plan included two (2) four-wheel drive vehicles to replace the high mileage squad cars currently being operated by the Battalion Chiefs. The CIP authorized $34,000 for this purchase. We plan to utilize the favorable pricing provided by the Hennepin County vehicle bid. The deadline for ordering on this bid is Friday, March 20, 1992. • Battalion Chief vehicles are "take home" vehicles and must house all of their personal gear, firefighting extinguishers, first aid kits, oxygen bottles and self-contained breathing apparatus as well as a number of files, lists and reference documents. These vehicles serve as the initial command post for almost all incidents. In short, they must carry everything necessary to command a scene. E3attalion Chiefs Diloia and Jensen have carefully examined the options, dimensions and capabilities of a number of vehicles and have narrowed their choices down to the Chevrolet Suburban and the Chevrolet S-10 Blazer. Both vehicles have strong positive aspects. A final recommendation will be made upon Battalion Chief Diloia's return from vacation on Saturday, March 1'4, 1992. The purchase of either vehicle requires an expenditure in excess of the CIP amount. When we generated the CIP (about a year ago) we did not accurately anticipate 1992 pricing nor did we realize that the city vvas subject to a 61% sales tax on these vehicles. The sales tax alone amounts to over $1200 per unit. Because of the order deadline, we are asking for approval to spend up to $20,400 for each of the two vehicles. This is a maximum expenditure based upon a possible recommendation for the purchase of Suburbans. If the recommendation is for S-10 Blazers, we will be spending approximately $17,905 for these vehicles. KRS/kmk • Agenda Information Memo • March 17, 1992 City Council Meeting SWAC APPOINTMENTS F. Appointmenj.s, Solid Waste Abatement Commission Vacancies—Enclosed on pages 4 through (3 is a memorandum from Recycling Coordinator Hageman relative to appointments for the remaining vacancies on the Solid Waste Abatement Commission. As noted in the memorandum, there is an opening. for one three-year position for a resident or business representative and a one-year alternate position which is typically filled by a resident. Staff has received indications of interest from: John Pellicci Dan Breva Cheryl Dusek All three parties indicated an intention to forward letters of interest in this regard. Letters from Mr. Pellicci and Mr. Breva are enclosed as a portion of the Recycling Coordinator's memo. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint a three-year resident or business representative and a one-year alternate representative to the Eagan Solid Waste • Abatement Commission from among the interested parties listed above. • • MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY ADMINISTRATOR HEDGES FROM: RECYCLING COORDINATOR HAGEMAN DATE: MARCH 11, 1992 SUBJECT: APPOINTMENTS: EAGAN SOLID WASTE ABATEMENT COMMISSION After the initial reorganization of committees and commissions, the Solid Waste Abatement Commission was left with two position openings. Currently, one regular member position for a resident or business representative and the alternate position have yet to be filled. To date, three Eagan residents have submitted letters of interest in serving on the Solid Waste Abatement Commission. I am respectfully submitting their letters of interest for your review and possible formal appointment to the commission. The current representation on the commission is as follows: o Four residents o Two refuse/recycling haulers o Two business representatives • I have placed the item on the consent agenda for the March 17, 1992 regular City Council meeting. If you have any questions regarding this matter, please contact Jon Hohenstein as I will be out of the office until Wednesday, March 18. Jon has the appropriate copies of the letters. Recyclin Coordinator cc: Assistant to the City Administrator Hohenstein • 10 • I February 24, 1992 Mr. Tom Hedges City Administrator 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Tom, I would like to express my desire to volunteer my time to the City of Eagan. Specifically, I would be interested in the Solid Waste Abatement Commission for which I understand there is an opening. My wife and I have been residents of Eagan for seven years and I feel it is important • to contribute something back to the city from which I have benefitted greatly. Currently, I am employed by Piper, Jaffray & Hopwood as a Vice President in the Institutional Fixed Income Department. I have worked for Piper for six years. Although my background is largely financial, I am concerned about the environment and believe I could contribute to the Solid Waste Abatement Committee. I appreciate your time and consideration on this matter. I have enclosed a business card, feel free to call me at work or home 452-9551. Sincerely, pzu John F. Pellicci C • 1 ` • February 4 , 1992 835 Ventnor Avenue Eagan, MN 55123 Tom Hedges L5 L5 0 �1 Administrator City of Eagan -_ 7 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Hedges: I am writing in regards to the vacant position on the Solid Waste Abatement Commission with the city of Eagan. I relocated to Eagan in December of 1990 and was favorably impressed with the recycling program that was in place at that time. The improvements in 1991 have added to the program. I see the work of solid waste abatement as a small part of • environmental awareness and action that needs attention. The solid waste issues for the city and state continue to grow and solutions are not final . Solutions give rise to other problems. I think the involvement of people in seeking solutions to the problems that exist is key to selection of acceptable solutions. I have enclosed a copy of my resume so you will know my work background. On a personal level , I am married and have three children. The youngest is 17 and will graduate from Eagan High in June, 1992 . My wife is a Nurse Manager with the Amherst Wilder Foundation in St. Paul . If you would like to meet and talk with me, you can contact me at the following numbers: Home 456-0363 Work 296-9679 Thank you for your time. S3pcerely, 7 • G1it.� Dan Breva I DANIEL K. BREVA 835 Ventnor Avenue • Eagan, MN 55123 (612) 296-9679 (work) (612) 456-0363 (home) EDUCATION and TRAINING * 1965 High School Honors Diploma Minneapolis Roosevelt High School * 1965-1969 University of Minnesota, Minneapolis 150 Degree credits Biology and Sociology Major * 1972 University Of Minnesota, Extension 3 Degree credits Natural Resources * 1974 National Park Service, Itasca State Park Park Manager School * 1980 Mankato State University, Extended Campus 5 Degree credits Archeology * 1982 Austin Community College 3 Degree credits Microcomputers * 1989 University of Minnesota, St. Paul Short course Remote Sensing and GIS * 1992 Metro State University, St. Paul Futures Studies WORK EXPERIENCE • 1990 to present Operations Coordinator Minnesota Department of Natural Resources Division of Parks & Recreation St. Paul , MN * Assist in the administration of the overall state park operation and maintenance programs. * Monitor and implement the park Operating Standards to equitably distribute the $10 million annual operating budget. * Provide an operations perspective and monitor and coordinate personnel transactions to assure efficient, orderly, and effective statewide park operations. * Coordiante Public Relaitons and inormation activities so that Department and Divisional objectives are constructively communicated to the public. * Provide operational recommendations on matters of planning and policy so that active programs and operational needs are met. * Draft and recommend Divisional policies regarding operations and maintenance for consistent actions statewide. * Coordinate with other agencies so closer cooperation and good relationships are established and maintained. • 13 1980 to 1990 Park Manager, Helmer Myre State Park • Albert Lea, MN * Assisted development of system-wide Maintenance Manual . * Helped develop priority system for maintenance budget. * Established marketing plan to increase non-resident use. * Advised and initiated use of computers in state park system and developed application programs for parks. * Implemented Park Management Plan. * Co-ordinate major community event held in park(3 yrs) . ( 3-day attendance: 22 ,000) (Volunteer help: 250) * Coordinate Volksmarches and Ski Race in park. * Originated write, and edit quarterly newsletter for park supporters (200 on mailing list) for 8 years. * Assisted in the addition of 60 acres to park property. * Introduced use of EPPL-7(automated GIS) into Minnesota State Parks. * Restored 50 acres of prairie planting and restored 200+ acres cf wetlands. * Built park activity from 55,000 to 160,000 visits in 10 years. Increased income from $24,000 to $106,000 over the same period. 1977 to 1980 Park Manager, Old Mill State Park Argyle, MN * Restored and reactivated historic Larson grist mill. • * Rebuilt 90 year-old immigrant log cabin. * Participated in development of park management plan. * Trained State employees in Multi-media First Aid. * Cleaned and Repaired swimming pond and beach following major flood. 1976 to 1977 Assistant Manager, Jay Cooke State Park Carlton, MN * Initiated park maintenance planning. * Replaced 1 mile of water supply line (emergency repair) * Constructed snowmobile trails and bridges. 1972 to 1976 Assistant Manager, Scenic State Park Bigfork, MN * Budgeted and constructed 3 buildings. * Rehabilitated 2 campgrounds (150 sites) . * Developed interpretive trails. 1969 to 1972 Assistant Manager, Fort Ridgely State Park Farifax, MN * Maintained nine-hole golf course (sand greens) . * Constructed 24 unit campground. * Re-constructed abandoned sanitation building. • 1 4 DANIEL K. BREVA • HONORS and AWARDS Award of Merit 1987 Minnesota Association of Government Communicators, Honorable Mention, Directors Marketing Award 1986 Minnesota Department of Natural Resources, Parks Certificate of Commendation, Compliance Award 1982 , 1983 , 1985, and 1986 Minnesota Pollution Control Agency Certificate of Award Governor's Office ADDITIONAL INFORMATION * Division representative on Department GIS/LIS working committee. * Assisted in development of the Special Events Manual . * Vice-president of the State Parks Volkssport Chapter. * Authored article in Volunteer magazine. * Currently licensed Class D Wastewater Operator. * Certified Level II Law Enforcement Officer. * Chairperson of Parks Centennial Trail Committee. VOLUNTEER WORK • * Member of Rotary International 1985-1990. * Coordinator of Emergency Food Pantry at local church. * Adult member and chaperone for mission work to Appalachian region of Kentucky. • Agenda Information Memo March 17, 1992, City Council Meeting AUTHORIZE FEASIBILITY REPORT LONE OAK ROAD/EAGANDALE BLVD (INTERSECTION IMPROVEMENTS/SIGNALIZATION) G. Project 631, Authorize Feasibility Report, Lone Oak Road/Eagandale Boulevard (Intersection Improvements/Signalization)--In accordance with the City and County 5-Year CIP, the intersection of Lone Oak Road and Eagandale Boulevard is proposed to have a signal installed. In order to accommodate a signal at this intersection, a certain amount of roadway improvements are necessary to provide the appropriate left/right turn lanes. Staff is recommending that the Council authorize the preparation of a feasibility report which will evaluate the appropriate extent of the roadway improvements, benefitted property owners and methods of financing this proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 631 (Lone Oak Road/Eagandale Boulevard - Intersection Improvements/Signaliz ation). RECEIVE BIDS/AWARD CONTRACT (SOUTH WELL FIELD CONVERSION) • H. Contract 92-03, Receive Bids/Award Contract (South Well Field Conversion)--At 11:30 a.m, on Friday, March 13, formal bids were received for the above-referenced contract. Enclosed on page )1 is a summary tabulation of the bids received showing the relationship of the ]ow bidder to the engineer's estimate. All bids will be evaluated for their compliance with the bid specifications and any changes or modifications will be addressed at the Council meeting on March 17. This project provides for the conversion of the well shafts and pumping facilities for all the wells within the south well field to make them compatible with the pressure zones within the recently completed Cliff Road Water Treatment Facility. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 92-03 (South Well Field Conversion), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • • 1 (-1 WELLS 5,10,12,13,14 & 15 WELL PUMP MODIFICATIONS CONTRACT 92-03 EAGAN, MN. 1992 BID DATE: MARCH 13, 1992 BID TIME: 11:30 A.M. CONTRACTORS TOTAL BASE BID 1. Bergerson-Caswell $58, 380. 00 2 . Mark J. Traut Wells 64, 865. 00 3. Keys Well Drilling Co. 65,863.00 4. Layne Minnesota Co. 66,679. 00 5. E.H. Renner & Sons 72,708. 00 LOW BID $58,380.00 Engineer's Estimate $85, 000. 00 % Over (+) Under (-) E.E. -31. 3% • • Agenda Information Memo • March 17, 1992 City Council Meeting FINAL PLAT/HADLER PARK I. Final Plat, Hadler Park—Final plat documents relative to the above-referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on ° page t,, . for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Hadler Park as presented. • • i � 3 i1 ;; S 311 •i 1 t 1 0• 0 9 1111 i . `1 r IN i F - t 133 s 3 ! 5 ' 3 ; a S 3 . I e t � o-� 7. 1- 1 iF 1 jfl :� ". 1 i a �z 3 . 3b ! g ! 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Project 596R, Final Assessment Hearing (Woodlands North Addition - Streets & Utilities)--On February 18, the final assessment roll for the above-referenced project was presented to the City Council and a public hearing scheduled for March 17. Enclosed on paged ( is a summary tabulation showing the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on September 18, 1990. All notices have been published in the legal newspaper and sent to all affected property owners proposed to be assessed for these improvements. In addition, staff has reviewed these proposed final costs with the affected developers. As of this date, staff has not received any objections to these proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 596R (Woodlands North Addition - Streets & Utilities) • and authorize its certification to Dakota County. • t FINAL ASSESSMENT HEARING PROJECT NUMBER: 596R ASSESSMENT HEARING DATE: MARCH 17, 1992 SUBDIVISION/AREA: WOODLANDS NORTH PUBLIC HEARING DATE: AUGUST 18, 1990 S IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. — Feasibility Report FINAL P.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ❑Trunk ❑ Trunk 770.62/unit D ; 1,137.28/unit $ 951.60/unit D $ 1,346.67/unit © Laterals $ 2,112.62/unitS$ 2,443.35/unit ❑ Laterals $ 486.10/unit S $ 947.54/unit ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk _ HATER STREETS ❑Trunk ❑ Gravel Base $ 816.23/unit D $ 915.93/unit f� ; 1,710.11/unit D $ 1,580.51/unit Laterals $ 1,315.16/unit S $ 1.608.42/unit lx l Surfacing $ 4,250.60/unit S $ 3'086.15/unit ❑ Service ❑ Res. Equiv. [' Lat. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS in Water & San. $ 857.10/unit D $ 1,142.72/unit $ -0- D $ 102.37/unit Sewer $ 1,165.48/unit s $ 1,059.58/unit ® Installation $ -0- S $ 255.94/unit Other $13,794.60 Lump Sum ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED 90-16 41 5 Yrs. 8.0 % $267,003.57 -0- COMMENTS: 0 = Duplex units S = Single Family units • a Agenda Information Memo March 17, 1992, City Council Meeting VACATION/LOT 1, BLOCK 1, DAKOTA COUNTY PLAT I el Vacate Drainage, Utility & Ponding Easements (Lot 1,Block 1, Dakota County Plat I)-- 9n February 18, the City received a etition from the developer of the Hadley Park Addition requesting tl e i y s consideration of vacating the existing underlying draina jtility and ponding easements that were originally dedicated over t 1, lock 1, Dakota Co t I which is being replatted into the Hadler Park Addition. Based on that petition, the City sc e u e a pu 1ic hearing for March 17 to or discuss this re uest. All notices have been published in the legal newspaper and sent to all potentially affect parties informing them of this public hearing. After review by City staff, there are no objections or concerns.subject to replacement easements being dedicated with the recording of the Hadler Addition final plat. It is anticipated that final plat approval for this development will be scheduled earlier on this agenda. If for some reason, the final plat is not approved, it would be appropriate to continue consideration of this public hearing until such time that the fina. plat is ready for Council consideration. In any event, approval of the vacation should be contingent upon recording of the new plat with Dakota County. Enclosed on page 0 3_ is a legal description and map referencing the location of the easements proposed to be vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To close/continue the public hearing and approve/continue lie vacation of drainage, utility and ponding easements over Lot 1, Block 1, Dakota County Plat I, and, if approved, it is conditioned upon the recording at Dakota County of the Hadler Park Addition final plat. S ,�a - DAKOTA COUNTY PLAT 1 Description for proposed easement vacations • All of the drainage easements and drainage and utility easements on Lot 1, Block 1, DAKOTA COUNTY PLAT 1, except the 20 foot easement lying 10 feet on each side of and adjacent to the following described centerline and its southeasterly extension: Commencing at the southeast corner of said Lot 1 ; thence North 89 degrees 33 minutes 04 seconds West, assumed bearing, along the south line of said Lot 1 a distance of 511.67 feet to the centerline of said easement as shown on said plat and the point of beginning of the centerline to be herein described; thence North 30 degrees 33 minutes 04 seconds West 56. 14 feet; thence North 0 degrees 26 minutes 56 T A seconds East 250. 00 feet and there terminating. 1 27,R.23 $ �,:,:11•:T�• I' �.�': �.. ;U ':.•. \1 I J ,!� A'S I '•' :'F4• .T tr. ;I.; •�. NO. ?,lq CLIFF Ir eoao 1 ... aaor[. •►•••'• S.e9.33'04"E. /I700.09 r w Inc ,t t7,11 wo ►= b�---� ( �V SitE__ p 8 COUNTY STATE AID HIGHWAY NO. 32 ( CLIFF __ROAD ) $ I N :£ :Ia sec.k .r!t, S— --� Q :f1 A'Mw $ ; s i iP!3 .. r♦ 4Jb� S.0?33'04"E (�t '7it!!�c 745'79 �------i a,,a : \1 BLOCK ?-1" '7�„" a gam \ r d ~ I i SCALE cC E:: . ,1••• '� �:t3l ,I' ii::'.:: -'+:: .:7.41".'x'•' srii,',`� :: _ e _ ' a =. ':. ':: c. ry t' / l LOT I �`tt :} • rc toJ � `N ♦!e•OpT •' O♦ L STAN .M VT TT ••"w+t EASEMENT TO �E it li g o BE VACATED lk 1 § i to " I N 00'1,6'!!9"E �'��.•+ 3000';=`"� N 0r 33'04"w. $19.40 ao a t3S.49 I A RAHN •80.00 WAY R N. 09'33'04•W. 798 46 fi • I 'mu, r 1, or r f Iff I 11.90 aewFD O• •a". 1,f Tw! et im or sec [I,r f7.01![• •tloo Doe I • ►!!t • Asnot•s found Dakota County C 11A tt+•tk•d PLO 11719 dew • +eo •![t - • •knots Deketo County tee K 14" east • Iron pipe end otestle ter sit end twist, UN[ Of THE N[ 1/4 OF PLO 0749,untst• etM Mown een ,R t3 t! AUUUV[D TO NAY! Ut ! 01 33'04"t —e--e-- e•net•s "fight of nerves" d•Aleet•d to ; ._..5 . . . 1°'14..1° G • \fiCer Agenda Information Memo � " March 17, 1992, City Council Meeting i DIFFLEY ROAD RECONSTRUCTION C. Project 607,Diffley Road Reconstruction--On February 18, the City Council received the feasibility report for the above-referenced project and scheduled a public hearing to be held on March 17 to allow staff an opportunity to formally present and discuss the improvements associated with this project. In addition, an informational neighborhood meeting was held at the Eagan Alliance Church on Diffley Road on Thursday, March 5. Representatives of the City and County staff met for approximately 21 hours with interested property owners to explain the project, its impact on adjacent properties and the City's proposed method of financing its proportionate share. Enclosed on pages42(0 through 3/ is a report of that meeting summarizing the issues raised and responses provided. In addition to considering approval of the project as a whole, there are two alternates that are being presented that should be decided upon to allow the final design and right-of-way acquisition process to be initiated in a timely matter. These are identified as follows: 1. Storm Sewer Outfall • This project provides for three alternate routes for the storm sewer outfall on the western end of the property. Due to the water quality impact and cost and disturbance to heavily wooded topography, it is not recommended that the sedimentation basin be constructed to allow the outfall to the south into Quigley Lake which is a Class II Recreational waterbody. Alternate #3, while it is the least expensive route, provides for the outfall to the north into Patrick Eagan Park following the natural ravine through the Caponi property on its western edge. Although construction costs would be less, there would be more significant impact to larger mature trees while impacting a singular property owner through the middle of his property. Alternate #2, while it requires greater depth to go along the common property line of Mr. Rooney and Mr. Caponi, does keep the utility on the common property line spreading the burden equally between these two property owners thereby minimizing any potential severance damages to the parcel as a whole. Staff is recommending that Alternate #2 be selected while allowing further study to provide some minor changes in alignment as may be necessary to minimize costs, save significant tree(s) and/or slope an alignment to accommodate a future trailway from Diffley Road to Patrick Eagan Park. 2. Retaining Wall Two alternates incorporating retaining walls have been evaluated to minimize the impact of the cut slope on the south side of Diffley Road to Mr. Caponi's property. The first alternate is the installation of an 8' wall at the top of the slope approximately 80' from centerline which would cost an additional $25,000 and preserve a 20'-25' landing at the top iobefore the property then again falls away to the south into the proposed future amphitheater aL/ • Diffley Road Reconstruction (Continued) area. The second alternate provides for a three-tiered wall system (each wall 8' high) preserving an additional 25' (total 50-55 +/-) at the top of the slope. However, this alternate would cost the City an additional $185,000 or $160,000 more than the single wall concept. Dakota County will not provide any financial participation for either of these alternates. Staff cannot make a recommendation without knowing the method of financing these additional costs. Therefore, if one of the two alternates is decided, the City Council should identify the appropriate source of funding. Due to the length of the feasibility report for this project, it is included without page number. These plans,which have the construction limits and changes in grade color coded, are approximately 30 feet in length and will be secured to the Council Chamber walls for review during the public hearing. Representatives of the County and City staff and the City's consulting engineer will be presenting information regarding the various aspects of this project and will then be available to answer any questions that may arise during this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 607, Diffley Road Reconstruction, and authorize the preparation of detailed plans and specifications. • 02,5- • MEMO TO: FILE FROM: MICHAEL P. FOERTSCH, ASSISTANT CITY ENGINEER DATE: MARCH 12, 1992 SUBJECT: NEIGHBORHOOD MEETING - CITY PROJECT #607 DIFFLEY ROAD RECONSTRUCTION The neighborhood meeting for the above-referenced Diffley Road reconstruction was held on March 5, 1992, at 7:00 p.m. at the Eagan Alliance Church, 700 Diffley Road. Representatives from the Dakota County Highway Department included Dave Everds, Pete Sorenson and Dave Zech. Representatives from the City included Tom Colbert, Stan Lexvold, Mike Foertsch and Jim Johnson from OSM. Attached is a listing of the residents along Diffley Road that attended the neighborhood meeting. Tom Colbert opened the neighborhood meeting at 7:00 p.m. by welcoming the residents and introducing the representatives from the City and the County. Tom reviewed the agenda and format of the meeting. After some brief introductory comments by himself, representatives from the County would describe the details of the road improvement and the scheduling of the improvements. Next Jim Johnson from OSM, the City's consulting engineer on the project, would go through the project describing the utility construction and the financing of the improvements. After the project descriptions by representatives from the County and the City, there would be a general project question and answer session. • Questions during this time should be limited to more of a general nature and then following the general project question and answer period, the residents could ask specific questions of individuals representing the County and the City. Dave Zech explained the County's portion of the project beginning at the west end. Dave went on to explain the project includes grading, clearing and grubbing, reconstruction of the existing rural County road section to an urban section, and bituminous trailways on one or both sides of Diffley Road for the entire length of the project. Also included in the project were traffic signals on Diffley Road at its intersection with Braddock Trail and Lexington Avenue. The urban cross section for the roadway will be four-lane with a center turn lane from the west end of the project to Lexington Way. From Lexington Way to just east of Braddock Trail the roadway construction will be a four-lane divided with concrete medians and turn lanes. The section from Braddock Trail to T.H. 3 will be a two lane section with a center turn lane and 8 foot paved shoulders. The trailway construction will be only on the north side of Diffley Road up to Lexington Way. From Lexington Way to Dodd Road, the trailway will be on both sides of the roadway and east of Dodd Road the trailway will be only on the north side of the roadway. Dave went on to inform the residents that land acquisition was necessary for the construction of the roadway improvements. Dave explained to the residents that land acquisition can be a negotiated process between the property owner and the County. If the County and the property owner are not able to come to terms as far as the value of the taking, then the eminent domain process would come into effect. The procedure which the County uses for the right-of-way acquisition is to first mark the right-of-way acquisition limits in the field. After the staking of the acquisition limits in the field, the County • appraiser contacts the property owner and reviews the taking with the property owner. The appraiser then makes an offer to the property owner for the value of C--) (6? PAGE TWO MARCH 12, 1992 the taking of the property. If the property owner and the County's appraiser do not agree on the price of the acquisition, then the acquisition price is determined by a Court- appointed Commissioner. The following schedule was presented to the residents: • May 1st - complete identification of right-of-way acquisition limits. • July 15th - letting of contract for improvements. • August 15th - construction starts. • September 1st - possession of right-of-way through the eminent domain process. • Fall, 1993 - Completion of project. With the starting of the construction so late in the construction season, the County assured the residents that the roadway would remain in a paved condition through the winter. Cross street access would be maintained at all times at • Lexington Avenue, Braddock Trail, and Dodd Road. Short delays in cross street access are anticipated due to utility construction. This concluded Dave Zech's portion of the presentation. Tom Colbert next explained the reasons for the County Road improvement at this time. Tom went on to explain that the improvement is a result of the County/City C.I.P. process which outlines County Road improvements within the City of Eagan for the next 5 years. Initially, Diffley Road was scheduled for upgrade in 1993. As a result of the proposed high school expansion, residential development in the area of Diffley Road, and joint support by the City, County and the local Chamber of Commerce, the project was accelerated to begin in 1992. Jim Johnson of OSM explained the utility construction planned with the upgrade of the roadway. The utility construction consists of the extension of an existing 12" trunk watermain from the west end of the project to the Lexington Avenue reservoir. In addition to the watermain construction in this section of roadway, Jim reviewed 3 alternatives for storm sewer construction in this area. The first alternative was to collect all of the storm water runoff from the roadway and discharge this runoff into Quigley Pond. The second alternative was to collect the runoff from the roadway and convey it north along the common property line between Rooney and Caponi into Pond JP-8 located north of Diffley Road in Patrick Eagan Park. The third alternative was to discharge the stormwater into the same ponding area, but take an alternate alignment which followed the natural ravine area through Caponi's property from Diffley Road to Pond JP-8. One advantage for alternative #2 is that this alternate provides an • alignment for future trailway access between Diffley Road and Patrick Eagan Park. Jim stated the additional utility improvements which would be included in the • PAGE THREE MARCH 12, 1992 County road improvement would be those such that all properties adjacent to the roadway which required utility service would be included in the roadway improvement project. Those areas which could be served from a utility located outside of the Diffley Road corridor were not proposed to be serviced by utilities under this improvement project even though they had property adjacent • to the Diffley Road alignment. The utility improvements that are proposed under the project between Lexington Way and Dodd Road are limited to storm sewer improvements necessary to convey the runoff from the roadway. A sanitary sewer service stub is being provided to the park property at the southwest quadrant of Lexington Avenue and Diffley Road. Between Dodd Road and T.H. 3 the utility improvements include, in addition to the necessary storm sewer improvements, watermain and sanitary sewer service to serve the unplatted properties adjacent to the roadway. Tom Colbert explained the City's special assessment policy and how the special assessment policy impacted the residents adjacent to Diffley Road. Following the presentation by City and County representatives, a general question and answer period was conducted. The following questions were asked by the residents and a response was given to them by a representative from the City or County: • • What are the cut and fill sections along the roadway? • How far south does the existing trailway located on the south side of Diffley in the vicinity of Braddock Trail go? • How was the utility assessment which was proposed developed? • Do I have a street assessment if I do not have driveway access to Diffley Road? • Why the trailway variations on one side for a portion of the roadway and on both sides for the other portion of the roadway? • Does the City appraise property prior to the levying of an assessment or proposing of an assessment? • What is the classification of Diffley Road as far as arterial or collector roadway status? • How is the justification for the assessment proposed to the property established? • . Are speed limits going to be lowered on the roadway? • Is a lowering of. the speed limit justified in school zone areas? • • What are the noise implications of widening the roadway? 4 ) PAGE FOUR • MARCH 12, 1992 • Is signage proposed for Braddock Trail on Diffley Road? • Were streetlights proposed? • Does the improvement include the relocation of the electrical utilities serving the area? • Why divided roadways? • What are the rights conveyed by temporary and permanent easements? • What City Council action is required to approve the project? • What is the life expectancy of the roadway construction? • Was any pedestrian accident information pursued? • Does the City plow trailways? • Is parking permitted anywhere along the roadway? • Is there a difference between the trailway grade versus the roadway grade? • If I relocate my driveway from Diffley Road to an adjacent road, do I still need to pay a Diffley Road street assessment? Following the general question and answer period, the residents asked more specific questions in relation to their property and the effect of the roadway improvement. The ne•ghborhood meeting adjourned at approximately 9:45 p.m. • dt44/jUltT1( Michiel P. Foertsck 22 Assistant City Engineer MPF/j f • aG • NEIGHBORHOOD MEETING DIFFLEY ROAD UPGRADING THURSDAY, MARCH 5, 3.992 NAME ADDRESS 1. r:1N-4G: Ki Ps- Atati a„ ak 4--1As■. q11-4-t ?a 2. 0� Q9vh,o s7>fbe9 F ‘,9 14u-a cl /a 7a Dist y / 3. �-- r $AJA12V> VA VnCC t7 iDRj,E AA C 4. Ocwf O `&vLevA 4447 G- . 5. ib4P-1/1 6z44 ( 4/ZJ d 4.40/dCle 7-?/it/C_ 6. 1 _ I a.3e � ,� ,-„ c/G 7 . 1 f (mil 71,Ii • 8. . _1& -/_-/ ' • L- . a LL. 9. ,..L sa o Z , ‘f /T.D. ' • io. a(eit,t7C21_ ,Z4,..i. to A..s- C2,7 0 ii. aliktit QggA,Ia„A i -7S-Y- 4Viai el 12. S 1 e e S!,�4..v r ./..�1�, , '/ L 2 1 a -• J�. 4/•c -1-, 13.6 4-41-1, `Yt Ar 447 Z y i I 14. arR 13IZA 50AIEJII 4'10 V,F?L4Y 15. CPz`f KLELN)e: -- • 42-0 / b / FFLE"f 16. I R V 50 u (2 vi-r-VJ F- d v �� 17. 'fDAV E SSDG .E N�"z YoR,3'.+owl\ DR. 18. f art e e./ 6:4-r,7 ( 841) cc4y ed. 19. 1 1-In,k((n.lilf1 'Ina SQ9 /Q(.b( Tit_ 20. 1Y 4.41 Wi4-6-10. -- 3- -? . rot-41.0,1 a_ 21. `�"al� .5"3 o V ' ' V- . 22. /JO �/ • ” / eitr , 9 %s7 _/ • 23. I /C.202-.-- 1-40/0./C--- V/ [ / l wee- 30 2 4. Ceb elr MeA Z.,'SSVI'l rA AF iha4 f()74 I) I e) 25. 5 , 919-C / • 26. 5A 27. Yvon-n e K/1/7 ;frdc '/f5'"-* 5. Z ex r der' 28. [24 e \ c 29. it4 016 l 114:1143 �0B D;( 30. ci l- #57/ ! hL•C1 - 31. C fo-71uK. L0.rSaves C ' Z .kw.ti 64KS C 32. E ist,144.K /4.2. 1s Cp �.e 95-- `/Or1(7v4id Dr 33. ` et IJ 411 S5 N�1 °%N'IW rLY 10 2-1 �1 JF FLACV 34. CO RI S k6 H "11O /1 FF1- - 35. / i9 t, C O4r /S J)W-4, 36. ..c p (f-Li g.1.2.7 1c.4 -, !V Ca f 37. J 11"N•• °0 100 ' �-tC g.Ailft.r4 X11-1 l 7J 3 8. a tG� ��' 'za O y n r� � )-A • 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. • I Agenda Information Memo March 17, 1992 City Council Meeting 3:1PI S CONDITIONAL USE PERMIT/NITTI DISPOSAL/OUTDOOR STORAGE A. Conditional Use Permit, Nitti Disposal Inc., to Allow Outdoor Storage in an LI (Light Industrial) District, Lot 8, Block 1, Sibley Terminal Industrial Park Located West of Highway 13,North of Yankee Doodle Road in the SE 1/4 of Sec.8—An application has been received of Nitti Disposal Inc., for the above referenced conditional use permit. This item has been before the council previously and has been continued at the applicant's request to permit further discussion of staff conditions if the application is approved. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages 33 through 57 for your review. Also enclosed on page 12 is a supplemental memorandum from the Community Development Department relative. to discussions with the applicant and correspondence from Nitti Disposal which is enclosed on pages 3 gthrough W. Also enclosed without page number due to length is support information provided by the applicant relative to their hazardous waste contingency plan,paving and building proposals, 40 the current down turn in recyclable markets and the concrete bunker system being used at the site and the subject of the conditional use permit application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Nitti Disposal Inc. to allow outdoor storage in an LI (Light Industrial) district on Lot 8,Block 1, Sibley Terminal Industrial Park located west of Highway 13,north of Yankee Doodle Road as presented. • .3D.-- SUBJECT: CONDITIONAL USE PERMIT •• APPLICANT: NMI DISPOSAL INC LOCATION: 3291 TERMINAL DRIVE (LOT 8, BLOCK 1, SIBLEY TERMINAL IND PK) EXISTING ZONING: LIGHT INDUSTRIAL (IA) DATE OF PUBLIC HEARING: DECEMBER 19, 1991 DATE OF REPORT: DECEMBER 9, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage on Light Industrial zoned property located on Lot 8, Block 1, Sibley Terminal Industrial Park, just north of the Yankee Doodle Road and Terminal Drive intersection. COMMENTS: Nitti Disposal Inc. has been operating in Eagan since January 3, 1991. In addition to the refuse hauling business, Nitti Disposal is operating a transfer station for recyclables. The applicant has yet to receive approval for its transfer station permit from Dakota County. The County has been reviewing the application for several months. Keeping these materials outside requires a Conditional Use Permit which the applicant is seeking to allow for the storage of glass, plastic, cardboard, newspaper, and aluminum and tin. These items are currently being contained behind the building. These storage areas are open air on top and in front and enclosed on three sides by concrete block. Staff has health and safety concerns with this situation because the materials stored are subject to elements of weather, as well as rodents and/or vermin. These items should be completely enclosed while being stored. In addition, hazardous waste should not be allowed at this site; all material brought to and from this site should be covered while being transported and the operation should comply with all federal, state, and county guidelines. GRADING/DRAINAGE/EROSION CONTROL:, Lot 8 of Block. 1 of Sibley Terminal Industrial Park has been graded to serve the building and parking lots on the site. The south half along Terminal Drive which contains the building and bituminous parking lots has a steep slope that drains to the street. The north half of the site which contains the gravel parking lot is fairly flat. • 53 • The City has a public 21" storm sewer line along the north edge and a 15" storm sewer line along the east edge of Lot 8. The storm sewer lines that serve this area drain to Pond CP-8, which is a Class VII Stormwater Basin in the City's Water Quality Management Plan. Pond CP-8 is a designated ponding area in the City's Comprehensive Storm Drainage Plan and the pond is located on City owned property. The drainage from the site that will be conveyed to the City's storm sewer should be monitored to see how much debris from the recycling transfer center washes into the City's storm sewer. Currently, the applicant is storing the materials outside. The site contains bags of leaves stored in piles, plus bins with paper, glass, plastics and cans stored in them. The runoff from the site can carry leaves, paper and other debris to the City's storm sewer and the debris can plug up the storm sewer and degrade the water quality of the downstream ponds. The design of the upgraded parking lot shall prevent debris from the recycling transfer center from washing into the City storm sewer. Also, during the upgrading of the parking lot, the development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. UTILITIES: A 9" sanitary sewer and a 12" trunk water main are located in Terminal Drive and these lines provide service to the existing building. The existing hydrant located along the south edge of Lot 8 provides fire protection to the existing building. STREETS/ACCESS/CIRCULATION: The access to Lot 8 is off of Terminal Drive from two existing driveway openings. City staff recommends that the entire parking lot be upgraded to include concrete curb and gutter around the outside perimeter of the lot to control drainage and to define the limits of where vehicles and storage bins will be stored. Also, the parking lot shall be upgraded to current City standards by constructing a bituminous or concrete surface over the entire lot. FINANCIAL OBLIGATION - 8-CU-15-11-91 Lot 8, Block 1, Sibley Terminal Industrial Park 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 Project Use Rate Quantity Amount None • 3 • If approved this Conditional Use Permit is subject to the following: 1. All recyclables shall be stored in completely enclosed areas. 2. All material brought to and from the site shall be covered while being transported. 3. No hazardous waste shall be allowed on site. 4. All federal, state, and county guidelines shall be met. 5. The City of Eagan approval is subject to approval by the Metropolitan Pollution Control Agency (MPCA) and Dakota County. 6. Applicant shall provide written documentation to the City of MPCA and Dakota County approval. 7. The applicant shall record the Conditional Use Permit with the County with proof provided to the City within 60 days of approval by the City Council. 8. All other applicable Ordinances shall be adhered to. 9. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 10. The storm sewer layout for this site shall be designed in accordance with the City's Stormwater Management Plan and Water Quality Management Plan. 11. Current City Code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 12. The design of the upgraded parking lot shall prevent debris from the recycling transfer center from washing into the City storm sewer. • r 0 le, = r i k �, Z• n • ` L , o ->-,. j-...._ -- k4 Z. 1._ /4„ . ri.. ` f4 ACS• s. ....,,,,\T \I 0 oil . ,. ... .....r „. . ------7,T .....Z.,'-' ../v ts r \s s, 1 /.. f,: -CA, ♦ 1, •,1 I) ♦,. o •,�a�0 °yam '/', 14T.k. ,42,/ 4- 0 ! w% \\ nee) '7.--,/,,,.,,,: ,/' ......g::::\ 0 •.r. 5`0 O �, ▪ ';▪ ti N t.i • :. �� /, .: • /( H • ■O T CIN u? \ r "it ' N. a .? ` c i .9 K• • , J •N -''. p i N .; ,% N •`N / `'��' ' �`' yam• �� vl / W -\ .• `� i;\�:��• a �4v 0 �. J ,:. a V N '►-... 0. •�f • x,,_ 'tit.' =' z\t- . N 'e) N . .. . V.,", ,-. • (4° . / . a $ es p• -7 " • 1 ...\ . 1 \.\ ..\, Z 4i ■ at ft ✓ . N {► fps- 4 • J a 4 W V a 0 • '■ C\i -..-N.•' Ckk to - ---- J _--- --- ____ io ) 1.___ • ' =S ..—•/.L J * - • i._-A, `, 1. C�N..'U' ....'.N s.. -- TERMINAL,_/ ! 0 • SrTc • MEMORANDUM TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: MIKE RIDLEY, PROJECT PLANNER; DATE: MARCH 11, 1992 RE: NITTI DISPOSAL CONDITIONAL USE PERMIT Mr. Russell Schweihs, Nitti Disposal, submitted a letter to the City Council responding to conditions of approval placed on the Conditional Use Permit for outside storage. Nitti Disposal agrees to comply with all conditions except those relating to enclosing the storage and upgrading the site to current City standards. Staff has met with the applicant a number of times since November in an attempt to work out the specific details and would not concede to removing the conditions. It was staffs recommendation that a three-to-five year phased approach be implemented. This alternative was not acceptable to the applicant. Secondly,Mr.Schweihs references a meeting between John Jennrich,General Foreman,and • Lead Building Inspector, William Bruestle, wherein Mr. Bruestle informed Mr. Jennrich where the bins could be placed and a building permit would not be required. However, Mr. Jennrich did not speak to the planning staff regarding the land use issues pertaining to such a use, and therefore was not informed of the need for a Conditional Use Permit for outside storage. Dakota County is in the process of putting together a list of standard conditions to be met by Nitti Disposal for this operation and will supply staff a copy of these by Tuesday, March 17. Finally, design standards placed on recycling facilities by the Minnesota Pollution Control Agency state: • "The owner or operator of a mixed municipal solid waste recycling facility must design and construct the facility in a manner that prevents surface water drainage through recyclable, or unusable material, contains any spills or releases that could harm human health or cause environmental risk, and provides storage or recyclable materials and residuals." Project Planner MR/js • 3 vPISPel • Reduce■Reuse•recycle' .-. RUSSELL P.SCHWEIHS Chief Executive Officer March 10, 1992 Mayor and Common Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Sirs: Reference is made to our application for Conditional Use Permit for outside storage dated November 27, 1991. This application was submitted after receiv- ing a call from City Staff informing us of the need for a conditional use permit. This came as somewhat of a surprise in that prior to the installation • (on or about 6/3/91 )of the recycling storage bins our General Foreman John Jennrich met with Mr. Bill Brusto. Mr. Jennrich informed Mr. Brusto of our intention to install the aforementioned storage bins. He was told that no permit was required because it was a "floating" slab. Mr. Brusto did say that the storage bins needed to be 200 feet from the northwest corner of the build- ing and 20 feet from the west property line. Mr. Brusto actually drew on our site map where the storage bins needed to be (see attached). Mr. Jennrich ex- plained the proposed system in its entirety. At no time was there any mention . that any other permits were required. Consequently we proceeded with the project. After meeting with your staff and reviewing the conditions set forth in the staff report dated December 9, 1991, we have addressed all of the conditions that do not require a capital outlay as follows: 1) The commodity that is most likely to be affected by elements of weather would be newspaper. At this time we are tarping the material unless we are physically loading and unloading the material. Please find enclosed a proposal to construct a building to enclose the storage bins and to allow room for movement of equip- . merit within the proposed facility. . 2) Our policy is and has always been to cover all loads in transport. • 3291 Terminal Drive • Eagan, Minnesota 55121 • (612) 451-1421 • Fax 452-9156 :2)a) . Mayor and Common Council City of Eagan March 10, 1992 Page - 2 3) We do not handle or allow any hazardous waste on site other than material used in the normal course of business, ie. parts. cleaning solvent, which is handled per all current regulations. If we find any hazardous waste in a load of construction debris we follow the attached policy. 4) Please find enclosed approval letters and/or permits from Dakota County and Minnesota Pollution Control Agency. To the best of my knowledge there are no federal guidelines for this type of activity. 5) Same as #4. 6) Same as 414. 7) Does not apply until approval is granted. 8) Same as #4. 9) Included in #11. • 10) Included in #11. 11) See attached proposal Ace Blacktop. 12) Included in #11. As you can see, to blacktop and curb our lot as well as construct a building to enclose the storage bins would cost in excess of $110,000. Even if we erected a building to enclose the storage bins, it would not guarantee the elimination of rodents and vermin even if there was a real threat of this occurring. Quite simply, it is not garbage that we are temporarily storing it is recyclable material that is, for the most part free of contamination and has very little potential for attracting rodents or vermin. Secondly, the material is staged in the storage bins only long enough to accumulate a full load for transport to market. Typically this is no longer than 48 hours. In conclusion, we would be happy to comply with the enclosure and bituminous conditions of the permit. Quite frankly we do not have the money available at this time. Our business is highly capital intensive. Average truck purchase prices run $110,000. We then must purchase containers in order to service the customer. Ours is also a high maintenance business in that we are exposed to situations that are far from the norm. In addition to the aforementioned, recyclable markets are at their lowest point in years (see attached newspaper articles) . In some cases, we pay more to a 411 Mayor and Common Council City of Eagan March 10, 1992 • Page - 3 processor to recycle certain commodities than we would to simply landfill them. We expect these markets to improve in the future although demand must catch up with supply. At this point we can only ask the Council to defer conditions that require capital outlay indefinitely. I would like to reiterate that we would not have proceeded with this project if we would have known that the project cost would have been triple what we had anticipated and actually spent. Sincerely, Russell P. Schweihs RPS/ja Enc. • • • DAKOTA COUNTY LOUIS J.BREIMHURST,P.E. DIRECTOR (612)891-7005 DIVISION OF PHYSICAL DEVELOPMENT FAX(612)891-7031 01? Cot, 14955 GALAXIE AVENUE APPLE VALLEY,MINNESOTA 55124-8579 DEPARTMENTS OF- • ENVIRONMENTAL MANAGEMENT •• ■IGMWS AYS • PARK ��vNES°?' ;' • SURVEY •OFFICE OF PLANNING �� IC January 7, 1992 Mr. Russ Schweihs Nitti Disposal Inc. 3291 Terminal Drive Eagan, MN 55121 RE: County approval for the continued operation of a recycling/transfer facility at 3291 Terminal Drive, Eagan, MN. Dear Mr. Schweihs: • The Dakota County Environmental Management Department (Department) staff have discussed your request to continue operations of a recycling/transfer facility at the above referenced site. A review of the Dakota County Solid Waste Management Ordinance No. 110 (Ordinance No. 110) has determined that the activities you propose on the site are not regulated by Ordinance No. 110. Department staff have no objection to the continued operations of the recycling facility provided that only source separated materials are accepted and the quantities of rejected material remains minimal. In addition, the facility must be operated in an aesthetic manner including regular policing of the grounds and the periodic cleaning and disinfection of the concrete bunkers where food waste may accumulate. In addition to the recycling activities, Nitti Disposal is proposing to use the site for the temporary storage of roll- off boxes. Ordinance No. 110 does not address this particular activity, and it provides for broad interpretations of acceptable activities. • AN EQUAL OPPORTUNITY EMPLOYER - It is the position of this Department staff that Nitti Disposal be allowed to store roll off boxes of construction • waste overnight providing the following conditions are maintained: ✓1. Nitti Disposal Inc. continues to pursue and obtain a license to operate a transfer facility in Dakota County. 2. The number of boxes of waste stored on site is limited, and the boxes are only stored in a designated area approved by this Department. 3. The on site storage of waste is limited to a maximum of twenty four hours. 4. All loads stored on site must be checked for leaking and must be properly tarped and tagged identifying source, date and time of delivery. In the event that these conditions are violated, the County will not approve continued operations on this site. In addition, in the event that County license to operate a transfer station is denied, all waste storage activities at this site must cease immediately. If you have any questions regarding these conditions, please • telephone me at 891-7537. Sincerely, 41'102°211: 2111.16: 11r 4 Steve Scott Environmental Health Specialist Solid Waste Management ENH:SCHWEIHS cc: Margaret Westin, Dakota County Assistant Attorney Ray Erickson, Solid Waste Management Supervisor • • 3 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 SOKY Telephone (612) 296-6300 December 27, 1991 Mr. Russell P. Schweihs Nitti Disposal, Inc. • 3291 Terminal Drive • Eagan, Minnesota 55121 • Dear Mr. Schweihs: RE: Permit-by-Rule Recycling Facility We hereby acknowledge your intent to operate a recycling facility located at 3291 Terminal Drive in Eagan, Minnesota as defined in your December 26, 1991, notification form. This will be considered a permit-by-rule recycling facility based on Minnesota Solid Waste Management Rules (Minn. Rules ch. 7035). Also, based on Minn. Rules pt. 7001.3050, subp. 3, item A, the owner or operator is considered to have • obtained a solid waste management facility permit without making application for it, unless the Commissioner finds that the facility is not in compliance with Minn. Rules pts. 7035.2525 through 7035.2655, 7035.2855, and 7035.2865. An annual report as required under pt. 7035.2585 must be submitted to the Minnesota Pollution Control Agency (MPCA) by February 1 for the preceding year. This letter should not be construed as a release from liability which the owner/operator or its contractors may have under any law, state and federal. In addition, this letter shall not be construed as an assumption of liability by the MPCA for any activities undertaken. The MPCA retains the right to require the owner/operator of other responsible persons to conduct additional studies or • remedial or removal action if hazardous substances are released or have the potential to be released. Before you begin operations at the site, you are reminded to contact your County • Solid Waste Officer and/or Zoning Officer as per any local ordinances. If you have any questions, you may call me at 296-7294 or Linnea Fredrickson at 296-8549. Thank you for contacting us. -in.-r-1 \ ' tin Ike•� I. •:ram Development Section t ,und Water and Solid Waste Division • JI:sjk • Regional Offices: Duluth • Brainerd • e roit Lakes• Marshall • Rochester Equal Opportunity Employer • Printed on Recycled Paper Agenda Information Memo • March 17, 1992 City Council Meeting +l. \•%T•• ':4:•T:4:•T:•iT':ii•TTT:•:ii•T:4 ESTABLISH PRECINCT BOUNDARIES/LEGISLATIVE REDISTRICTING A. Establish Precinct Boundaries for Legislative Redistricting—The Secretary of State's office through the Dakota County Auditor has officially notified the City that the legislative redistricting plan ordered by the State Court as of January 30 is in effect. All precincts must be reestablished by March 30 and County Commissioner redistricting must be completed by April 20. Enclosed without page number is a City of Eagan 1992 street map which shows the legislative districts, new precinct boundaries and polling places as prop sed by staff and recommended to the City Council for approval. Also enclosed on page HZ is a list of the proposed polling places for the City's 20 precincts and the over 18 population from the 1990 census in each of the proposed precincts. As a result of the direction from the City Council at the special meeting on October 22, 1991, Precinct 1 was made larger since little growth in voters would be anticipated in that precinct. The corresponding change was in Precinct 3 which became somewhat smaller. After additional review, it was determined that the Quarry Park Shelter would be a better polling place than Sky Hill Park Shelter for the new Precinct 2. The facilities and parking are about the same and Quarry is much closer. • Consequently, that change is also included on the enclosed list. By way of review, the redistricting objectives incorporated into this proposal include meeting the legislative districts, incorporating census tracts, limiting precincts to one (1) school district, equalizing voters by precinct and eliminating problem polling places. According to the State, census blocks cannot be_split and there ar- some blocks incorporating 2 and 3 o sch districts. The use of census tracts and the one school distnct . ion are m .irect conflict in eight (8) of the twenty (20)precincts. As a result, there are still two (2) precincts with three (3) school districts, six (6) precincts with two (2) school districts and twelve (12) with only one (1) school district. This problem, of course, makes the logistics on combined • elections more difficult, but is not something the City has any control over. New polling places include Quarry Park Shelter, Trinity Lone Oak Lutheran Church, Mt. Calvary Lutheran Church, Woodland Elementary School, St. John Neumann Church, Fire Station No. 4, Fire Station No. 5, Chapel Hill Baptist Church and Pinewood Elementary School. Six of these are added because of new precincts, while three of them replace Fire Stations 1 and 2 which were too small and the Glen Pond Estates Recreation Building which is not handicapped accessible. Precincts 2, 3, 8, 19 and 20 have polling places outside the precinct boundaries. All except 20 are basically across the street, however. Precinct 20 does meet the State requirement of being within 3,000 feet of the precinct boundary. , , S Agenda Information Memo - • March 17, 1992 City Council Meeting It appears at this time that the Federal Court's Congressional Plan will be implemented. It is the understanding of staff that Eagan has been in one Congressional District in all the plans, therefore there should be no additional impact on the City's precincts. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the precinct boundaries and polling places as presented or to modify and approve the precinct boundaries and polling places. IP • co 9-s.aa CITY OF EAGAN POLLING PLACES FOR 1992 POPULATION OVER 18 PRECINCT POLLING PLACE 1990 CENSUS 1 Pilot Knob Elementary School 1411 110 1436 Lone Oak Road 2 Quarry Park Shelter 1677 Coachman Road 3 Trinity Lone Oak Lutheran Church 1439 Highway 49 & 55 4 Cedar Elementary School 1536 2140 Diffley Road 5 Mt. Calvary Lutheran Church 2020 3930 Rahn Road 6 Cedar Grove Baptist Church 1857 1985 Diffley Road 7 Fire Administration Bldg. 1902 3795 Pilot Knob Road 8 Eagan Municipal Center 1763 3830 Pilot Knob Road 9 Woodland School 2276 945 Wescott Road 0 10 St. John Nuemann Church , 1440 4030 Pilot Knob Road 11 Northview Elementary School 1951 965 Diffley Road 12 Cedar Ridge Christian Church 1719 2024 Rahn Way 13 Rahn Elementary School 1299 . 4424 Sandstone Drive 14 Christ Lutheran Church 1948 1930 Diffley Road 15 Thomas Lake Elementary 1693 4350 Thomas Lake Road 16 Easter Lutheran Church 1967 4200 Pilot Knob Road 17 Fire Station No. 4 1597 4200 Dodd Road 18 Fire Station No. 5 1177 4701 Galaxie Avenue 19 Chapel Hill Baptist Church 1396 4888 Pilot Knob Road 20 Pinewood Elementary School 1244 4300 Dodd Blvd Agenda Information Memo March 17, 1992 City Council Meeting 411 DUPLEX LOT SPLIT/EAST BALSAM STREET B. Waiver of Plat, Ronald E. Schwartz,a Duplex Lot Split to Allow Individual Ownership of Lot 6,Block 1,Wilderness Run Sth,Northwest Quarter of Section 27—An application has been received of Ronald E. Schwartz for a waiver of plat to split ownership of 1382/1384 East Balsam Street. For additional information with respect to this application,please refer to the Community Development Department staff report which is enclosed on pages '19 through SO for your review. Please note that a condition of the lot split would be that separate utilities by provided with each unit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Ronald E. Schwartz to permit a duplex lot split to allow individual ownership at Lot 6, Block 1, Wilderness Run 5th Addition as presented. • *.94 SUBJECT: WAIVER OF PLAT - DUPLEX LOT SPLIT APPLICANT: RONALD E. SCHWARTZ • LOCATION: LOT 6, BLOCK 1, WILDERNESS RUN STH . NW 1/4 OF SECTION 27 EXISTING ZONING: TOWNHOUSE (R-2) DATE OF PUBLIC HEARING: MARCH 17, 1992 DATE OF REPORT: MARCH 9, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for a Waiver of Plat has been submitted by the owner of 1382/1384 East Balsam Street. The existing duplex meets all setback requirements and currently has only one sewer and water service to the building. Separate services to each unit will be required as a condition to authorizing the lot split. The installation of the sewer and water services will require review and inspection by the City, as well as the issuance of a permit to work within the City right-of-way. The applicant is proposing to cross Parcel A with the water service to Parcel B, wherein an easement will be required from Parcel A to Parcel B for the water service. All utility work must be completed before the City will release the resolution for the waiver to the applicant for recording with Dakota County. Approval of the Waiver will allow individual ownership. If approved, this Waiver shall be subject to the following: 1. Separate utilities shall be provided to each unit. 2. Utility work shall be completed prior to recording at Dakota County. 3. An easement from Parcel A to Parcel B is required for the water service to Parcel B. 4. The existing water service shall be turned off at the existing water main. 5. All applicable Code requirements. -- t ITT"• AO's S.t .� �r . . ■/�((/ g t'i � `" y • j „it 1 ' E�SIIR :N (1 E 1 Scc,�WWJJII I.n E •p i ci 64, FPM N m Qj yam( A,CI\ .. i fMNK �H `'��'' r o , _. © erg' I3 _. 7 E Yea , LA34; a1 ;_h ��ff i 1 . :.urv3y tor: Ron Schwartz , r 55123 155/42 3887 Worchester Drive ON Eagan, MN 55123 N W 6xiT/dG Utility Sketch 0. DELMAR H. SCHWANZ " w.»;✓� 03-09-92 LAND SURVEYORS.INC \ V .C/n/6 R.g$.4..M IMM■La+s el The Stew of Mpnhs.ob I / • 14750 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA 55068 612/423-1789 SURVEYOR'S CERTIFICATE ,,,,ci _____,_,, b (e 1 ii,S / , \ c.A5T g4Z.<4 41 Scale: 1 inch = 30 feet l5 XV/' 0 = Iron pipe monument r ��\ lti / g2vrcE Utility information from City as built �� 3tfd iu/.E 1019 y y \ ; i ;,., ;fRO• r\ plans. vKE �O-- t QIN 3s64 1 r • N W ' G/ - Proposed new services are approximate EG \� q 1, v;� / �d, / locations. 4e„,'\ ;,' Iv 3? �” 611st ,Nre Found j �o `/ /., 1.I ```�` • .so.r3 , Monument M p�l \ r I 'I 31I 1�f-�'- lt�COrner ,s I ~ `air ~ I ku• / 0, / N / ,, �S I , fi • Y 1,e) '/v LI // • / G l /a M v Rs:7,r 3,vc - ti / !.. 11 / \ N — , / / "I n ) 7 '-')\ '1 1 PARCEI. A 1) \ PARCEL A N \,� ^T o III 0 10,090 Square Feet 5,976 Square Feet • / Z. / 63./5" -71,9 5- 0 — — •Warr*EZX E y N P 1- - - 't; F_ 2 oo.0 o SE Corner Description Parcel A That part of Lot 6, block 1, WILDERNESS RUN FIFTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota lying westerly of the following described line: Commencing at the southeast corner of said Lot 6; thence west along the south line thereof 71.85 feet to the point of beginning of the line to be described; thence northeasterly to a point on the north line of said Lot 6 distant 36.13 feet west of the northeast corner of said Lot 6. Said 36.13 feet being measured along the arc of a 60.00 foot radius curve, central angle of 34 degrees 29 minutes 55 seconds. Description Parcel B That part of Lot 6, Block 1, WILDERNESS RUN FIFTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota lying easterly of the following described line: Commencing at the southeast corner of said t,ht A; thence west • along the south line thereof 71.85 feet to the point of beginning of the line to be described; thence northeasterly to a point. on the north line of said Lot 6 distant 36.13 feet west of the northeast corner of said Lot 6. Said 36.13 feet being measured along the arc of a 60.00 foot radius curve, central angle of 34 degrees 29 minutes 55 seconds. . • 1 hereby certify that this survey.plan.or report wes /-1 i prepared by me or under my direct supervision and 1 that I em a duly Registered Land Surveyor under � the taws of the Slats of Minnesota //'//4' �_ir Vii! .1'l Delmar H.Schwanz Dated 03-02-92 Minnesota Registration No.8625 6./.. . 51) . • Agenda Information Memo March 17, 1992 City Council Meeting FRONTYARD SETBACK VARIANCE/R. A. KOT HOMES/WOODLANDS ADDITION C. Variance, R.A. Kot Homes, Inc.,of 10 Feet to the Required 30 Foot Frontyard Setback Located at Lot 12, Block 4, The Woodlands in the Southeast Quarter of'Section 14—An application has been received of R. A. Kot Homes for a variance of 10 feet from the required 30 foot frontyard setback at the above-referenced location. For additional information with respect to this application, please refer to the Co unity Development Department staff report which is enclosed on pages -through SY£ Y for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for R. A. Kot Homes of 10 feet to the required 30 foot frontyard setback at Lot 12, Block 4, The Woodlands as presented. • 500".. i SUBJECT: VARIANCE • APPLICANT: R A KOT HOMES INC LOCATION: LOT 12, BLOCK 4, THE WOODLANDS P.I.D. #10-75875-120-04 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MARCH 17, 1992 DATE OF REPORT: MARCH 10, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for a 10' front yard setback Variance to the required 30' setback has been applied for by R.A. Kot Homes Inc. on Lot 12, Block 4, The Woodlands. PROPOSAL: The reason for the 10' request is the steep grade which begins approximately 47' from the property line, 60' from the back of the curb. By constructing the home at the required 30' front yard setback, there would be a 9' grade 0 differential between the lower level and the grade. To match the walkout levels to the grade, the builder is requesting a 10' Variance to the front yard setback. This would allow him to construct the home and match the grade. If approved, this Variance shall be subject to all City requirements. RRIAGE F W I1 ^ �'►=J NW 'ILLS GOLF " CEDAR STREET 'CURSE N • A LN � \ 1, 413.?GRE r CV r �•- W . - .9 ' . A (- OR• `A- ` r�OQr t �—f1 •+a Sal ♦cr _ • L Y - LA N .O \ ? '1® t# f., ‘,4 ii ' c'. 1 ' ‘4‘i?t' Rr ' is f ;tscOTT r uQoi a ie M nEw Street Map S—c:)._ R.A. Kot Homes Inc. Variance • ,. •k _ k- \ , / • 1!L \\ \ . / / .. ~ '�4 i, , - Nirsp.... • ..ff _ . .11 PROMOMr��} ° , • `--�• SIT 1• Sst 'f I 1. is 17\ / • r �..��- .. •�►. F •r i • < #1 / . /J7 ) 9 i0 11 7 ,„ SO9-� 11 '° W Np'rREE Q♦ (h I •.w fl� .. {119 11,...._ i�fl.vry M•Ire • � .. / i a ; •eX .•, N.\\,, j........:1 / II 1 1913: 00 t ' sx.1 , _ ._ ^� a. 1.1.'1\ ' • ,or fir In es 1./ • ADDITION \1/44(%, . to •,•e .,, .1`4'1 tI o/ 12 QV _ _. .. _ It 1..t1or(4 • /w•n '.111,.0. \ II! .41.-‘ • , !I I II 1 1 , Y :\/,.f,..• 1 1 • 1 ` I f I , Ir It / 1 1 . , ' • 1 ; N 1• 1 •.. 11,1: Iti''' ' - IIY:71-, .:, ' • i 53 SURVEYOR'S CERTIFICATE FLA. kOT HOMES INC. . - PROMONTORY • PLACE +sN.s e 116.S \ a 1 ..r. /e Otte O •$ EXISTING • ------1S DRIYEW( Garage 1 � 1.10 f i •i e __ __ _ _j House ,�.� 1022.1 e - f ast.o • =20 0 111; ' 12.0 �- I S W 15;4 5 114 2 . 40 N(-) o WsO4S I ...... 5100.6 O I0l>° N 0 I S I-- o 8 Ig 2 LOT 12 cy N DRAINAGE 8 UTILITY EASEMENT PER PLAT � ( / 2 l --9 no I e'. ‘` 100.00 S 89+ 13' 54" W .i �� / . .,-t 1 1 -$ 1 ,N-r p '. ...' 1 L_$ i L) scALE I I INCH * SO FEET y JarnesR4HiII, inc1 , o o � y ' M -0 PLANNERS I ENGINEERS / SURVEYORS N o m ro to 2500 W. CtY. hb. 42 i MANVILLE,MN. ss it 4.111241004044 ink Agenda Information Memo • March 17, 1992 City Council Meeting V• ' _ 41',_4 , • 4I ._L._1 ' _ j_,_ W., ) D. Variance, Stephan Homes, Inc., of 16 Feet to the Required 50 Feet Along Johnny Cake Ridge Road, Lot 50, Block 2, Mallard Park Third Addition, Northeast Quarter of Section 29--An application has been received of Stephan Homes for a 16 foot variance from the required 50 foot setback to Johnny Cake Ridge Road. For additional information with respect to this application, please rr to the Community Development Department staff report which is enclosed on pages 21.through 5_ 7 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Stephan Homes of 16 feet from the required 50 foot setback along Johnny Cake Ridge Road at Lot 50, Block 2 of Mallard Park Third Addition as presented. • SUBJECT: VARIANCE APPLICANT: MPH-AN HOMES • LOCATION: LOT 50, BLOCK 2, MALLARD PARK 3RD NE QUARTER OF SECTION 29 EXISTING ZONING: SINGLE FAMILY (R-1) DATE OF PUBLIC HEARING: MARCH 17, 1992 DATE OF REPORT: MARCH 9, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 16'Variance to the required 50' setback along Johnny Cake Ridge Road. The subject property is a vacant lot located at the NW corner of Nestling Circle and Johnny Cake Ridge Road and the proposed home cannot meet the required setback. COMMENTS: At the front setback line, the lot is 105'wide. Johnny Cake Ridge Road has a right-of-way of 100' which requires a setback equal to the half right-of-way of 50'. • Depending on the layout of the house, a setback of either 5' or 10' is required from the west property line. All required setbacks. result in a buildable area width of 45' or 50'. The proposed house width is 60'. The applicant believes the required setback will not allow a house compatible with other homes in the area. The City Council granted a setback Variance for a third garage stall at 1670 Mallard Drive in August 1990 and the applicant believes a precedent has been set with this action. If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. 2. All applicable Code requirements. 1 ♦ d . I it v _ w1 S_ (R 'y5�•r V IC., q I \ fr ))P ��W � ; E // NW . NE ,'° t r, i y \ ,tii Ser ' l PM 'n I/ .m ceN I�$�M�n I r.t KRGRLf..�`� 5t le J C sU ,,/ ..,l[}tR► ;111 ': 1F.se�7_'• % FARO( v-'r-`-�',k,; _r..AI-] Narita- Art'. : • ASE iftca cEtr% 1 i' — v 1 ; or ' oNt " . ti 5ti ovj IA 1 / qf ANC • fl " 1ED 06 56°C t15 G V. , I- ;;. —t-�d . I "f1P Fywc.v- EL.. 932. 3 5/\S` S6° f3bh6MEr-+T L. 92�} . 2 / \ / Z� / \h„,, —0 / ` . . i ice, 6 �QA� I 4,• "cl / UT ILl Y44� 4 ) - ?.gq�ti;5 j� / y '9SGMe�D / to ��.� pQ J(v 1 5O � / s-/ ,.. C� o ! S M� _ ° o H-sjA X3)n 'O ! C)12"?0 / _ ..1 / 0 ••?1\/ 'f\I .. .•.: p -SF 1 i /°�ti a �3•° __ �Sb e - A / / Q /6* °1ti �o `\ Nei►' / ti. / O� 9,084 3/. / M •.9 / / 3Z' A DO / f 00 i / 3° - ~ —r1 / .J ., �/ F�9� / 0 / 1 • as �tig 0(O.34 Ai 43"// 4z. \p • L,'l R- yr t.oco / #,9N.� (142 8° St'2 .G`Jg,� . Sp 44 l3%v 1.:///: 1>'''''''' ZSSc.91PT101s \ , .-‹C3 / l.0T go 1 M,L.oc.. - 2. N\SLL P•42..] P • 1z..v- &.A.ITc 14 c30• TN t 2b P.bb rr t ot..! , At.t BEP -1►zo5 M .UM ED DA.v.-o71'. Go J t.1-T-(1 NN.1tititE. goT4, l .bE)w1ES MADJJ MotJUAse4- I hereby certify that this survey was prepared by me or • under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date:ra,....,yto�&2 <el, /J0 REv z-z9-9Z Le oy H Bohlen / Registered Land Surveyor No. 10795 51 • Agenda Information Memo March 17, 1992 City Council Meeting • PRELIMINARY PLAT/CONDITIONAL USE PERMIT/APPLEBEE'S RESTAURANT E. Preliminary Plat, Midwest Restaurant Associates/Town Centre 70 - 12th Addition, Consisting of One Lot and One Outlot on Approximately 3.5 CSC (Community Shopping Center) Acres and a Conditional Use Permit to Allow On-Sale Liquor, 3.2 Beer or Wine, in a CSC District Located West of Town Centre Drive in the Northwest Quarter of Section 15--At its regular meeting of February 25, 1992, the Advisory Planning Commission considered an application for a preliminary plat and conditional use permit at the above- referenced location to permit construction of an Applebee's Restaurant. The item was forwarded to the City Council for consideration at its meeting of March 2, 1992 and was continued at that time at the request of the applicant. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages through 7>-for your review. Following the APC meeting, staff met with the developer relative to Condition 10 as it appears in the staff report and APC minutes. Based upon that discussion, it is recommended that Condition 10 of the preliminary plat approval be modified as r flected t in e staff memorandum which is enclosed on page S..3_ Enclosed on pages through s a copy of the Advisory Planning Commission minutes with respect to this application. The APC is recommending approval of this application. Please also note that the APC has • added a twelfth condition to those indicated in the staff report. In addition, you will find enclosed on page a copy of a memorandum from the Parks & Recreation Department indicating the recommendation of the Advisory Parks, Recreation & Natural Resources Commission with respect to this application. Please note as well that while the application includes a conditional use permit for on-sale liquor, 3.2 beer or wine, the liquor license has not yet been processed for consideration by the Council. Staff is in receipt of the license application and will process it for Council approval at such time as the construction is complete and the on-site inspection can be completed as part of the police investigation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a preliminary plat for Midwest Restaurants Associates/Town Centre 70- 12th Addition, consisting of one lot and one outlot on approximately 3.5 CSC (Community Shopping Center) acres and 2) a conditional use permit to allow on-sale liquor, 3.2 beer or wine in a CSC district west of Town Centre Drive as presented. • 5-g • SUBJECT: PRELIMINARY PLAT & CONDITIONAL USE • PERMIT ('TOWN CENTRE 70 12TH ADDITION) APPLICANT: MIDWEST RESTAURANT ASSOCIATES LOCATION: OUTLOT A, TOWN CENTRE 70 9TH ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 , DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for one lot of 1.26 acres for a Class I restaurant and one Outlot of 2.25 acres for future development. Also requested is approval of a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine, in a CSC zoning district. • EXISTING CONDITIONS: Currently the 1.26 acre site is vacant. It is located within the Eagan Town Centre development directly south of Pizza Hut, west of Town Centre Drive, lip north of Mermaid Car Wash, and east of I-35E. The surrounding properties are zoned CSC (Community Shopping Center) and the Comprehensive Land Use Guide Plan designates this area as CSC (Community Shopping Center). SITE PLAN: The site plan shows a 5,016 sq. ft. Applebee's restaurant. The total number of seats, including bar seating, is 181. There are approximately 18 seats at the bar, and 10 high top tables with four seats per table. The remaining 123 seats are restaurant seating. Total parking for the restaurant is 77 spaces. Sixty-one customer parking spaces have been • provided (two handicap stalls included) and 16 employee parking spaces. These parking spaces shall be signed and striped. Code requires 60 parking spaces for the 181 seats available. The site is serviced by two access points along Town Centre Drive and the parking lot wraps around the building. The building itself is a brick,one-story building,with signage on the east and south sides. The plans show a 13'x 35' (approx.) concrete patio area on the south side of the building which will be used at a future time as an enclosed group dining area. At that time, it will be necessary to apply for a building permit. For now it will be used as restaurant patio seating. e A Conditional Use Permit for the pylon sign is unnecessary due to the Town Centre Pylon Sign Agreement. The pylon will not exceed 125 sq. ft. or 27' in height. All setback and lot coverage requirements meet, or exceed Code requirements. The Landscape Plan provides a mixture of plant material that will blend in nicely with other Town Centre projects. PARKS & RECREATION: The proposal shall be subject to a cash parkland dedication and a cash trailway dedication. • • • • CaO GRADINGIDRAINAGE/EROSION CONTROL: This site was previously graded in 1985 • as a part of the initial development of Town Center 70, therefore, a limited-amount of grading will be required to prepare this site for the building and parking lot improvements. Staff recommends that a 3' high berm be constructed along the west property line adjacent to I-35E right-of-way. The berm will provide a buffer and screen to the proposed parking lot of this site. Drainage from this site will be conveyed to the existing storm sewer system in Town Center Drive which drains northerly to Pond DP-4 which is a pond on the City's Comprehensive Storm Water Management Plan. The preliminary grading plan shows construction of storm sewer and catch basins to drain the proposed parking lot that will connect to the existing storm sewer in Town Centre Drive. The proposed storm sewer system on the north edge of the site will require the removal and replacement of Town Centre Drive to connect to the existing 36" line in the street. The proposed driveway on the south edge of the site is shown to be constructed where two existing catch basins are located. The existing castings of the catch basins shall be replaced with a drive-over type grate that will match the concrete apron of the driveway. This development shall extend the storm sewer along Town Center Drive to the south to provide a stub to serve Outlot A. This storm sewer stub will drain the 2.3 acres of Outlot A. In addition, this development shall add a catch basin on Town Centre Drive to the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. WATER OUALITY: This commercial development is located in Drainage Basin D and will discharge stormwater to Pond DP-4, an existing nutrient basin to the north. Runoff from the site will eventually reach LeMay lake, one of the six Class I lakes whose water quality is intended to be good enough to support direct contact recreation activities. LeMay Lake does not currently meet the water quality standards set for it in the Water Quality • Management Plan. The site is too small to accommodate an on-site treatment basin so a cash dedication in lieu of ponding will be required by the city. Based on the actual amount of impervious area shown on the site plan (61%) and the size of the proposed developed area (1.3 acres), the cash dedication requirement is $10,710. That portion of the site platted as an outlot will be subject to an additional dedication when it is replatted for future development. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to the property from Town Center Drive. The preliminary utility plan shows connecting to an existing 6" PVC sanitary sewer stub by constructing a manhole at the right-of-way line over the stub. Then the 6" sanitary sewer service is shown to be extended to the proposed building. Clean-outs will be required over this 6" line in 100' intervals. • (.19 Water main of sufficient size, pressure and capacity is readily available to serve this development from an existing 8"water main in Town Center Drive. The preliminary utility plan shows connecting to an existing 6" stub and extending that line to the proposed building. The existing hydrants along Town Center Drive will provide adequate fire protection to this site. STREETS/ACCESSJCIRCULATION: The preliminary site plan is proposing two driveway openings out to Town Center Drive. The northerly opening shall match the centerline of the existing driveway opening that goes to the shopping center to the east. • Concrete aprons shall be constructed at each driveway opening as shown on the site plan. Also, the parking lot shall be constructed with concrete curb and gutter around the edge of the entire parking lot and it shall be surfaced with bituminous or concrete as per City Codes. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to final plat approval. 40 FINANCIAL OBLIGATION • Town Centre 70th 12th 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 +f.4 There are levied assessments totaling $33,28130 on the parcel, a portion of which will be platted. • • • CONDITIONS FOR TOWN CENTRE 70 12TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, Cl, C2, C4, D1, El, Fl, 01, & H1 2. The site shall provide an irrigation system. 3. The Conditional Use Permit shall be recorded with the plat at Dakota County. 4. The attached trash/recycling enclosure shall be large enough to contain the trash dumpster and recycling containers. 5. A 3' continuous berm shall be constructed along the property line abutting I-35E. 6. A building permit shall be applied, and approved, for the group dining area. 7. No further building additions may occur unless equivalent amount of parking stalls are provided. 8. All signage shall conform to the Town Centre sign agreement and is subject to the one-time fee of $2.50/sq. ft. 9. This development shall extend the storm sewer along Town Centre Drive to the south to provide a stub to serve the 2.3 acres of Outlot A. 10. This development shall construct a catch basin on Town Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. 11. The northerly driveway opening to Town Centre Drive shall match the centerline . . of the existing driveway opening to the east. • C9 , STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 110 • 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. S. Easements and Rights-of-Wav 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, pcnding , and utility easements as required by the alignrent, 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 p:nding 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. 411 ck` 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 2 . 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 rewired 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 Ouality 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 Planniag Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. coa L75 *2 a Town Centre 70 12th Addition • /` , x/.0;000 :Y. -;;;77.-.:::- -... . it ^Q 4'.1�. a.nt i 1 . I. , Fi I. j+) s, 0-' . 411•0441111 'LOCI .� • Sf ♦ . 0444•.. 00 44 Q : -,�,, 0400-• p�srWA..•__ - a•r,ac••c r. tQ 0'. •., .-- 0000 - ,. O I �— /� �•��°� 1 ^`�C] <c.i= Q '::;'` 4'444;:. Pt0 ^ �tI tt Gl'� �� RO �� _ V • N, L • I= (•:) O Jr t✓ �: ., d ,t O `�`'' Imo, •, _ :, • k 2 �' "TOWN eu,le, • ENTRE 70 _ ''" -rip 1 +:co '' li ! 00 00 ,i I • I. it I (a• C, ° , / let . ,.4. • .. .. 7' .' I I •tomtl .n�1/ ELEVEN ADD. �\ I I°, ' O c O 4: •LOCK I • iqt ■ I I t (/�• • • FRANKS s -� •.. .. �' I e�IT • ,-' •''4 , t NURSERY DUCKY/00D •'1 ••• r' . ... • `10tH\`L i° AND CRAFTS ... as, i i r ':04 • _...4•0\ SOUARE 10x741-im_1\ ' ♦ . 1 ADD. ,t` �R^ • • .H y 1 i aea . t _� 4 1004,0 ) t 1 •1 OCR I 1 r. ..00-.4. �'• I,b44t 1 ,fit. !'''-. 0000. . 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Q c,- ...e2'hi . 87 0 87..4 848.16 a 878.0 • `% �- 1 ---- IMi + ._�� / 882.0 �� t - ,,,.r•Tl�, / DP-27D _ _ ,884.5 `: e T6. 2._ I��P_5 87'8.5 @5T 6� •e • • 8 7 3.0'' i• 1 866.5 -* - 815.9 . . � - -� ';*. I I: ,,,,,, /1 "tipullr - - eii ,�P_26 4• DP-4 841 0 c-h iL A . T L.S.•7 , ..er_ , ,, or. r, .=1i.5 14• c , 1 jot i \C".tt i 4%6 -.;i p:!--4- bige'H= .pr tr I tine- Dp.26 „ 4 ! ti,,1444 el(74L;i44 , Ertl M e —_ --1 • /,•; •,00, T'* i Or 2 ' 904 ICY) = as . L:11, 1 L . ;' „....;',/, I /) rr R ' Pr. f./1P, I 1%3 11)111,,\,1 1170,4 _ I ' ' _ °I/".‘. ra B71.0 ,,y..,„ ; .,:.rte) • • :�ii. ::�.. FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF • EAGAr1 . • MEMO TO: JIM STURM, CITY PLANNER • FROM: JOHN P WINGARD, DEVELOPMENT/DESIGN ENGINEER — DATE: FEBRUARY 27, 1992 SUBJECT: TOWN CENTRE 70 - 12TH ADDITION City staff met with the developers of the Town Centre 70 - 12th Addition development on February 27, 1992, to discuss Condition #10 of the preliminary plat approval. Following is Condition #10 as shown in the staff report: This development shall construct a catch basin on Town Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. The developer feels that the Condition of adding the catch basin on Town Centre Drive to handle the flow from a future development of Outlot A is not necessary at this time. The developer feels that the two existing catch basins on Town Centre Drive that lie in the southerly driveway to the Applebee's site will handle the flow with Outlot A in its undeveloped state. The two existing catch basins will be reconstructed with a flat grate to allow the cars to drive over then and this will reduce the capacity of the existing catch Sbasins somewhat. A drainage study of this area shows that the Town Centre Drive right-of-way will produce about 2. 6 cfs that will drain to these two existing catch basins. Also, the undeveloped Outlot A will produce about 1.9 cfs during a 5-year rainfall event. The total of these two flows of 4: 5 cfs should not exceed the capacity of the two existing catch basins with the flat grate. Please modify Condition #10 of preliminary plat approval to read as follows: The future development of Outlot A of Town Centre 70 - 12th Addition shall construct a catch basin on Town Centre Drive on the north lot line extended to handle the 450 feet of street runoff that will drain from the south. A_ N‘. Development/Design Engineer JPW/7J cc: Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer 3 MINUTES ADVISORY PLANNING COMMISSION • PAGE 1 OF 2 FEBRUARY 25, 1992 TOM CENTRE 70 12TE ADDITION YIDEIBT AISTAURINT USOCIATIS . Chairman Graves opened the next public hearing of the evening • regarding a Preliminary Plat consisting of one lot and' one outlot on approximately 3.5 CSC (Community Shopping Center) acres and a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine, in a CSC district located west of Town Centre Drive in the NW 1/4 of Section 15. City Planner Sturm stated that the only concern City Staff had regarding this application was the fact that more trees are needed in the back of the lot. Mr. Sturm noted that the applicant has been very responsive and cooperative to staff concerns. Charles Bartholdi, representative of the owner of the site, reviewed the background of the application and felt that this proposal was a natural continuation of Town Centre. Bill Rust, architect for the applicant, stated that the building would have a brick exterior with rust, green and beige awnings. It would have a flat roof. Member Hoeft requested that a condition be added that requires metal screening of the ventilation equipment on the roof of the building. Member Griggs suggested that oak trees be added to the landscaping plan. Merkley moved, Hoeft seconded, the notion to approve a Preliminary Plat consisting of one lot and one outlot on approximately 3.5 CSC (Community Shopping Center) acres located west of Town Centre Drive 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 shall be complied with: Al, 81, 82, Cl, C2, C4, Dl, El, Ti, G1 & El 2. The site shall provide an irrigation system. 3. The Conditional Use Permit shall be recorded with the plat at Dakota County. 4. The attached trash/recycling enclosure shall be large enough to contain the trash dumpster and recycling containers. • 5. A 3' continuous berm shall be constructed along the property line abutting I-35E. 6. A building permit shall be applied, and approved, for the group dining area. 7. No further building additions may occur unless equivalent amount of parking stalls are provided. 8. All signage shall conform to the Town Centre sign agreement and is subject to the one-time fee of 52.50/sq. ft. 9. This development shall extend the storm sewer along Town Centre Drive to the south to prov4le a stub to serve the 2.3 acres of Outlet A. , / • PAGE 2 OF 2 10. This development shall construct a catch basin on Town • Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. 11. The northerly driveway opening to 'down Centre Drive shall match the centerline of the existing driveway opening to the east. 12. A metal screening of the ventilation equipment on the roof of the building shall be required, All present voted in favor. Markley moved, Hoeft seconded, the motion to approve a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine, in a CSC district located vest of Town Centre Drive in the NW 1/4 of Section 15. All present voted in favor. Member Hoeft left the meeting at this point. 111 111 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 6, 1992 RE: TOWN CENTRE 70 12TH ADDITION - MIDWEST RESTAURANT ASSOCIATES The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced development at their March 5, 1992 meeting and make the following recommendations to the City Council: • 1. The proposal be subject to a cash parkland dedication. 2. The proposal be subject to a cash trailway dedication. 3. The proposal be subject to a cash dedication of $10,710 to satisfy water • quality requirements. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • 1 (-11' Agenda Information Memo .• March 17, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT INDEPENDENT SCHOOL DISTRICT 196/ELEMENTARY SCHOOL #17 F. Comprehensive Guide Plan Amendment, Independent School District 196/Elementary School#17,from D-1 (Single Family) to PF(Public Facilities)a Rezoning of Approximately 15 Acres from AG (Agricultural) to PF (Public Facilities), and a Preliminary Plat Consisting of One Lot for an Elementary School Located Along the South Side of Wescott, East of Denmark Avenue in the Northeast Quarter of Section 22—At its meeting of February 25, 1992, the Advisory Planning Commission considered the above-referenced applications. This item also came before the City Council at its March 2, 1992 meeting and was continued at the request of the applicant. For additional information with respect to this item, please refer to the Community Development Department staff rooprt which is enclosed on pages through_for your review. Also enclosed on pages through is a copy of the APC minutes with respect to these applications. The APC has recommended denial of all three a, •licatio so enclosed on page ct-7 is a supp emental memorandum . om t e •mmunity Dev l9 ment Department with respect to the public hearing. Finally, enclosed on page "TY is a memorandum from the Parks & Recreation Department covering the Advisory Parks, Recreation & Natural Resources Commission recommendation with respect to this matter. Enclosed on pageSR( s a list of criteria used by ISD 196 for selection of the proposed parcel. Also enclosed on pages (0 through l Cris a prepared response by the School District to the issues raised for denial by the Advisory Planning Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive guide plan amendment for Independent School District 196/Elementary School #17 from D-1 (Single Family) to PF (Public Facilities), 2) a rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities) and 3) a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road, east of Denmark Avenue in the northeast quarter of Section 22 as presented. • • 77 SUBJECT: REZONING, COMPREHENSIVE GUIDE PLAN • AMENDMENT, PRELIMINARY PLAT, ELEMENTARY SCHOOL #17 APPLICANT: INDEPENDENT SCHOOL DISTRICT #196 CALVIN ZWIEFEL LOCATION: NE 1/4 SECTION 22 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted by Independent School District 196 requesting the following: a Comprehensive Guide Plan Amendment from D-I (Single Family) to PF (Public Facilities), a Rezoning of 15 acres from AG (Agricultural) to PF (Public Facilities), and a Preliminary Plat consisting of one lot and one • Outlot for an elementary school located along the south side of Wescott Road and east of • Denmark Avenue in the NE 1/4 of Section 22. EXISTING CONDITIONS: This 15-acre site is located south of Wescott Road, east of Windcrest Addition, and west of the Westbury Addition and park. The Windcrest Addition is zoned PD (Planned Development) with R=1 (Single Family) and R-2 (Duplex) abutting this site. Westbury Addition is also zoned PD and with Single Family use. To the north (across Wescott Road) and south of the site, the area is zoned Agricultural. The site is • guided D-1 (0-3 units/acre) by the City's Comprehensive Land Use Guide Plan. SITE PLAN: The 15-acre school site will abut Wescott Road and will take access from a newly-created north/south street. The two-story school building is 78,965 sq. ft. and is located on the eastern half of the site. This proposal is very similar to Pinewood Elementary School at Dodd Road and Diffley Road. The main entrance to the all brick building is from the south where the two parking lots are located. The visitor parking and drop-off area has 17 parking spaces and staff parking and the bus loading and unloading lane has 81 parking spaces available. A future drive/access point has been indicated on the plan to where this will occur when the north/south street off Wescott Road is developed further south. • • The plans show two fields—two softball fields and a hard/soft play surface which wraps west around the building to the north side along Wescott Road. A fence will be placed between the playing field and Wescott Road. The proposed plan meets, or exceeds all setback requirements and parking requirements. COMMENTS: The elementary school has a capacity of 775 children, ages Kindergarten through fifth grade, with approximately 30 classrooms and 40 professional teachers. The school will be open for the 1993 school year. A neighborhood meeting has been scheduled for Thursday evening, February 20, at Oak Ridge Elementary School. 410 • • r\_(* • • GRADING/DRAINAGE/EROSION CONTROL: The grading that will be required for the proposed elementary school will require cuts of 30' along the east property line and fills of up to 18' in the southwest corner of the site. The construction of the proposed street along the east property line of the site will require grading outside of the plat. At the southerly terminus of the street the grading plan shows a.24' cut. A majority of the site will be disturbed to grade this site. However, the trees along the west property line and in the northwest corner of the site are proposed to be saved. The developer shall provide the City • with a tree protection plan and specification defining their efforts to preserve trees during the construction process. The drainage plan for this development proposes to direct the runoff from this site directly to Pond JP-11. The storm sewer that will serve this site will need to be extended by this development along the south side of Wescott Road to the portion of Pond JP-11 that is on the south side of Wescott Road. Pond JP-11 is a designated ponding area in the City's Comprehensive Storm Drainage Plan. The final drainage plan shall include a catch basin at the southeast corner of the parking lot to collect the runoff from the parking lot. The 5 year flow rate in the parking lot at this point is approximately 4 cfs and this is a maximum runoff allowed along the curb. The catch basin shall be located on the upstream side of the future driveway opening that will be constructed when the street is extended to the south. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Special care • shall be taken to minimize erosion from this site into Pond JP-11. WATER Ot'ALlTY: The elementary school development will be located in the lower reach of drainage basin J. Stormwater runoff from the site will be discharged first to Pond JP- 11.1, a nutrient trap just south of Wescott Road. After flowing through two other intervening ponds, the water will be discharged to Fish Lake. Fish Lake is designated a Class I direct contact recreation lake but does not currently meet the water quality standards necessary to support all desired uses. The City will accept a cash dedication in lieu of on-site ponding to meet water quality treatment needs. Using the methodology outlined in the water quality management plan, the cash dedication for this development is: 0.41 acres x $23,805/ac. for schools = $ 9,760 1.32 ac. ft. x 1,613 cu. yds. x $2/cu. yd. = $ 4,750 TOTAL $ 14,510 UTILITIES: The preliminary utility plan proposes to construct an 8" sanitary sewer line from the intersection of Windcrest Avenue and Denmark Avenue to the northeast to serve the proposed school. The sanitary sewer construction will require street removal and replacement of Windcrest Avenue and Denmark Avenue and also the sewer line will cross through lots along the east side of Denmark Avenue along the north side of the Williams Brothers pipeline. The existing 8" sanitary sewer in Windcrest Avenue and Denmark • Avenue have sufficient capacity and depth to serve the proposed school. The preliminary utility plan does not propose to construct any sanitary sewer in the proposed street along the east property line. When the property to the east develops, then sanitary sewer will need to be constructed in the east boulevard of the street to serve that property. Watermain of sufficient size and capacity is readily available to serve this site from the existing 12" trunk watermain in Wescott Road. The preliminary utility plan proposes to connect to the 12" watermain in Wescott Road in two locations and then loop a proposed • . 8"watermain through this site and around the building to provide adequate fire protection and water supply to the school. The final utility plan shall include water services to the property to the east of the proposed street to serve the future lots along the east side of the street. STREETS/ACCESS/CIRCULATJON: The preliminary site plan shows a street to be constructed in the northeast corner of the site that would connect to Wescott Road. The street would extend to the south for approximately 400' and the street would be a publicly maintained street built to City standards. At the southern terminus of the proposed street is where the school's driveway would connect. Due to the rolling terrain in this area some fairly steep slopes are necessary to serve the school. The proposed street will have a section of 8% street grade and the proposed driveway to the school off of the street will have a section of 6% slope. The intersection • of the proposed street with Wescott Road is shown to be located at a section of Wescott Road that has a 5.68% slope. The proposed street shall be constructed to a 36 foot wide face to face width with concrete curb and gutter. Also, concrete valley gutters shall be added at the intersection of Wescott Road and where the driveway will connect to the proposed street. EASEMENTS/RIGHT-OF-WAY/PERMITS: A 60 foot wide right-of-way is proposed for the street along the east edge of the site as shown on the preliminary plat. Since Lot 1, Block 2 of this addition will not have sanitary sewer service provided to it, the lot shall be platted as an outlot. This development shall be responsible for ensuring that all regulatory agency permits are acquired in a timely manner. The construction of the sanitary sewer line in the easement of the Williams Brothers Pipeline will require a permit to be obtained from Williams Brothers. Also, an easement will be needed for the sanitary sewer line as it crosses through the lots along the east side of Denmark Avenue. The grading work that will be performed outside of the plat along the east property line will require a slope easement from the adjacent property owner. Also, the grading that will be performed in the Williams Brother Pipeline will require a permit from that agency. • PARKS & RECREATION: The proposal is not subject to parks dedication.However Public Facilities are obligated to pay toward trails dedication;the amount for this project is$12,810. Staff has concerns regarding tree preservation on this project. There are many mature oak trees. Staff has determined with minimal changes to the grading plan, utilizing minimal height retaining walls or realigning facility locations, many of these trees could be saved. Staff is recommending that the applicant submit a tree protection plan and tree specific preservation revisions to the City prior to Final Plat. FINANCLAL OBLIGATION • Wescott School 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 P.F. $2,470/acre 14 ac. S 34,580 Charge Lateral Benefit P.F. 9.95/ff 691.07 ff 6,876 • Water Trunk Storm P.F. .104/sf 609,840 sf 63,423 Sewer Trunk Storm S.F. .069/sf 21,780 sf L503 Sewer • Total ;106382 There are levied assessments totaling $136,988.92 attached to the parcels, a portion of which will be platted. • CONDITIONS FOR ELEMENTARY SCHOOL #17 1. Thees standard conditions of plat approval as adopted by Council action on July J 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, C3, C4, C5, D1, El, F1,.G1, & H1 2. The applicant shall submit a tree protection plan and tree specific preservation revisions to the City prior to Final Plat. 3. The storm sewer that will serve the site shall be extended to Pond JP-11 by this development. 4. A catch basin shall be added to the southeast corner of the parking lot on the upstream side of the future driveway. 5. This development shall be responsible for providing a cash dedication of$14,510 to meet water quality treatment needs. 6. The final utility plan shall include water services to the property to the east of the proposed street to serve the future lots along the east side of the street. 7. The proposed street along the east property line of the site shall be a public street built to City standards. 4111 8. Proposed McCarthy Drive is to be constructed to 36 foot wide, face of curb to face of curb. 9. Since the proposed 60 foot wide right-of-way is insufficient to accommodate the proposed sidewalk along McCarthy Drive,the development is required to construct the proposed sidewalk on school property. • • • STANDARD CONDITIONS OP 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 Riobts-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. ? . 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. • STANDAPD CONDITIONS OF PLAT APPROVAL PAGE TWO 410 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 2 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame re-. fired 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 Quality 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 Boning 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 y�� . o ., a t. — . -1r,.w1 goof V_ :11 1 , �J - , rfi%N!j-i,IJJ� u"• '�� N I MMr'I t I ./J KIK-I6iii ,.. c,,- � ' n1 �� ' col 1 SE 1 1 4 in/ 19. I . �1 • I Ig •14 a MWRK i r� lee .53 t-•it 1 "i j-.. to • _ C SrM t r ._ . .. -�.: b :, �: g EICAIV Mtnclrl i L� G ' �n LOCATION wwnCIPAL T' sin Ill S kV I S1R ICI J ~rt 4:::,114, - V I •f:' A/961 mt., ( J \ MI : A '. �� `:=: 'n:II!1 F2•4 i 1 ;, I'':.c _I,41:x. R.3 , '1, LR-{ i -a 6- - 1- -\ f=-� \• r►.:.m..,w . - ZONING . , (� L l _,� �M.. , F i •I «at.L I T-31= t _ 1,1/4 1 PP •'• .,.M 1 R I _lii inlu rY= .11, _= 0 c, .I1n�,I . �d1 �,r 1.-�1 , . ..../.. . i.. . 11 �� 1 -I If irea/I • 1 LL V11 ✓cp ' EH., 1. 1 �``. V •ISCUII PF NI'. •ISIfII 141 i- J 1 !1 PF � CQ Oi —„.......i ...._ GUIDE PLAN U _ . i Fi 4...... - - - • O .� It. PA—.1 0-1 • N r C , 4 i: 0 . . • -- S * ti.:71,„ 1 ..- - o ? (° 2 611 W wog.. 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I a ;dd, 1 1149 r , a.9. •r RICK ;: re-2 t: *OP .' 4•,„ �' O. r KLAN 60!�,(�' , f PARK . . i4 lf5.G FIGURE No. 17 STORM SEWER LAYOUT • _ MAP . . • • CITY OF �... EAGAF< 95 ) 4r MINUTES ADVISORY PLANNING COMMISSION PAGE 1 of 3 FEBRUARY 25, 1992 IND!PEWT)UT BCBOOL DISTRICT 1!6 Chairman Graves opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from 0-1 (Single Family) to PF (Public Facilities) , a Retuning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities) , and a Preliminary Plat consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in the NE 1/4 of Section 22. City Planner Sturm stated that this application meets all public facilities zoning requirements. He stated that the school district has revised their original site plan to significantly increase the number of trees that will be saved. A neighborhood meeting was held and residents discussed their concern regarding the loss of trees, buffers, and child safety. Rick Linear, a representative of I.S.D. /196, stated that he was there to anvwPr any cpient i nns. Rick Eller was concerned about the tree loss. He was also concerned with children walking to and from school through the open area. Dan Fashion felt there was not enough buffer between the school and the single-family homes to the west. He suggested moving the school 100 feat to the east. Sob Colhotz raised his concern that the school would raise the noise pollution in the area. He also questioned what McCarthy Drive would eventually be connected to. City Planner Sturm answered that McCarthy nrive would connect with Denmark Avenue. Mr. Linear stated that moving the school to the south was not feasible because of the Williams Pipeline. Moving the school to the east would also cause a problem because there is a severe slope in that area and it is heavily wooded and would cause the loss of more trees. Mr. Linear felt that there was adequate buffer to the east. Member Nerklcy stated that he did not like to see this beautiful piece of land leveled when there was a flat piece of land with few trees located near Lexington Avenue and Wescott Road that could be used for the school site. Member Griggs also commented that this particular piece of land is very beautiful and encouraged the school district to find another piece of land to build the school on. Mr. Linear stated that the school district choose this particular site very carefully. He stated that the potential school site had to meet certain criteria Some of the c:riLeria are: 1) the school had to be located where the children were and the need was greatest; 2) must be a sloped site because the school proposed is a two-story; and 3) should not be located by an intersection. PAGE 2 of 3 • Cal 2weifel, a representative of I.S.D. 0196, mentioned that the school district needs this fourth elementary school by the fall of 1993. He questioned why the City was just now informing the school district that they did not approve of this site. He further stated that they preferred not to locate on a flat piece of land because it would not be economically advantageous as a sloping piece of land would be. Chairman Graves commented that he opposed this site when another suitable piece of land was available. Member Griggs felt that this development would have a major impact on the environment in this area and could not support this application. Member Gorman also stated that he can not approve this application. Griggs moved, Merkley seconded, the motion to deny a Comprehensive Guide Plan Amendment from D-1 (Single Family) to PF (Public Facilities) consisting of one lot for an elementary school * located along the south side of Wescott Road and east of Denmark Avenue in the NE 1/4 of Section 22. All present voted in favor, except Hunter who opposed. Approved 4-1. Griggs moved, Merkley seconded, the motion to deny a Rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities) consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in • . the EL 1/4 of Section 22. • All present voted in favor, except Hunter who opposed. Approved 4-1. Griggs moved, Merkley seconded, the motion to deny a Preliminary Plat consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in the NB 1/4 of Section 22, 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, 82, 83, Cl, C2, C3, C4, C5, 131, El, Fl, G1 i 81 • PAGE 3 of 3 2. The applicant shall submit a tree protection plan and tree specific preservation revisions to the city prior to Final Plat. 3. The store sewer that will serve the site shall be extended to Pond JP-11 by this development. 4. A catch basin shall be added to the southeast corner of the parking lot on the upstream side of the future driveway. 5. This development shall be responsible for providing a cash dedication of $14,510 to meet water quality treatment needs. 6. The final utility plan shall include water services to the property to the east of the proposed street to serve the future lots along the east side of the street. 7. The proposed street along the east property line of the site shall be a public street built to City standards. U. Proposed McCarthy Drive is to be constructed to 36 foot wide, face of curb to face of curb. 9. Sinoe the proposed 60 foot wide right-of-way is insufficient to accommodate the proposed sidewalk along McCarthy Drive, the development is required to construct the proposed sidewalk on school property. All present voted in favor. The reasons for denial are as follows: 1. Concern for the safety of children walking to and from school through the open areas. 2. The loss of trees. 3. Not compatible to the physical characteristics of the area. 4. Aesthetics. • MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RLTNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: FEBRUARY 27, 1992 RE: ELEMENTARY SCHOOL #17 At the February 25 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment from D-1 to Single Family and the Rezoning of 15 acres from Agricultural to Public Facilities for Ind. Sch. Dist. 196, Elementary School #17, were denied 4/1. The Preliminary Plat was denied unanimously. The location is along the south side of Wescott Road, just east of Denmark Avenue. There were six to ten residents in attendance, some from the Westbury Addition to the east. They were not included in the 350'notice area and as a result, they were not notified at a neighborhood meeting held on February 20. The major concern expressed by the residents and the Commission is the amount of tree loss and • grading necessary for the proposed use. The two-story, 80,000 sq. ft. building would be very similar to the Pinewood Elementary School by the Autumn Ridge Addition. Calvin Zweifel state i that the school district needs this elementary school by the fall of 1993. The district has begun condemnation proceedings on this property, although they are still trying to negotiate a transaction. If you would like additional information on this item, please contact me. City Planner JS/js • MEMORANDUM 40 TO: TOM HEDGES, CITY ADMINISTRATOR Y FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 6, 1992 RE: INDEPENDENT SCHOOL DISTRICT #196 ELEMENTARY SCHOOL #17 The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced development at their March 5, 1992 meeting and make the following recommendations to the City Council: 1. The proposal be subject to a cash trails dedication. 2. The School District evaluate and submit to the City, prior to Final Plat, tree specific preservation revisions. • 3. The proponent submit a tree protection plan to the City prior to Final Plat. 4. The development be subject to a cash dedication of $14,510 to satisfy water quality requirements. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide Cal Zweifel, I.S.D. #196 411 INDEPENDENT SCHOOL DISTRICT 196 14445 DIAMOND PATH ■R. J. REHWALDT ROSEMOUNT, MINNESOTA 55068-4199 SUPERINTENDENT 12) 423-7749 AX (612) 423-7787 March 12, 1992 Mr. Tom Hedges, City Administrator • City of Eagan Municipal Building 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges, On behalf of the school board of Independent School District 196, I am enclosing the materials which we will review with you at the city council meeting on March 17. If the proposed site is deemed unacceptable and we have to relocate our school, it will probably mean that we will not be able to open elementary school #17 on time for school to begin in the fall of 1993. The attached materials provide background information about why we chose the site and provides specific information in response to the concerns of the Planning Council. We look forward to talking with you on Tuesday. If you have any questions, please feel free to give me a call. Sin erely, .'lr R.J. Rehw. Superintendent Enclosures Eagan/9 • 196 SERVING APPLE VALLEY, BURNSVILLE, COATES, EAGAN, INVER GROVE HEIGHTS, LAKEVILLE, ROSEMOUNT, EMPIRE TOWNSHIP AND VERMILLION TOWNSHIP INDEPENDENT SCHOOL DISTRICT 196 ROSEMOUNT, MINNESOTA 55068-4199 • CRITERIA FOR SELECTION OF SCHOOL SITE FOR THE 17TH ELEMENTARY SCHOOL • THE LOCATION OF CURRENT AND 5 YEAR PROJECTED STUDENT GROWTH REQUIRED THAT THE SITE BE LOCATED BETWEEN WOODLAND AND DEERWOOD ELEMENTARY SCHOOLS AND NORTH OF NORTHVIEW ELEMENTARY SCHOOL. • THE SITE NEEDED TO BE 15 ACRES. • THE SITE HAD TO ACCOMMODATE THE SAME SCHOOL PLAN AS THE THREE PREVIOUSLY • CONSTRUCTED SCHOOLS IN ORDER TO MEET THE GOAL OF OPENING THE SCHOOL BY THE FALL OF 1993, IN ORDER TO ACHIEVE A SUBSTANTIAL SAVINGS OF DOLLARS AND IN ORDER TO REPLICATE A PROVEN AND EFFECTIVE SCHOOL DESIGN. • • THE SITE SHOULD HAVE THE POTENTIAL FOR A NUMBER OF STUDENT WALKERS AND BE SAFE WITH MINIMAL HIGHWAY CROSSING. • THE SITE NEEDED TO BE COST EFFECTIVE AND REASONABLE IN THE AREAS OF PURCHASE, ROAD ACCESS, UTILITIES AND DEVELOPMENT. • Sagtt/1? EI nW SiarJ3-12.92 LSD 196 Wad and Deaip INDEPENDENT SCHOOL DISTRICT 196 ROSEMOUNT, MINNESOTA 55068-4199 'THE REASONS GIVEN FOR DENIAL: 1. CONCERN FOR THE SAFETY OF CHILDREN WALKING TO AND FROM SCHOOL THROUGH THE OPEN AREAS. • 2. THE LOSS OF TREES. .3. NOT COMPATIBLE TO THE PHYSICAL CHARACTERISTICS OF THE AREA. 4. AESTHETICS. • s ttpt/77m Element y Site/3 12.92 ISD 196 Wards d Dcai'n t/c) k Response To Reasons For Denial Of Elementary School Site By Eagan Planning Commission 1. The students will most likely not walk to school through the open areas. They would need to walk on the path along Wescott and since it is not cleared of snow at the present time the fa students will probably be bussed until the area south of the school is developed at which time they will become walkers. The students south of the school site will also be walkers. A concern was expressed at the planning commission hearing about students walking past a pond with steep grades. We have several schools located near ponds with students walking past steep grades and have never had a problem (Woodland,Pinewood and Oak Ridge). 2. We will do our best to preserve as many trees as possible and at the request of city staff we will plant new trees to replace many of the ones removed. We have already responded to the concerns of city staff by shifting the site plan to preserve more trees. We also have agreed to take measures to preserve individual trees by use of retaining walls, etc. Whether the area is developed as a school site or a housing develoment, some trees will need to be removed. We believe the difference will be insignificant. 3. We believe an elementary school is compatible to the physical characteristics of the area. We have had to locate many of our Eagan schools on varying elevations (Deerwood, Woodland Oak Ridge and Dakota Hills). We believe we have successfully adapted school facilities to sites with varying elevations. We do not plan to flatten the site but will have several different surface levels. Our elementary school prototype was created as a result of the need to adapt to varied elevations. Use of this prototype saves us considerable money. 4. The minutes state "aesthetics" as a reason for denial and several commission members described the site as beautiful. A beautiful site can be complimented by a beautiful school facility. A beautiful school facility can compliment a beautiful residential area (Deerwood, Woodland and Pinewood). We don't believe the aesthetics of the area would be diminished by a school facility significantly more than by 20 houses and the necessary streets. Supt/17th FYmeaury Sitel-12.92 LSD 196'Iced tad Deig �� y Agenda Information Memo 4) March 17, 1992 City Council Meeting £DMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT DEERWOOD PONDS/TWIN CITIES PROPERTIES G. Comprehensive Guide Plan Amendment, Deerwood Ponds/Clarence Kemp & Twin Cities Properties, from D-III (Mixed Residential) to D-1 (Single Family), a Rezoning of Approximately 17 Acres from R-3 (Townhouse),within the Knob Hill Planned Development, to an R-1 (Single Family) District, and a Preliminary Plat Consisting of 28 Lots Located Along the North Side of Diff ley Road,West of Pilot Knob Road in the Southeast Quarter of Section 21--At its regular meeting of February 25, 1992, the Advisory Planning Commission considered the above-referenced applications for Deerwood Ponds Addition. For additional information with respect to this application, please,rer to the cobnmunity Development Department staff report which is enclosed on pages [0 hrough / for your review. Also enclosed on pages ((1 through 12.0 is a copy of the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval. Please note that the APC has added a Condition 12 to those found in the staff report. The additional condition is relative to the property's outlots. Also included on.pages )Z through .j2.4-arrmemoranda from the Parks & Recreation Department relative to the Advisory Parks, Recreation and Natural Resources Commission recommendations with respect to this application and the water quality requirements for the plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive rehensive P guide plan amendment for Deerwood Ponds/Clarence Kemp&Twin Cities Properties,from D-III (Mixed Residential) to D-1 (Single Family), 2) a rezoning of approximately 17 acres from R-3 (Townhouse) within the Knob Hill Planned Development to an R-1 (Single Family) district and 3) a preliminary plat consisting of 28 lots located along the north side of Diffley Road, west of Pilot Knob Road as presented. A ,f; I \O) SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY PLAT • (DEERWOOD PONDS ADDITION) APPLICANT: TWIN CITIES PROPERTIES LOCATION: OUTLOT D, KNOB HILL OF EAGAN SE 1/4 OF SECTION 21 . EXISTING ZONING: PLANNED DEVELOPMENT TOWNHOUSE (PD/R-3) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from D-III (Multiple Residential, 6-12 units/acre) to D-I (Single Family Residential, 0-3 units/acre),a Rezoning of approximately 17 acres from PD/R-3 to a straight R-1 (Single Family Residential) removing the Planned Development zoning, and a Preliminary Plat consisting of 28 Single Family lots. The site is located north of Diffley Road (County Road 30) and west of Pilot Knob Road (County Road 31). BACKGROUND: The site is part of the Knob Hill Planned Development that was created on August 3, 1982 and allowed for mixed commercial and residential uses that included 198,100 sq. ft. of office/commercial and 153 units of high density residential. Since its creation, three of the fifteen commercial lots have been developed and 23 townhouse units have been built as part of Knob Hill of Eagan. EXISTING CONDITIONS: The site lies south of existing homes in Engstrom's Deerwood Addition, west of Knob Hill Professional Park, north of Diffley Road, and east of undeveloped Agriculturally-zoned land. The site contains a number of natural wetlands. In particular is a large ponding area on the northeast side of the site. The site is rolling with slopes ranging from moderate to severe. The site vegetation is a mixture of mature and secondary woodlands. COMMENTS: Knob Lane will be extended north and west through the plat and end as a stub street that will provide future access to the undeveloped Agricultural property to the west. Two outlots will be platted to accommodate private streets that will allow a lot layout which is sensitive to the existing conditions. \,04 The R-1 zoning district requires an 85' minimum lot width on public streets at setback and a minimum lot size of 12,000 sq. ft. The lots range in size from 12,215 sq. ft. to 50,867 sq. ft. The median lot size is 17,723 sq. ft. As proposed,all lots with frontage to public right-of- way meet, or exceed, the City performance standards of lot width and area. However in an effort to be as site sensitive as possible, the developer has included seven lots that have access to public right-of-way via private roads. Three lots have a "stovepipe" lot configuration. The City Code requires a minimum width of 50' for the stovepipe access point. The applicant is seeking a Variance of 20' from this requirement for Lots 5 and 6, B ock 4, and a 30' Variance for Lot 8, Block 3. Additionally, a Variance from the code requirement for concrete curb and gutter for a private road serving more than four homes • is requested. The applicant believes an asphalt curb would provide the necessary delineation arid run-off routing. This Variance is being asked for only Outlot B. There will be a homeowners' association to maintain the private streets. The developer plans to have a limited number of builders. Because all lots will be custom graded, the developer has interviewed a number of builders and has narrowed the field down to three who they believe will accommodate the site's unique characteristics. Tree preservation should be achieved with a physical barrier. Protection of trees to be saved during site grading shall be enclosed with snow fencing or other suitable material. Also, boulevard trees will be allowed 7' from the back of the curb. PARKS & RECREATION: The Parks & Recreation staff will be recommending to the Advisory Parks, Recreation and Natural Resources Commission at its March 5 meeting that this proposal be subject to cash parkland and trail dedication. • • GRADING/DRAINAGE/EROSION CONTROL: This development incorporates a section of land with considerable variations in topography with the maximum elevation differentials 111 of approximately 50 feet. The grading plan incorporates several ponds or wetlands which will be storm water ponds and water quality treatment ponds. The developer intends to perform a limited amount of grading on this site. The grading will be limited to the public and private street construction. The grading required to construct the streets shows a maximum cut of 14 feet and a maximum fill of 4 feet. The preliminary grading plan does not show grading of the lots for house pads. The grading required for the houses will be done on an individual basis with special care taken to save the trees. The preliminary grading plan is proposing to construct two 5 foot high retaining.walls along the southeast corner of the site to protect an area of trees along the private driveway. The developer will be required to submit engineering documentation for staff review and approval for the proposed retaining walls. The preliminary drainage plan proposes to direct the runoff from this site to the ponds and wetlands included on this site. The City's Comprehensive Storm Water Plan identifies only one pond on this site and it is designated as Pond BP-27. The preliminary grading plan shows the construction of a private street from Knob Lane to the northeast that will divide Pond BP-27 into two ponds. The pond located on the east central portion of the site and on the south side of the private street shall be designated as Pond BP-27. It receives runoff from the existing Knob Hill Professional Park development to the east and the existing portion of Knob Lane. An outlet shall be provided for Pond BP-27 that will drain to the north. The pond located on the north central portion of the site and on the north side of the private street on Outlot B shall be classified as Pond BP-27.1. Pond BP-27.1 currently has a 12" outlet pipe that drains to the north through the Engstrom's Deerwood Addition. Pond BP-27.1 receives direct runoff from a 2-acre area along Deerwood Path in Engstrom's Deerwood Addition plus the outlet for Pond BP-27. The drainage from the portion of Knob Lane proposed to be constructed with this development shall be conveyed to a wetland to the west of Knob Lane which will be classified as Pond BP-27.2. An outlet for Pond BP-27.2 shall be constructed to the east to Pond BP-27.1. The preliminary drainage plan shows the removal of approximately 130' of existing 24"storm sewer along the east side of the existing portion of Knob Lane. The 24" storm sewer shall be relocated to the lot lines that will fit the platting of this site and the storm sewer will be extended to the NWL of Pond BP-27. The final grading plan shall show all building types of the proposed houses and the elevations of the first floor and lowest entry levels of each house for each lot. The elevations of the lowest entry level of houses around the ponds shall be 3' above the high water level. The development shall be responsible for installing and maintaining erosion control • measures in accordance with the City's Erosion/Sediment Control Manual Standards. - WATER QUALITY: This single-family residential development is located in the lower reach of Drainage Basin B. Runoff generated by the proposed development will eventually reach Blackhawk Lake approximately 1 mile down drainage. Blackhawk Lake is one of six lakes designated as a Class I Direct Contact Recreation water body in the City's Water Quality Management Plan and does not currently meet the water quality standards set for it. The proposed development contains all or part of several existing wetlands on-site. The City's Water Quality Management Plan identifies two ponds on this site. The most significant is Pond BP-27, a 2.1 acre pond classified as a nutrient trap in the City's Water Quality Management Plan. Pond BP-27.1 lies along the north border of the basin and is classified as a sediment basin. Pond BP-27.1 contains two cells with a small earthen dike in between the two cells. In addition, one other small wetland lies near the western edge of the site which shall be designated as Pond BP-27.2. All wetlands will remain intact and will receive some stormwater runoff from the development. Over 3 acres of the proposed development is already occupied by ponds, so construction of an additional on-site pond to treat runoff is not feasible. However,water quality treatment requirements will be met by raising the normal water level of Pond BP-27 to elevation 886.75 by increasing the wet storage volume of the south cell of BP-27.1 by 0.75 acre-feet. In addition, the developer shall install a skimmer on the outlet of Pond BP-27. J['ILITIES: Sanitary sewer of sufficient size, capacity and depth has been provided to this site from Knob Lane and from an existing 27" trunk sanitary sewer that runs along the west side of this site. Water main of sufficient size, pressure and capacity is available to serve th::s development from the existing 6" water main in Knob Lane and also from a 6" water main stub that was provided to the northeast corner of this site from the Knob Hill Professional Park development. The preliminary utility plan shows extending sanitary sewer and water main in Knob Lane and the private streets and these lines will all be publicly maintained. Sanitary sewer and water main services were not provided to the proposed lots along the east side of the existing section of Knob Lane. Therefore, the developer will be providing services to these lots by open cutting Knob Lane or by extending sanitary sewer and water main along the east boulevard of Knob Lane. The final utility plan shall be revised to show water main services connecting only to 6" water mains that are looped, or 6" water mains that have hydrants on the end of the lines to avoid stagnant water from being provided to the house. STREETS/ACCESS/CIR ULATION: Access from this site will be provided from Knob Lane which is a 700 foot long street that is publicly maintained. Knob Lane connects to Diffley Road and it has full access with a left-turn lane to Diffley Road. The preliminary site plan shows extending Knob Lane to the north and then to the west for a distance of approximately 700 feet where a temporary cul-de-sac will be constructed. The preliminary iosit,: plan also shows two private streets that will be extended off Knob Lane to the east to serve Iots in the wooded areas around Pond BP-27. No access is being proposed off Diffley Road for the lot that abuts Diffley Road. City staff • recommends that a concrete valley gutter shall be constructed across Knob Lane at the intersections where the private streets will connect to Knob Lane. RIGHT-OF-WAY/EASEMENTS/PERMITS; The section of Knob Lane that will be built with this project will require a 60 foot right-of-way plus an easement for the temporary cul- de-sac at the west end of this site. This development-shall dedicate all easements necessary for the sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. The proposed ponds shall have easements dedicated over them up to the high water level of the ponds. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, MN Dept. of Health, MN DNR, Dakota County Highway Department, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - Deerwood Ponds Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit S.F. $17.25/ff • 617.33 ff ;10.649 Sanitary Sewer There are levied assessments totaling $12,432 attached to this parcel. • CONDITIONS FOR DEERWOOD PONDS ADDITIONS: • 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, C3, C5, El, Fl, G1, & H1 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A Variance from the concrete curb and gutter requirements for a private street shall be approved. 4. A Variance to the widths of the stovepipe lot access shall be approved. 5. Tree preservation should be achieved with a physical barrier prior to any site grading. 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. The developer will be required to submit engineering documentation for staff review and approval at the time of final platting for the proposed retaining walls. 1110 8. An outlet shall be provided for Pond BP-27 that will drain to the north to Pond BP-27.1 and the outlet shall contain a skimmer. 9. The storm water drainage from proposed Knob Lane shall be conveyed to Pond BP-27.2 and an outlet for Pond BP-27.2 shall be constructed to drain the pond to Pond BP-27.1. 10. The final grading plan shall include a development plan that shows the building type and first floor elevation of the proposed house for each lot. 11. To meet the City's water quality treatment requirements, the NWL of Pond BP-27 shall be raised to elevation 886.75 and the south cell of Pond BP-27.1 shall be excavated to increase the wet storage volume by 0.75 acre feet. • \ C•j\ • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations • 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' 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, g �N ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development 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 ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, 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. \ \ I-3 • 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 Quality 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. 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OF EAGAN a MINUTES ADVISORY PLANNING COMMISSION PAGE 1 OF 2 FEBRUARY 25, 1992 DEERWOOD PONDS - CLARENCE KEMP i TWIN cirxl98 PROPERTIES Chairman Graves opened the last public hearing of the evening regarding a Comprehensive Guide Plan Amendment from D-III (Mixed Residential) to D-1 (Single Family) , a Rezoning of approximately 17 acres from R-3 (Townhouse) within the Knob Hill Planned Development to an R-1 (Single Family) district and a Preliminary Plat consisting of 28 lots located along the north side of Diffiey Road, west of Pilot Xnob Road in the SE 1/4 of Section 21. City Planner Sturm stated that lots will be individually graded and that the applicant has done an excellent job of saving as many trees as possible. City Staff felt that this was an excellent and well-designed plan. Clarence Kemp, the applicant, stated that they have narrowed their builders dews to two and that the development will be handled in a professional manner. Brian Johnson, a representative of the applicant, explained the application and mentioned that one of their goals was to save the trees and preserve the wetlands. Mark Strobel, speaker for the Deerwood Homeowners Association, stilted that the homeowners association supports the rezoning. Janet Magneson also stated that she was happy with the rezoning. ShA stated that she would like the current topography to stay the 0 same as much as possible. Steve Brosenut raised some concerns regarding the dredging of the pond and water quality. Member Griggs stated that he supported this development. Chairman Graves also stated that he supported this development. Gorman moved, Griggs seconded, the motion to approve a Comprehensive Guide Plan Amendment from D-III (Mixed Residential) to D-1 (single Family) consisting of 28 lots located along the north side of Diffley Road, west of Pilot Knob Road in the SE 1/4 of Section 21. All present voted in favor. Gorman moved, Hunter seconded, the motion to approve a Rezoning of approximately 17 acres from R-3 (Townhouse) within the Knob Hill Planned Development to an R-i (Single Family) district consisting of 110 PAGE 2 OF 2 28 lots located along the north side of Diffley Road, west of Pilot Knob Road in the SE 1/4 of Section 21. All present voted in favor. City Attorney Dougherty requested that condition f2 be amended to include, ". . .association incorporation bylaws and covenants. . ." Mr. Dougherty also requested that a condition be added that requires the outlets to be transferred to the homeowners association before filing of the Final Plat. Gorman moved, Hunter seconded, the motion to approve a Preliminary Plat consisting of 28 lots located along the north side of Diffley Road, west of Pilot Knob Road 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, Bi, B2, 84, Cl, C2, C3, C5, El, Ti, G1 & H1 2. A copy of the homeowners' association incorporation bylaws and covenants shall be submitted to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A Variance from the concrete curb and gutter requirements - --- - for a private street shall be approved. ---4. A Variance to the widths of the stovepipe lot access shall be approved. 5. Tree preservation should be achieved with a physical barrier prior to any site grading. 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. The developer will be required to submit engineering documentation for staff review and approval at the time of final platting for the proposed retaining walls. 8. An outlet shall be provided for Pond BP-27 that will drain to the north to Pond 8P-27.1 and the outlet shall contain a skimmer. 9. The storm water drainage from proposed Knob Lane shall be conveyed to Pond BP-27.2 and an outlet for Pond BP-27.2 shall be constructed to drain the pond to Pond BP-27.1. 10. The final grading plan shall include a development plan that shows the building type and first floor elevation of the proposed house for each lot. 11. To meet the City's water quality treatment requirements, the NWL of Pond BP-27 shall be raised to elevation 886.75 and the south cell of Pond BP-27.1 shall be excavated to increase the wet storage volume by 0.75 acre feet. 12. The outlots shall be transferred to the homeowners' association before filing of the Final Plat. • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR tFROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 6, 1992 RE: DEERWOOD PONDS ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their March 5, 1992 meeting and make the following recommendations to the City Council: 1. The proposal shall be subject to a cash parkland dedication. 2. The proposal shall he subject to a cash trails dedication. • 3. The developer shall submit a tree protection plan, which denotes woodland masses by general size and type. The plan shall indicate tree protection fencing area for the initial custom grading. The plan shall be prepared, reviewed and approved by staff prior to final platting. 4. The developer shall provide tree protection fencing for each lot to be reviewed and approved by City staff at the time of building permit application. 5. The issue of Water Quality he tabled until more information is obtained by staff relative to this issue. **Note: The water quality issue will he discussed by the City and developer on Friday, March 6. A follow-up memo will he provided to the City Council by Rich Brasch relative to the water quality dedication requirements so these recommendations can be included within the development agreement. 14:V:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • 411 1 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR & CITY COUNCIL ROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 11, 1992 RE: DEERWOOD PONDS ADDITION; WATER QUALITY REQUIREMENTS The developer and staff have again met to review how water quality requirements for this Addition can best be met. This issue had not been resolved at the time of Advisory Park, Recreation and Natural Resource Commission meeting, pending calculations of the watershed, etc. Staff is recommending that the water quality requirements be met through on-site enlargement of two ponds; one for approximately 3/4 acre feet, the other approximately 1/4 acre feet of wet volume. ACTION REQUIRED: That as part of the standard conditions of plat approval, the water quality requirements he met through on-site ponding. KV/hls \2 � • Agenda Information Memo March 17, 1992 City Council Meeting eOMPREHENSIYE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT MEGHANS ADDITION/PULSAR INC. H., Comprehensive Guide Plan Amendment, Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a Rezoning of Approximately 11 • Acres from NB (Neighborhood Business) to R-4 (Multiple) and a Preliminary Plat Consisting of 13 Lots and 104 Units Located Along the South Side of Diffley Road and the East Side of Nicols Road in the Northeast Quarter of Section 30--At its meeting of February 25, 1992, the Advisory Planning Commission considered the above-referenced applications from Pulsar Inc. for Meghans Addition. For additional information with respect to this application, please Jefqr to the Co unity Development Department staff re,poirl which is enclosed on pages L.2 through aDfor your review. Also enclosed on pages through W3are the Advisory Planning Commission minutes with respect to this item.ahe APC is recommending approval of the comprehensive guide plan amendme t ut deniall pf the rezoning and preliminary plat application, Enclosed on pages / trough cg.is a supplemental memorandum from the Community Development Department covering a revised plan submitted by the applicant reducing the density of the proposal by 16 units. In addition, please note its recommendation that a thirteenth condition be added to the twelve noted in the APC minutes and the staff report. Finally, enclosed on pages LL-(7 through /.S/is a memorandum from the Parks & Recreation Department covering the APRNR Commission recommendation with respect to this plat. Also enclosed without page number are folders of information provided by Mary Anderson Homes, the builder for this prDject. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive guide plan amendment, Meghans Addition/Pulsar Inc. from NB (Neighborhood Business) to D-III (Mixed Residential), 2) a rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4 (Multiple Residential) and 3) a preliminary plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of :14/c- Nicols Road as presented. "A; • SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, & PRELIMINARY PLAT (MEGHANS ADDITION) APPLICANT: PULSAR INC. LOCATION: PART OF LOT 19, BLOCK 8, CEDAR GROVE 2ND NE QUARTER OF SECTION 30 EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from Neighborhood Business to D-III (Mixed Residential, 6-12 units/acre), a Rezoning from Neighborhood Business to R-4 (Multiple Family), and a Preliminary Plat consisting of 13 townhouse lots on 10.6 acres. The site is located at the SE intersection of Diffley Road (County Road 30) and Nicols Road. EXISTING CONDITIONS: The topography of this low-lying site is relatively flat with site vegetation consisting of mainly scrub grass and young secondary tree growth. COMMENTS: The applicant is proposing to rezone the site from Commercial to high density residential with a 104-unit townhouse development consisting of 13 lots on 9.19 acres and 1.4 acres to be a dedicated drainage and utility easement for ponding. Calculating density with a 10% credit for the ponding area results in a net site density of 11.14 units per acres. The R-4 zoning district allows a density of 12+ units per acre. The City Code also ' #flows a maximum building coverage of 20%; this proposal has a coverage of 17%. The site will be bisected by a private street that has access to both Nicols and Diffley Roads. However, after preliminary review, Dakota County has recommended against the Diffley Road ,access., There will also be private drives to serve each building. As proposed, all buildings meet Code setback requirements from lot lines, however buildings one and twelve do not meet the 25' minimum setback required from a private street. The remaining buildings meet required private street setbacks. • • M ary Anderson Homes will build the entire project. The site will be built north to south. The units will be owner-occupied and one homeowners' association and homeowners' agreement will cover all units. The builder anticipates a mix of one and two bedroom units ranging in price from$60,000-$68,000. Typically,with these projects, 65% of the owners will be single, with 35% being young married couples, with a total population around 150 persons. This project will be very similar to the Diffley Commons Addition by Rottlund Companies except the density of the Rottlund project is 7.4 units/acre compared to 11.14 units/acre. All buildings will have maintenance free vinyl siding and each unit will have 1-1/2 baths, appliances, washer and dryer, and possibly a gas fireplace. Interior units will have a single car garage and end units will have the option of a two-car garage; the site does not provide any guest parking areas. Also, landscaped and green areas will be irrigated. The original landscape plan submitted was very similar to that of the Diffley Commons Addition providing a mixture of plant material for year-round color. PARKS & RECREATION: The City Code requires the following site design and development requirements for multiple dwelling sites in Section 11.10, Subdivision 24B.12 "Each multiple dwelling complex shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit containing two or less bedrooms and said recreation areas shall be a m::nimum of 100' from any ponding area". This site's recreation area for 104 units requires .47 acres of open space or roughly a 144' x 144' area. • • • MEW GRADING/DRAINAGE/EROSION CONTROL: The area where this development will occur has elevations that are generally lower than on the adjoining roads. The area was • graded previously when the Cedar Grove developments were constructed and the material from this site was used for fill to construct the roads in the Cedar Grove area. The low point of Nicols Road adjacent to this site is at elevation 876 and the majority of this site is at elevation 870 or 872. The preliminary grading plan shows cuts of 10 feet in the area where the pond will be created along the northwest corner of the site and fills of 4 feet along the southwest section of the site. The drainage from the majority of this site will be directed to the newly created pond which will be used for a water treatment and a storm water quantity reduction facility. The pond storage volume of the pond shall be increased from 1.1 acre/feet to 1.6 acre/feet to allow for a maximum discharge rate of 2 cfs during a 100 year rainfall event. The outlet for this pond shall connect to the existing storm sewer in Diffley Road which drains to an existing 42" storm sewer in Diamond Drive. The storm sewer in Diamond Drive eventually drains to Pond AP-39 which is a pond on the City's Comprehensive Stormwater Management Plan. The preliminary grading plan also shows approximately a 2 acre section of this development in the northeast corner of the site that will drain directly to an existing 12" storm sewer in Diffley Road. Because of a limited capacity in the existing 12" storm sewer, the drainage plan shall be revised to show that the 2 acre area connects to an existing 18" storm sewer stub on Diffley Road. The drainage from the existing residential lots that abut this development to the east and south is shown to drain across this site to the proposed storm sewer system. The drainage swales that are to be constructed along the east property line shall be a minimum of 1.5% slope to prevent standing water problems. An additional catch basin shall be added in this drainage swale on the east property line to improve the drainage in this 600 foot long swale. Also, the proposed driveways shall be drained by adding a catch basin and constructing storm sewer to the pond or to the existing storm sewer system. Overland drainage from these private driveways to the pond will not be allowed. Furthermore, additional catch basins shall be added along Meghan Lane to collect the runoff from this development so that the flow does not exceed 4 cfs along the curb and gutter during a 5-year rainfall event. Special care shall be taken by this development to save the existing trees along the east and south property lines of this development. The trees will provide screening and buffers to this single-family residential development.. 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 proposed multi-family residential development lies in the lower reach of Drainage Basin A. Approximately 8.6 acres of the site will discharge to a new pond that will be created on this site. The remaining 2 acres of the site will discharge stormwater to the northeast to the existing storm sewer system in Diffley Road which eventually drains to Pond AP-39. Pond AP-39 is classified as a sedimentation basin in the City's Water Quality Management Plan and the pond is located in between the railroad ID tracks and the Minnesota River along Nicols Road. Water quality treatment requirements will be met through a combination of on-site ponding and cash dedication. Stormwater runoff from the 8.6 acre portion of the site that discharges to the on-site pond will be treated according to NURP design standards by providing a • minimum wet volume of 0.81 acre-feet,minimum surface area of 0.31 acres, and a minimum average depth of 2.6 feet. The pond also should be designed to have a maximum depth of 4.5 feet below the NWL to discourage weed growth from the middle of the pond. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available to this development along the south side of Diffley Road. The preliminary utility plan shows connecting to the existing 8" sanitary sewer in Diffley Road to serve this site. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 6" water main on the south side of Diffley Road and an existing 16"water main on the west side of Nicols Road. The preliminary utility plan shows connecting to both of these existing water mains and looping a 6" line through the site. The connection of the existing 16" water main on Nicols Road will require the removal and replacement of Nicols Road. The preliminary utility plan shows one 4" water line and one 6" sanitary sewer line being provided to each building. Each water service shall have a gate valve installed on the water line to allow the City to shut off the service. Since the elevations of this site are lower than Diffley Road or Nicols Road, the sanitary sewer to serve this site will be fairly shallow. At the low point on Meghan Lane, the proposed sanitary sewer will be approximately 5 feet deep in the street. The developer shall insulate the sanitary sewer lines and services that do not have at least 4 feet of cover over the top of the pipe. 40 STREETS/ACCESS/CIRCULATION: Access to this development is proposed to be provided from Nicols Road and Diffley Road if Dakota County Highway Department will allow the connection of Meghan Lane to Diffley Road. On Diffley Road, the centerline of Meghan Lane shall match the centerline of the driveway to the school to the north. City staff recommends that a concrete valley gutter shall be constructed across Nicols Road at the intersection of Meghan Lane. As shown on the preliminary site plan, Meghan Lane and the driveways connecting to it will be privately maintained. City staff recommends that Meghan Lane be constructed to normal City standards with B612 or B618 concrete curb and gutter. Also the island that is shown on Meghan Lane at the Diffley Road intersection shall be designed to meet the width requirements of the City's Standard Detail Plate No. 600. The preliminary site plan shows that the private streets off of Meghan Lane to serve the proposed buildings will be constructed with concrete curb and gutter and to a width of 24' face-to-face. City staff recommends that B612 concrete curb and gutter be used on these private streets and then at the driveways to the buildings, a drop curb be utilized. B.]GHT-OF-WAY/EASEMENTS/PERMITS: This development shall dedicate all easements necessary for the sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. The proposed pond shall have an easement dedicated over it up to the 100 year high water level of the pond. This development shall be responsible that all regulatory agency permits (MPCA, MWCC, • Department of Health, Dakota County, etc.) are acquired prior to final plat approval. D.1 FINANCIAL OBLIGATION - Meghan's Addition • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit M.F. $25.25/if 712.1 ff $17,981 Water Lateral Benefit M.F. 19.55/ff 712.1 ff 13,922 Storm Sewer Storm Sewer M.F. .087/sf 400,416 sf 34.836. Trunk Total $66.739 There are levied assessments totaling $44,338 attached to these parcels. • CONDITIONS FOR MEGHANS ADDITIONS 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B4, Cl, C2, C4, El, Fl, 01, & Hl 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. 4. A Variance to the private street setback for Buildings one and twelve shall be approved per the site plan drawing dated 2/7/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The original landscape plan prepared by Griswold Associates dated 1/15/92 shall be submitted on an approved grading plan with the Final Plat submission. 7. The storm water drainage from the majority of this site shall be directed to the proposed pond. 10 8. The pond storage volume of the proposed pond shall be 1.6 acre feet and the maximum discharge rate shall be 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1.5%. 10. The drainage plan shall be revised to include additional catch basins on Meghan Lane to collect the runoff so the flow does not exceed 4 cfs along the curb and gutter. 11. The existing trees along the east and south property lines shall be saved and protected to provide a buffer to the adjacent existing single-family residential lots. 12. To meet water quality treatment requirements, the proposed pond shall provide at least 0.81 acre feet of wet storage volume and a minimum surface area of 0.31 acres. • • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1 . This development shall dedicate 10' 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, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development 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 ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, 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. • 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 Ouality 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. H. Other 1 . All standard platting and zoning conditions shall be • adhered to unless specifically granted a variance by Council action. 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' ;a 1::, .Zi•1 • 1 ; 1%-: • .. 1. .•TH - • 1 / ••• \ i I 1 Pli-41 1,4 !,4 .•`• I ■ •• . • • FIGURE No. 17 STORM SEWER LAYOUT MAP • • CITY OF E A G A 00 MINUTES ADVISORY PLANNING COMMISSION PAGE 1 of 3 FEBRUARY 25, 1992 M,AHaiNB ADDITION - PULSAR, INC. • Chairman Graves opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-ITI (Mixed Residential) , a Rezoning of approximately 11 acres from Neighborhood Business to R-4 (Multiple Family) , and a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicola Road in the NE 1/4 of Section 30. City Planner Sturm stated that this development would be constructed in a north to south fashion and the builder would be Marvin Anderson Homes. Mr. Sturm stated that a neighborhood meeting was held and several concerns were raised including: density, traffic, handicap facilities, etc. Chairman Graves requested that the Advisory Planning Commission deal with the land use issue first. Dave Stelmar, a representative of the applicant, reviewed the history of this site and felt that Neighborhood Business does not fit this piece of land anymore. He stated that R-4 would be a better use of the land. The gross density is approximately 9. Mr. Stelmar felt that traffic will not be much of a problem. The figures show that approximately 6 - 9 trips will be made per day per unit. Gary Grant, a representative of Marvin Anderson Homes, stated that the townhomes would be constructed of materials that are as maintenance free as possible. Bob Porter, 4265 Diamond Drive, stated that the Diamond Drive and Diffley Road intersection is already too heavily travelled. He feels it can not handle any more traffic. He would like to see single-family homes on that site, but this proposal is too high in density. Donald Dramdrive, 4221 Diamond Drive, felt that there is already too much multi-family housing in Fagan. Ros Jerette, 4223 Diamond Drive, recommended that a devaluation impact study be done before the development is built. She fears the value of her home will decrease. She also raised her concerns regarding the impact on the environment, wildlife and traffic. Tom Michaels, 4255 Diamond Drive, mentioned that the DNR told him that Eagan is losing its prairie land very rapidly. Hs sees inoreased . traffic as a major concern. Olen McCaulin also raised the issue of increased traffic and he felt property values would decrease because of this development. Todd Togerson was concerned about the safety of the children in the area when they try to cross Diffley Road to get to the play area. Barb Michaels, 4255 Diamond Drive, felt that this development does not fit into the existing area. She does not see any blending or . buffer between the proposed development And the existing single-family homes. She also sees problems with an increase of pollution in the area, drainage will not be to the current residents benefit, and no handicapped facilities are proposed for this development. \ 4 PAGE 2 of 3 Member Hunter stated that R4 is not appropriate at this site. He • felt increased traffic would be a major. problem. He stated he was against the comprehensive guide plan change. Member Merkley also was concerned with a high density development next to a single-family home area. Member Griggs also cited increased traffic and high density as problems. He saw no compatibility with the existing area. Mr. Griggs also felt that having no guest parking could be a potential problem. Mr. Steiner stated that this proposal would be batter than a shopping center. Hunter moved, Gorman seconded, the motion to deny a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) . Hunter, Gorman voted for; Graves, Merkley, Griggs voted against. Denied 3-2. Griggs moved, Markley seconded, the motion to approve a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) . Graves, Merkley, Griggs voted for; Hunter, Gorman voted against. Approved 3-2. Griggs moved, Hunter seconded, the motion to deny a Rezoning of approximately 11 acres from Neighborhood Business to R-4 (Multiple Family) . All present voted in favor. Hunter moved, Merkley seconded, the motion to deny a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30, 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, B4, Cl, C2, C4, F1 , Fl, GI & HI 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. i PAGE 3 of 3 4. A Variance to the private street setback for Buildings one and twelve shall be approved per the site plan drawing dated 2/7/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The original landscape plan prepared by Griswold Associates dated 1/15/92 shall be submitted on an approved grading plan with the Final Plat submission. 7. The storm water drainage from the majority of this site shall be directed to the proposed pond. 8. The pond storage volume of the proposed pond shall be 1.6 acre feet and the maximum discharge rate shall be 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1.5%. 10. The drainage plan shall be revised to include additional catch basins on Heghan Lane to collect the runoff so the flow does not exceed 4 cfs along the curb and gutter. 11. The existing trees along the east and south property lines shall be saved and vrotected to provide a buffer to the adjacent existing single-family residential lots. 12. To meet water quality treatment requirements, the proposed pond shall provide at least 0.81 acre feet of wet storage volume and a minimum surface area of 0.31 acres. All present voted in favor. L.k • MEMORANDUM i TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 9, 1992 RE: MEGHAN'S ADDITION At the February 25 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment for the Meghan's Addition consisting of 104 owner occupied multi-family units was approved 3/2. The Rezoning from Neighborhood Business to R-4 (Multiple)was denied unanimously, as was the Preliminary Plat. This site ,is along the SE intersection of Nicols and Diffley Roads. There were approximately 15-20 residents in attendance and the major concerns raised were: density, increased traffic to the area, and the City's position on R-4 zoning. These issues were also raised the night before at a neighborhood meeting held at the library with the same number of residents in attendance. There were other questions and answers dealing with owner vs. rental housing,handicapped accessibility,the construction, and amenities of the units. Since that time, the applicant has submitted a revised plan eliminating two of the eight unit style buildings, reducing the total to 88 units. The street configuration basically stays the same, however the connection with Diffley Road is now proposed as a right in, right out, only. The County is still recommending no access to Diffley Road. Rich Brasch is requesting that an additional condition be added as follows: 13. On site ponding to treat drainage from the remainder of the site is not feasible so the City will require a cash dedication. Using the methodology outlined in the City's Water Quality Management Plan, the cash dedication for the remaining two acres of the site is $2,260. Also, since the site plan has changed, Condition #6 should read: "The final landscape plan shall be submitted on an approved grading plan with the Final Plat". Attached are copies of the original and revised plans. If you would like additional information, please contact me. • City Planner • JS/js OttWgrD — , i II 1 1 $� E� I 1 1 N r ! I i ci_ I I - it• -----J—- I 1 ..:t...... .,.... I .— _% i_ ,\ I c I L'_ i _ � 1�& , -, .mai ,-- ,- ----I� i t J s i i it it� j 1, I 1 r - II , I ' �� 1 \........ lireW ii . v r -T1 r 11 ,c, iiimairii.„,,,...4.......hhhr s .1. __ 4,:• _• if� 'C c MIX �� • --- I I s •1"' L ,, wig, , . 1 i ::: I IT ...... .4 rum* • is • 4 I } I 43 0 4) � i' P*1 .4 * -J P t I 422 Ili ' • ' _ Als. 1r:ib*14/ ' �� , 1 ■ ■ ' I N ' r. / / ! ' } / / / 1 .. ` 7 / r- !7 !f •sue j /L----1----1----+"'---�� / / ` ii fi i{ ii - _ --- -cif--*-- —9—i:—,E----j.--*--w—s_, °' / / • • I m mit ::,_ 4. 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Rr� £XDITIa r..-- �.rrs ji1 PO PULs 11S et•w_ ' rt i f Mirs lrwrr I-77 • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL *'ROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 11, 1992 RE: MEGAN'S ADDITION - ADVISORY PARKS, RECREATION & NATURAL RESOURCE COMMISSION RECOMMENDATION BACKGROUND At the Advisory Parks, Recreation and Natural Resource Commission meeting on March 5, 1992, the Advisory Commission reviewed the proposed Megan's Addition for park dedication requirements. The property was previously platted and is currently zoned neighborhood/business. • ISSUES FOR REVIEW Ir.. reviewing the park dedication for Megan's Addition, the Advisory Commission reviewed th e following findings in regard to this particular parcel. This parcel was platted with the Cedar Grove 1st and 2nd Addition in the mid 1950's. The developer represented that Cedar Pond Park was given to the City, in the form of a parks dedication with the Cedar Grove Additions. The City received the deed to Cedar Pond Park some two years after the Cedar Grove 1st Addition was platted. Parks dedication was not instituted in the City until 1973. Tie parks dedication requirement for this parcel, if it were processed as a neighborhood business, would amount to approximately $12,700. Re-zoning of the parcel for 88 units, as • is now being proposed by the developer, would create a park dedication requirement of approximately $49,200. This is based on the 1982 rate of $559 a unit. DEVELOPERS ISSUES Attorney, Dave Sellergren, attended the Advisory meeting representing the developer concerning this plat. Mr. Sellergren noted that it was their belief that park dedication requirements were met for the Cedar Grove Addition with the Cedar Pond Park. Further, that the cash dedication requirement, combined with the trails dedication and ponding exceeded 19% of the value of the property, which did not seem reasonable and just. Mr. Sellergren argued that the park dedication requirement should be adjusted to an equitable level. • MEGAN'S ADDITION • PAGE TWO MARCH 11, 1992 COMMISSIONS RECOMMENDATION The Advisory Commission recommended that this plat be subjected to a cash dedication requirement of $559 a unit. It appeared as if the developer has paid for trails dedication as part of a post road assessment, and therefore, the cash dedication for trails will not be a requirement of this plat. The Commission came to this recommendation based on the conclusions that the developer chose to change the plat to residential and therefore, should be subject to the park dedication requirement - consistent with the City's policy in regard to cash dedication. If members of the City Council would like additional information and background concerning this, they certainly can contact me directly or refer to the minutes of the Advisory Commission which are attached. KV/bls Attachment • ADVISORY PARKS RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF REGULAR MEETING OF MARCH 5, 1992 PAGE 4 Lee Markel) asked if retaining walls could be used In other areas on the site to help preserve some of the vegetation. Mr. Unnear stated that they are looking at the option of installing a retaining wail on the west side of the west playing field to preserve trees. Steve Sullivan added that additional trees can be saved by retaining walls, however the question is what would be the dollar expenditure needed to preserve them. There also is a three foot high maximum size that can be used for retaining walls when planned in an area where there will be so many children. • After further discussion,Ted Billy moved, Lee Markel)seconded the motion with all members voting In favor to make the following recommendations to the City Council regarding Independent School District 1S6 - Elementary School #17. 1. The proposal be subject to a cash trails dedication. 2. The School District evaluate and submit to the City, prior to Final Plat, tree specific preservation revisions. 3. The proponent submit a tree protection plan to the City prior to Final Plat. 4. The development be subject to a cash dedication of $14,510 to satisfy water quality requirements. MEGHANS ADDITION - PULSAR INC. Project Planner Mike Ridley introduced this item as a Comprehensive Guide Plan Amendment from Neighborhood Business to D-III (Mixed Residential, 6-12 units/acre), a Rezoning from Neighborhood Business to R-4 (Multiple Family), and a Preliminary Plat consisting of 13 townhouse lots on 10.6 acres.The site is located at the SE intersection of Diff ley Road and Nicols Road. Rich Brasch addressed the water quality issues for this development explaining that this proposed multi-family residential development lies in the lower reach of drainage basin A. He continued that approximately 8.6 acres of the site will discharge to a storm sewer along Nicols Road with the remaining 2 acres discharging stormwater to the northeast to the existing storm sewer system on Diffley Road. This will eventually drain to Pond AP-39 which is located in between the railroad tracks and the Minnesota River along Nicols Road and is classified as a sedimentation basin. Mr. Brasch continued that on-site ponding is feasible for that portion of the development that will discharge to the storm sewer along Nicols Road and in order to provide adequate treatment the pond would need to provide a minimum wet volume of.81 acre/feet, minimum surface area of.31 acres and a minimum average depth of 2.6 feet. Since on-site ponding would not be feasible for the remainder of the site, Rich suggested the Commission consider a cash dedication of$2,260 for the remaining 2 acres. Relative to the perks dedication issue, Director Vraa explained that the development was zoned neighborhood business sometime prior to the 1970's when the Cedar Grove Addition was platted and developed. After reviewing all available files, staff has found no indication that parks dedication was ever. fulfilled at the time this parcel was platted. Ken continued that the developer has expressed some concerns over how the rate for parks dedication would be calculated,asking specifically if the rate would be$559 per unit as is represented in the 1992 fees. The developer has expressed the opinion that the $559 per unit exceeds the general guideline of 10-12%for perks dedication based on the current value of their property. • Mr. Dave Seliergren, representing Pulsar Inc.,addressed the Commission by reviewing the general guidelines for parks dedication policies. He stated that the Statute allows the City to have the option of requesting either cash or land dedication from a developer. He continued that most cities say that 10% is a reasonable dedication amount but the option remains open for negotiation between the city and the developer. • LkG\ ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF REGULAR MEETING OF MARCH 5, 1992 • PAGE 5 As history, Mr. Sellergren stated that the land was platted years ago and that Cedar Pond Park was dedicated as part of Cedar Grove 1st and 2nd Addition. He argued that this parcel is being re-platted and the question the Commission needs to answer Is whether or not the platting requirements were met when this parcel was originally platted for neighborhood business. It was noted that the developer, since appearing before the Advisory Planning Commission, had reduced the number of units from 104 to 88 to help mitigate some of the concerns shared by neighboring residents. Relative to the parks and trails dedication fees, Mr. Sellergren stated that the combined amount of $669 per unit times the 88 units planned equals$58,872, or approximately 19% of the$300,000 land value. The developer is of the opinion that this percentage far exceeds the general guideline of 10-12%. The developer also felt that the dedication, or deeding, of Cedar Pond Park should be considered the parks dedication for this site since it was given at the time of the original platting of this property. Mr. Sellergren asked that the Commission consider all of these circumstances before deciding what the appropriate dedication would be or if a parks dedication would be necessary. Ted Billy asked what the developer felt was a reasonable solution. Mr. Sellergren stated that the developer has already taken sixteen units out of the project and they would like to see the Commission consider Cedar Pond Park as the park dedication and not ask for further dedication dollars. Jonathan Widem asked what type of units were projected. Mr.Sellergren responded that these were two bedroom units and it is anticipated that there will be less than two people per unit since this type of housing is typically occupied by singles. Dan Mooradian asked if the density exceed what was originally planned. Ken Vraa responded that this site has always been zoned neighborhood business and if that zoning stayed the same the parks dedication impact would be less than the density proposed in the • Meghans Addition plat. Ted Billy stated that Neighborhood Business zoning has little impact on parks, whereas changing the zoning to multiple family will have a much larger impact on the existing park system. Deborah Johnson asked for a clarification of the general guideline of the 10-12% park dedication range referenced by Mr. Sellergren. Mr.Vraa responded that this range varies by community but has been a very good gauge. However, not only is this percentage taken into account when determining park dedication but the density of a property is also considered. Ken added that as the density of a parcel increases so does the fee scale. Ms. Johnson then asked what percentage the park dedication fee represented. Mr.Vraa responded approximately 13%. Ms.Johnson continued that she was not persuaded that 13%had a precedent setting impact nor was it much out of the range of the general percentages. Mr. Sellergren added that the 19% figure he was using included both the park dedication fee of$559 per unit and the $100 per unit trail dedication fee. Jonathan Widem asked what the dollar value of Cedar Pond Park was and how big It was. Ken Vraa responded that the park was approximately 10 acres and was dedicated,or deeded,to the City in the 1950's but the City did not have a dedication policy until the 1970's. As a point of clarification,Mr. Sellergren stated that the deed to Cedar Pond Park was given to Eagan two years after the Cedar Grove Addition was platted. Ted Billy suggested that even if the City does not require a parkland dedication,the zoning change of this parcel will most definitely impact the existing Cedar Pond Park. Deborah Johnson asked why the zoning was changed from Neighborhood Business to Multiple Family. Mr. Sellergren explained that the current market for neighborhood business In the community is poor,the volume of traffic at this intersection has changed but the volumes have not grown to the capacity • as was once projected when originally platted, the multiple family product would be a better'neighbor to the existing residential,and the high demand for the product being planned would benefit both the developer and the community. 5-0 ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF MARCH 5, 1992 MEETING PAGE 6 Ken Vraa noted that there were two entire buildings being deleted from the plan. Mr. Sellergren confirmed that information stating that the buildings will then move away from the existing residential area. Ted Billy clarified that the $559 per unit park dedication and $100 per unit trails dedication fee remained the same as the 1991 fees. Jonathan Widem noted that in order to justify a credit for park dedication fees a development would need to show that they would not impact existing recreational facilities and asked the developer what facilities were being planned in this development to lessen the impact on surrounding parks. Mr. Sellergren stated that the developers felt that there would not be an impact to the surrounding facilities since the bulk of the residents are being projected as single women therefore the need for additional facilities, i.e.tot lots, etc. are not necessary. Ted Billy reiterated his concern for setting a precedent adding that the Commission may find themselves in a position to negotiate with each developer/development if the park dedication fees are changed or waived. Mr. Sellergren stated he appreciated the Commission's concern however he reminded them that the guidelines were set for that reason; as a guideline, but allow for the flexibility of negotiation. Dan Mooradian stated he did not see enough substantiation to change the parks dedication/trails • dedication standards in this case. Both Lee Markel)and Kevin Knight concurred. Deborah Johnson stated that being a single woman, the proposed target range for this development, she felt the provision for park fa:ilities should definitely be provided for or be considered with a development of this density. Mr. Sellergren reminded the Commission that the developer is asking them to consider whether a 19% dedication fee is reasonable based on the value of the land. The developer feels that 19% is excessive and nut representative of the burden this development would place on the existing park system. Mr. Mooradian stated that the amount of parkland/trails dedication represents the density of the development, not a percentage of the value of the land. He continued that if the density were lower the dedication fees would be lower. The dollar amount reflected as parks/trails dedication reflects the developers desire to change the zoning and density of their property. After further discussion, Deborah Johnson moved, Dan Mooradian seconded the motion with all members voting in favor to make the following recommendations to the City Council regarding Meghans Addition. 1. The development be responsible for parks dedication fees at a rate of$559 per unit. 2. The development be subject to a combination of on-site ponding requirement to treat the 8.6 acres of the site that drains to Nicois Road and a cash dedication for the remainder of the site. The pond should be constructed according to National Urban Runoff Program design standards and should provide a minimum wet volume of .81 acre/feet, minimum surface area of .31 acres and a minimum acreage depth of 2.6 feet. In addition, a cash dedication of $2,260 should be required to meet the water quality requirements for the remainder of the site. • 3. The development be responsible for trails dedication fees of $100 per unit only if, after investigation and confirmation by staff, it is determined that assessments have not been levied and paid for this development. Agenda Information Memo 1111 M:arch 17, 1992 City Council Meeting PKIVPIAL'Ma DEVELOPMENT DEPOSIT AGREEMENT A. Development Deposit Agreement—Enclosed on pages through you will find a memorandum from the Community Development Department covering the proposed development deposit agreement intended to replace the City's current escrow agreement. The memo outlines several key points reflected in the agreement itself. The purpose for the name change was that certain individuals misunderstood the escrow to be a flat fee which would not be exceeded when in point of fact it has always been a deposit against which costs would be charged for development applications. In addition to this clarification, the proposed agreement is intended to raise accountability on the part of the developer, property owner and City staff in reporting deposit balances. It is hoped that these measures will both reduce the number of disputes and the number of delinquent balances which must be collected. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development deposit agreement as presented. r'J • ‘//- 2 //r, — 4. I t h.Y./ Prr • c MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 13, 1992 RE: DEVELOPMENT DEPOSIT AGREEMENT The Community Development Department has been coordinating the preparation of the new Development Deposit Agreement which has been circulated through all departments for input regarding the current process to review new developments. There has been substantial discussion regarding the philosophy and problems that had occurred and how to resolve past problems with this new agreement. In summarizing, the main points covered are: 1. escrow fees were increased to cover current costs to process a development proposal. 40 2. procedural process of notifying and billing the developer on a regular basis so escrows and deposits are reviewed in shorter time frames. 3. the agreement will now link both the applicant and owner to the costs incurred. Therefore once a development project has been reviewed and approved but does not P P J PP continue, the owner of the property is obligated to pay the costs. In the past, the agreement was only signed by the applicant with no means to collect from the owner if the deposits were depleted or the projects did not proceed. Please review the document and if you have any questions, please advise. Director of Community Development DCR/js Attach. • r 3 Adpoted by CC: CITY OF EAGAN DEVELOPMENT DEPOSIT AGREEMENT THIS AGREEMENT, made and entered into on the day of 1992, by the Developer and Owner identified herein: A. The term "Developer" as used herein refers to: whose address is , and B. The term "Owner" as used herein refers to: whose address is is being made for the benefit of the City of Eagan, a municipality of the State of Minnesota (hereinafter called the "City"). • WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as located within the City or has ap plied to the City for a Waiver of Plat; and WHEREAS, in conjunction with the review for the determination whether to grant approval, the City will incur certain costs including administrative and consulting costs involved in the processing of such application, and the City requires a guaranty that such costs will be paid by the Developer and Owner; and WHEREAS, the Owner acknowledges the receipt of a benefit in the platting and subdivision of the Owner's property; and WHEREAS,under authority granted to it,including Minnesota Statutes Chapters 412 & 462, the City will process the application on the condition that the Developer and Owner 111 enter into this Development Deposit Agreement,which agreement defines certain duties and 1 I S- responsibilities of the Developer and Owner, as well as the City; and the Developer or Owner shall provide cash to the City in the amount and with conditions satisfactory to the City, providing security to the City for the ultimate payment of all such costs incurred by the City. NOW, THEREFORE, the Developer and Owner agree as follows: 1. Requirements. The Developer and Owner are required to comply with (1) the necessary deposits for the Waiver of Plat process; or 2) the necessary deposits for the general design stage and the technical design stage of the Preliminary Plat process and the deposit for the Development Contract Management pursuant to the Final Plat process. 2. Waiver of Plat deposit. It is understood that the City shall commence to process the Waiver of Plat application at such time as this Agreement is executed by all the • appropriate parties and the cash required is posted with the City. 3. General Design Deposit. It is understood that the City shall commence to process the Preliminary Plat application at such time as this Agreement is executed by all appropriate parties and the cash required for the general design deposit is posted with the City. 4. Technical Design Deposit. It is understood that the City shall commence to process the technical design stage of the Preliminary Plat application at such time as the cash required for the technical design deposit is posted with the City. • • , 5. Development Contract Management Deposit. If at the time of submission of • the application for Final Plat approval, the Developer has determined to install any public street or utility improvements privately, then the Developer shall deposit with the City the cash in an amount as determined by Exhibit "C'prior to the scheduling of a pre-construction meeting for public improvements installed privately by the Developer or prior to the issuance of the "permit to proceed" or prior to the release of the Final Plat by the City for recording at Dakota County, whichever occurs first. The Development Contract Management Deposit is used by the City to cover inspection, development-agreement compliance, construction coordination, administrative costs for City approval and/or acceptance of privately-installed City improvements, and all other development related requirements. 6. Use of Deposited Funds. The City may draw upon the deposits to pay the • costs it incurs. The City shall determine all of its costs, including both administrative and consulting services, at the rates listed in the most current fee schedule adopted by the City Council or the most current fee schedule of a City authorized consultant. A copy of the current administrative and consulting rates is attached which rates are subject to change by the City Council, without notice to the Developer and Owner. (See Exhibit "D"). 7. Conditions of Deposit. The following conditions shall apply to the account contemplated under this Agreement. a. If not listed in the City fee schedule, administrative hourly rates for processing applications shall be determined by multiplying employee's hourly rate by a factor of 2.0 to cover all benefits and overhead incurred by the City. i 3 C-( f l b. Payment shall be made to City consultants, including but not limited to, engineering, legal, and planning, in the amounts actually billed to the City, according to the customary consulting rates in effect at that time. Such consulting services or costs shall reasonably and necessarily relate to the subject matter of the applications for payment as determined by the City. c. The City shall reimburse itself for all costs and expenses incurred by the City from the deposit(s) under this Agreement. d. The City shall not be responsible for paying any interest on the account contemplated under this Agreement. e. If in the discretion of the City, there is deemed to be an inadequate balance in the deposit account to pay for all the fees and costs incurred or to be incurred by the City, the City will notify the Developer (herein designated by the Owner as his/her IP agent for purposes hereof) of the need for additional deposits. The Developer agrees to make such additional deposits within ten (10) days of receipt of such notice. For purposes hereof, receipt of the notice shall be deemed made upon the depositing of the notice in the U.S. mail, postage paid. f. No application will be acted upon or processed by the City until all amounts due at the time of submission have been paid in full, or the City finance department determines that there are sufficient funds available from a prior deposit to pay all estimated City bills. • 4 8. Positive Balances in Account. In the event that there is a positive balance in the deposit account and there is (1) completion of the development process, or (2) an application is withdrawn by the Developer, or (3) the application is denied by the City for a:ny reason, then the balance shall be paid to the Developer within ninety (90) days of receipt by the City of a written request by the Developer or Owner for payment. 9. Deposit Amounts. The amounts contemplated for each of the purposes described under this Agreement which may be revised by the City from time to time shall be as follows: a. Waiver of Plat. Deposit. A cash deposit payable at the time of submission of the Waiver of Plat application in an amount set forth in Exhibits "A" and "B". b. General Design Deposit. A cash deposit payable at the time of submission of the Preliminary Plat application in an amount set forth in Exhibit "A". c. Technical Design Deposit. A cash deposit payable at the time of submission of the technical design information in amount set forth in Exhibit "B". d. Development Contract Management Deposit. A cash deposit payable prior to release of the Final Plat by the City in the amount set forth in Exhibit "C". 10. Accounting. If there has been activity in the account, the City will provide a monthly accounting of all expenses charged against the account when requested by a Developer or Owner, but in no event more often than monthly. An accounting will be provided when a notice is made by the City for additional deposits. • 5 1 S- 11. Terms of Breach. In the event of breach of any terms of this Agreement by • the Developer/Owner, including but not limited to the failure to make additional deposits when required by the City, the City may at its option, cease processing any application being made by the Developer or Owner and order the Developer to cease any further development or progress under the terms of this Agreement. The City may withhold approval of any portion of the application or development until such time as the breach is cured. The Developer and Owner waive any rights against the City for damages claimed by the Developer or Owner should the City exercise its rights hereunder. Furthermore, the Owner and Developer shall be responsible for all costs and expenses, including reasonable attorney fees incurred by the City to enforce this Agreement or to collect for any monies due the City from the Owner or Developer pursuant to this Agreement. 12. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 13. Binding Agreement. The Owner and Developer mutually recognize and agree that all terms and conditions of this Agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators, and assigns of the parties referenced in this Agreement. THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 MIDWAY NATIONAL BANK BLDG. 7300 WEST 147TH ST APPLE VALLEY MN 55124 (612) 432-3136 • MGD 6 C9 • IN WITNESS WHEREOF, we have hereunto set our hands and seals. DATE: DATE: OWNER: OWNER: STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of , 19 before me a Notary Public within and for said County, personally appeared and to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public DATE: DATE: DEVELOPER: DEVELOPER: STATE OF MINNESOTA) )ss. COUNTY OF ) On this day of , 19 , before me a Notary Public within arid for said County, personally appeared arid to me personally known, who being each by me duly sworn to be partners of the Partnership named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said partnership and that said instrument was signed and sealed on behalf of said Partnership by said arid and they acknowledged said instrument to be the free act and deed of the Partnership. Notary Public • 7 EXHIBIT "A" • General Design Deposit (1) and Waiver of Platting Deposit (1) $ 150/acre $1,500 minimum initial deposit $4,800 maximum " " EXHIBIT "B" Technical Design Deposit (1) $4,000 initial deposit • EXHIBIT "C" Development Contract Management Deposit (1) Construction Costs Deposit $ 0 - $150,000 8% ($ 1,000 minimum) initial deposit $150,001 - $500,000 6% ($12,000 minimum) " $500,001 + 5% ($30,000 minimum) (1) These deposits are to be considered as a financial commitment toward the total eligible costs incurred by the City and are not to be construed as application fees or maximum costs or estimates of final costs for any aspect of the development application process. • Page 1 of 6 Pa Dated 3/92 g f \ ( EXHIBIT "D" • Effective 1/92 Hourly Rate CITY STAFF & MAINTENANCE EQUIPMENT Department Directors $80.00 Assistant City Engineer 60.00 City Planner 60.00 Design/Development Engineer 55.00 Park Planner S0.00 Utility Supervisory 50.00 Senior Planner 50.00 Senior Technician 45.00 Pro ect Planner 40.00 Technician 40.00 Aide 30.00 Intern 20.00 Survey Crew (2 person) 70.00 (3 person) 90.00 Maintenance Person 20.00 (regular) 30.00 (overtime) Foreman 24.00 Pick-up truck 22.00 1-ton dump truck 23.00 . Single axle dump truck 30.00 Tandem axle dump truck 35.00 Tractor 15.00 Bac]{hoe/loader 35.00 Front end loader 56.00 Road grader 56.00 Street sweeper 41.00 Roller 20.00 Paver 20.00 Air compressor 15.00 50 KW generator 35.00 Sewer jetter 66.00 Sewer rodder 33.00 Sewer vacuum - trailer 33.00 Sewer vacuum - truck 70.00 Gro nndsmaster mower 22.00 Pump 6" 25.00 Pump 8" 28.00 Skid loader 35.00 Chipper 15.00 Hourly rates for employees not listed are determined by multiplying employee's hourly rate by a factor of 2. Dated 3/92 Page 2 of 6 EXHIBIT."D" (continued) Consulting Engineering Short-Elliott-Hendrickson, Inc. Effective 1/92 - 4/92 Hourly Rate Office Staff Principal Engineer $79.35 - $111.10 Project Manager 61.90 - 102.35 Project Engineer/Architect/Planner 49.20 - 79.35 Design Engineer/Architect/Planner 34.95 - 61.90 Lead Technician 41.20 - 60.30 Senior Technician 38.15 - 51.55 Technician 28.55 - 42.40 Associate Technician 24.60 - 32.30 Word Processor 24.60 - 35.50 General Clerical 20.65 - 35.50 Field Staff • Lead Project Representative $41.20 - $ 58.80 Sr. Project Representative 33.35 - 48.15 • Project Representative 25.45 - 38.15 Survey Party Chief 35.70 - 56.35 Survey Assistant 22.30 - 31.75 Mileage: $0.30 (1) The actual cost charged is dependent upon the hourly rate of the employee assigned • to the project. The costs shown are subject to change. Dated 3/92 Page 3 of 6 \� • EXHIBIT "D" (continued) Consulting Engineering Bonestroo, Rosene, Anderlik & Associates, Inc. . Effective 1/92 dourly Rate Senior Principal $101.08 Principal/Project Manager 87.75 Registered Engineer/Architect 76.05 Project Engineer/Architect 67.60 Graduate Engineer/Architect/Field Supervisor 60.45 Senior Draftsperson 55.90 Senior Technician 55.90 Technician 37.70 Word Processor 36.73 Clerical 28.28 • Reimbursable Expenses - at cost Reproduction, Printing, Duplicating Out-of-pocket expenses such as stakes, field supplies, telephone calls, etc. Mileage: $0.31 • Dated 3/92 Page 4 of 6 O EXHIBIT "D" (continued) Consulting Engineering Orr Schelen Mayeron & Associates, Inc. Effective 1/92 Hourly Rate Principal $101.25 Sr. Registered Engr./Arch. 83.25 Registered Engr./Architect 73.15 Project Engr./Architect 57.38 Engr./Arch./Planner/Surveyor 47.25 Senior Designer 67.50 Designer Level II 58.50 Designer Level I 52.88 Senior Technician 47.25 Technician Level II 39.38 Technician 31.50 Construction Observer 54.83 3-person Survey Crew 107.50 2-person Survey Crew 88.15 • Schedule of computer cost per hour: Prime 2655 Mainframe Terminal $15.00 Microcomputer 5.00 Microcomputer CAD Workstation 15.00 Computer costs will be charged at the above hourly rates. • All other costs, such as vehicle mileage, survey equipment and vehicles, word processing, clerical, printing and reproduction costs are included in the hourly fee. Dated 3/92 Page 5 of 6 W2‹ • EXHIBIT "I)" (continued) Effective 1/92 Sourly Rate City Attorney Severson, Wilcox & Sheldon, P.A. Attcrneys Fees $135.00 Paralegal Fees 45.00 Consulting Planner • Urban Planning & Design, Inc. $ 65.00 Consulting Financial Services • Wobschall LTD $ 30.00 Other Any other consultant fees will be billed at the rate charged to the City. • Dated 3/92 Page 6 of 6 1 Agenda Information Memo • March 17, 1992 City Council Meeting SIGN ORDINANCE B. Direction, Sign Ordinance Amendment—Enclosed on pagt, is a memorandum from the Community Development Department relative to discussions held at the Advisory Planning Commission as a consequence of the number of off-site advertising sign applications received since the end of the City's billboard moratorium. As is outlined in the memorandum, the Community Development Department staff and Planning Commission have requested direction from the City Council with respect to potential amendments to the sign ordinance to respond to the situation. While no amendments have been prepared and proposed for consideration by the City Council at this time, staff would appreciate discussion and direction with respect to the potential concepts outlined in the memo. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to staff with respect to an amendment of the City's sign ordinance. • • I Col MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: MARCH 11, 1992 RE: PLANNING COMMISSION'S RECOMMENDED CHANGE TO SIGN ORDINANCE At the February 25, 1992 Advisory Planning Commission meeting, the Planning Commission continued two Conditional Use Permits allowing billboards for advertising signs. In the past year there has been a moratorium on the Sign Ordinance. The City Council did not want to change the ordinance, as proposed. Off-site advertising signs would be dealt with on a case-by-case basis. Once the moratorium was lifted, the City received four applications for billboard signs along the I-35E alignment. The City Council approved one in a Light In dustrial district; three others were denied/continued based on certain site characteristics. The Planning Commission is once again proposing that a Sign Ordinance amendment may • be appropriate with the number of billboard advertising signs being submitted. In the initial review, additional restrictions on location for advertising signs could limit the number of signs within the community. If additional restrictions were added to the Sign Ordinance, removing the commercial area locations (allowing only Light Industrial zoning), this could then further restrict the locations of off-premise advertising signs along I-35E. This was the discussion between staff and the Advisory Planning Commission. The Commission continued two sign applications to see if the City Council wanted to further restrict the off-site advertising, or billboard signs, to Light Industrial districts only. If the Council does direct, this action could then be processed through the Planning Commission and City Council prior to the Conditional Use Permits action by the Advisory Planning Commission and City Council. T Community Development Director DCR/js • i (.40 8 MINUTES OP::lk4PECIAL E!ZN OF THE EAGAN-CiTY COUNCIL Sagan, Minnesota :: December 17, ].99l. • A special City Council meeting was held on Tuesday, December 17, 1991, at 8:35 p.m. , immediately following the regular City Council meeting in the Council Chambers of the Municipal Center Building. Those present were Mayor Egan, City Councilmembers Gustafson,.. McCrea, .Pawlenty and Wachter. Also in attendance were Director of Parke::-t4 :Recre:atioin Vraa and City Administrator Hedges. DISCUSSION REGARDING PE,QPOSED ICE ARENA/OUTDOWE4MMINGIGOL PROJECT City Administrator. ..Hedges stated' that direction is necessary on several policy issues pertaining to the proposed ice arena/outdoor swimming pool project that is scheduled for a bond referendum in April/May of 1992. He stated that items requiring direction by the City Council include selection of an architect, appointment of an architect review committee, further discussion on financing alternatives for the::::proposed capital project and, further, any additional direction regarding .th0...p:ttblic process leading to a bond referendum for the ice arena/outdoor swimming pool`.:.proj;ect. •Mayor Egan acknowledged :the presende. of several residents and asked for City Council discussion on the:: public policy items presented by the City Administrator. City Councilmembez4aw:lenty referred to ice arena facilities that have been constructed in the cit:° of St. Paul suggesting that the City consider the plan that community has used for a possible model for the Eagan ice facility. After a lengthy discussion regarding reasons for considering a request for proposal to select an architectural firm to provide concept design plans for an outdoor swimming pool and ice arena project, direction was given to the City Administrator and Director of Partcs:.:and:':Ret.reation to proceed with an RFP. City Councilmember McCrea suggested..that :oinlyfi mhat have ice arena and outdoor swimming pool experience be considered by..the City Council. In a motion by City Councilmember McCrea, seconded by Co4tiOlmemtiet Gustafson, with all members voting in favor, staff under the direction :of the City Administrator was authorized to proceed with an RFP for arCtritect.t 1 service to complete a concept design phase for an outdoor swimming pool/ice arena facility. Director of Parks and Recreation Vraa suggested the formation of an architectural review committee that can review the request for proposal information before it is sent out to a list of:Architectural firms and conduct this actual interviews for the purpose of making a recommendation to the City Council. City Councilmembers discussed the makeup of the architectural review committee suggesting a represetttatf'v ;:::frotit;::tf#e::Advisory Parks, Recreation and Nal:ural Resources Commission, Adt+aso y:::p:1: t: Commission, two members of the CiA:y Council and three (3) members from the .Recreational Facilities Advisory Committee. It was suggested by Mayor Egan 04 Gary Fuchs, chairman of the Recreation Advisory Committee be contacted and:'allowed to recommend three (3) individuals to serve as representatives of that special task force. City • J Special City Council Minutes December 17, 1991 Page 2 Councilmember Gustafson volunteereo'::sez•ve however indicated that he would no longer be serving in his official capacity as a City Councilmember at the end of December. City Councilmembers McCrea and Pawlenty volunteered to serve as the City Council's representatives on the architectural review committee. After further discussion and in a motion by City Councilmember McCrea, seconded by Councilmember Wachter, all meollapc;:::vtntng: :::3? :: favor, a seven (7) member architectural review committee was esta# 1 shed z th one member from the Advisory Parks, Recreation and Natural Resources::: ommiss on, one member from the Advisory Planning Commission, three members fror.the Recreational Advisory Task' Force to be appointed by its Chair, Gary Fuchs.>:and, finally, two members from the City Council who will be City Councilmembe:rlcCreaand Pawlenty. Director of Parks and Recreation Vraa also suggested that a design review committee comprised of between 10 and 12 members be appointed at a January City Council meeting for the purpose of working with the architect, City, Council and staff to complete the architectural program, review concept plans, budgets and a time table for the bond .referendum. Mayor Egan stated that the design review committee appointments 'would.:.be made as a part of the organizational business at the January 21, 1992' et; iig :,..:.. CAPITAL IMPROVEMENTS1ROGRAM BUDGET (1992 - 1996) City Administrator Uedgestated that at the November 26 Council meeting, he was directed to revs.:se::::Part I, Public Facilities portion of the CIP by designating $500,000 of capital expense under community investment for park land in 1994 to 1996, specifically to be allocated for the ice arena facility and outdoor swimming pool project. He also reported that the $850,000 the City received as a result of restructuring the 1980 single family mortgage bonds were designated in the Part I CIP for..the•.ice.arena/outdoor pool project. It was also determined by the City Council than:::$5OO 0K:;$f::tommunity investment funds would be used for the municipal site''preparat 'oii'Whiah includes parking and roadway improvements for the law enforcement/munt-ipal o ter building, ice arena/outdoor swimming pool project and any other deve:l:opment that might occur in the future. City Councilmember Gustafson proposed th t the 340unt designated under Part I for the law enforcement/municipal center .building;:;:complex be reduced from the proposed figure of $2.5 million. He stated that there are no facilities for the youth of Eagan and that part of the amount designated for the municipal center/law enforcement project should be appropriated to the ice arena/outdoor pool project. City Councilmember McCrea also suggested a downscaling of the municipal center/law enforcement expansion due::: b the recession, downsizing: of municipal employees and other factors have imparted the space needs analysis that was recently completed by BRW. .:.:.8he::: ur hey.suggested that staff analyze other alternatives to providing office::spa00::tW4Ot be more cost effective than constructing a new addition to the municipal' center building. Mayor Egan suggested that the capital improvements progra: include a column that reflects property tax participation by the public or in:ikither words financing through the sale of general obligation bonds. City Councilmember Gustafson suggested that the community be challenged for financial assistance in the project or at least Special City Council Minutes December 17, 1991 Page 3 finance equipment such as the zaiIott WSC0teboard, boards and other related equipment. City Councilmember Wachter 'expressed his concerns about the need to allocate a part of the community investment funds for an addition to the public works maintenance facility. He stated that valuable equipment is stored outside the building due to lack of secured indoor storage space. City Councilmember Wachter suggested that the public::ronorks•:: 10.1.1tenanoe facility addition should be a high priority and moved to calendar::: ei993;::to satisfy the need for this capital project improvement. City Administrator Hedges 440 static :::that the Part II portion of the budget was reduced from $729,90Q:40::663 A2Q:.:.as:::directed by the City Council at the November 26 meeting. City:::A$ministrator:':Hedges further stated that this amount will be printed as a part of the 1992 operating budget toward the acquisition of capital equipment for that budget unless otherwise advised by the City Council. After a brief discussion, the City Administrator was directed to include as a part of the 1992 operating budget the capital equipment as presented totalling $663,120 as revised by the City Council as a part of the official council document for calendar y4ar;1992. OTHER''B'USSS There being no further biutsiness4 tfii meeting was adjourned at 10:00 p.m. TLH Date City Clerk MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 12, 1992 SUBJECT: INDEPENDENT SCHOOL DISTRICT 196/APPROVAL FOR ELEMENTARY SCHOOL ON WESCOTT DRIVE RAHN ROAD APPELLANT MOTION FOR CAUSE BIETER V. CITY OF EAGAN ASSESSMENT APPEAL ISD 196 According to Superintendent of Schools Red Rehwaldt of Independent School District 196, school board members may be contacting the City Council as early as Sunday evening regarding the zoning and preliminary plat for a new elementary school on Wescott Road, east of Denmark Avenue that is scheduled under New Business at the City Council meeting on Tuesday evening. Staff for both the School District and the City have been working diligently to resolve various issues that were raised by the Planning Commission and became conditions and reasons for the denial as stated throughout the text of the Council packet information. I wanted to alert you to this agenda item in advance of a school board member contacting you prior to the meeting on Tuesday. • RAHN ROAD APPELLANTS MOTION FOR CAUSE The City Administrator will include as an Administrative Agenda item on Monday an action item for the City Council to issue a check to the Appellants of the Rahn Road Motion for Cause in the sum of $5,593 as ordered by Judge Mansur. There will be more information coming on this item as a part of the Administrative packet. This is offered as a quick update in case any residents on Rahn Road should contact the City Council over the weekend wondering if this action is scheduled for the meeting on Tuesday. BIETER V. CITY OF EAGAN ASSESSMENT APPEAL Attached is a copy of the District Court action for the Stipulation of Dismissal with Prejudice on the Bieter Company v. City of Eagan special assessment appeal. The Bieter Stipulation of Dismissal with Prejudice was signed by their attorney, Joe Christiansen and Annette Margarit of the City Attorney's office. Upon signing the stipulation, the Bieter assessment appeal has been dismissed and the City can expect its payment pursuant to the assessment schedule. City Administrator cc: City Attorney Sheldon Director of Public Works Colbert TLH/vmd STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Bieter Co. , Court File No. C5918602 Petitioner , v. STIPULATION OF DISMISSAL WITH PREJUDICE The City of Eagan, a municipal corporation, Respondent. The Petitioner , Bieter Co. , and Respondent , the City of Eagan, through their undersigned counsel , hereby agree and stipulate that the foregoing special assessment appeal is hereby dismissed with prejudice by the Bieter Co. S . ►G, 4111110: BRI 'NT, .A. r• Dated: C y .d-(? , 1992 B � � g ■ •seph -111113 + ensen ' 165735 ) At ' •rney o P: titioners 5101 , -rno enue South Suite 400 Edina , Minnesota 55436 Telephone: ( 612 ) 927-8855 SEVERSON, WILCOX & SHELDON, P.A. 9 1 992 B 414. Aitt Dated : / y Annette M. Margarit //'V/ S—) Attorney for Respon nt 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley , Minnesota 55124 Telephone : ( 612 ) 432-3136