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11/05/1992 - City Council Regular 1 AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 5, 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) A> .(7.- A. PERSONNEL ITEMS ‘9. B. CANVASS BALLOTS, November 3, 1992, City Council Election G. C. 1993 Joint Powers Agreement - South Metro Task Force PfJ ( D. AUDIT Engagement/Deloitte & Touche, December 31, 1992, Audit 1 .,0 E. PROJECT 617R, Receive Feasibility Report/Order Public Hearing (Cedar Grove 3, 4, 5, P 6, & 9 - Street Reconstruction '2,0F. CONTRACT 92-09, Approve Change Order #1 (Great Oaks Addition) Z/ G. CONTRACT 91-F, Acknowledge Completion (Diffley Commons - Streets & Utilities) 2 ( H. PROJECT 640, Receive Feasibility Report/Order Public Hearing (St. Thomas Becket - Streets) IC 2.4..I. CONTRACT 93-01. Approve Plans/Authorize Advertisement for Bids (Maintenance Facility Expansion) V. 7:00 - PUBLIC HEARINGS (SALMON) .2�A. VACATE Drainage & Utility Easements, Lot 10, Block 7, Zehnder ir. VACATE Drainage & Utility Easements, Lot 4, Block 1, �HawthorneAWoods 1st Addition r . PROJECT 608, Final Assessment Hearing, Eagandale Center Ind Additions - Street Rehabilitation ustrial Park 3rd & 4th D. PROJECT 622, Final Assessment Hearing, Cedar Industrial Park - Street Rehabilitation P . PROJECT 590, Final Assessment Hearing, South Pilot Knob Road - Streets & Utilities VI. OLD BUSINESS (ORCHID) c ,tJ A. CONDITIONAL USE PERMIT, Tom Thumb, to Allow outdoor Storage in a Commercial Zoning ). District on Lot 1, Block 1, Bicentennial 1st Addition Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Section 16 (Request to Continue) B. CONDITIONAL USE PERMIT, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning (7' District on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, Located Along the North Side of Diffley Road in the SE 1/4 of Section 20 (Request to Continue) VII. NEW BUSINESS (TAN) ), C1( A. WAIVER OF PLAT, Wally Hafstad, Duplex Lot Split to Allow Separate Ownership, ,41L0 B. Lot 5, Block 5, Wilderness Run Road 5th Addition p rship, Located B. VARIANCE, Dart Transit, of 50' to the Required 50' Setback, Located at 800 Lone Oak Road 41...)C. VARIANCE, Don Prettyman, of 2% to the Allowed R-1 Zoning District Maximum Lot Coverage : of 20% for Lot 5, Block 1, Prettyman Heights I p NEW BUSINESS (continued) Y D. PRELIMINARY PLAT, Toby Stevens, Consisting of Two Lots on Approximately One Acre of f'" Previously-Zoned R-1 (Single Family) Land Located on the Southeast Side of Wuthering Heights Road in the SE 1/4 of Sec 18 (0/ E. REZONING, West Publishing 6th Addition/West Publishing Company, of Approximately 2.2 LI (Light Industrial) Acres to a PD (Planned Development) District, a PLANNED DEVELOPMENT AMENDMENT, Incorporating the Area into the West Publishing Planned Development, and a PRELIMINARY PLAT Consisting of One Lot on Approximately 4.7 Acres, Located on the North Side of Wescott Road in the SE 1/4 of Sec 13 577F. REZONING, Wenzel Addition/Wensmann Realty, of Approximately 40 AG (Agricultural) Acres to a PD (Planned Development) District Allowing a Mixture of Residential Uses, and a PRELIMINARY PLAT Consisting of 126 Units, Located Along the North Side of Diffley Road in the SE 1/4 of Sec 21 .y7 . PLANNED DEVELOPMENT AMENDMENT, Town Centre 100 - 11th Addition/Eagan Heights Commercial Park, of Approximately 3.7 Acres from CSC (Community Shopping Center) to LB (Limited Business) and Approximately 3.2 Acres from Limited Business to Commmunity Shopping Center within the Eagan Heights Commercial Park Planned Development, Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Sec 15 1 H. PRELIMINARY PLAT, Town Centre 100 - 11th Addition/Eagan Heights Commercial Park, Oj, e Consisting of One Approximately .6 Acre Lot and an Outlot, and a Conditional Use V Permit, to Allow an Automobile Service Station in a CSC (Community Shopping Center) District, Located Along the South Side of Yankee Doodle Road, West of O'Leary Lane i the NE 1/4 of Sec 15 VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 28, 1992 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 5,1992 CITY COUNCIL MEETING ADorr AGENDVAPPRowsumnets After approval is given to the November 5, 1992 City Council agenda, the regular meeting minutes for the October 20, 1992 meeting and special City Council minutes for September 10, 1992, the following items are in order for consideration. ::DEPARTMENT MAD Busuess There is not Department Head Business at this time. Agenda Information Memo November 5, 1992 City Council Meeting • OSNT N1. 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. Basketball Scorekeeper -- It is the recommendation of Recreation Supervisor Oyanagi that the City contract with Paul Bedney for the 1992-1993 winter adult basketball season to perform the basketball scorekeeper function. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Paul Bedney to preform the basketball scorekeeper function for the 1992-1993 winter adult basketball season. Item 2. Police Bargaining Unit/Early Retiree Insurance -- As the Council is aware, the 1992-1993 bargaining agreement with the Police Association contained a possible reopener if the City was not able to include pension eligible early retirees in its health insurance program and if the City and association were not able to come to agreement regarding the funding of this function. The Police Association has presented a proposal regarding this item which has been reviewed in detail by the Personnel Committee of the City Council. Please see the memo attached without page number for a summary of their findings. It is the recommendation of the Personnel Committee that the City Council accept the proposal of the bargaining association including the language presented in the memo. If the Council does not wish to accept this proposal, this item should be pulled from the Consent Agenda and discussed in an closed Executive Session since it regards collective bargaining. ACTION TO BE CONSIDERED ON THIS ITEM: To approve accepting the Police Association's proposal regarding health insurance for early pension eligible retirees. • .Ps Agenda Information Memo November 5, 1992 City Council Meeting PERSONNEL ITEMS (Continued) Item 3. City of Eagan Health Insurance Program/1993 « As the Council is aware, the insurance committee, which is comprised of representatives of all bargaining groups and departments in the City, has been meeting since January to study alternatives for health insurance for employees at the City of Eagan. Proposals for various types of programs were received from the City's current carriers, Group Health, MedCenters and Medica, and analyzed by the committee. A survey was taken of all City employees to determine their preferences. Finally, the Personnel Committee the City Council analyzed all the information. Enclosed on pages i( through is a memo regarding the proposals, the insurance committee's findings and the Personnel Committee's recommendation. It is the recommendation of the Personnel Committee that the City remain with the same three carriers for 1993 and, further, that the insurance committee remain active during 1993 to study various alternatives for 1994 and beyond. ACTION TO BE CONSIDERED ON THIS ITEM: To approve remaining with the same three health insurance carriers for 1993 and directing the insurance committee to remain active during 1993 to study various alternatives for 1994 and beyond regarding health insurance. • 3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: OCTOBER 29, 1992 SUBJECT: PERSONNEL COMMITTEE'S RECOMMENDATIONS/1993 HEALTH INSURANCE At the direction of the City Council, the Personnel Committee met on October 27, 1992 to review proposals for health insurance for City employees for 1993. As the Council is aware, representatives of each bargaining unit and each department in the City have been meeting as the City's "Insurance Committee" since January of this year in order to study the health insurance situation in general and also the City of Eagan's plans in particular. One of the main conclusions of the committee was that the major HMO health insurance companies in the State of Minnesota are currently in a state of transition. PHP and Share have merged and Group Health and MedCenters have merged. The mergers are so new that the companies have not come up with fresh ideas regarding proposals for coverage. It is expected, however, that those companies as well as Blue Cross/Blue Shield will have innovative programs to offer sometime during the summer of 1993. The insurance committee investigated whether it would be more advantageous at this time to keep the same three plans, to go exclusively with one company or to merge with the City of Apple Valley and go exclusively with one company. Insurance committee members and the employees at the City were aware that they would be submitting a recommendation to the City Council, but that the final decision regarding health insurance for 1993 would be the City Council 's. Proposals were received from the City's current three carriers, Group Health, MedCenters and Medica. (Blue Cross/Blue Shield originally requested to make a proposal but later notified the City that they did not believe they could submit a competitive proposal. ) The proposals submitted from the companies included plans if we stayed with the same three companies for 1993 and also varied plans if we went with one company exclusively. The insurance committee was basically disappointed with the proposals as submitted. Because of the transitions the companies were going through and because of a bad experience rating with MedCenters, the plans as offered were basically the same as existed or less attractive at higher rates. It was the insurance committee's recommendation that the City stay with the same three plans in 1993 and that the insurance committee remain active and continue to analyze different plans during 1993 for 1994. At that time, the committee envisioned going with one company with an advantageous plan or joining with another city to do the same. In the mean time, Apple Valley notified the City that their employees felt they were at least a year away from banding together with Eagan for health insurance purposes. This also was the conclusion of Eagan's insurance committee. Insurance committee members explained the various proposals to the City of Eagan employees in their groups. A survey was then taken of employees in which they were asked to indicate which plan they were currently with and what they would like the City to do in 1993, i.e. , stay with the same three plans, go exclusively with Group Health, go exclusively with MedCenters, or go exclusively with Medica. (Approximately 28 employees are currently with Group Health, 42 with MedCenters and 107 with Medica. ) The results of the survey indicated the majority of employees were split between staying with the same three plans and going exclusively with Medica. Very few employees wished to go exclusively with Group Health and even fewer wanted to go exclusively with MedCenters. The proposals and survey results were presented to the City Council 's Personnel Committee (Councilmembers Awada and McCrea) along with a background on the current state of the insurance industry. They looked closely at three alternatives: staying with the same three plans or going exclusively with Medica or with Group Health. It was the conclusion of the Personnel Committee to recommend to the Council that the City remain with the current three plans during 1993 for the following reasons. 1. The insurance industry, especially the HMOs, in the Twin Cities area is in a state of transition. 2. The new proposals as offered were not more advantageous than the current plans and, in some cases, were even less. 3 . It is likely that the City will be able to receive more attractive proposals during 1993 for 1994 because the companies should be developing and presenting new offerings. 4. The City's experience rating should improve by next year. 5. Because whatever decision is made for 1994 may require employees to change doctors, i.e. , if we go exclusively with one company, it would be unfair to require employees to do so in 1993 and then again in 1994. The Personnel Committee also recommended that the insurance committee remain operative and actively investigate new offerings during 1993 as well as the possibility of joining together with one or more cities for 1994 in order to expand the experience pool and probably be offered more attractive rates. Assistant too the Cy Administrator 5 Agenda Information Memo November 5, 1992 City Council Meeting CANVASS ELECTION BALLOTS B. Canvass Ballots, November 3, 1992 City Council Election--Minnesota statute requires that a municipality canvass the balance of an election within three days to make the results of the election official. A copy of the results of the November 3, 1992 election will be distributed with Additional Information prior to next Thursday's council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To canvass the results of the November 3, 1992 general election, and declare the results to be official. 1993 JOINT POWERS AGREEMENT SOUTH METRO TASK FORCE C. 1993 Joint Powers Agreement - South Metro Task Force--The City has received a copy of the Joint Powers Agreement for the units of government responsible for the South Metro Task Force's enforcement of controlled substance laws in their respective jurisdictions. There are no proposed changes from the 1992 agreement which is currently in effect. The cities of Eagan, Burnsville, Apple Valley and Lakeville and Dakota County continue as members. Enclosed on pages 'l through I a copy of the proposed Joint Powers Agreement for 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993 Joint Powers Agreement for Eagan's participation in the South Metro Task Force. 1993 JOINT POWERS AGREEMENT SOUTH METRO TASK FORCE THE PARTIES TO THIS AGREEMENT are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes S 471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers agree as follows: 1. Name. The parties did establish in 1988 and hereby maintain the South Metro Task Force. 2 . General Purpose. The purpose of this joint powers agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3 . Members The members of this Agreement shall consist of the following units of government: City of Burnsville City of Eagan City of Apple Valley City of Lakeville Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the South Metro Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds") . The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5. 1. The governing body of the Task Force shall be a Board consisting of six members. The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. Page 1 of 6 5.2. Board members shall not be deemed employees of the Task Force - and shall not be compensated by it. 5.3 . In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of four (4) members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1. The Board will formulate a program to carry out its purpose. 6.2. The Board will coordinate intelligence between the members and the Task Force. 6. 3. The Board shall appoint and supervise the Agent-In-Charge of the Task Force. 6.4. The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5. The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6. 6. The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7. The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8. The Board may recommend changes in this Agreement to its members. 6.9. The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10. The Board may decide to purchase liability insurance which shall be payable from Task Force funds. Page 2 of 6 7. Finances. 7. 1. The members intend to fund the 1993 cost of operation of the Task Force totaling $336,500. 00 as follows: (1) $155, 000. 00 from 1993 grant funds, and (2) $181,500. 00 in matching funds from member cities and County. The matching funds shall fund the continued cost of maintaining the replacement officers hired during 1988 for the officer assigned by each member to the Task Force. All funds will be spent in federally authorized program areas. 7.2. The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force secretary/treasurer. 7.3 . The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7.4. The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds from each member will be used to pay the 1993 salary of the officer hired in 1988 to replace the officer assigned to the Task Force. 7.5. The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.6. The Board may not incur debts. 7.7. The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $155, 000.00 in grant funds in 1993. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agents. 8. 1. Each member shall assign one experienced, licensed peace officer to serve on the Task Force on a full-time basis. 8.2 . Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. Page 3 of 61 8.3 . Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4. Agents will be supervised by the Agent-in-Charge. 8.5. The member appointing the Agent shall furnish the agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8. 6. The members shall maintain the officer positions hired in 1988 to replace the officer assigned to the Task Force. 9. Agent-In-Charge. 9. 1. From the agents assigned by members, an Agent-In-Charge shall be appointed by the Board and serve at its pleasure. The Agent-In- Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member. The difference between the rate of pay, if any, the Agent-In-Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Agent-In-Charge shall remain an employee of the member city or County. 9.2. The Agent-In-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent-In-Charge is responsible for staffing,, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management, and intelligence management. The Agent-In-Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent-In- Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-In-Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3. The Agent-In-Charge may exclude agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the agent to the Task Force. Page 4 of 6 10. Forfeitures, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided equally among Task Force members. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to off set equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Headquarters. The City of Eagan will furnish the Task Force, without cost, office space at 3830 Pilot Knob Road, Eagan, Minnesota 55122 . All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force by Eagan without cost. 12. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 13 . Duration. 13 . 1. This Agreement shall take full force and effect when all five potential members, listed in paragraph three of this Agreement, sign it. All members need not sign the same copy. The signed Agreement shall be filed with the city clerk of the City of Eagan, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 13 .2 . This Agreement shall terminate on December 31, 1993 , unless extended by further written agreement of the parties. 13 .3 . This Agreement may be terminated at any time by the written agreement of 3/5 of the members. 13.4. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the contributions of each member of this Agreement. Page 5 of 6 ( ( IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes S 471.59. Approved by the City Council CITY OF LAKEVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Approved by the City Council CITY OF EAGAN By - Date of Signature Attest Date of Signature Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. By Rod Boyd, Sheriff Date of Signature Dakota County Attorney's Office Dakota County Judicial Center Approv-d as to Fo 1560 Highway 55 Hastings, Minnesota 55033 ByA/� / % J 1 �g Telephone: (612) 438-4438 A sis =nt aunty torney Date of Signature (/7Z, ,Z Approved as to Execution by County By Assistant County Attorney C/K-93-2 Date of Signature • Page 6 of 6 Agenda Information Memo November 5, 1992 City Council Meeting AUDIT ENGAGEMENT/DELOITTE & TOUCHE DECEMBER 31, 1992 AUDIT D. Approve Audit Engagement with Deloitte & Touche, December 31, 1992 Audit--The City's auditing firm,Deloitte&Touche has prepared an engagement letter to cover auditing and arbitrage rebate calculation services for the City for the year ending December 31, 1992. Current City policy covering the selection of an auditing firm requires a Request for Proposal process covering a three (3) year period with up to three (3) one year annual extension, if approved by the City Council. The last three (3) year RFP covered the years ending December 31, 1989, 1990 and 1991. The proposal which is attached as pages f 4 through / 7 , covers the first one (1) year extensions. The proposal is consistent with previous services and is comparable to other cities of similar size and complexity. The proposed fee for auditing services (excluding arbitrage rebate calculations) for the year ending December 31, 1992, is $30,000. This compares favorably to the 1991 proposal of $28,000. The original proposal for 1992 was $32,000,however,staff negotiated the smaller increase and is now recommending acceptance of the proposal by the City Council. The actual amount paid for 1991 was $30,800. The turnover in Assistant Finance Directors and a couple of accounting changes required some additional hours of work by the auditing firm. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Deloitte and Touche as the independent auditors and providers of arbitrage rebate calculation services for the year ended December 31, 1992, per the terms of the engagement letter. Deloitte & Touche 900 Pillsbury Center Telephone:(612)333-2301 Minneapolis,Minnesota 55402-1483 Facsimile:(612)375-5418 September 14, 1992 The Honorable Mayor and Members of the City Council Eagan, Minnesota Dear Mayor and City Council Members: We are pleased to serve as independent accountants and auditors for the City of Eagan (the City). Mr.Jeff Radunz will be responsible for all services we perform for you. It will be the responsibility of Mr. Radunz to make sure that your management receives quality service. He will, as considered necessary, call upon other individuals with specialized knowledge, either in this office or elsewhere in our Firm. He will be assisted by Ms. Beth Monsrud, Manager, in the performance of our services. While auditing and reporting on your annual general purpose financial statements is to be the recurring basic service we provide, we would also like to assist you on issues as they arise throughout the year. Hence, we hope that you will call Mr. Radunz whenever you feel he can be of assistance. Audit of General Purpose Financial Statements: The purpose of our engagement to audit the City's financial statements for the year ending December 31, 1992 is to evaluate the fairness of presentation of the statements in conformity with generally accepted accounting principles, in all material respects. Our audit will be conducted in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States, which involves obtaining an understanding of the internal control structure, including the control environment, the accounting system, and the control procedures established by management. Based on our understanding, we will design our audit to provide reasonable assurance of detecting errors and irregularities that are material to the financial statements. However, because of the characteristics of irregularities, particularly those involving forgery and collusion, a properly designed and executed audit may not detect such items. Therefore, an audit conducted in accordance with generally accepted auditing standards is designed to obtain reasonable, rather than absolute, assurance about the general purpose financial statements. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and DeloitteTouche Tohmatsu International The Honorable Mayor and Members of the City Council September 14, 1992 Page 2 significant estimates made by management, as well as evaluating the overall financial statement presentation. The objective of our audit is the expression of an opinion on the City's general purpose financial statements. Our ability to express that opinion and the wording of our opinion will, of course, be dependent on the facts and circumstances at the date of our report. If our auditors'report requires modification, the reasons therefor will be discussed with you prior to its issuance. Management's Responsibility: We direct your attention to the fact that the financial statements are the responsibility of management. In this regard, management has the responsibility for designing effective internal controls, for properly recording transactions in the accounting records, for making appropriate accounting estimates, for safeguarding assets, and for the overall accuracy of the financial statements. Other Communications Arising from the Audit: In connection with the planning and the performance of our audit, generally accepted auditing standards require that we communicate certain matters to the City Council. We will communicate to the City Council, to the extent that they come to our attention, irregularities and illegal acts that are clearly not inconsequential, and reportable conditions. Reportable conditions are significant deficiencies in the design or operation of the internal control structure that could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. In addition, we will communicate to the City Council certain other matters related to the conduct of our audit, including, when applicable: • Significant accounting policies • Management judgments and accounting estimates • Significant audit adjustments (recorded and unrecorded) • Other information in documents containing audited financial statements • Disagreements with management • Consultation by management with other accountants on significant matters - r • The Honorable Mayor and Members of the City Council September 14, 1992 Page 3 • Difficulties encountered in performing the audit • Major issues discussed with management prior to our retention as auditor We may also have other comments for management on matters we have observed and possible ways to improve the efficiency of your operations or other recommendations concerning the internal control structure. With respect to these other communications, it is our practice to discuss all comments, if appropriate,with the level of management responsible for the matters prior to their communication to the City Council. Audit Reports: In connection with our 1992 audit, we expect to issue the following reports: • Our report on the City's Comprehensive Annual Financial Report for the year ending December 31, 1992 • Independent Auditors' Report on Compliance • Management Letter (including Independent Auditors' Report on Internal Control) • Audit Communications Letter Audit Timing: We plan to perform our interim field work in December 1992, and our final field work is scheduled to begin late March 1993. Final report drafts will be available for review with management in early May 1993. We expect to attend a City Council meeting in May or June 1993 to present the financial statements. • Professional Fees: Our fees are based on the amount of time required at various levels of responsibility,plus actual out-of-pocket expenses (travel, typing, report production, etc.). We estimate that our total fees for the audit, including management letter, compliance tests, and reporting thereon in accordance with the Minnesota Legal Compliance Audit Guide for Local Governments and presentation to the City Council, including out-of-pocket expenses, will be $30,000. LS/ r The Honorable Mayor and Members of the City Council September 14, 1992 Page 4 • We have quoted rates for recurring audit services for which we can reasonably estimate the time required to render services. These estimates assume that we will receive a comparable level of audit support as in 1991. It is our policy to request no additional fees for budget overruns unless such overruns are due to extensions of work requested by the City or because of circumstances not within our control. In these situations, we would discuss the condition with management prior to incurring any additional time. It is our desire to closely control audit time and fees. This is best accomplished by good communication with your personnel during the planning phase of the audit. This allows us to jointly determine requirements, assign tasks, and minimize overlapping and duplicative work. Tax Services: As requested, Deloitte &Touche will calculate the arbitrage rebate amount,if any, and will issue an arbitrage rebate report for the following bond issues with the following estimated fees: Bond Issue Estimate $13,400,000 General Obligation Improvement Bonds, Series 1988A $1,000 - $1,200 $9,235,000 General Obligation Improvement Bonds, Series 1989A $1,000 - $1,200 $9,300,000 General Obligation - Revenue Water System Bonds, Series 1990A $1,000- $1,200 $5,250,000 General Obligation Improvement Bonds, Series 1990B $1,000- $1,200 In addition, Deloitte &Touche will read the following bond issue documents to ensure that they are in compliance with the Escrow Account Investment Proceeds section of the their respective Arbitrage Certificates and will issue a report for each issue with the following estimated fees: Bond Issue Estimate $1,220,000 General Obligation Refunding Improvement Bonds, Series 1990D $0- $400 11 The Honorable Mayor and Members of the City Council September 14, 1992 Page 5 Bond Issue Estimate $3,290,000 General Obligation Improvement Refunding Bonds, Series 1991A $0- $400 $2,440,000 General Obligation Park and Recreation Refunding Bonds, Series 1991B $0- $400 $5,460,000 General Obligation Improvement Refunding Bonds, Series 1992A $1,000- $1,200 $3,540,000 General Obligation Improvement Bonds, Series 1992B $1,000- $2,000 $400,000 General Obligation Equipment Certificate of Indebtedness, Series 1992C $500 Our fees for tax services are based on our best estimate of the charges you will incur provided we receive complete information from you. Any research that may be required during the course of our engagement will be billed separately. You will be notified in advance if we think it is necessary to research an issue. Any additional charges will be billed at our usual standard rates. In addition, in connection with our audit of the City's 1992 financial statements,we will perform certain procedures (e.g., inquiries) to ascertain that no significant changes on the arbitrage rebate status exists for the following bonds: • $1,850,000 General Obligation Facilities Bonds, Series 1988B • $290,000 General Obligation Equipment Certificates of Indebtedness Bonds, Series 1989B • $250,000 General Obligation Equipment Certificates of Indebtedness, Series 1990C • $600,000 General Obligation Equipment Certificate of Indebtedness, Series 1991C We appreciate the opportunity to continue to provide professional services to the City. ( g The Honorable Mayor and Members of the City Council September 14, 1992 Page 6 If the above terms are acceptable to you and the services outlined are in accordance with your understanding, please sign the copy of this letter and return it to us. If you have any questions, please call Mr.Jeff Radunz at 375-5546. Yours truly, be- -- — 7;cc _ Accepted on behalf of the City Council by: Signature Date Agenda Information Memo November 5, 1992, City Council Meeting RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING CEDAR GROVES 3, 4, 5, 6. 7 & 9 (STREET RECONSTRUCTION) E. Project 617R, Receive Feasibility Report/Order Public Hearing (Cedar Groves 3,4, 5, 6 & 9 - Street Reconstruction)--On July 2, the Council authorized the preparation of a feasibility report for the Capital Improvement Program reconstruction of the streets within the Cedar Grove 3, 4, 5, 6 & 9 Additions. This feasibility report has now been completed and is being forwarded to the City Council under separate cover with the Administrative Agenda for their consideration of scheduling a public hearing to formally present and discuss the proposed improvements. With over 700 properties being affected by this proposed improvement, staff is scheduling an informational neighborhood meeting to be held at 7:00 p.m., on Monday, November 16, at Mary, Mother of the Church in Burnsville. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 617R (Cedar Grove 3, 4, 5, 6 & 9 Additions - Street Reconstruction) and schedule a public hearing to be held on December 1, 1992. APPROVE CHANGE ORDER #1 (GREAT OAKS ADDITION) F. Contract 92-09, Approve Change Order #1 (Great Oaks Addition)--This Change Order consists of two parts described as follows: Part A: At the request of the developer, a sanitary sewer lateral was augured underneath three large trees to avoid the removal through an open excavation. (Add $6,084) Part B: Install a 16" butterfly valve in lieu of a gate valve. (Deduct $1,000) The net result of these two parts of the Change Order result in an additional $5,084 to the contract which will be fully assessed to the development. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 92-09 (Great Oaks Addition) and authorize the Mayor and City Clerk to execute all related documents. CQ—C) Agenda Information Memo November 5, 1992, City Council Meeting ACKNOWLEDGE COMPLETION (DIFFLEY COMMONS) G. Contract 91-F,Acknowledge Completion(Diffley Commons-Streets&Utilities)--City staff has received a request from the developer of the Diffley Commons Addition for formal acknowledgement of completion of the public infrastructure facilities installed privately under the terms and conditions of the development agreement. Diffley Commons is located on the north side of Diffley Road between Rahn and Blackhawk Road. All inspections have been performed by representatives of the Public Works Department and found to be in conformance with the plans, specifications and City standards. Therefore, it would be in order for the Council to formally acknowledge the completion of this development contractual requirement and authorize perpetual City maintenance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Contract 91-F (Diffley Commons - Streets & Utilities) and accept for perpetual City maintenance subject to appropriate warranty provisions. RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (ST THOMAS BECKETT) H. Project 640, Receive Feasibility Report/Order Public Hearing (St.Thomas Beckett - Streets & Utilities)--In response to a petition submitted by representatives of St. Thomas Beckett Church, the City Council authorized the preparation of a feasibility report for the installation of utilities and Trunk Highway 3 street improvements. This feasibility report has now been completed and is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss the proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 640 (St. Thomas Beckett - Streets & Utilities) and schedule a public hearing to be held on December 1, 1992. = a� Agenda Information Memo November 5, 1992, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (MAINTENANCE FACILITY EXPANSION) I. Contract 93-01, Approve Plans/Authorize Ad For Bids (Maintenance Facility Expansion)--On September 17, the City Council approved the feasibility report for the Cold Storage Expansion to the Central Maintenance Facility and authorized the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their authorization to formally solicit competitive bids. As a part of the final detail plan preparation, an informational neighborhood meetin was held on October 6 with any interested adjacent property owner. Enclosed on page is a summary of that meeting and those who were in attendance. Staff will be available to address any part of the plans that may interest the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 93-01 (Maintenance Facility Expansion- Cold Storage Building) and authorize the advertisement for a bid opening to be held on Thursday, December 3, 1992, at 2:00 p.m. MAINTENANCE FACILITY COLD STORAGE BUILDING EXPANSION PROJECT 637 - CONTRACT 93-01 MINUTES FOR INFORMATIONAL MEETING - OCTOBER 6, 1992 On October 6, 1992, at 5:30 p.m., a neighborhood meeting with adjacent property owners was held at the Maintenance Facility. Invitational letters were sent to 14 property owners. In attendance were: Arnie Erhart - Superintendent of Streets Tom Colbert - Director of Public Works Jeff Oertel - B.R.W. Architects, Inc. Wade and Kathleen Olson - 3501 St. Charles Place Jerry McNeil - 1629 Boardwalk After the presentation of our needs and plans for a cold storage building, we asked for questions or input of the neighbors. Comments: 1. Would like to be informed of final plans and schedule for construction. 2. Prefer soft tones on building - not just concrete finish. 3. Would like the concrete panels on the existing building painted to match the new cold storage building. 4. Do not want a light on the east side of the building. 5. Landscape plan was discussed with agreement that our present plan will complete the landscaping on the east and south end of the property. 6. Neighbors were interested in what the building would be used for and what activities would be performed in this building. It was explained that it was primarily to be used for storage of vehicles and materials. 7. Concern was expressed about the Chinese Elms that are growing in the fences. We said we would follow up on their concerns and to call us if they have other concerns about our operation. 8. They said the consensus of the residents was that we were good neighbors and have responded to their needs. 9. A tour of the Maintenance Facility was provided after the meeting. Minutes Respectfully Submitted By: Arnie Erhart Superintendent of Streets AE/cm cc: Tom Colbert, Director of Public Works" Jeff Oertel, B.R.W. Architects, Inc. c), 3owp:co/dsfor.age Agenda Information Memo November 5, 1992, City Council Meeting ' C » VACATION (LOT 10, BLOCK 7, ZEHNDERS ACRES) A. Vacate Drainage & Utility Easement (Lot 10,Block 7,Zehnders Acres)--On October 8, the Council received a petition to consider vacatin ortion of a drainage and utility easement located as shown and described on page and scheduled a public hearing to be held on November 5. All notices have been published in the legal newspaper and sent to all potentially affected parties. As of this date,staff has not received any objections to the requested vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and vacate the drainage and utility easement as described over Lot 10, Block 7, Zehnders Acres. c24 . _ .s \ 0 • J Y r : . . t• . : . i ( . • • N)1.› • ,_ O / I ;� `p Pl I y ; t0 i. l ca . r ) i rz • - I' �' 01 � Il; • ' 1• '" :. ‘n x I 41----------)■ I 1 . ' . ....IS — \ 0 • \i•.},...,— ike_ - (–) . 4, , 7 • . i . : -,,... ,..k w c.......- A ..\ \ -A:„.t._ _ , L.:— — , < . ,--„, ••.5 ..... .. ,,,, .... .. __ .,, .,...,... ....J.:9., ..,1 . ., \,.. .. ..._ \ , , , ., -- ; <I ,� et I \ ,i . to . • I _, . Its 3y 1 �� '� I 11 - • :t U 1 As •' X11 (� a0 ' :, S 4' �'� f. ;d _ A i :D �. \ ' �' -Cr' \ / i Z• . " F. \. I k � 1 , ? \. • . VI t -, 0 0 – – V ' Cfi \ , I I ., g a z§.S 8.m m 3 g m a f*1 f •.•� ( (U m� a 7az y co m Z Z 074, RA KQ 1 a � - . 2 .1.<0 . s - w - a g.• - t, • , • EffilikEgg _ m 0 7C VI 1 ,,•-� .' . t . _�J � to lgtmo_s[l� o .a g . , 9' I (% f0 (n S_ . • Qg 1 �l� t • L �.. mX� o N "'» \ * _ o • ✓• •,' I • `Y I C. is!�Ruz io g N 0 t -e to• ' (2 S ( .- P5 coStog g Agenda Information Memo November 5, 1992, City Council Meeting VACATION (LOT 4, BLOCK 1, HAWTHORNE WOODS 1ST ADDN) B. Vacate Drainage & Utility Easement (Lot 4, Block 1, Hawthorne Woods 1st Addition)--On October 8, the City Council received a petition from the developers of the Hawthorne Woods West development to vacate the common lot line drainage and utility easements, as shown and described on pageS7 , over Lot 4, Block 1, Hawthorne Woods 1st Addition, as necessary to allow its replatting into the Hawthorne Woods West development. Subsequently, the City Council scheduled a public hearing to be held on November 5 to formally discuss and review this requested vacation. All notices have been published in the legal newspaper and sent to all potentially affected parties. As of this date, staff has not received any objections to this request. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the drainage and utility easement as described over Lot 4, Block 1, Hawthorne Woods 1st Addition. C)(° - `►o� ar .p��• I SOt/fh line d!v poi . C t �L 2 vN a �• I I of 4'E54 of CJI aov I,A, I o�. o •!. I0 LEGAL DESCRIPTION -- All easements on Lot 4, Block 1, as recorded on Plat of Hawthorne Woods 1st Addltior L -" r 586.32'08'M 145.63 i / / 1 s,'/ • o. Vi / O, 6t 411 lop •� \• / / t 1 IN % 0.N \*. / / - IN W ) !1 / W ° • . Ps I �e 63 •/ ..--- o It '.� 'k 01 O s / c .o • ds M -�m • O I ...0" .00" •�2 e• O. i • .1., 56 atir \ ..•••••• �_ 1,/ G ° .o 4\ 4%. . f / \e,0 l{ IV •-‘- ' 1° • N/ '\ / �' . � ,.�_' °o' : j \ �i vy p � a X ;ao.N N�. • / 41 , OZ O T • Geo r- `e"�\eo d� v / t■ OCyt 4 C mom was Z° A`� / ., N.,�'`� z , <"• y / .* v'-�° \ Z '1; • f N -•-•660.00 - ■e N•� T o o T; .• . f CO Vi.... .. ...e,..r...../''.. <‘ ,%•■fil\IS). ) •., • OS‘ • iv r` •■••%....4....... # tteG \N . ,Z.42.... ``SAO v L.nt pOrc-g. 41.1011)Mes .155 • . A ' t•�... 1 ,�► L•J '--- 1�,sid; -?•, .RESTRICTIVE S'SIDE LOT E$ T.. ' t;'�: ON REPLATTED UNDERLYING -L.61'4-, BLOCK i ,FHAwT14ORNE Woot>ws: ;k . JP 1ST ADDITION To BE VACA . PART OF HAWTHORNE WOODS WEST --..-3-.44.- : . Z i /Q ' A / Agenda Information Memo November 5, 1992, City Council Meeting FINAL ASSESSMENT HEARING (EAGANDALE CENTER INDUSTRIAL PARK 3RD & 4T1I ADDITION) l C. Project 608,Final Assessment Hearing(Eagandale Center Industrial Park 3rd&4th Addition-Structural Overlay)--On October 8,the final assessment roll was presented to the City Council for the above-referenced project and the public hearing was scheduled for November 5 to formally present and discuss any concerns associated with the final assessable costs for this project. Although an informational meeting was scheduled for Wednesday, October 21, no property owners owed up to discuss any concerns or questions they may have had. Enclosed on page p7 is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on July 2, 1991. As you will notice, the final assessment rates are substantially below those originally estimated. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. Staff has not received any objections to this roll as of this date. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 608 (Eagandale Center Industrial Park 3rd & 4th Addition - Structural Overlay) and authorize its certification to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBER: 608 ASSESS/SEPT BEARING DATE: November 5. 1992 SUBDIVISION/AREA: EACANDALE CENTER IND. PUBLIC HEARING DATE: July 2, 1991 PARKS 3RD & 4TH I1tPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F.R. FINAL P.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES 0 Trunk 0 Trunk ['laterals 0 Laterals Service 0 Lat. Benefit/ Trunk Lat. Benefit/ Trunk WATER STREETS Over l Trunk ® Bxaw*1 a AAA $ 12.01/ff $17.80/ff Driveway Entrance Laterals lxj Surfacing $24.22/sq.yd, $50.73/sq.yd, Service 0 Res. Equiv. Lat. Benefit/ 0 Multi Equiv. Trunk • C/I Equiv. ❑WAC O Trail SERVICES STREET LIGHTS Water & San. Sewer ® Installation $.427/ff $.71/ff Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $ 550,697.41 F.R. —0— F.R. 91-06 105 10 Yrs. 6.5 • 150,246.71 -0- COMMENTS: :72-5\ Agenda Information Memo November 5, 1992, City Council Meeting FINAL ASSESSMENT HEARING (CEDAR INDUSTRIAL PARK) D. Project 622,Final Assessment Hearing(Cedar Industrial Park-Structural Overlay)- -On October 8, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on November 5. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on June 16, 1992. As can be seen, the final assessment rates are substantially below those estimated at the public hearing. In addition, an informational meeting was held on Thursday, October 22, to present this information to the affected property owner and answer any questions or concerns they may have. However, no one showed up. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing of November 5. As of this date, staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 622 (Cedar Industrial Park - Structural Overlay) and authorize its certification to Dakota County. 5 /3 FINAL ASSESSMENT HEARING PROJECT NUMBER: 622 ASSESSMENT HEARING DATE: November 5, 1992 SUBDIVISION/AREA: CEDAR INDUSTRIAL PARK PUBLIC HEARING DATE: June 16, 1992 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. — Feasibility Report FINAL F.R. FINAL F.R. SANITARY SERER RATES RATES STORM SEVER RATES RATES Trunk 0 Trunk - Laterals 0 Laterals Service 0 Let. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS Overlay© SARXRkxl*tf $14.80/ff $18.00/ff Driveway Entrance El Laterals _ © imxi QAn8 $29.46/sq.yd. $46.81/sq. yd. Service 0 Res. Equiv. 0 Lat. Benefit/ 0 Multi Equiv. Trunk C/I Equiv. O WAC 0 Trail ,SERVICES STREET LIGHTS 0 Water & San. Sewer ® Installation $3.20/ff $2.19/ff Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $257,608.00 F.R. $2,730.00 F.R. 92-06 28 10 Yrs. 6.5 % $194,835.42 $4,083.00 COMMENTS: Agenda Information Memo November 5, 1992, City Council Meeting FINAL ASSESSMENT HEARING (SOUTH PILOT KNOB) E. Project 590, Final Assessment Hearing (South Pilot Knob Road - Street Improvements)--On October 8,the Council received the final assessment roll for the above- referenced project and scheduled a public hearing to be held on November 5 to formally present and discuss the proposed assessments associate with the upgrading of Pilot Knob Road south into Apple Valley. Enclosed on page is a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on May 17, 1990. As can be seen, the final assessment rates did not change from those presented at the earlier public hearing. An informational meeting was held on Monday evening, October 26, to review the roil with any property owner who may have concerns regarding the project or its final assessment costs. There were several concerns rais d at that neighborhood meeting which are identified by the report enclosed on pages through .3?. Although the County was not in ttendance at that meeting, they have s bmitted a written objection enclosed on pages through . The City Attorney's Office and Engineering Division will be researc mg the basis' or `the County's concerns and will be responding to them with a status report provided at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and 1) adopt the assessment roll as presented for Project 590, or 2) adopt the modified assessment roll for Project 590 as presented and authorize its certification of either to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBER: 590 ASSESSMENT HEARING DATE: November 5, 1992 SUBDIVISION/AREA: PILOT KNOB ROAD PUBLIC HEARING DATE: MAY 17, 1990 REBECCA LANE SOUTH TO APPLE VALLEY IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. — Feasibility Report FINAL F.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ❑Trunk ❑ Trunk .075/sf .076/sf C/ []Laterals ® Laterals .062/sf .064/sf MF .050/sf .051/sf SF [' Service ❑ Lat. Benefit/.025/sf .026/sf PAR Trunk ❑ Lat. Benefit/ Trunk WATER STREETS OTrunk ❑ Gravel Base []Laterals L! Surfacing tricted Access $20.00/ff $ 20.00/ff O Service Res. Equiv. 40.00/ff 40.00/ff ['Lat. Benefit/ © Multi Equiv. 68.15/ff 68.15/ff Trunk © C/I Equiv. 90.35/ff 90.35/ff ❑WAC © Trail N/A 8.10/ff SERVICES STREET LIGHTS ❑ Water & San. Sever ❑ Installation [' Energy Charge CONTRACT A OF INTEREST AMOUNT CITY NO PARCELS TERMS RATE ASSESSED FINANCED $273,693.00 F.R. $625,887.00 F.R. 31-26 Yrs. $ �� �� R_5 $.199,n61_92 $375,611 73 COMMENTS: MEMO TO: MAYOR & CITY COUNCIL % THOMAS L HEDGES CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 30, 1992 SUBJECT: PROJECT 590, SOUTH PILOT KNOB ROAD RECONSTRUCTION FINAL ASSESSMENT ROLL MODIFICATIONS At 7:00 p.m. on Monday, October 26, City staff held an informational neighborhood meeting regarding the above-referenced project at the Fire Administration Building. Attached to this memo is an attendance sheet identifying the 5 property owners who had questions and concerns. After explaining the project and the final costs, all comments pertained to two issues addressed as follows. Storm Sewer Four of the five property owners in attendance are located on the west side of Pilot Knob Road and strongly disputed their inclusion in the assessable drainage boundary for participating in the costs of the storm sewer laterals constructed within Pilot Knob Road. There was a question about the accuracy of the drainage boundary as it went through the rear yard areas of the Hillcrest Addition on the south side of Rebecca Lane. Those property owners also contended that any drainage would be directed into a portion of the Diamond T Ranch property to a low point that would never overflow into the City's storm sewer system. After a field review by staff, it is still difficult to determine the actual drainage boundary for the Hillcrest Addition properties to a specific degree of accuracy. However, it was confirmed that all surface water runoff does in fact get intercepted by a landlocked drainage basin within the Diamond T property. It is recognized that it would not overflow into the Pilot Knob Road storm sewer until such time as that property were to develop and additional storm sewer laterals were extended. Therefore, staff is recommending that this assessment roll be amended to delete the storm sewer lateral assessment for those properties located west of Pilot Knob Road. 1 3 Street Improvements Two of the three property owners who take direct driveway access to the west side of Pilot Knob Road questioned the benefit received from upgrading a rural two-lane County road to a five-lane urban arterial with trailways on both sides as it pertains to their single- family homesteaded use of the property. Two of these parcels have frontage of approximately 165' and the third parcel has frontage in excess of 400'. They were assessed $20 per front foot which is 1/2 the residential rate. After reviewing this issue in further detail and discussing it with the City Attorney's Office, it is felt that the City's Special Assessment Policy for street improvements has been properly applied, an no adjustment is being recommended. Summary Therefore, the attached amended assessment roll is being presented to the City Council for their consideration at the final assessment hearing on November 5. A copy of this information is being sent to the affected property owners as well. Respectfully submitted, Director of Public Works TAC/jj Attachment: Amended Assessment Roll 2 NEIGHBORHOOD MEETING PROJECT 590 SOUTH PILOT KNOB ROAD STREETS i UTILITIES MONDAY, OCTOBER 26, 1992 NAME ADDRESS 1. /goes 4 , #4cLeeteco 108 i €cc4 l� awe/ ,,//Rir r K4 yri Pk 3. *1.4‘GK. C��S 4 �V--O C Ca 1-..►cJ 4. 0a,,,t,:eI f $c 4171 (,ion &C 5L2yet),(A4tecci apyta4444.. 4 5 10:41,1- 4 6. 7. 8. 9. 10. l; t2.1. (i■ }Ff 6)l r`I 7-4/-7=- 11. - /19/Kl- �-' Ci:7Z-rSChF It 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 5 (0 P0 0 0 0 .O N N •O S O N M O O N N O O O O O O O O O O O P O O O O f" N O O O O I- h N M app, P M S O O V . O O O O 0 0 0 0 0 0 0 O� M M IAMB N M N N MMM`M I.- M N M O N d M .P- 0 ` M M M 1 M O .- M ta 1 .- M •- 1 p N • J N M 0 0 0 0 0 0p pp p p 0 p p p p p p Nn N M .O O O VM1 O O O N O O O O O O O O O O 5N i n p N O O O O O N N M E 0 0 1 O O O P O O O O O O O O O O O 1111 pp op .O M x 0 2 SI In •O A M M M N M `^ N M 1 M 1 OLN 0. II N is N O O O O O O O O O O O in O O O O O O O O O O O O O 0 O CC < p O O O O O O O O O O O N O O O V1 O O O O O O O O O O O O f� I J t d 4 O O P 0 0 0 N O O O P M O O O �C N O O O o O O O O O O O O O O Z II P f`M1 A.p C� M N to Y ~ El 3 H /".. « II OO 2 Z a CO W . N X . w, N Z W V W -' < $ U I- - W Z y N S °4 OL m 0. M M M M M .t J 1 4 M 4 .4 4 A A _J M M M M M M M M M M M M p„ I- I- F aa Z ss = N V/ CA ppIA� pVI I N N p N/ VI pVI I N O U O O W tZt U U U R7 U U U U U U U U U U U U U U U U U U U V U V 4 i.7 J J J J J J J J J J J W W W W W W W W W W W W W W MiVS = 4 _ _ = XS = y. y vy1 y1 Yy1 - N YN1 O O O - O O P 1- N _ = = = = N N V1 In V1 on in M In in V1 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 1 0 0 0 0 0 0 0 0 0 0 0 0 pp 0 pp 0 E O N O.. O N O �}} O ,yy •-I- IM OO O O O O O O 0 O O O 0 OO N O000 O � I Opppp .0 K w K O MM MM M A A M M A A A M M AN ppN N N N N N N O 6. O O O O O O O O O O O O O O .- N M M M M M M M M M M M k0000000000000000000000000000 • ... 31 RELE'VED t 2 8 22-2 OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY N. ► Dakota County Judicial Center Telephone 1560 West Highway 55 (612)438.4438 Hastings. Minnesota 55033 Charles A.Diemer,Chief Deputy October 27, 1992 MICHAEL P. FOERTSCH ASSISTANT CITY ENGINEER CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122-1897 RE: Project 590, Special Assessments for South Pilot Knob Road - Our File No: C--S 2--309 Dear Mike: This letter is to provide the City of Eagan with notice of the fact that the Dakota County Parks Department objects to special assessments being proposed for five parcels of property registered to the Parks Department for the Pilot Knob Road project. Those parcels are as follows: 10-22540-220-02 10-03300-010-77 10-03400-010-52 10-03400-010-55 10-03400-030-50 Barb Schmidt, Director of the Parks Department, received a notice of assessment hearing on this project. The assessments for the parcels registered to the Parks Department indicate that Parks is to be billed $208,450.32 . That is 65 percent of all of the special assessments proposed for your Project No. 590. It is the feeling of the Parks Department that those special assessments greatly exceed any special benefit conferred upon the .and by this improvement project and fail to take into consideration all of the contributions made by the Parks Department to hold the costs of this project to a minimum. When this matter goes to the City Council on November 5, I would ask you to advise the City Council that the Parks Department has made the following concessions to this project in an effort to hold the costs down: 1. Parks donated land for ponding areas on the west side of Pilot Knob Road without compensation. 2. Parks donated approximately 4.4 acres of land for permanent highway easements and approximately 4.3 acres of land for temporary easements. There was no compensation to Parks for any of these easements. Criminal Division Juvenile and Family Services Division Civil Division Robert R. King Jr.Head Donald E.Bruce.Head Karen A.Schaffer.Head Director of Administration �� Victim/Witness Coordinator Norma J.Zabel Patricia JV� Ronken tI An Equal Opportunity Employer °04W-'� Letter to Michael P. Foertsch Page 2 October 27, 1992 3. Parks donated approximately 70,000 yards of fill material to be used on the project. At $1.00 per yard, that is a contribution of at least $70,000.00. 4. Parks gave up the one existing road access from Pilot Knob Road to county parkland. There are now no direct accesses from any parkland to Pilot Knob Road. The only access to the Park's property is by way of Carriage Hills Drive. If there is no direct access from the land to the road, Parks does not believe that the land has benefitted by upgrade of the road. The City of Eagan hired Bonestroo, Rosene, Anderlik & Associates to prepare a preliminary assessment roll for Project No. 590 back in April of 1990. At that time, the entire preliminary assessment roll for storm sewer bituminous trail and street improvements was approximately $274, 000.00. The City is now trying to recover costs in excess of $320,000.00. Of that amount, the County is being billed for 65 percent. We believe the special assessment to be unfair and inequitable. I would ask that you and the City staff carefully review this assessment before the City Council addresses this matter on November 5, 1992. If the special assessment is levied as set forth in the notice of assessment which we received, I have been asked to prepare a notice of appeal to the assessment and pursue this matter in District Court. Please give this matter your immediate attention. If you would like to meet with the Park's director or any other County staff and me to discuss resolution of this assessment, please give me a call. Since ely, J. S CK TROM D' I•T lT ATTORNEY B . ' lc ate. Ring Assistant County Attorney MRR:jlo Enclosure cc: Barb Schmidt, Parks Director Brandt Richardson, County Administrator Louis J. Breimhurst, Physical Development Director Jack Ditmore, Physical Development David L. Everds, County Engineer L/C-92-309 33\ Agenda Information Memo November 5, 1992 City Council Meeting SRP w TSS CONDITIONAL USE PERMIT/OUTDOOR STORAGE TOM THUMB/YANKEE SOUARE A. Conditional Use Permit, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning District on Lot 1, Block 1, Bicentennial 1st Addition Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Section 16--Applications have been received of Tom Thumb stores for the above referenced conditional use permit as well as that for the business item immediately following. At the present time, the outside storage issue is scheduled to be discussed in a joint City Council/Advisory Planning Commission work session on November 24, 1992. As a consequence, it is recommended that this item be continued to the December 1, 1992 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the condi- tional use permit for Tom Thumb to allow outdoor storage in a commercial zoning district at Yankee Square Shopping Center until the December 1, 1992 City Council meeting. CONDITIONAL USE PERMIT/OUTDOOR STORAGE TOM THUMB/BLACKHAWK PLAZA B. Conditional Use Permit, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning District on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, Located Along the North Side of Diffley Road in the SE 1/4 of Sec 20--An application has been received of Tom Thumb for a conditional use permit for outdoor storage at the Blackhawk Plaza location as well. for the reason outlined above, it is recommended that this item be continued until the December 1, 1992 as well. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the conditional use permit for Tom Thumb to allow outdoor storage in a commercial zoning district at Blachawk Plaza until the December 1, 1992 City Council meeting. Agenda Information Memo November 5, 1992 City Council Meeting NEVV BUSINESS DUPLEX LOT SPLIT/WILDERNESS RUN ROAD A. Waiver of Plat,Wally Hafstad, Duplex Lot Split to Allow Separate Ownership, Located at Lot 5, Block 5,Wilderness Run Road Fifth Addition--An application has been received of Wally Hafstad for duplex lot split for property located at 1339 - 1341 Easter Lane. For additional information with respect to this item, please refer to the Co unity Development Department staff report which is enclosed on pages Lfrirough� for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Wally Hafstad for a duplex lot split to allow separate ownership located at Lot 5, Block 5, Wilderness Run Road Fifth Addition as presented. SUBJECT: WAIVER OF PLAT (DUPLEX LOT SPLIT) APPLICANT: WALLY HAFSTAD LOCATION: 1339-1341 EASTER LANE EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: NOVEMBER 5, 1992 • DATE OF REPORT: OCTOBER 28, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat to allow individual ownership of a duplex lot located at 1339-1341 Easter Lane. Utilities have only been provided to one side of the duplex. Separate utilities will be required for each unit. The existing structure meets, or exceeds all setbacks and lot coverage requirements. If approved, this Waiver of Plat(duplex lot split) shall be subject to the following conditions: 1. Separate utilities shall be provided to each unit. 2. All applicable Code requirements. • .,.-•-•.4 r • J _ O ® OS ORO HIL S RD. BE qR1 PAT(H n ' O RWOOO ;.' PAR,, Ot O. + _' - P i - 4,PATH s - .1 ,, it „, s z P ,i't I . 45Y. ■15-F t, 1 P 0 No 30 1 HEINE CT r kr vs - /la�" v j_• •it 4494 . )-„ ; it. 111 441"!re 1* 1MS•N L ;[j ' + 1 _ - I _ S-FR PT. C1 I ST .� _,�j 'A K" > N may, , ,F aarcol u e,�QNNE:. T 1;3 h Q. _l O V .....- 1 1 •J ~ • ST:'I La 10011� 0 g . oF q.)_.-- Certificate for: kik: 154/52 South Country Realty 1570 Century Point AN Eagan, MN 55121 DELMAR H. SCHWANZ IANO SUAVEroaS.INC •eer«e I Una.,tows of TM SIN.et Mlnnesora 11750 SOUTH ROPERT TRAIL ROSEMOUNT,MINNESOTA SSOSS 512/123.1769 SURVEYOR'S CERTIFICATE (J\ D/ :77/6,-j/ 1.341 1- 13' 9 loco Hel- 511-03 E fig.00 • (01.,11- ® o 53�5e I I I %,\ 1 8 o H ■ H tercel A Parcel B 5 0 M a ? _h r 3 I tit II L jz 0 O 1 Erti5TiNb R✓It-ofwer1 O t1 Scale: 1 inch = 30 feet Z !AR Z n Denotes iron monument —7 — M - -- IA _f V r/t-rrr EHSE'e& T _,� 3�.3�- �t`®_ 52,45 0 ...--------� g8 1,489- sy_o3 E 87.77 75 nty71 C R: ? - m t • _1 E4sTE1e _ LAN/6" t Parcel A That part of Lot 5, Block. 5, WILDERNESS RUN FIFTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of &lland:described as beginning at a point on the north line of said Lot 5 distant 53.58 feet west from the northeast corner of said Lot 5; thence southerly to a point on the south line of said Lot 5 distant 52.45 feet west from the southeast corner of tsaid Lot 5, and said line there terminating. Parcel B That part of Lot 5, Block 5, WILDEPNESS RUN FIFTH ADDITION, according to the recorded , plat thereof, Dakota County, Minnesota, lying easterly of a line described as beginning ' at a point on the north line of said Lot 5 distant 53.58 feet west from the northeast corner of said Lot 5; thence southerly to a point on the south line of said Lot 5 distant 52.45 feet west from the southeast corner of said Lot 5, and said line there terminating. Both parcels subject to easements of record. I hereby certify that Ihis survey.plan or report was 4� ,1!'j F S` prepared by me or under my direct supervision and .��.♦ \-"•' U,•_,• that I am•duly Repast Minnesota land Surveyor under` I •.', -a /��r�'f ��j 7 thy Mum of the Slats of Minnesota a DELMAFI H •` a D'/ Ls f' irril ! SCHWAN: I /r �Li/�v Dated November 20, 1991 E i i 0Wntar H.Schwanz • to —8625— Mtnnaaota Replatratton No.9625 .44yd SUR EL.r 4nrrrona.liR`lei„o:4.3 Agenda Information Memo November 5, 1992 City Council Meeting SETBACK VARIANCE/DART TRANSIT B. Variance, Dart Transit, of 50' to the Required 50' Setback, Located at 800 Lone Oak Road--An application has been received of Dart Transit Company for a 50 foot variance to the 50 foot building setback from state highway right-of-way for a semi-tractor repair shop as a part of the company's headquarters site at the intersection of State Highway 55 and Lone Oak Road. For additional information with respect to this application, please r fer to the Co unity Development Department staff report which is enclosed on pages through .i, for your review. This item was previously before the City Council at the October 20, 1992 City Council meeting and was continued at that time to further discuss issues relative to the potential future location of a frontage road and the current location of a trunk water main. In response to these concerns, meetings were held with Dart Transit and the Minnesota Department of Transportation to further discuss concerns in this regard. For additional information with respect to this item, please refer t the Community Development Department memorandum which is enclosed on page �f1 and the Public Works Department memorandum on pages,SO through-57. As noted in the memoranda, it appears that any frontage road will be solely for the use of Dart Transit and, therefore, the City has no independent use for such an improvement. As a result, any location of a service or frontage road would be the responsibility of Dart Transit itself. It is not clear, however, if MnDOT would allow such construction as a private drive or would require it to be a City improvement were it ever installed. A remaining issue exists with respect to the trunk water main located 20 feet within the MnDOT right-of-way line. Because of the ground cover tolerances of 7 to 10 feet for such lines, it may be necessary for Dart Transit to relocate that water main if grades must be changed for the installation of their facility at the property line. Any action in this regard should be contingent upon Dart's responsibility for such relocation and, the eventual cost of frontage road construction if that is requested at some future date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Dart Transit of 50 feet from the required 50 foot setback from state highway right-of-way for property located at 800 Lone Oak Road as presented. • SUBJECT: VARIANCE APPLICANT: DART TRANSIT LOCATION: NW 1/4 SECTION 12 EXISTING ZONING: LIGHT INDUSTRIAL (LI) DATE OF PUBLIC HEARING: OCTOBER 20, 1992 DATE OF REPORT: OCTOBER 14, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance to waive the 50'building setback from state highway right-of-way for a new 6-bay tractor repair shop at Dart Transit Company headquarters located at 800 Lone Oak Road on Lot 1,Block 1, Eagandale Center Industrial Park #3. BACKGROUND: Dart Transit Company was established in 1934 and is the largest owner/operated trucking company in Minnesota. In 1989 Dart Transit built their national headquarters on 23 acres in Eagan. Currently Dart Transit employs 420 people nationwide of which 250 work out of Eagan. The company presently has 60,000 sq. ft. of building on- site. COMMENTS: The proposed repair shop has been part of Dart's expansion plan since coming to Eagan. The 6,300 sq. ft. repair shop will employ an additional 18 people and is proposed to be located along the east edge of the site near the intersection of State Highway 149 and State Highway 55. According to the applicant, excess state right-of-way to accommodate a frontage road planned in the future results in the applicant's eastern property line at this point lying over 250'from any highway road surface. The applicant also states the proposed expansion location benefits drainage of this area to the existing on-site pond. This proposed site and frontage road location will require substantial antial fill which could affect the depth of the City's existing 20" watermain which is located 20' into the Minnesota Department of Transportation right-of-way. This Variance request is subject to final site plan approval by the City. If this expansion requires any work in the highway right-of-way, the applicant shall be responsible for obtaining MnDot approval. If approved, this Variance shall be subject to the following: 1. Final site plan approval by the City. 2. MnDot approval for any work within the right-of-way. 3. All applicable City Codes. . • .• xtestev..0 14+ ..ar i In dCrllt 101 911""S"4 v - . — ;.,!E...... 1....' ,--- .-- . 141.41r4 1...ww■ft•411 liftla i . , i 4.4: i t ...' ;4 4•, ..,, , • oi, ... ' ; \-1 041111111111 ■4' ;-47---• —Ir.-7,1, a.P.,St "‘i t/./ ilklb■ol . V " a 4, : ,‘,..,• I_ 4 I I s 1 - , — 01 " • 1 •• 11 t . I I V • "rt. MIZI (IS di ,.• •,/ ,••_; _• 1 , 0 001:...... 6;= • ..• •011 10,• 118 / . 'Til .;;;- -:- Or ■# • =me. . / .--k'- --- . 1 IQ ■00 ■ - 1 LP - I_....._-.•••i"'"-------c_._._.._.- , ■I° IV ' - # ## * 7 -1 I• ,---,---- ill II ! / '7 L ‘ .., , . -• . ,-..- I I V . a I I . . zy.1,. ./0-'7 7,,, ,,• .",,' • I 1 . 1 : . 10:5 , ■ , 7,--- . ..- / . • Z I .. •• 1 ( ...r .. . , . ..06." . 1 I I ■ 1 , • I t I I I . 7 I I 1 • • \ • .' V ',' • 1 1 . \ . I / \ .• , .. I I X* I I .1 Z I I I I i \ I I I 440#7 DART TRANSIT COMPANY 800 Lone Oak Road,Eagan,MN 55121 •Mailing Address:P.O.Box 64110,St.Paul,MN 55164-0110.Office 612.688-2000.800-366-9000 October 8, 1992 Eagan City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: DART TRANSIT COMPANY REQUESTED VARIANCE Dear Council Member: We respectfully request a variance to waive the setback for our proposed new facility. We have met with the City Planning Department and completed our variance request application. The reason we need the variance is so that when we expand in the future, we can fully utilize our existing space in Eagan. Though you know times have been tough for trucking companies, since 1989 when we built our national headquarters in Eagan, we have been able to grow dramatically, both financially and in jobs. We are fast reaching the point when we will have to make the building expansion which has been an integral part of our future plans since we first chose to come to Eagan. The planned future economic development will utilize all the space we have on our property in Eagan, so using the opportunity we have to waive the setback is very important to our future development plans in Eagan. Another reason for the variance is to better fit in with and aid in the proper drainage of that part of our property which drains toward the existing pond on our property. Eagan City Council • October 8, 1992 Page 2 of 2 It is also very important to point out, as you can see from the drawing, that there is a large amount of excess right of way at the point of our facility and that a frontage road has been planned for this area by the city, county, and state. This will then act as a side yard setback for our facility. As you know, we are very proud of our national headquarters in Eagan. We have received many kind compliments from people in Eagan and elsewhere. At the variance meeting we will further detail our building plans which will fit into the major commitment we have made to quality development and growth in Eagan. We are looking forward to meeting with you regarding our requested variance. Thank you. Very truly yours, DART TRANSIT COMPANY sc 'ell 4112,624) 01f,-zi Donald G. Oren President EAGAN.GH � t • _ . 4**W t\‘ .4 -Vmf MEMORANDUM TO: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT TOM COLBERT, DIRECTOR OF PUBLIC WORKS MIKE FOERTSCH, ASSISTANT CITY ENGINEER FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 23, 1992 RE: DART TRANSIT On Wednesday afternoon, October 21, there was a meeting at MnDot District 9 Offices to discuss the frontage road situation along Highway 149 by Starks Halfway House and Dart Transit. Attendants were: Bruce Castner, Ruth Ann Sobnosky, Wayne Lemaniak, Cyrus Knutson and Don Fashant from MnDot, Gar Hoerschgen, Jack Hoeschler, and Dan Oren from Dart Transit, and myself. The main focus of the discussion dealt with details of how the frontage road would be constructed. MnDot had no reservations of the road itself since they have been aware of its possibility for several years. MnDot staff wants the City of Eagan to apply for the permit and stated the City, or Dart Transit would be responsible for maintenance of the road. They also stated in the past they would have turned down vacating any portion of the right-of-way, but probably would agree to do so at the time the whole frontage road was constructed. The cost for the 10-to-1 taper turn lane and the frontage road would belong to Dart Transit. I informed Dart representatives that the road must be constructed to City standards. Paul Thomas, Pioneer Engineering, will be doing the design work for Dart and there is a meeting scheduled between Paul and Mike Foertsch on Friday, October 23. t 4 Li V'il C I-1/-j te7a2 Tv If you would like additional information, feel free to contact me and please keep me posted of results of that meeting or any others. 4/0.ey ity Planner JS/js _ 1 MEMO TO: JIM STURM, CITY PLANNER FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: OCTOBER 28, 1992 SUBJECT: VARIANCE REQUEST - DART TRANSIT Dart's proposed 50' setback variance request for constructing a building directly adjacent to MnDOT right-of-way initially raised two primary concerns associated with public utility location and proposed service road construction. First of all, the proposed building on the MnDOT right-of-way line is 20' from an existing 20" trunk water main constructed within MnDOT right-of-way. The existing ground elevation at the proposed building location is approximately 14'-16' higher than the existing ground at the water main location. Given a water main installation with 7' of cover, the proposed building location's existing elevation is approximately 22'-25' higher than the water main. Without the benefit of a proposed building pad elevation, the assumption that can be made is that raising the existing grade is necessary to accomplish the proposed building. The existing trunk water main would have to be relocated to provide a minimum of 7' of ground cover and a maximum of 10'. This relocation would be the responsibility of Dart Transit. With the standard 50' setback, this relocation may not be necessary. At the Tuesday, October 27, 1992, meeting with representatives from Dart Transit, I stated that Tom Colbert and I were meeting with representatives from the County Highway Department to discuss the proposed 1993 Lone Oak Road reconstruction as well as the City's and County's interests in a service road located in MnDot right-of-way adjacent to the Dart Transit's facility. With respect to the service road concept presented by Dart Transit with their initial submittal to the City, Tom and I had the opportunity to review the concept with Dave Everds, Dave Zech and Pete Sorenson at the Dakota County Highway Department. With the proposed upgrade of Lone Oak Road, Dart will be provided a full access at their westerly driveway entrance with a stub for a future frontage road to extend east and south along TH 149. In reviewing the location and function of the proposed service road, the resulting benefit is solely that of Dart Transit. The County and City, from a public works perspective, see no public benefit justifying this frontage road as a public street. As a result, the service road construction, if desired by Dart, would be a private road constructed at their expense. From your memo of October 23, 1992, outlining items discussed at a meeting with MnDOT, Dart representatives and yourself, it is not clear if MnDOT would allow a private driveway construction within their right-of-way. It seemed as though MnDOT was receptive to a service road construction, but only with a turn- back/acquisition of MnDOT right-of-way by the City. 1 6'b At this point, Dart Transit will need to decide what their ultimate plans are for this service/frontage road as well as the water main relocation and what they would have to do to meet MnDOT's requirements. I'm available to discuss this matter in greater detail if you so choose. Please advise. to As stant Ci ine r MPF/jj cc: Jon Hohenstein, Assistant to the City Administrator Tom Colbert, Director of Public Works 2 Agenda Information Memo November 5, 1992 City Council Meeting LOT COVERAGE VARIANCE/PRETI'YMAN HEIGHTS C. Variance, Don Prettyman, of 2% to the Allowed R-1 Zoning District Maximum Lot Coverage of 20% for Lot 5, Block 1, Prettyman Heights—An application has been received . of Don Prettyman for a variance of 2% to the 20% maximum lot coverage requirement in an R-1 zoning district at the above referenced property. For additional information with respect to this application, please refer to the Commypity Development Department staff report which is enclosed on pages`< 3 through`t for your review. As noted in the report, the variance itself is associated with space required for the third garage stall. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Don Prettyman of 2% to the allowed R-1 zoning district maximum lot coverage of 20% for Lot 5, Block 1, Prettyman Heights as presented. - � Y SUBJECT: VARIANCE APPLICANT: DON PRET 1YMAN LOCATION: SE QUARTER SECTION 4 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: NOVEMBER 5, 1992 DATE OF REPORT: OCTOBER 26, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 2% to the allowed R-1 zoning district maximum lot coverage of 20% for Lot 5, Block 1, Prettyman Heights. COMMENTS: The City Code allows a maximum lot coverage of 20% for the R-1 single family zoning district. Lot 5, Block 1, Prettyman Heights, has a lot size of 13,404 sq. ft. which will allow a home with a lot coverage of 2,680 sq. ft. The applicant is proposing a home and three-car garage that covers 2,994 sq. ft., or 22% lot coverage. The proposed home with a two-car garage would meet the lot coverage requirements; however according to the applicant, given the design of the home by removing the third garage stall, the home would lose what the applicant believes is an exquisite look. The applicant also states that the extra garage space is much needed. Although the third garage stall results in the lot coverage maximum being exceeded, all setback requirements can still be met. If approved, this Variance shall be subject to the following: 1. All other applicable Code requirements. MO COUNTRY ^+a 6 — iv CLUB ' 3 ' t t; IcGQPORATF 'J o CENTER CURVI r9 ,` _� ` NK+I+VIEW //{ �- .. i,i� N/GHV/EN' II . .fi 11 AVE. iPARK it I N lOUTMRI i AVE. o v SW ∎itt l /' Sr.ruNE RD. ;4 / y 5 P J II GI a J SKYLINE TR. '. S/ sacrum P+�T�Ih it LA. ?y gi _2' • .AKA R. J /J •A §' Co. Rd. No.26) Milli' -///, AI' ` -. J W u OL•' . \Tim` \ OCT-07-1992 16:23 FROM E.G. RUD a SONS TO 0 7386177 P.02 • CEIRI' IP i CAI'S DP SUR qi6 . 1 FOR: MICKELSON HOMES i6 t Lo f FOR DtJ .D1NG�,c /3 Loy s f PERMIT ONLY • • . . .....„.... ,• 94•8 •10.$e N ,7SSS��� ik 1 .c -C 1�S r II Lie. �/ » 1 t `, ,e} i1 %4:1 ."....--•.... ""•••••... lw.) 1 ' .......... < I -s' 7'..P.1/6 % Mt Z 61 e iti /C11 dk■.DAX. ''' .'5-'4', :12 ii 1 cr07 k. . ` V? * ,' ` / CT %_ : %.:.,yr. ..f`!': \ C` -7 ■,.. Lfip .. yoke j Ai/ : r ' 'ry ', 1 r fl 7-pc, tiA, N ci s/ 'd y.`..7 r 'e 1 \e/ ,r�ry l ./ . i i �' -,- r_ • ` y�ti't !: / t •43 ,6 Pvs e. gel) 10 1 4._ ■. ; .� .\��� ■�` . // / \\ / .1 �'� GAte a/1014 44 ' 8 •x`.47 ,145*, Cprt` �S''rorM 5¢vitr • �TRQPQSED ELEVkTI ONS,: 13Z��~ E so. GARAGE FLOOR = $67.3 TOP OF BLOCK = 867,7 , LOWEST FLOOR — er3$.g (13 as w/o) . S DENOTES WOOD HUB AT 11 FOOT OFFSET. 02 DENOTES PROPOSED ELEVATION. . • DENOTES DIRECTION OF DRAINAGE. • SUBMITTED BY APPLICANT Lot 5, Block 1. PRETTYMAN HEIGHTS, Dakota County, Mi esc Scale 1"=_31_11 0 Denotes iron I Bearings shown are on an assume- -a • . (Job No.""4"1Book__ Pa. We hereby certify rout this Is a true and correct representation • i - . G. RUZ 4 50N6, INC a survey of the boundories of the above described land and of , e LAND SURVEYORS ' location of all buildings, if any, thereon, and all visible encroachm -=' , gi80 LEkIN[st0N AVE.No. If any, 'from or on said land. E. C. RU ' 0 eE C. CIRCLE PINES,.MINNESOTA 7W By t '- — 5504-3625 TEL. 186•=5556 . .Dated this ____' day of _ r r 1992 Minnesota Rea. No.JJ_, . ` Agenda Information Memo November 5, 1992 City Council Meeting PRELIMINARY PLAT/TOBY STEVENS/PVUTHERING HEIGHTS D. Preliminary Plat, Toby Stevens, Consisting of Two Lots on Approximately One Acre of Previously Zoned R-1 (Single Family) Land Located on the SE Side of Wuthering Heights Road in the SE 1/4 of Section 18--At its meeting of October 27, 1992, the Advisory Planning Commission considered an application for a preliminary plat from Toby Stevens as described above. For additional information with respect to this application, please refer to the Co unity Development Department staff report wh' is enclose n pages ,c�through for your review. Also enclosed on pages 42 jthrough 6. is a copy of the APC mi utes with respect to this item. The APC is recommending approval. Also enclosed on page is a copy of a memorandum from the Parks and Recreation Department outlining the parks,trails and water quality dedication requirements associated with this plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Toby Stevens, consisting of two lots on approximately one acre of previously zoned R-1 (single family) land located on the SE side of Wuthering Heights Road in the SE 1/4 of Section 18 as presented. _ ... / - SUBJECT: PRELIMINARY PLAT (STEVENS ADDITION) APPLICANT: TOBY STEVENS LOCATION: SE 1/4 OF SECTION 18 EXISTING ZONING: R-1.(SINGLE FAMILY) DATE OF PUBLIC HEARING: OCTOBER 27, 1992 DATE OF REPORT: OCTOBER 15, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of approximately 3/4 acre for two single family lots on previously-zoned single family land along Wuthering Heights Road. The City's Comprehensive Land Use Guide Plan designates this site and the entire area between the Chicago Northwestern Railroad and State Highway #13 as Industrial. EXISTING CONDITIONS: The 36,195 sq. ft. parcel is located north of Silver Bell Road along Wuthering Heights Road, south and east of the Seneca Waste Water Treatment Plant, and west of Silver Bell Apartments. The surrounding land uses are Single Family and Industrial to the north and unplatted Single Family(R-1)to the south and west. East of this site are the Silver Bell Apartments zoned R-4 (Multiple). BACKGROUND: The applicant attended the Advisory Planning Commission meeting on September 22, 1992 for public hearing and received a recommendation for approval of his original one lot plan and was scheduled for the October 8, 1992 City Council meeting. However, in a letter submitted September 30, 1992, Mr. Stevens requested his initial plat of one lot be withdrawn from the October 8, 1992 City Council meeting agenda so that he may submit a revised plat of two lots. PROPOSAL: The revised proposal now includes two lots - Lot 1, Block 1, is 16,500 sq. ft. and Lot 2, Block 1, is 19,695 sq. ft. Both meet the R-1 minimum size and width requirements and will take access from Wuthering Heights Road. PARKS & RECREATION: Parks & Recreation staff recommend a cash parks dedication and a cash trails dedication for this plat. r �� GRADING/DRAINAGE/EROSION CONTROL: The existing gravel street which is along the west property line of this two-lot subdivision has a gradual slope to the north. The drainage from the front yard area of the proposed lots shall be directed to the street and the drainage from the backyard area will be directed to the north through a swale along the rear lot line. The gravel street currently does not have a public storm sewer system to handle the surface water runoff. Drainage from the lots in this area generally slopes in a northerly direction by overland flow. The future upgrading of Wuthering Heights Road will require the construction of storm sewer to drain the area. During the construction of the proposed houses, the builder will be responsible for grading and restoration of the lots and providing erosion control. WATER QUALITY AND WETLAND PROTECTION: This .75 acre two lot single family subdivision is located in Drainage Basin A. Since the site is too small to accommodate on- site ponding, staff will recommend a cash dedication in lieu of ponding. The amount of cash dedication is estimated at $550. There are no wetland issues associated with this plat. This recommendation is subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer and water main service of adequate depth and capacity is readily available to serve the proposed lots. An 8" sanitary sewer line and 6" water main was constructed in Wuthering Heights Road in the early 1980's. A 4" sanitary sewer and 1" water service was provided to Lot 1 when the sewer and water in the street was constructed. New sewer and water services will be Y in for Lot 2. There is a hydrant in the northeast corner of Lot 1 and a hydrant n the southwest corner of Lot 2 that will provide adequate fire protection for this area. STREETS/ACCESS/CIRCULATION: Access to the proposed lots is currently available from Wuthering Heights Road, a privately maintained street easement that runs along the west edge of the development. The existing gravel surface street connects to Silver Bell Road approximately 400 feet south of the proposed lots. The existing roadway does not meet City Code requirements for providing access to newly platted residential property. RIGHTS-OF-WAY/PERMITS/EASEMENTS: This development shall dedicate all right-of- way and easements necessary for Wuthering Heights Road. Also, a 20 foot drainage and utility easement shall be dedicated over the existing 8" sanitary sewer line that runs along the south property line of proposed Lot 2. The existing 8"line shall be field located and the 20 foot easement shall be centered over the sewer line. 5— 7 CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR STEVENS ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, C5, D1, El, Fl, G1, and H1 2. Development on this plat shall be consistent with all R-1 setbacks and maximum - lot coverage regulations. 3. All applicable City Codes and requirements shall be adhered to. 4. A 20' drainage and utility easement shall be dedicated over the enter of the existing 8: sanitary sewer line that is located along the south property line of proposed Lot 2. 5. A 25' wide half right-of-way is required for Wuthering Heights Road. FINANCIAL OBLIGATION - Stevens Addition • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. $.068/sq ft 36,195 sq ft $2,461 S T nta Sewer S.F. $720/lot 1 lot 720 Water Trunk S.F. $750/lot 1 lot 750 31 el STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Oblications 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. Jasements and Richts-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 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. V • 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. pater Oualitv Dedication • 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding in accordance with the criteria identified in the City's Water •Quality Management Plan. B. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con - LT S *2 ti uIt/ \' s'\ �.--4∎∎\\\\\ \ 1 . 1 ' 1111t___ \ \ / 1 __ ',tea--.+.���. . \ ` .`� ����\\\� ` ` \\� �\\ ( 1 \I� i% AIl l' \ / 11 ��\\\tl\\ \\\\ \\∎‘`.;.. \\\\;\ \ / 1 Tii, ...., o - of gle- 1111 i . , , ; , , ,,,....„...„„„,...,..„, , 4 t \ ../, /‘.. /V-".." ,,'''' it iii \ ,_,.....-21.* \ ' \ /// / - 1 1 ,., \ : 1 / r ;��;..\\\\0t\. \ \_ /11� / /, 1- ,,r A I 1 ' _� \ .‘,...,,.........e \,\\ \\\ . \ \ 1 t I i \ \\\\ \\ \ 1 111 ....,/ , , ! / i t _mo t \ y •\�Z:��� ��\\\`\\\ , 1 I , , f�,�/ - //'�/� i • / \\:\\ \:��\�,\\\\\,,, 1 i I / - 0 r „ ‘.‘.. if I r 1 \çLrV/ /� `• / \ `\ \ \..--e\\ \\\ \ ,` \ J If\ \ \fit\\�:`t\1•\\\' L� /' I ,. / ,ys, Pik \ <,\l--T_:__�---t . -- \/ ,-_4,—,----§-._.9- `9 f_ ,/I 1 / ■ / 1 \ 1 _ J\-/'--1__ , / / / \ 1 \ \ C II\ I_ / p ` 1 I.C" UI / / \ \ 1 11 ■ 1 %" =_-_ 1 I I. ! [ li I: 1 1 . i / %\ .1...f.. \..0.,:„. f,e— <—_,.... -- I i E : 1 ',.. . i . f 1 I i .1 , - .. ir r I !� � _ .Low_ - _ / / // / // /''` i___,1♦` _ - ` o / / � a i ; ♦ 1 / , / --- • .,--.. / 19 ■` .1----4,,,,,._129_,...:' C \? � _ • +A.; r^ "> ~ // / /// i/ ,1/I I 1 _;e,, / < \ �,• ��_—.=-t ' ��s ' s� \ �- 1''1'ice t \. \ 1 e #. *„. .41..1... �t '60 1114 ♦ __` n § `l \ / 1 u �` -@ •+,, t\„ : ,,; r,;/,,-■_ - ` - I ��I,' \\\• 1 0 /i 1 riZ . . :j r• Z. 6) a`‘‘ ‘9 i '! /M C DELMAR H. SCHWANZ WO mom vmM...0 a MosmI lour I .M nw OM*w Mmvm.. 11750 SOUTH ROBERT TRAIL ROSEMOUNT•MINNESOTA NOM $1V4211715 • SURVEYORS CERTIFICATE 1 Preliminary Plat: STEVENS AODTTTON \ki owner-Developer: Marcy and Toby Stevens Scale: 1 inch . SO feet Description: All that part of Government Lot 7, j / Section 18, Township 27, Range 23 described as follows: Commencing at a point 551.8 feet East - and 272.35 feet North of the southwest corner / of Government Lot 7, Section 18, Township 27, . Range 23i thence East and parallel to the south // -1 ; i feet of said Government Lot 7 • distance of 190 / / feet, thence North and parallel to the west line of said Government Lot 7 a distance of 321.11 feet, h� cl thence Southwesterly a distance of 248.03 feet to �' 1 • point that is 551.8 feet East and 434.16 feet ' as./ North of the southwest corner thereof. thence South and parallel to the west line of said .../ Government Lot 7 a distance of 161.18 feet to 2 T' the place of beginning, % �� / ��E 7 Area: Gross Area 45,880 square feet t AtAl''9 2-OP' a/1/ I Lot 1 16,500 square feet t . Lot 2 19,695 square feet t / m 111.2.,,p �\II' i (� Street 9.685 square feet ! J+ b 7, ZO'r 1'%'6 Existing Zoning P-1 Single family residential PAC 'We 'I, Proposed Zoning Same 6� /�1 O‘Z'l (.1 lj Notes: Area is served by City sanitary sewer and water. There is an existing / i� / I � � \ 1) J service for Lot 2. New services requir �� Air for Lot i. Road is currently an easement road V `�� 7T f1\ • el and has a gravel surface. h 1 ZI, AC9J✓95E UT/Limy/tYi1� ( ri..-- L - /. I — M / Prepared 8y: Delmar H. Schwanx Lend Surveyors Inc. r -- �f\ , s_ J 14750 South Robert Trail 1 1 i I /F5,00 Rosemount, RN 55068 , IP ',44 Tel. 423-1769 11 41, ,„� ,1 �00, /oT Z $� %_ Li Isl. i I L l o usury t4 .-new.ii3�x, — FI Tzs N /6500 ry °I , I— /Q0.00 --- .i IU i: $: I W IkIN \ "%.....M I N lb • I I I 3 -'('J (o/':'f-)_' 601'7/o%7 r. /A• T27A/.c 3v) I PI /�U , ,g,, / _ 1 2� ,, .:/1. G w.'77.1 i:/1.4::-7-• 7 Joy 7 I busby orrery Nam ibis surrey.pen.er weal m... FEV1SED / ^ I Pr Wed by m.b 55 SI r11 react mmveres eR ass /� [ ! %�r INN I.m.duly Rmlrs bee tend Swnvyp vases / 1e.a..11 the s1m.a Mme..a. Doug 07-30-92 NMI Revised 10-02-92 RECCI.VEDOCT - 5 692 - • ii,4 I DELMAR H. SCHWANZ a.....nra.s....Ir.r.rw.w 14710 SOUTH ROBERT TRAIL NOSEMOM .MINNESOTA M000 01214r1.170 • SUnvEYOR'8 CENTWICATE Preliminary Plat: STFVEIIS ADDITION Owner-Developer: Nancy and Toby Stevens Seale: 1 inch e SO feet / w Description: All that part of Government Lot 7, S ection 18, Tsw.nship 27, Range 23 described as follows: Commencing at a point 551.8 feet Bast / • and 272.35 feet North of the noothsest corner / • of Government Lot 7, Section 18, Township 27, • Range 23, thence last and parallel to the south 11 line of said Government Lot 7 • distance of 190 feet, thence North and parallel to the west Use • of said Government Lot 7 • distance of 321.11 feet, �' thence Southwesterly a distance of 242.03 foot to • i • point that is 551.8 feet Slut and 434.16 feet I,. la/ �; d North of the southwest corner thereof. thence • ' South and parallel to the west line of said •�: :: I V Government Lot 7 • distance of 161.18 feet to A�J �'• / the place of beginning, e9�49' ^tc• , ,�; ;:i�, `') •Area: Gross Area 45.880 square feet t ZIP 7' nT h6/1,•,•••;••;•::•r'�• = / Lot 1 16.500 square feet 2 y :� • Lot 2 19,695 square feet t ,� 1,/::::::::::::::::k' � :•Street 9.685 square feet t # ,/ :ti:•.•:Existing Zoning R-1 Single family residential /• ' :•:� ::•;;•:•;Proposed Zoning Same / 6 •�i' :;:: •'•:: •• : •�' V • Notes: Area is served by City sanitary / •:; ;:�� '•. :;; • ��•:::�•'f: •\ �I sewer and water. There is an existing .,, }:;•;•;•;::• :,,,, • \ / service for Lot 2. now services requir /• ::'::• :•:•:•�y:•::•:•�:•:•�::: for Lot 1. :•:42Y;::::*: :::::••y,.1' cV Road is currently an easement road trii: •;} • �t1 and has a gravel surface. �'�� •' �� •"'•"' Prepared By: Delmar n. Schwan:: Lend Surveyors Inc. 1 its\ F:M�' •� : :•:.;•::. ,�•: . • 14750 South Robert Trail J) , . ''':;:,, :::;•;;: :•{. ' Rosemount. 111 55068 Y �:� : :;:�• :•: :•:• • •. '. Tel. 423-1769 � :•� � : •: • • ::••:� • .}'�•• a� Wit ':: '•0.:,:ii.ii::A-Allgiiiiiiiiii.ii.ili.iiiil FINANCIAL OBLIGATION t wl • LEGEND k '. •: :::::: ': ::: :::: :: I Sanitary Sewer Trunk bl I- 1"-: /Qo.ov� �..--- Water Trunk r '.4i,1 1 10 I S tii torm Sewer Trunk I I NtrN r�T. I N b I r// ion'rT_' (C01/7/o 7 7 I at ".F r. /4. 727A/A.',:3/4/ -,-O) .Z/AI GDU'i 107 7 I awee7 NON ON IIw Mon.OI mon 1101 m+ewes by iws r N.a wew..Ien..a �V ISED( / NN e.•0v17 Rapelmve Wet Wne7er mysr . ///////� Ns I....M M.01/w w wn...e1. • ., iL� , 1i /,r7 r/ .e- 07-30-92 Oe1ee _ OsY'.'N 8mww A' ' \ (l 10L L b02000o.he MM Revised 10-02-9: RECEIVED OCT - 5 692 ��II// . SENT BY: 10-28-92 ;12:O1PN ;SEVERSON WILCOX SHEL-+ 612 681 4612;# 2/18 MINUTES OF A REGULAR MEETING OF TEE RAGAM ADVISORY PLANNING COMMISSION SAN, MIN1EBOTA OCTOBER 27, 1992 A regular meeting eeting of the Eagan Advisory Planning Commission was held on Tuesday, October 27, 1992, at 7:00 p.m. at the Eagan Municipal Center. Present were members Voracek, Graves, Merkley, Griggs, Miller, Gorman and Alternate Hunter. Also present were City Planner Jim Sturm, Community Development Director Dale Runkle, Assistant City Engineer Mike Poertsch, and City Attorney Mike Dougherty. AGENDA Griggs moved, Graves seconded, the motion to approve the agenda as presented. All present voted in favor. MINUTES gentember 22. 1992. Member Merkley requested that two corrections be made as follows; Page 3, 9th paragraph, should read: ". . .to the west would be feasible with respect to the wetland location." Page 3, last paragraph, should read: ". . .Parks and Recreation Advisory Commission for wetland determination before the. . ." Member Miller requested that the last sentence in paragraph five on page four be deleted. Merkley moved, Miller seconded, the motion to approve the September 22, 1992 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Voracek explained the Advisory Planning Commission procedure to the public. BERENS ADDZTIOM TORY STEVENS Chairman Voracek opened the first public hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately one acre of previously-zoned R-1 (Single Family) land located on the SE side of Wuthering Heights Road in the SE 1/4 of Section 18. ( 5 R=95% 612 432 3780 10-28-92 12:01PM P002 #04 SENT BY: 10-28-92 ;12:02PM ;SEVERSON WILCOX SHEL-• 612 681 4612;# 3/18 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 City Planner Sturm stated that at the September 22, 1992, Advisory Planning Commission meeting the applicant received recommendation for approval for a one lot preliminary plat. Since that time the applicant has requested that his initial plan be withdrawn so he could submit the current preliminary plat proposal. All City Code requirements are met with this proposal. Toby Stevens, the applicant, stated that he was there to answer any questions. Michael L. Hazel, 2129 Silver Bell Road, stated that he is in favor of this application. He also commented that this area is designated light industrial in the City's Comprehensive Land Use Guide Plan and he would favor this area staying residentially zoned. City Planner Sturm replied that a Comprehensive Guide Plan Amendment has never been initiated. Member Markley asked the applicant why he changed his application from one lot to two lots. Mr. Stevens answered that his initial plan included two lots, however, he did not understand he could plat these two lots at the same time. Member Merkely questioned whether it made sense to plat two lots as single-family when the long-term use in the area is light industrial. Chairman Voracek stated that the area is currently zoned residential and he could not foresee the City changing this designation. City Planner Sturm mentioned that a building permit could not be issued to Mr. Stevens because the proposed site was unplatted. Hunter moved, Griggs seconded, the motion to approve a Preliminary Plat consisting of two lots on approximately one acre of previously-zoned R-1 (Single Family) land located on the SE side of Wuthering Heights Road in the 8E 1/4 of Section 18, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with Al, Bl, B2, B3, Cl, C2, CS, D1, El, Fl, 01 and H1 (ID W R=95% 612 432 3780 10-28-92 12:01PM P003 #04 SENT BY: 10-28-92 ;12:02PM ;SEVERSON WILCOX SHEL-• 612 681 4612;# 4/18 Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 271 1992 2. Development on this plat shall be consistent with all R-1 setbacks and maximum lot coverage regulations. 3. All applicable City Codes and requirements shall be adhered to. 4. A 201 drainage and utility easement shall be dedicated over the center of the existing 8: sanitary sewer line that is located along the south property line of proposed Lot 2. 5. A 25' wide half right-of-way is required for Wuthering Heights Road. All present voted in favor. (-C1 R-95% 612 432 3780 10-28-92 12:01PM P004 #04 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 5, 1992 RE: PRELIMINARY PLAT-STEPHENS ADDITION - TOBY STEPHENS The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their October 1, 1992 meeting and make the following recommendations to the City Council. 1 . The proposal be subject to a cash parks dedication. 2. The proposal be subject to a cash trails dedication. 3. The proposal be subject to a cash dedication to meet water quality requirements. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician Agenda Information Memo November 5, 1992 City Council Meeting REZONING/PLANNED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/WEST PUBLISHING 6TH ADDITION E. Rezoning,West Publishing 6th Addition/West Publishing Company, of Approximately 2.2 LI (Light Industrial) Acres to a PD (Planned Development) District, a Planned Development Amendment, Incorporating the Area Into the West Publishing Planned Development, and the Preliminary Plat Consisting of One Lot on Approximately 4.7 Acres, Located on the North Side of Wescott Road in the SE 1/4 of Sec 13--At its meeting of October 27, 1992, the Advisory Planning Commission considered the above referenced applications presented by West Publishing Company. For additional information with respect to thi tem, please refer to the . 11 unity Development Department staff re s o which i osed on pages/Qthrough if for your review. Also enclosed on pages throw are the Advisory Planning ommission utes relative to this item. The .'C is reco ending approval. Also enclosed on page/� is a memorandum from the Parks and Recreation Department outlining the parks and water quality requirements relative to this application. Please note that it is recommended that the water quality requirements need not be completed until commencement of construction of any impervious surfaces on the site. The effect of this recommendation would be to defer any requirement for improvements until the property is actually developed by West. Subsequent to the APC action,West Publishing contacted the City staff indicating a request that this item be continued to the November 17, 1992 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the rezoning, land development amendment and preliminary plat associated with West Publishing 6th Addition to the November 17, 1992 City Council meeting as requested by the applicant. L..09 • SUBJECT: REZONING, PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY PLAT (WEST PUBLISHING 6TH ADDITION) APPLICANT: WEST PUBLISHING COMPANY LOCATION: SE QUARTER SECTION 13 EXISTING ZONING: LIGHT INDUSTRIAL-PLANNED DEVELOPMENT (LI-PD) DATE OF PUBLIC HEARING: OCTOBER 27, 1992 DATE OF REPORT: OCTOBER 22, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of approximately 2.2 Light Industrial acres to a Planned Development district and a Planned Development Amendment to incorporate this area into the 260-acre West Publishing P.D. created in 1990. The Preliminary Plat consists of one 4.7 acre lot. This plat includes a 2.2 acre parcel that West Publishing previously owned that contained, until recently, a single family residence and the 2.5 acre Lembke addition. The Comprehensive Guide Plan designates this area Industrial, therefore no amendment is necessary. In July a public hearing was held to allow grading on the unplatted property. There is a substantial amount of dirt that will be transported across Highway 149 to the approved YMCA site. The grading will create a building pad for future warehouse expansion. Berming and landscaping consistent with what is currently along Wescott Road will be provided for overall continuity. GRADING/DRAINAGE/EROSION CONTROL: On August 4, 1992, the City Council approved a grading/excavation permit to West Publishing Company to prepare this site for future development. As shown on the grading, drainage and erosion control plan submitted by the applicant, the developer proposes a maximum cut of 46 feet and a maximum fill of four feet. There is a substantial amount of material that will be transported off the site to the recently approved YMCA site. Berming and landscaping consistent with what is currently along Wescott Road will be provided for overall continuity. The developer will be responsible for abandoning the existing on site wells and septic systems in accordance with City and County requirements. The drainage from the development is proposed to be conveyed by private storm sewer lines to Pond GP-4, which is a designated pond in the City's Stormwater Management Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY AND WETLANDS PROTECTION: This development is located in Drainage District G. Runoff from the site will eventually reach Bur Oak Pond (Pond GP-1) after traveling through several intervening stormwater basins. Bur Oak Pond is classified as a Class II indirect contact recreation water body and is the highest valued lake in the drainage district. While there is some opportunity for creating wet pond volume to remove pollutants in Pond GP-4 located on property owned by West Publishing, deepening a nutrient detention basin just south of Bur Oak Pond is a more effective means of protecting water quality in this Class II water body. As such, this development will be subject to a cash dedication in lieu of ponding to meet its water quality treatment obligation. The cash dedication would be used to help finance this improvement. Based on the total project area of 4.7 acres and assuming an impervious surface coverage of 75% for the proposed industrial land use, the amount of the cash dedication is estimated at $22,120. The final figure would be based on the actual impervious coverage when those figures are available. The developer's representative has stated that the site will contain no impervious surface in the immediate future. However, the land will still be zoned to allow light industrial uses and will be used for that purpose at some time in the future. As such, he has requested that the plat approval be conditioned to allow a consideration of water quality-related requirements when a building permit is requested to authorize those improvements. Since this is a departure from the water quality ordinance, the Advisory Parks, Recreation, and Natural Resource Commission will review and forward their recommendation to the Council on this issue. There are no wetlands protection issues associated with this proposed development. These recommendations are subject to the approval of the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer and watermain service is readily available to serve this site. The developer intends to provide sanitary sewer service by connecting to an existing 8" line located along the west edge of Pond GP-4 and extending an 8"line to the area to be platted. Watermain service will be provided by connecting to the existing internal private watermain system that loops around the existing buildings of West Publishing. STREETS/ACCESS/CIRCULATION: Street access to the site is available from Wescott Road along the south property line of the site. No street connections are proposed onto Wescott Road along this plat. Future development on this site will utilize the existing internal private driveways that serve the West Publishing development. This development shall remove the existing driveway openings along this plat's south property line and restore the street and trail along Wescott Road at the driveway openings. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat shall include a 10 foot drainage and utility easement along the Wescott Road right-of-way. Also, the final plat shall include a 50 foot half right-of-way for Wescott Road. �2� FINANCIAL OBLIGATION - West Publishing 6th Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I S.104.S.F. 204,500 S.F. $21,268 Lateral Benefit C/I $25.25/ff 425 ff 10.731 Water Trunk $31999 There are levied assessments totalling $3,865 which will be re-spread to the newly created lots. $15,509 of the financial obligation is related to charges for the Lembke Addition parcel that is to be incorporated into West Publishing 6th. West Publishing has requested that collection of these charges be deferred until a building permit is requested for this plat. The deferral requested is for 225 ff at $25.25/ff and 94,500 square feet at $.104/sq. ft. The charges would be collected at the rates in effect at the time of the issuance of the building permit. 3 CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR WEST PUBLISHING 6TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B3, Cl, C2, C4, D1, El, Fl, G1, and H1 2. The final plat shall include a 10 foot drainage and utility easement along the Wescott Road right-of-way. 3. The final plat shall include a 50 foot half right-of-way for Wescott Road. 4. This development shall remove the existing driveways along Wescott Road along the south property line of this plat. 5. The developer will be responsible for abandoning the existing wells and septic systems on this site in accordance with City and County requirements. • Y Ls 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 Richts-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 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. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con - LTS *2 l(r) AMENDMENT WEST PIIBLISHING PLANNED DEVELOPMENT AGREEMENT WEST PIIBLISHING 6TH ADDITION THIS AMENDMENT, made this day of 19 , by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and WEST PUBLISHING COMPANY, a Minnesota Corporation (hereinafter the "Applicant") . WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City and West Publishing Company, original Owner and Developer, entered into a Planned Development Agreement for West Publishing (hereinafter the "Agreement") on the 27th day of August, 1990, for an unspecified term; and WHEREAS, the Agreement runs with the land until terminated and is binding upon the successor and assigns of the original Owner and Developer; and WHEREAS, the Eagan City Code provides for amendments to said Agreement upon application by the Applicant and approval of the City pursuant to Eagan City Code; and WHEREAS, the Applicant is the owner of approximately 208 acres of land located at the southwest corner of Yankee Doodle Road and Trunk Highway 149 in the City of Eagan, State of Minnesota, as shown on Exhibit "A" attached hereto; and WHEREAS, the Applicant has applied for an amendment to the Agreement to incorporate approximately 2.2 acres of additional property into the West Publishing Planned Development as shown on 1 Exhibit "B" attached hereto (the "Property") ; and WHEREAS, the Advisory Planning Commission of the City of Eagan did hold a public hearing on , 1992 and did recommend approval of an amendment to the Agreement on that date; and WHEREAS, the City Council of the City of Eagan did review the amendment to the Agreement on , 1992 and did concur with the recommendation of the Advisory Planning Commission to approve an amendment to the Agreement; NOW THEREFORE, it is hereby agreed to and between the parties hereto as follows: 1. The West Publishing Planned Development Agreement shall be amended to incorporate approximately 2.2 acres of previously zoned LI property as shown on Exhibit "B" attached hereto. 2. Any improvements constructed on the Property shall be built with exterior materials, colors, and elevations consistent with the existing building located in West Publishing 2nd Addition. 3. Any improvements constructed on the Property shall be sited such that its setback distance from Wescott Road shall be no closer than the existing building located in West Publishing 2nd Addition. 4. All other requirements of the Agreement shall remain in full force and effect as fully set forth in the Agreement. 5. This Amendment shall run with the land until terminated and shall be binding upon the successors and assigns of the Applicant. 6. This Agreement shall become part of the Agreement, fully binding upon the parties, as if fully set forth in the agreement. S2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF EAGAN A Minnesota municipal corporation BY: Thomas Egan Its: Mayor (Seal) BY: E. J. VanOverbeke Its: Clerk WEST PUBLISHING COMPANY A Minnesota corporation BY: Its: (Seal) APPROVED: Community Development Director APPROVED AS TO FORM: Eagan City Attorney THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON 600 Midway National Bank Building • 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared THOMAS EGAN and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said Corporation, and that said Corporation by authority of its Board of Directors and said and acknowledge said instrument to be the free act and deed of the Corporation. 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MIT , . ,I , 1 \ . . • '‘.4:1 \ it. ~ ... - 7 I' 1 •or 50 N'1! 8 � 0 f1f • 215.00 *F91 1 StitS P GO° ,o Q• T O -t 1 �O fV i 1 • Isle l AWL I I W A fowl' F A4/IJ�f11 PFf1 Of /%02•1110400 ta>x i2lM~ 1 Preliminary -Plat WEST PUBLISHING COMPANY 6TH ADDITIO' s ?°001-1 • ..moo.c. • :.....::4:......:4.Z.::: ..::::::::::::'.....4::-....::: t:::::::::::::':.:ii::::::::::::::::.:;-.:::::::',0e.'' ..:::::::::::. - �F.ERRAL R F ED 'WE, .. s lull/1 (lit WEST PUBLISHING 6TH •FINANCIAL OBLIGATION LEGEND . 1 1 lateral Benefit Water Storm Sewer Trunk • ::.%,.. g.3 SENT BY; 10-28-92 ;12:0214 ;SEYERSON WILCOX SHEL-► 612 681 4612;# 5/18 Page 4/BAGAN ADVISORY PLANNING COMMIsSION MINUTES OCTOBER 27, 1992 WEST PUBLISHING GTE ADDITION WEST PUBLISHING COMPANY Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 2.2 LI (Light Industrial) acres to a PD (Planned Development) district, a Planned Development Amendment incorporating the area into the West publishing Planned Development, and a Preliminary Plat consisting of one lot on approximately 4.7 acres located on the north side of Wescott Road in the SE 1/4 of Section 13. City Planner Sturm related the background of this application. Re mentioned that this matter came before the Advisory Parks and Recreation Commission on October 1, 1992. At that time it was determined that the applicant will not be required to meet the water quality requirements at final plat approval, but instead, prior to the building permit being issued. Steve Bryant, representative of the applicant, stated that this application is an administrative task and that they have already received a grading permit. There are no plans yet to build on this site, however, future plans include a warehouse being constructed on this site. Member Hunter raised a question regarding what erosion control measures will be taken after grading is completed. Mr. Bryant replied that the applicant will be seeding and planting shrubery and trees. Miller moved, Gorman seconded, a motion to approve a Rezoning of approximately 2.2 LI (Light Industrial) acres to a PD (Planned Development) district located on the north side of Wescott Road in the SE 1/4 of Section 13. All present voted in favor. Miller moved, Hunter seconded a motion to approve a Planned Development Amendment incorporating the area into the West Publishing Planned Development located on the north side of Wescott Road in the SE 1/4 of Section 13. All present voted in favor. Miller moved, Hunter seconded, a motion to approve a Preliminary Plat consisting of one lot on approximately 4.7 acres located on the north side of Wescott Road in the SE 1/4 of Section 13, subject to the following conditions: R■9595 612 432 3780 10-28-92 12:01PM P005 #04 SENT BY: 10-28-92 ;12:03PM ;SEVERSON WILCOX SHEL-► 612 681 4612;# 6/18 Page 5/EAGAN ADVISORY PLANNING Carar(ISSION MINUTES OCTOBER 27, 1992 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, 81, 83, Cl, C2, C4, Dl, E1, Ti, Gl and H1 2. The final plat shall include a 10 foot drainage and utility easement along the Wescott Road right-of-way. 3. The final plat shall include a 50 foot half right-of-way for Wescott Road. 4. This development shall remove the existing driveways along Wescott Road along the south property line of this plat. 5. The developer will be responsible for abandoning the existing wells and septic systems on this site in accordance with City and County requirements. All present voted in favor. ?j/ (/`:/ R•95% 612 432 3780 10-28-92 12:01PM P006 #04 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 5, 1992 RE: WEST PUBLISHING 6TH ADDITION - WEST PUBLISHING The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their October 1, 1992 meeting and make the following recommendations to the City Council: 1 . That the 2.2 acre Lemke 1st Addition parcel be subject to a cash parks dedication. 2. That the developer meet water quality requirements for the proposed development by creating wet volume in Pond BP-4. The wet pond will be one acre -foot in volume and a minimum of 3 feet in average depth. These figures should be reviewed and revised based on actual impervious figures for the site at the time any building permit is issued for the site. Excavation of the pond must be completed prior to construction of any impervious surfaces on the site. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician Y(0 Agenda Information Memo • November 5, 1992 City Council Meeting REZONING/PRELIIMINARY PLAT/WENZEL ADDITION F. Rezoning,Wenzel Addition/Wensmann Realty, of Approximately 40 AG (Agricultural) Acres to a PD (Planned Development) District Allowing a Mixture of Residential Uses, and a Preliminary Plat Consisting of 126 Units, Located Along the North Side of Diffley Road in the SE 1/4 of Sec 21--The Advisory Planning Commission considered a rezoning and preliminary plat for the Wenzel Addition at its meeting of October 27, 1992. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages j through /6z, Also enclosed on pages/03 through /D 4 are the APC minutes relative to this item. The APC is recommending approval. Also enclosed on pages /D 7 through /3,0 is a supplemental memorandum from the Community Development Department outlining the sequence of modifications of the proposed plat and covering the PD agreement. Finally, enclosed on page /y( is a memorandum from the Parks and Recreation Department concerning this application. The APNRC will not be able to review the item until Thursday evening, November 5. Because of the rescheduling of the City Council meeting, the APRNRC and City Council are meeting simultaneously. Depending upon discussions preceding the APRNRC meeting, it may be appropriate to make any approval of this application conditional upon the APRNRC recommendations or, if significant concerns are identified prior to the APRNRC meeting, staff may recommend that this item be continued until the November 17, 1992 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a rezoning of the Wenzel Addition/Wensmann Realty of approximately 40 AG (agricultural) acres to a PD (planned development) district allowing a mixture of residential uses and 2) a preliminary plat consisting of 126 units, located along the north side of Diffley Road in the SE 1/4 of section 21 as presented. • SUBJECT: REZONING & PRELIMINARY FIAT WENZEL ADDITION .� APPLICANT: WENSMANN REALTY LOCATION: SE 1/4 OF SECTION 21 EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HPARING: .6C1QBER 27, 1992 • DATE OF REPORT: OCTOBER 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of approximately 40 Agricultural zoned acres to PD (Planned Development) and a Preliminary Plat of 126 units located north of Diffley Road in the SE 1/4 of Section 21. The Comprehensive Guide Plan designates this area as D-II (0-6 units/acre). LOCATION: The site is located along the north side of Diffley Road (County Road 30), south of Deerwood Elementary School and the new middle school, west of Knob Hill Townhomes and Deerwood Ponds addition, and east of the Bieter Company property. The surrounding zoning districts are: Public Facilities to the north,Planned Development Single Family and Townhouse to the east, Park and Planned Development townhomes across Diffley Road to the south, and Agricultural to the west. The March 1991 Comprehensive Land Use Guide Plan designates this 40 acres as D-II, Mixed Residential (0-6 units/acre). EXISTING CONDITIONS: Currently, there is one home located near the southeast corner of the property that will be removed as a result of this project. West of this home is a pond surrounded by a mixture of mature deciduous trees extending as far south as Diffley Road. West of the pond is a gently-rolling open grassy site. The existing homestead takes its access from Diffley Road. BACKGROUND: When this item first appeared before the August 25, 1992 Advisory Planning Commission meeting, the project had 181 units on 37.9 acres for a total density of 4.77 units/acre with a variety of housing types: single family, duplex, and cluster homes. Due to concerns raised by residents and Planning Commission members, the proposal was continued until the September meeting. The four major concerns were: • overall density of the project. • one access onto Diffley Road. • the number of children this project will bring in and the impact it will have on nearby schools. • the overall impact on the environment. ID The applicant made revisions to that plan, completely removing the cluster-type houses and replacing them with 40 quad homes and 36 townhome units, for a net loss of 38 units. The duplex units were replaced with 34 single level townhome units, for an increase of 20 units. The single family lots were reduced by one lot and the townhomes on the east side were reduced by 1. The total number of units was 161 and the overall density was reduced by.53 units/acre from 4.77 to 4.24. This proposal then was presented to the Advisory Planning Commission on September 22, 1992 where it was continued again for the following reasons: 1. A trailway to the school on the northwest corner of the site needs to be developed. 2. Resolve the access point issue so that the private street on the east portion of the site be corrected to the north/south public street (a "Y"type access). The private street on the east portion of the site shall be disconnected to the east/west public street. 3. Lower the density. 4. The development of more single family housing is encouraged. PROPOSAL: The latest proposal is still a mixture of residential uses. The plan now includes 31 single family homes--an increase of 14, 35 townhouse units--a decrease of 69 units, and an increase of 20 in the number of quadrominiums. This results in an overall net reduction in units of 35 to 126. The overall density for the entire scope of the project is 3.3 units/acre. This is a reduction of 1.47 units/acre from the original plan and .94 units/acre from the second plan. COMMENTS: The single family portion of this plat has now been extended to the western edge of the plat along the north property line, as well as south to Diffley Road on the western side of the pond. Access to these lots is provided by an east/west public street from the east (Cashell Glen Road) which cul-de-sacs at the west property line. Access is also provided to the single family lots by a north/south public street from Diffley Road. All of the lots meet, or exceed minimum lot size and width requirements. Density for Blocks 3, 4, and 5 is 2.26 units/acre. A 20'wide public path easement has been located in the extreme northeast corner of the site abutting Lot 9, Block 4. Another 30'wide public path easement has been proposed between Lot 5, Block 3, and Lot 1, Block 4. Both provide access to the school property to the north. The western portion of the site contains 60 quadrominiums on 12.9 acres. The 15 buildings consist of four units per building; each single level unit is 1,387 sq. ft., having two-car garages,and are brick and aluminum sided. They are served by two east/west private streets which take access from the north/south public access, and a private north/south street. None of the quadrominiums take direct access to the public north/south street. Thirty-four additional guest parking spaces have been added throughout the quad homes. The density of Blocks 1 and 2 is 4.65 units/acre. The 35 townhomes east of the pond remain the same style as previously submitted. The original plan submitted showed the private cul-de-sac taking access from the south. The developer's second plan proposes the cul-de-sac to come from the north off Cashel! Glen Road. Now, due to opposition,the developer has proposed the access from the south again. The approximate 1,000' cul-de-sac will require a Variance to the maximum 500' cul-de-sac length. Sixteen additional guest parking spaces have been provided along the private street. The density for Block 6 is 3.09 units/acre. Homeowners Associations shall be established for all multi-family areas. Both multi-family exteriors meet, or exceed the City's requirements set forth in Subd. 6H-Exterior Building Finish-stating that at least 50% of any exterior finish shall consist of a combination of materials which are non-combustible,non-degradable,and maintenance-free. The landscape plan shows a good mixture of understory deciduous trees, as well as evergreens. The applicant is preserving some of the existing vegetation around the pond which includes many mature trees. PARKS & RECREATION: The Advisory Parks, Recreation, and Natural Resources Commission reviewed this plat at their September meeting and gave the following recommendations: • The proposal is subject to a cash parks dedication. • The proposal is subject to a cash trails dedication. • The developer grade an 8' wide pad to the Deerwood School property within the trailway easement. The developer coordinate the alignment, grading, and sequencing with the school district. • The site plan preserve the oak stand at the NW edge of the pond. • The developer provide a tree protection plan for City review and approval prior to Final Plat. • The site plan provide 28,800 sq. ft. of recreational open space. 4 GRADING/DRAINAGE AND EROSION CONTROL: The 30 acre site contains a mixture of open fields and wooded areas and a 2 acre pond (Pond BP-4) located in the center of the site. The preliminary grading plan shows that a majority of the site will be disturbed by the site grading. However, the existing trees around Pond BP-4 are proposed to be saved and also a row of trees along the north property line are shown to be saved. The grading for the site will require a maximum cut of 18' and a maximum fill of 12'. A small amount of grading will occur off the site beyond the northwest corner of the site on the Deerwood Middle School Addition development. Any existing wells or septic systems on this site shall be abandoned prior to the grading of this site according to City and Dakota County requirements. Locations of the wells and septic systems shall be shown on the final grading plan. The drainage from this site will be directed to Pond BP-4 which is a designated pond in the City's Stormwater Management Plan. In addition to the direct drainage of approximately 70 acres that drains to BP-4 an additional 3,700 acres drains to the pond. On the south end of BP-4 a 42" storm sewer line drains into the pond as well as a 36" line that drains Diffley Road. The City currently has an outlet for Pond BP-4 with a controlled elevation of 874.2. Because of the difference in elevations of the outlet compared to the invert of the 42" line entering the pond, the City is studying how to revise the storm sewer in this area to lower the normal water level of the pond to closer match the invert elevation of the 42" line. By lowering the normal water level of Pond BP-4, it would allow the 42" line to drain more effectively into the pond and eliminate some maintenance problems that the City is now incurring. The grading and drainage plan shall include a storm sewer line along the east/west public street to the west property line of this site. The storm sewer line is needed to provide drainage for approximately an 8.3 acre area of future development west of this site. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. Pond BP-4 and the trees around the pond shall be protected from grading and erosion activities. WATER QUALITY AND WETLANDS PROTECTION: This development lies in Drainage B, a short distance upstream from Blackhawk Lake. Blackhawk Lake is designated a Class I water body and is intended to have water of sufficient high quality to support direct contact recreation. Runoff from the proposed development will eventually reach Blackhawk Lake and, if not treated, would degrade its quality. Staff will recommend that this developer provide an additional 2.4 acre-feet of excavated wet pond volume in Pond BP-4. It has not yet been decided whether the City will require a cash dedication from the developer, then do the work itself, or whether the developer will be requested to do the work. The City is also considering the possibility of using water quality dedication funds to further enhance the ability of Pond BP-4 to treat stormwater. In addition, the City will lower the elevation of the control structure for Pond BP-4 and drop the normal water level in the pond by about 3.2 feet. This project would be done as a 1 public improvement project by the City using City funds and would alleviate a problem that causes a back-up of poor quality water into Heine Pond (Pond BP-5). Heine Pond is one of six Class I lakes in the City and has experienced severe degradation in water quality this year because of this problem. There are several wetlands on-site which are subject to regulation under the Wetland Conservation Act. The developer is currently preparing a report that inventories and assesses prospective impacts to these wetlands, and outlines what measures will be taken to avoid and minimize these impacts. It will also discuss any replacement requests. City staff will review the report and present their recommendations to the Parks, Recreation and Natural Resources Commission on November 5. These recommendations are subject to the approval of the Advisory Parks, Recreation and Natural Resources Commission. UTILITIES: Sanitary sewer service is available to serve this site from an 8" line on Diffley Road or from an existing 27" trunk sewer on the east side of the property. The preliminary utility plan shows connecting to the 8" line on Diffley Road at the public street connection opposite Heine Court. Also, a connection is shown to the 27" line in two locations. One location is to serve the private street area in the southeast corner of the site and another location is in the northeast corner of the site at the intersection of Cashell Glen in the Deerwood Ponds Addition. As shown on the preliminary utility plan, sanitary sewer shall be stubbed to the west property line in the east/west public street to serve the future development of property to the west of this site. Watermain of sufficient size, pressure and capacity is readily available to serve this development from an existing 12"watermain on Diffley Road,from an existing 6"watermain along the east property line in the development of Knob Hill of Eagan, from a 6"watermain in Cashell Glen, and from an 8" watermain in the Deerwood Elementary School site. The watermain layout shall include a looping system fed by the City's Intermediate Pressure Zone watermains. As shown on the preliminary utility plans, the watermain layout shall include an 8" stub in the northeast corner of the site that will connect to the existing 8" watermain provided by the Deerwood Elementary School. STREETS/ACCESS/CIRCULATION: Access to this site is proposed in two locations. The site plan shows connecting to Diffley Road (Dakota County Road 30) opposite Heine Court with a public street that will run in a northerly direction. The preliminary site plan also shows connecting to Cashell Glen which is a street in the Deerwood Ponds development in the northeast portion of the site. The preliminary site plan shows a stub street with a permanent cul-de-sac at the west property line of the site. If development occurs to the west in the future, the cul-de-sac would be removed and the street extended to the west. The townhouse units along the east side of Pond BP-4 are proposed to be served with a private street that will head northerly and connect into the public street along the south side of Pond BP-4. The townhouse and quadriminium units along the west side of Pond BP-4 will be served by private streets that will connect to the north-south public street. The north/south public street from Diffley Road up to the east/west public street shall be a 36' wide street. The east/west public street from Cashell Glen to the north/south public street shall be a 32' wide street. The private streets shall be designed according to the City Code requirements with bituminous surfacing and concrete curb and gutter. EASEMENTS/RIGHT-OF-WAY/PERMITS: The final plat shall dedicate a permanent drainage and utility easement over Pond BP-4 up to its designated high water level. The sanitary sewer and watermains that will be provided to serve the quadriminium cluster housing units and townhouse units in the private street areas shall have permanent drainage and utility easements dedicated over the main lines. A permanent right-of-way shall be dedicated by the developer over the cul-de-sac along the west property line of the site. The east/west public street and the north/south public street shall have 60' of right-of-way dedicated over the streets. The development will be responsible for ensuring that all regulatory agency permits (MPCA, Minnesota Department of Health, MWCC, Minnesota DNR, Dakota County Highway Department, Corps of Engineers, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION • Wenzel 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 S.F. 17.25/ff 1,887.68 ff $32,562 Sanitary Sewer Lateral Benefit S.F. 25.25/ff 1,315.16 ff 33,208 Water Lateral Benefit S.F. 20.30/ff 594.01 ff 12,058 Storm Sewer Storm Sewer Trunk M.F. .018/S.F. 561,924 S.F. 10.115 Total $87943 There are levied assessments with an unpaid balance $50,104.77 which will be allocated to the newly oriented parcels. In addition, there is approximately $115,264 of Green Acres postponed installments that will become due when this parcel, or its successor parcels, are no longer eligible for Green Acres status. PRELIMINARY PLAT CONDITIONS FOR WENZEL ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 19, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4, C5, D1, El, Fl, G1, and H1 2. Snow fencing shall be installed around the trees located near the pond to ensure tree preservation during grading and construction. The snow fence will be inspected prior to issuance of any grading permit. 3. All plant material shall meet City minimum standards. 4. Boulevard trees shall be allowed T' from back of curb on single family lots. 5. Existing well and septic systems shall be removed and inspected by proper agencies. 6. Homeowners and condominium associations shall be formed and declaration of covenants shall be provided to the City prior to Final Plat. 7. A storm sewer stub that will be designed to drain 8.3 acres shall be provided at the west property line of the site in the east/west public street. 8. 8" sanitary sewer and 8" watermain shall be stubbed to the west property line of the site at the east/west public street. 9. The watermain layout shall include the extension of an 8" line in the northeast corner of the site that will connect to an existing 8" watermain stub provided through the Deerwood Elementary School site. 10. The east/west public street and the north/south public street shall have 60'of right- of-way dedicated. 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. S. Easements and Rights-of-way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot limes 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. • 61/6 • 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. E. Other • 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.eon - LTS *2 Wenzel Additon t -711) • • II 1 1Th —. -- - �. w• • fir i ` • / • ..- • • IrAii 1 d ��00� i • • w ...- e te5014 " . -01k1 : - . . . -_____ NA •••• • • , 1 " . .. ... • .� 'y school e : ; : . • it '1 j, •'•. •�•J/ •• �'.• Off••000 hl '• i. — .- ... ri • • • • • . •. • - r • • \ • • 1 1 1 i 1 1 41 ' 41.1 ' 1 . 1 • ' tsL 1 ' I * 1 ° ' 1• i 1t•r 4.1 ,3 `�• 1 !• '1. 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MM IIA1111 NMRA NO 0111111.un011 RM CITY OF • EAGAN \0\ . i Z. —•.-,; _BP-3S`�1,...11,-2 ,/ ` 665.0 -I r' / P-3T -8T32•N-8 9 N / J y.,872.7 T '71:14? 55 903. ; r.4c SC'--j--� •:c 1• L0 ? . -i- fi 908.0 • ~� rJaP-48.,.`17. 9 .510.? a is '4 . "¢-•1 • ,i '11 13. 18 fi,y .e.. °O.410;82.1 "S.C.-3•ICI t_.'n'-.:"'41 1 9W .� @P-S.1 •/` ! t f' t, _i° k : 9 ��2J t. $ A w 'so 900:0 3• -'�_-�'_''..0-.=. S3 .. T� 1 181)124 . . 1 ...• [ ZEE 09.8 / •off ¢�;;,BP-17. 1_ ,......i7,' . ` V • iB.l 1, p: / ..1"- _20- 3:" -4. BP-23 f = ( ��a -}.:;:_840.'P .931 3 �' ,� � ;�,� s1�.0 8 - 9J23. TI '3C , V . 8 1 • ,;.1 IL 919.3 ~=lig,., - -$ ,5 ='•,' 892.0 J';-• :,• :� 6 BP-E�- w -:;:.PTT, , B :16 ••' .i�u::44`:- ; •39098•J,1 8-p:-,re l r ^' ' :s5i y.' .' sS 1 ���or •--- _ .4, _4 i-e _88P 1P-S.• 9 1v)-/60 i /./ , SITE . LEGEND • PO.OINO ANEA$ . STOMA SEWERS(.al.I* WORN SEWERS 4w.P...m ♦������ STORM LiT STATION(.a INRID • STORM LIT STATION(/A...O 0 • . STORM PONCE MAIN .S •• ♦.i♦ AIAJO5 DIVISION IIMINN_ al•N11• . POND NORMAL WAT'EN LEVEL . . . . . . $00.0 POND IRON WATER LEVEL • $00.0 OVERLAND ORANAOE ROUTE FIGURE No17 • STORM SEWER LAYOUT . MAP • . . . • CITY OF . .. EAGAN \ zzA ti „, ,.., ai 1 • . 1 1 . i I , i #. t' .hi lit .. .1 RI II •_: • 4 (II pt r illilili ii,..,, cP-4 : i -` :.: 1 : 1 il'::::::::::::::::: - • I:1 (1 ii - . :41 la lei 1 • . . 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L g 1=•- ic::::::::*02.•.•1 ...• 611 CO .., r Lzdtkr3 L swi �' �,� • ` ,x• ,; ':: :'' • : ::::. � �Q o:; ; r: . n '•. . •• • 7�'�7f--... .. .:HV A/. ........... ..••....... \¼ 7— SENT BY: 10-28-92 ;12:03PM ;SEVERSON WILCOX SAFE-+ 612 681 4612;# 7/18 Page 6/HAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 •XNZHL ADDITION WNMAMAMN REALTY • Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 40 AG (Agricultural) acres to a PD (Planned Development) district allowing a mixture of residential uses and a Preliminary Plat consisting of 126 units located along the north side of Diffley Road in the SE 1/4 of Section 21. City Planner Sturm stated that this application has been before the Commission twice before. Both times the Commission and citizens have raised concerns regarding this application. The applicant has revised the site plan since the last meeting. Herb Wensmann, the applicant, stated that he tried with all sincerity to meet all of the concerns of the citizens and the Commission. Dick Sausier, 4188 Knob Circle, stated that the applicant has done a good job of meeting his concerns and feels this is a much approved application. Janet Magnuson, 4198 Knob Circle, questioned what type of variance the applicant was requesting. City Planner Sturm replied that City Code allows cul-de-sacs to be only 500 feet in length and the applicant is proposing a 1000 foot cul-de-sac. Ks. Magnuson felt this was a significant difference in length. She further stated that Deerwood Ponds Addition was approved last summer and that the current application is 3X higher in density than the Deerwood Ponds Addition. she felt that the density is still too high and that this application will effect surrounding property values and will require the need for more City services. She also mentioned that the residents of Knob Hill would like the City's help in enforcing the ordinance which prohibits builders and subcontractors from working after hours and on weekends. Currently, there is a flagrant disregard of this ordinance. James Mittley, a resident of the area, stated that he strongly opposes this application. He felt that a wise decision must be made because years later it cannot be changed. He mentioned the lack of single-family homes in the area and believed that this application is not progress but only a profit. He stated that making a buck is the bottom line. He was concerned that the proposed townhomes would eventually be rental property which would decrease the neighboring homes property values. Mr. Mittley further stated that this land is muffled by traffic noise and is not in the air traffic corridor and felt it was One of the prime areas left in the City that has not been developed. He did not wish to see this natural and beautiful land developed in this manner. o3 x-95% 612 432 3780 10-28-92 12:01PM P007 #04 SENT BY: 10-28-92 ;12:09['M ;SEVERSON WILCOX SH91-► 612 681 4612;# 8/18 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 Neil Ringsbeck, a resident of Knob Circle, requested the estimated selling prices of the proposed townhoes, single-family homes and quadrominiums. Mr. Hanemann replied that the townhomes will sell for approximately $100,000, the single-family homes for approximately $200,000 and the quads for approximately $165,000. Mr. Kingsbeck further stated that he would like to see more single-family homes in the area and asked what the plans'were for the remaining property to the vest of this site. Alan Pashke, 4194 Knob Circle, stated that he is the President of the Knob Hill Townhome Association and this his group is neutral on this application. Re mentioned that they prefer more single-family homes. He further stated that the density is better, however, there are still problems with increased traffic and the increased need for City services. Jim Hu, a resident of Duckwood Apartments, raised his concerns regarding density. He mentioned that there is already too much high density areas in the City. He stated that this application looks fine, however, he was concerned with the future land to the west of this application to Highway 35E. He did not want to see more Multi-family housing built there. Chairman Voracek commented that he had heard three primary concerns: 1) density, 2) rental property v. individual ownership of townhomes and 3) construction traffic on nights and weekends. Mr. Wensmann replied that the Comprehensive Guide Plan density requirements are 6 units/acre or less. This application is approximately 3 units/acre. Regarding the rental property v. individual ownership, Nr. Wensmann stated that these will be nice, quality townhomes that will be owner-occupied. Since the townhomes will be valued at over $100,000 it would not be practical to buy and use as rental property. Mr. Wensmann also stated that he will instruct his workers only to work from 6:30 a.m. to 4:30 p.m. on weekdays and if there is a problem working on Saturday mornings they will not work. Member Griggs questioned if there would be association dues and what the exterior of the multi-family homes would be. Mr. Wensmann replied that there would be association dues and that the exterior of those homes would be 40-50$ brick. (2)R-9596 612 432 3480 10-28-92 12:01PM P008 #04 SENT' BY: 10-28-92 ;12:04PM ;915 ERSON WILCOX SHEL 612 681 4612;# 8/18 • Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 Member Graves stated that the applicant has complied with past recommendations of the Commission and feels that this is as good as this application will get. Member Miller stated that the applicant has lowered the density and has incorporated all of the Commission's recommendations into this proposal. He stated he was in favor of this application. Member Gorman stated that there is too much multi-family housing proposed, however, the applicant has been receptive to the Commission's concerns and is satisfied with this proposal. Member Miller questioned whether the current zoning of the land from the applicant's site to Highway 35E can be modified before an application is submitted requesting multi-family housing on that site. Memmber Merkley stated that the applicant did an excellent job of complying with the Commission's requests, however, he still cannot support this application because of the density. Chairman Voracek stated that the Commission was not specific enough regarding the density and that the applicant essentially met or exceeded the Commission's requirements. Member Griggs requested that a condition be added which requires the multi-family homes to have an exterior consisting of 60% brick. Miller moved, Griggs seconded, the motion to approve a Rezoning of approximately 40 AG (Agricultural) acres to a PD (Planned Development) district allowing a mixture of residential uses located along the north side of Diffley Road in the SE 1/4 of Section 21. All voted in favor, except Merkley and Hunter who opposed. Approved 5-2. Miller moved, Griggs seconded, the motion to approve a Preliminary Plat consisting of 126 units located along the north side of Diffley 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, B1, B2, B3, 84, Cl, C2, C3, C4, C5, D1, El, R-95% 612 432 3780 10-28-92 12.01PM P009 #04 SENT BY: 10-28-92 ;12:04PM ;SEYERSON WILCOX Still-) 612 681 4612410/18 Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 F1, G1 and H1 2. Snow fencing shall be installed around the trees located near the pond to ensure tree preservation during grading and construction. The snow fence will be inspected prior to issuance of any grading permit. 3. 111 plant material shall meet City minimum standards. 4. Boulevard trees shall be allowed 7" from back of curb on single family lots. 5. Existing well and septic systems shall be removed and inspected by proper agencies. 6. Homeowners and condominium associations shall be formed and declaration of covenants shall be provided to the City prior to Final Plat. 7. A storm sewer stub that will be designed to drain 8.3 acres shall be provided at the west property line of the site in the east/west public street. 8. 8" sanitary sewer and 8" watermain shall be stubbed to the west property line of the site at the east/west public street. 9. The watermain layout shall include the extension of an 8" line in the northeast corner of the site that will connect to an existing 8" watermain stub provided through the Deerwood Elementary School site. 10. The east/west public street and the north/south public street shall have 601 of right-of-way dedicated. 11. The exterior of the multi-family housing will be constructed of at least 60% brick. All voted in favor, except Merkley and Hunter who opposed. Approved 5-2. °(° R■95% 612 432 3780 10-28-92 12:01PM P010 #04 MEMORANDUM TO: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 28, 1992 RE: WENZEL ADDITION At the October 27 Advisory Planning Commission meeting, the Wenzel Rezoning and Preliminary Plat consisting of 126 units were approved 5/2. The location is along the north side of Diffley Road, south of the Deerwood schools. The Comprehensive Plan designates the site D-II (0-6 units/acre). This item was originally reviewed by the Commission in August. At that time, the proposal was for three housing types: single family, duplex, and cluster homes. There were 181 units with a density of 4.8 units/acre. The item was continued after a lengthy discussion until the September meeting. At the September meeting, a revised plan was presented eliminating the cluster homes. The total number of units was reduced to 161 and the density lowered to 4.2 units/acre. After another lengthy discussion, the item was continued for four major reasons: 1. The need for a trailway to the school on the west portion of the site. 2. To try and have the access to the easterly townhouses from the south. 3. Lower the density. 4. More single family lots were encouraged. Another plan was prepared for the October meeting calling for: 31 single family lots - an increase from 17; 35 townhouse lots- a decrease of 69; 60 quadrominium units - an increase of 20; for an increase of 20 total units. The total number of units is 126 with a density of 3.3 units/acre. Access to the easterly portion of the site is again being proposed from the south. That road is approximately 1,000 ft. and a Variance would be necessary from the 500 foot code requirement. As proposed, the multi-family areas meet the City's 50% maintenance-free requirements. One condition was added: ° 60% of the multi-family buildings shall be constructed of brick. Attached are copies of the most recent site plan (September and August), as well as a draft of the Planned Development Agreement. If you would like additional information, please advise. City Planner JS/js attach. O iZ t � t f II I .. :Mit • se 11 s r ill 1 1;1 ; 1 111. . i 0 Iii twit � I 111 �tt ii, ti • i s 4.e • w •• - . •t •E�-- . ----:7--- T-,-- .,_ ., . , T rit( -°- -eirilaii-AV------------------ .6. 14.0A1 4114-11413111 • _rt. .., • Nat, / up a • i -/ta. 0,A. r at 7 O /S :irHi 1 I * liPriP r ligril LaiV. \\I w t I J t I/ 1 ll.l ~ 41 I'` r-17----`" /.4. .qt ° ■ • � . ••s •• . ... •. _ J a-• • .;: on * se P ; . CZ W r , O 0— i .. •• r 4 12c-- , • • , w - I el - t� — _ - .. N " M. ! I s Am vow 1 1 / •• 1► �r.••�"' , € o , � :.. _ al 'dLijivrelf•'� V' ��� IL- J.16.6. a yvw . 0 � .arw�y• i • 1 1 • 7 � o ' -� _L1 : I ; i':ir ::�:'. ; .°. :. rib• .9°. p „ ■. . .. 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' 1 * #451(• 1_ s►. f ;: � ms � n 1 4•• j wry A i d�_ ihrifiiiiite G• ••., t 4 neS Il„r. 1 ., tio 1---j---r -44i 41_7_ __ ..at. 1._i.i__ .+s 0 . i=• V ) - �• It .% te `.� s�� e ' I Li o 3 as gIiIIIII1 �_ t C= .;:4*. i. i 1 : ., : \ 1 Ci W ' ''!' la . _fga-mmilinviaislIAlirriffor r _ ;l'.. .1; 1 N._til_ __ 1 _ __I c.., • mu. wit efe--„,rozimilrltyrniat l'a t ' =nnr. 1 $1? tnriq n n ; t _nn: �nn� . ::.`"la,.a X00: ' a; : a�l[7- "�n= ila :� aO14__ >. . t . i�© �[ltJ_ n(]i inn! l�t ��. , `� i.i. _ �IUnr ;gin A �1ni inn- i! e —--1. --'1. f I C I�.! 1 wis f _L._ _ _ _ a+7... ..►a �-mil I st ...- 1 r1"--.•- IT t-- _ 0,, I I • • 1 I � ski d / I _____ ____ _,.._ I _ - ` - - -- '�` O `r o t! 1 S x'� 7 t v w 0 i - -- -` __ t1 a lit 1 PLANNED DEVELOPMENT AGREEMENT WENZEL ADDITION THIS AGREEMENT is entered into this day of 19 , by and between the CITY OF EAGAN (hereinafter the "City") , a Minnesota municipal corporation and WENBMANN REALTY, a sole proprietorship (hereinafter the "Owner") : WHEREAS, the Owner has made application for rezoning of approximately 40 acres located in the SE 1/4 Section 21 in the City of Eagan, State of Minnesota and legally described as set forth in Exhibit A hereto (the "Property") to a Planned Development District Zoning and has submitted a Development Plan attached hereto as Exhibit B ("Development Plan") ; and WHEREAS, the parties desire to set forth the zoning standards and conditions which will govern the development of the Property, including matters relating to compliance with the City's Planned Development Ordinance; and WHEREAS, except as specifically set forth herein, this Agreement does not address and is not intended to address issues of property subdivision, public improvements, assessments, or other matters that may be related to development of the Property; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants which follow, the parties agree that: 1. DEFINITIONS As used herein, the following definitions shall apply, unless the context clearly indicated a different meaning: (a) "Property" shall mean the land located in Eagan, Minnesota which is owned by the Owners and legally described in Exhibit A hereto. (b) "Development Contracts" shall mean the agreements entered into between the parties from time to time setting forth the actual pattern of development for each parcel of the Property shown in the Development Plan attached hereto as Exhibit B. Such Development Contracts shall become Exhibits hereto and shall incorporate the terms and conditions contained herein. (c) "Develop, " "developing," or "development" shall mean the Owner's construction or modification of, or on, the Property as set forth in this Agreement and Development Plan. 2. AGREEMENTS 2.1 Agreements by Owners. The Owners hereby agree that they will develop the Property in compliance with the Eagan City Code, the Development Plan and the terms and conditions contained herein. The Owners further agree to apply for and secure all permits or licenses required by federal, state, or local law for development of the Property. 2.2 Agreements by City. The City hereby approves the Development Plan subject to the terms and conditions contained herein. Further, the City hereby agrees to approve any site plan(s) , final plat(s) and any grading, building, occupancy or other permits and to take whatever action as may be, or may become, necessary to implement this Agreement or the Development Plan; provided, however, that the City reserves the right to object to any particular element of such plan(s) , plat(s) , permits or action which it reasonably determines is contrary to the law, or the health, safety or general welfare of the citizens of the City. 3. CONDITIONS GOVERNING DEVELOPMENT OF TEE PROPERTY The Property shall be developed according to the conditions specified in Exhibit C: 4. DEFAULT As used herein, unless the context otherwise provides, "Default" shall mean any one or more of the following events: (a) Failure by either party to observe or perform any covenant, condition, obligation or agreement contained herein or in the Eagan City Code within thirty (30) days (or within such other period as the parties may agree in writing) after receipt of written notice of such failure. (b) Failure by the Owners to commence development (which shall mean, but not be limited to, any of the following acts or combination thereof; platting the Property, pouring footings, or driving pilings) within five (5) years of the date of this Agreement. 5. REMEDIES 5.1 City's Remedies. Upon any Default by the Owners, the City may take whatever action at law or in equity as may appear necessary or desirable to the City to enforce performance and observation of any obligation, agreement or covenant of the Owners hereunder. Further, upon Default by the Owners, the City may take one or more of the following actions, with respect to the portion of the Property involved ("Default Property' ) or any portion thereof: (a) Initiate an amendment to the City's adopted Comprehensive Land Use Plan for the default Property; (b) Initiate rezoning of the Default Property or any portion thereof to a zoning classification consistent with the land use designation for such Property; (c) Declare null and void any building and site plans or Development contracts for the Default Property approved pursuant to the Planned Development Ordinance; (d) Refuse building or other permits for the Default Property; or (e) Stop work on the Default Property through the issuance of stop work orders. 5.2 Owner's Remedies. Upon any default by the City, the Owners may take whatever action at law or in equity may appear necessary or desirable to the Owners to enforce performance and observance of any obligation, agreement, or covenant of the City hereunder. 6. PARTIES' WARRANTIES 6.1 City's Warranties. The City hereby represents and warrants to the Owners that it has and will have full power ad authority to enter into this Agreement and to perform hereunder. The City further represents and warrants to the Owners that such entry and performance does not and will not violate any law, rule, ordinance, agreement or any other obligation or duty of the City. 6.2 Owners' Warranties. The Owners hereby represent and warrants to the City that it has and will have full power and authority to enter into this Agreement and to perform hereunder. The Owners further represent and warrant to the City that such entry and performance does not and will not violate any right of any third party or create any liability to any third party. 7. NOTICES Notices, demands or other communications under this Agreement by either party to the other shall be sufficient and deemed delivered if dispatched by registered or certified mail, postage prepaid, and addressed to the party and its attorney(s) at the addresses listed below. Either party may designate another address or attorney(s) for receipt of notice under this paragraph by designating in writing, and forwarding such writing, to the other party as provided in this paragraph 7. 3 In the case of the City, notices shall be mailed to: City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 Attn: City Administrator Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 Attn: Mike Dougherty In the case of the Owners, notices shall be mailed to: Wensmann Realty 3312 151st Street West Rosemount, Minnesota 55068 Attn: Herbert H. Wensmann 8. AMENDMENTS This Agreement may be amended from time to time as the parties shall mutually agree. Any such amendment must be in writing and signed by both parties. Furthermore, the Development Plan may be amended upon application by the Owners and approval of the City pursuant to Eagan City Code. Amendments to the Development Plan once approved, shall become Exhibits hereto and shall be fully binding upon the parties as if fully set forth herein. 9. EXHIBITS The following Exhibits attached hereto are incorporated herein be reference and made a part of hereof as if fully set forth herein: Exhibit A Legal Description of Property Exhibit B Development and Land Use Plan Exhibit C Conditions 10. ASSIGNMENT Except as specifically stated herein, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 11. RECORDING This Agreement shall run with the subject land andy may be recorded in the Office of the Dakota County Recorder or Registrar of Titles. 12. GOVERNING LAW This Agreement shall be governed by and construed under the laws of the State of Minnesota. 13. GENERAL PROVISIONS Should any provision of this Agreement be held to by void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any such provision. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. APPROVED AS TO FORM: CITY OF EAGAN, a Minnesota municipal corporation City Attorney's Office By: Thomas A. Egan Its: Mayor Dated: APPROVED AS TO CONTENT: Community Development Dept. By: E.J. VanOverbeke Its: City Clerk Dated: WENSMANN REALTY By: Its: Date: f STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) • On this day of , 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VANOVERBEKE to me ersonall known, who being each by me duly sworn, each did say that they are . respectively Mayor and Clerk of the City of Eagan, the municipality name in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. NOTARY PUBLIC STATE OF ) ) COUNTY OF ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared to me personally know, who, being by me duly sworn to be the of the Corporation named in the foregoing instrument, and that said instrument was signed on behalf of said Corporation by said and he acknowledged said instrument to be the free act and deed of the Corporation. NOTARY PUBLIC STATE OF ) ) COUNTY OF ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn, each did say that they are respectively and of the County of Dakota, the body politic named in the foregoing instrument, and that said instrument was is acknowledged to be the free act and deed of the County of Dakota. (((e NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 /r7 EXHIBIT "A" Legal Description: The Southwest 1/4 of the Southeast 1/4 of Section 21, Township 27, Range 23. e EXHIBIT "B" • ii .I i t s . . .i: .,..i • ill • 1 ; . it ..,—..-..... 91 - 1 1 s Iiirtil� w - : :th . lip+. III Ia ii iii...7' U Ili .a„....-..:_wil_T.:_ t..., _ _ ..Ls ate.. h. 13 1.4.El--- - ---- I 4 1 . ... lovs 4:A14 3 0...., _rilteri rator i, 1 : 1 . 1 P. 111V.;_sloP • 6. "" -.1 NM L \ il\I ii .4, • m. Li.: „ 4 HU ff ars Irlitapj /40tp•■ s . <40141, 11/1411.1 Ole a :0 • i 44441147 I lb a.. % # it a 1 1:51- ' __ftiNd 11 1107 1 .m....0 4 7A PA 4' S o I' zR r ; tt. r 1 r • jfl ♦ w a • wr,, s = • •1 v IS M► $ .•.,m...s w++ o . Q! ■ - . )- 1 I: * : • migi Se ME! ' IE Kr am lorz : • d 74 ffr I en .;.. : MI = lim eigriR s en j •Its 4, A_ ip ton......., t.vw.ya a s 1 •-...L.A.m. ... ...ILIJI., m....L.A..• i + a • s. o 0 D 0 dl!. .. .. .. .. , '°��,' .9P. iffW mg .9P. o i !� ! ] �_ i 7 8 DE os la, — • --, v //1.- . —--• -- EXHIBIT "C" PLANNED DEVELOPMENT CONDITIONS FOR WENZEL ADDITION 1. Each housing style (other than single family) shall have compatible exterior colors. 2. All trash shall be contained within the unit until the day of pick up. 3. A Comprehensive Landscape Plan shall be submitted with the first phase of development. 4. All common green space areas shall be irrigated. 5. All signage shall be subject to Sign Code requirements and the one-time sign fee of $2.50/sq. ft. 6. All multiple family exterior finish shall be 60% brick construction. //C;2 ) MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR /FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 30, 1992 RE: WENZEL ADDITION; WENSMANN REALTY Background At the Advisory Parks, Recreation and Natural Resource Commission meeting in October, Herb Wensmann of Wensmann Realty submitted a "last minute" plan for review by the Advisory Commission. This plan had been revised and was submitted to the Advisory Commission without the opportunity for a staff reviewal or comment. Further, there was no grading plan submitted with the document to illustrate issues of concern for the Advisory Commission. Commission Action At that meeting, the Advisory Commission reviewed the preliminary plat and did conclude that a recommendation that there be a cash trail dedication, and a cash park dedication. Other conditions were that the developer was to grade an 8' wide path and pad to Deerwood Elementary School, the site plan preserve the oak stand in the northwest edge of the pond, and the developer provide a tree protection plan for City review prior to final plat approval. The site plan was also to provide recreational open space according to City code. Of concern to the Advisory Commission was for water quality, loss of trees in the northwest corner of the pond, and the potential impact of the grading of the new roadway at the pond's edge. Without even a minimal grading plan, the Advisory Commission could not interpret the extent of the impact of the grading on the pond or the trees or to determine if there would be any impact at all. Consequently,Advisory Commission,in making their recommendations requested that the developer bring back a grading plan at the November Commission meeting so they could complete their recommendations to the City Council in regards to these concerns. The City Council and Advisory Commission are meeting simultaneously,therefore, the Commissions recommendations will not be able to be transmitted to the City Council in a timely manner. At the time of this memorandum, staff has yet to receive a grading plan from Mr. Wensmann to present to the Advisory Commission. Therefore, it's my recommendation to the City Council that any review of the preliminary plat at the City Council meeting on November 5, be subject to the Advisory Parks, Recreation and Natural Resource Commission's recommendations already made, and that it be subject to the reviewal of the grading plan and the impact on the woodlands resource and water quality resource by the Advisory Commission. KV/dj DIWENZELPRE Agenda Information Memo November 5, 1992 City Council Meeting PLANNED DEVELOPMENT AMENDMENT/TOWN CENTRE 100 - 11TH ADDITION EAGAN HEIGHTS COMMERCIAL PARK G. Planned Development Amendment, Town Centre 100 - 11th Addition/Eagan Heights Commercial Park of Approximately 3.7 Acres from CSC (Community Shopping Center) to LB (Limited Business) on Approximately 3.2 Acres from Limited Business to Community Shopping Center within the Eagan Heights Commercial Park Planned Development Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Sec 15--At its meeting of October 27, 1992, the Advisory Planning Commission considered the above referenced planned development amendment together with a preliminary plat and conditional use permit application which are the subject of the action item immediately following. For additional information with respect to this planned development amendment, please refer to the Conup&ty Development Department staff report which is enclosed on pages through PD for your review. Please note the attachments which show the proposed amendmt,,), nt and land use relocation. Also enclosed on a e the P g�� h APC minutes relative to this item. The APC is recommending approval contingent upon the approval of the Town Centre 100 - 11th Addition preliminary plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a planned development amendment for Eagan Heights Commercial Park as presented. (ca. SUBJECT: PLANNED DEVELOPMENT AMENDMENT APPLICANT: EAGAN HEIGHTS COMMERCIAL PARK LOCATION: NE QUARTER SECTION 15 EXISTING ZONING: PLANNED DEVELOPMENT-LIMHTED BUSINESS PLANNED DEVELOPMENT-COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: OCTOBER 27, 1992 DATE OF REPORT: OCTOBER 20, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Planned Development Amendment to exchange Planned Development-Limited Business and Planned Development-Community Shopping Center zoning on comparable size parcels located in a portion of Outlot E, Town Centre 100 Addition and Outlot A, Town Centre 100 9th Addition. BACKGROUND: The 3.6 acre Outlot A Town Centre 100 9th Addition is currently zoned Planned Development-Community Shopping Center; the 6.4 acre Outlot E of Town Centre 100 Addition is currently zoned Planned Development-Limited Business. The area in question is located north of Town Centre Drive, south of Yankee Doodle Road, west of O'Leary Lane and east of Yankee Place. Aside from Outlot E, Town Centre 100 Addition which is zoned PD-LB; the remaining area,including the Blue Cross/Blue Shield office tower and auto emissions testing center, is zoned PD-CSC. COMMENTS: The applicant is requesting an amendment to the Eagan Heights Commercial Park Planned Development whereby the zoning of Outlot A, Town Centre 100 9th Addition, will be changed from Planned Development-Community Shopping Center to Planned Development-Limited Business and the zoning of the northerly 3.2 acres of Outlot E, Town Centre 100 9th Addition, changed from Planned Development-Limited Business to Planned Development-Community Shopping Center. This request results in the zoning of the southerly 3.2 acres of Outlot E, Town Centre 100 Addition remaining? .N3 • • set 1 (CV .0N 'O '0D) 1 y—NO 'Or} — fr- - •• c. >10 e;.. w ,- - 24 1;.' 4- N : 1 • D mN li!4k JD- in cc W r � e il 9 10° ..-- ti \..... I-z V �"4 ! • W 'If1 r^ • Z NQ 5 '( Zi / J .. t �- .. • 17:;/ ' • � N I W •� m H —j '1f1ti in cD • X — MU. W tr W 15. I Ha' 0*,jgC ' L Z c Q 0. '¢; ' w = n.••i 54 J bi I' Q {w1 ' ��. _ a= U W•• — v 04"J 0'cC=^1s N _ �— Q W Z �i RUo,... o /. oL a F Q t ..., F a Jw' - +'- D n ..o r __W LULL! ...,.c 0 f 411 St1i = y w.l ^ y f 0~ U z� i� I' ••Z�nw L »• 21 It mij . .o•-,DN^= `v 11 Y =o Z TI -S' mJmDmg ! to �' J I ii I �I W D LO ��' II ua• a Q„ W Kf U,� C Q o~W` 5 J • , (eb 'or, ad 'OD) l. mwo • , . `'e ---it.Y is - _ r .•. W ----'4 t; l: SENT BY: 10-28-92 ; 2:22PM ;SEYERSON WILCOX SHEL 612681461242/ 2 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 PLANNED DEVELOPMENT AMENDMENT EAGAN $EIGHTS COMMERCIAL PARE Chairman Voracek opened the next public hearing of the evening regarding a Planned Development Amendment of approximately 3.6 acres from CSC (Community Shopping Center) to LB (Limited Husineas) and approximately 3.2 acres from Limited Business •to Community Shopping Center within the Eagan Heights Commercial Park Planned Development located along the south side of Yankee Doodle Road in the NE 1/4 of Section 15. City Planner Sturm stated that after the planned development amendment approximately 3.2 acres that is currently zoned Limited Business will be zoned Community Shopping Center, and approximately 3.6 acres that is currently zoned Community Shopping Center will be zoned Limited Business. Martin Colon, a partner in Federal Land Company, stated that this item was discussed at length at the September 22, 1992, Advisory Planning Commission meeting. Since that time they have submitted a traffic pattern plan as the Commission requested. Chairman Voracek requested that this item be approved on the condition that the preliminary plat application for Town Centre 100 11th Addition is subsequently approved by the City Council. Miller moved, Hunter seconded, the motion to approve a Planned Development Amendment of approximately 3.6 acres from CSC (Community Shopping Center) to LB (Limited Business) and approximately 3.2 acres from Limited Business to Community Shopping Center within the Ragan Heights Commercial Park Planned Development located along the south side of Yankee Doodle Road in the NE 1/4 of Section 15, subject to the following conditions: 1. A Planned Development Agreement shall be entered into and executed with the Final Plat approval. 2. This amendment will only be effective if the preliminary plat application for Town Centre 100 11th Addition is subsequently approved by the City Council. All present voted in favor. \.2-143 R-95% 612 432 3780 10-28-92 02:22PM P002 #08 Agenda Information Memo November 5, 1992 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT TOWN CENTRE 100 - 11TH ADDITION/VALVOLINE INSTANT OIL CHANGE H. Preliminary Plat, Town Centre 100 - 11th Addition/Eagan Heights Commercial Park, Consisting of One Approximately .6 Acre Lot and an Outlot and a Conditional Use Permit to Allow an Automobile Service Station in a CSC (Community Shopping Center) District Located Along the South Side of Yankee Doodle Road West of O'Leary Lane in the NE 1/4 of Sec 15--At its meeting of October 27, 1992,the Advisory Planning Commission considered the above referenced applications for a preliminary plat and conditional use permit relative to Town Centre 100 - 11th Addition. For additional information with respect to this item, please ref r to the Co unity Development Department staff report w 'ch is enclos d n pages�z through/ 1 r your review. Also enclosed on pages / hrough �/is�a co of the APC / n . copy minutes relative to this item. Please note that the Cis recommending approval with the d i ' n of two conditions not referenced in the staff report. Also enclosed on page is a memorandum from the Parks and Recreation Department covering the par , si ewalk and water quality dedication requirements relative to this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a preliminary plat for Town Centre 100- 11th Addition/Eagan Heights Commercial Park consisting of one approximately .6 acre lot and an outlot and 2) a conditional use permit to allow an automobile service station in a CSC (community shopping center) district located along the south side of Yankee Doodle Road west of O'Leary Lane as presented. • SUBJECT: PRELIMINARY PLAT,CONDITIONAL USE PERMIT (TOWN CENTRE 100 11TH) APPLICANT: EAGAN HEIGHTS COMMERCIAL PARK LOCATION: NE 1/4 OF SECTION 15 EXISTING ZONING: PLANNED DEVELOPMENT-LIMITED BUSINESS (PD-LB) DATE OF PUBLIC HEARING: OCTOBER 27, 1992 DATE OF REPORT: OCTOBER 20, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a 6.39 acre Preliminary Plat consisting of one .58 acre lot and one 5.81 acre outlot and a Conditional Use Permit to allow an automobile service use. The entire site is presently platted as Outlot E, Town Centre 100 Addition. BACKGROUND: The zoning of Outlot E, Town Centre 100 Addition, was amended from PD-CSC to PD-LB in April 1988 within the Eagan Heights Commercial Park Planned Development. The applicant has simultaneously applied for a P.D. Amendment to change the zoning of the subject parcel to PD-CSC. The proposed plat is located south of Yankee Doodle Road, east of O'Leary Lane, north of Town Centre Drive, and west of the Blue Cross/Blue Shield 10-story office building located on Lot 1, Block 1, Town Centre 100 Addition. COMMENTS: The applicant is proposing a two-service bay Valvoline Instant Oil Change on the .58-acre Lot 1, Block 1, Town Centre 100 11th Addition. There are no current development plans for the 5.81 acre outlot, however a concept plan was prepared so overall circulation could be evaluated. The automobile service is a conditional use in the Community Shopping Center zoning district provided the following criteria are met: • The size, location, design, and number of stations shall be approved by the City as part of the approval of the overall design of the shopping center. • The opening of any service station shall follow and not proceed the construction and occupancy of a minimum 20,000 square feet of retail shopping center floor space. • Direct access shall orient toward the interior of the shopping center and not directly from peripheral streets. ° Rental of trailers and similar vehicles where adequate parking space is provided and as specifically approved with the granting of a Conditional Use Permit. The proposed Lot 1 is located at the southwest corner of the intersection of Yankee Doodle Road and O'Leary Lane. A single access to the oil change site is shown off O'Leary Lane at the south edge of the site approximately 200'south of Yankee Doodle Road. This access will ultimately extend to the west to also serve that part of the proposed Outlot A between the Valvoline site and the Blue Cross/Blue Shield office tower. The site plan calls for eight parking stalls which meets Code requirements for off-street parking. All Community Shopping Center building and parking setbacks are satisfied. The applicant is proposing a brick building with an attached trash/recycling enclosure. The site plan shows a pylon sign on the northeast corner of the site which is consistent with the Town Centre-Eagan Pylon Sign Agreement. All signage shall meet City Sign Code requirements and be subject to the one-time sign fee of$2.50/sq. ft. The applicant has submitted a landscape plan that provides a nice combination of overstory and understory trees, as well as plantings that will provide some year-round color. An underground irrigation system is also proposed. PARKS & RECREATION: This proposal is responsible for: 1) constructing a 6' wide concrete sidewalk along O'Leary Lane, 2) a cash parks dedication, and 3) a cash parks dedication to meet the .57 acre Lot 1, Block 1, water quality treatment requirement. GRADING/DRAINAGE/EROSION CONTROL: The existing terrain on this site is fairly flat with no trees. The grading required to prepare this site shall include providing 3 foot berms along Yankee Doodle Road and O'Leary Lane. With the proposed building's finished floor elevation at 891.0, the grading that will be required for this site will require cuts of approximately 4 feet over the entire site. The drainage from this site will be collected by an internal proposed storm sewer system that will drain the parking lot and building to the existing storm sewer on O'Leary Lane. The preliminary utility plan shows constructing catch basins and storm sewer that will connect to an existing 15" stub out of O'Leary Lane along the south property line. The existing storm sewer on O'Leary Lane drains to the north and into Pond DP-5 which is a pond on the City's Comprehensive Storm Water Management Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual standards. WATER QUALITY: This proposed development is located in Drainage Basin D. Runoff from the site will eventually reach LeMay Lake after traveling through three nutrient basins and one stormwater basin. LeMay Lake is designated as one of six Class I lakes in the City and is intended to have water quality sufficient to support direct contact recreation. A cash dedication in lieu of on-site ponding to satisfy water quality treatment requirements will be recommended for this development. The amount of the cash dedication is estimated at $4,500 and will cover only the 0.57 acre parcel designated as Lot 1, Block 1, Outlot A will be charged when it is replatted for future development at a later date. There are no wetland protection issues associated with this proposed development. UTILITIES: Sanitary sewer service of sufficient depth and capacity is readily available to serve this site from an existing 12" sanitary sewer line along the south side of Yankee Doodle Road. The preliminary utility plan shows connecting to the existing 12" line. The sanitary sewer service line should be designed to provide connection to the future development to the west. The sanitary sewer connection shall include a manhole at the property line to allow the City to maintain and inspect the sewer line. Water main of sufficient pressure and capacity is readily available to serve this site from an existing 18" water main on Yankee Doodle Road and from the existing 12" watermain on O'Leary Lane. The site does not have any water main stubs provided directly adjacent to it. The preliminary utility plan shows connecting to the 12" water main on O'Leary Lane and running the water service in the south access driveway to serve this development and the future development to the west. The water main connection on O'Leary Lane will require the removal and replacement of the existing street. A 6"water main stub has been provided off O'Leary Lane 90' south of the south property line of this site. The development will be required to utilize the existing 6" water main stub that was provided with the initial development of Town Centre 100 to avoid the removal and replacement of the existing street. • 3° STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from O'Leary Lane. No access will be provided from Yankee Doodle Road. The preliminary site plan shows constructing a private street along the south property line of this development that will serve this site and the future development to the west or south of this development. City staff recommends that the private street along the south property line shall be 30 feet wide with concrete curb and gutter. Also the driveway opening to the proposed development shall be a 30 foot wide opening. The development shall provide a concrete apron with a concrete valley gutter as shown on City of Eagan Detail Plate 440 at the private street connection to O'Leary Lane. RIGHT-OF-WAY/EASEMENTS/PERMITS: There currently is 80 feet of public right-of- way along O'Leary Lane and 120 feet of right-of-way along Yankee Doodle Road adjacent to this site. The final plat shall include drainage and utility easements dedicated for all sewer and water lines that will also provide service to other developments. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, MnDept. of Health, Dakota County, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - Town Centre 100 11th 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 C/I $2,470/acre $76 acre $1.423 Charge There is a payoff balance of$76,551 remaining on the assessments that have been charged to this parcel. This payoff balance will be allocated on an area basis to the parcels created by this subdivision. CONDITIONS OF PLAT APPROVAL FOR TOWN CENTRE 100 11TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, C3, C4, C5, El, Fl, G1, and H1 2. The proposed building shall have a brick exterior. 3. A trash/recycling enclosure shall be attached to the building and made of the same building materials. 4. No outside storage shall be allowed. 5. Rooftop mechanical equipment shall not be visible from street level. 6. An underground irrigation system will be required.for all landscaped and sodded areas. 7. All signage shall be subject to the one-time sign fee of$2.50/sq. ft. and City Sign Code requirements. 8. Berming shall be required along all public street areas. 9. Responsible for constructing a 6' wide concrete sidewalk along O'Leary Lane, a cash parks dedication, and a cash parks dedication to meet the .57 acre Lot 1, Block 1, water quality treatment requirement. 10. The development shall provide a concrete apron with a concrete valley gutter at the private street connection to O'Leary Lane. 11. The development is required to utilize the existing water, sanitary sewer, and storm sewer stubs provided to serve this area with the initial development of Town Centre 100. CONDITIONS OF CONDITIONAL USE PERMIT 1. This Conditional Use Permit shall be recorded with Dakota County along with the Final Plat and documentation provided to the City. CONDITIONS OF PLANNED DEVELOPMENT 1. A Planned Development Agreement shall be entered into and executed with the Final Plat approval. 3 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Oblications 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 Riahts-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 utilitie's 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. • 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 Tarovements 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 pondin requirements in accordance with the criteria identified in the City's Water -Quality Management Plan. N. Other • I . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 platap=v.coa LTS 41 2 r4.5 :) a k E g s ill 1 .1111 I : • al # i i:s iii § :j1A}..i.i! I I I ill' `i II-1 '1i= t if 1E ' ! !;ii 7 s. S i i : i s. i H .-it .1 r. •ii li 1 -.I"11 =. I i = 11 i 1 -ri 1 s -3= d: :1 :!_ /Et::3331 l:a = t1 s a _ -"_ F 1.•3.;i i'r z Ii S S iii I c i� : .e:ir :lilt :3° is _ - . 3 1 a e•s 1::z st x Vii; :_ - Si s3 a • "i :ip _ g•- Iii • :i i. 3 k LL :: a 1 ill i 1 131 8 i 3: i a a: o s 5 8 I ;tr. 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I I•. ,- i I, 1 ■ 1 ' j l l ' , ' • I'1111I \\ \ \� \ ' i-i 1 111 C ,.Ill ` \ • 1 I 1 '' ■ 1 .' ` • ' 2 %i 1lar ...,r.Y— J � -, 1 - i � O II ! I ins trig il _d _ � sit isag EEtr;t . s e - :i i II: tai. cl= Vii: ig n• E • ,i i= : ; pi'x :i Fir }- • 3 i i m Z_ i tic F _ :=t! 21 1 � . s -Ell 12 r- _1 =f F= c 1 •`p = it i F ! Iti- • tf=i 1st! r° F1i I 16 1 II if if 1 1 1' • i ii ;.I 1)141 li !!IL I 1 1 i ; i E z i Ii I : 1 _ ; = t , ii i' : f i \ L.4:-1— SET BY: 10-28-92 ;12:05FN ;SEVERSON WILCOX SHEL 612 681 4612;#12/18 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 TOWN C1i7(TR8 100 11TH ADDITION RAGAN HEIGHTS COMMERCIAL PARK chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of one approximately .6 acre lot and an Outlot and a Conditional Use Permit to allow an automobile service station in a CSC (Community Shopping Center) district located along the south side of Yankee Doodle Road west of O'Leary Lane in the NE 1/4 of Section 15. City Planner Sturm stated that at the September 22, 1992, Advisory Planning Commission meeting the Commission requested that a concept plan be drafted showing the overall use of the land west of this application. This request has been complied with. Mr. Sturm further stated that there has been a change regarding the access to the site and that the only access proposed will be from the south. All building and parking codes are met with this application. Martin Colon, a partner in Federal Land Company, stated that they did a study on traffic patterns and only one access will service both sites. He believed that this was a good proposal. Chairman Voracek requested that a condition be added which requires the driveway to the south of the Valvoline site to line up with the Valvoline entrance. Member Merkley requested that a condition be added which requires the developer to design the parking lot to drain to the concrete curb and gutter and then to the proposed storm sewer to avoid bituminous svalee in the parking lot. Merkley moved, Gorman seconded, the notion to approve a Preliminary Plat consisting of one approximately .6 acre lot and an Outlot located along the south side of Yankee Doodle Road west of O'Leary Lane in the NE 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, B2, 83, C1, C2, C3, C4, C5, E1, Fl, G1 and H1 • 2. The proposed building shall have a brick exterior. 3. A trash/recycling enclosure shall be attached to the building and made of the same building materials. l _28-92 12:01PM P012 #04 R-95% *612 432 3780 10-28-92 SENT BY: 10-28-92 ;12:0101 ;SEVERSON WILCOX SHEL-■ 612 681 4612;#13/18 • Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 4. No outside storage shall be allowed. . S. Rooftop mechanical equipment shall not be visible from street level. 6. An underground irrigation system will be required for all landscaped and sodded areas. 7. All signage shall be subject to the one-time sign fee of $2.50/sq. ft. and City Sign Code requirements. 8. aerming shall be required along all public street areas. 9. Responsible for constructing a 6' wide concrete sidewalk along O'Leary Lane, a cash parks dedication, and a cash parks dedication to meet the .57 acre Lot 1, Block 1, water quality treatment requirement. 10. The development shall provide a concrete apron with a concrete valley gutter at the private street connection to O'Leary Lane. 11. The development is required to utilize the existing water, sanitary sewer, and storm sewer stubs provided to serve this area with the initial development of Town Centre 100. 12. The entrance to the Valvoline site shall align with the entrance to the parking lot south of the Valvoline site. 13. The development shall design the parking lot to drain to the concrete curb and gutter and then to the proposed storm sewer to avoid bituminous swales in the parking lot. All present voted in favor. Merkley moved, Griggs seconded, the motion to approve a Conditional Use Permit to allow an automobile service station in a CSC (Community Shopping Center) district located along the south side of Yankee Doodle Road west of O'Leary Lane in the NE 1/4 of Section 15, subject to the following condition: 1. This Conditional Use Permit shall be recorded with Dakota County along with the Final Plat and documentation provided to the City. All present voted in favor. q(. 12-95% 612 32 3780 10-28-92 12:01PM P013 #04 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: OCTOBER 29, 1992 RE: **REVISION TO RECOMMENDATION REGARDING TOWN CTR 100 11TH ADD. - EAGAN HEIGHTS COMMERCIAL PARK The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their October 1, 1992 meeting and make the following recommendations to the City Council. 1. This proposal has met its parks dedication requirement. 2. That this proposal be responsible for a 6 foot wide concrete sidewalk along O'Leary Lane. 3. That this development meet its water quality treatment requirement by payment of a cash dedicaiton for the .57 acre parcel designated as Lot 1, Block 1 . OUtlot A will be charged when it is replatted for future development at a later date. KV:cm cc: Marilyn Wucherpfennig, Planning Aide Ed Kirscht, Engineering Technician c . � MINUTES OA SPECIAL MEE $S OF THE EAGAN CITY COUNCIL '> an, Minnesota::::::: A special meeting of the Eagan City Council was convened at 5:30 p.m. on Thursday, September 10, 1992 in the lunchroom of the Eagan Municipal Center Building for the purpose of considering the draft 1993 general fund budget and proposed 1993 levy certification. In attendance were Mayor Egan, City Councilmembers Awada, McCrea, Pawlenty: #:Wer,:::lklgq..in:attendance were Director of Community Development Runkle, Director of Public Wi t: be .. ' :C1i0Southorn, Police Chief Geagan, Director of Finance VanOverbeke,Director of Parks&Recreatk*i:Vraa,kiglitant to the City Administrator Hohenstein and City Administrator Hedges. 1993 GENERAL'FUND.BtbGET City Administrator Hedges reviewed changes that were suggested by the City Council at the last budget work session for the draft 1993 general fund budget. After a presentation by the City Administrator, both the narrative and various charts and tables that describe all budgetary adjustments and the property tax impact necessary to meet a constant level of service,the City Council discussed programs and service delivery. The City Administrator was commended for the comprehensive budget document presented to the City Council for review and consider if f. :.::.:... After numerous questions asked of Departrtit::Heads and the City Administrator by the City Council, City Councilmember McCrea introduced:s motion,seconded by Councilmember Wachter,that the proposed 1993 general fund budget be adopted as presented prpprtgikitii the understanding that additional review and consideration will be made before the final:do cument'is ratified in December for calendar 1993. PROPOSED LEVY CERTIFICATION Director of Finance VanOverbeke reviewed the proposed levy certification. A levy of$11,598,892, including $9,408,700 for the general fund, $499,245 for the major street fund, $76,947 for the equipment revolving fund and $1,614,000 for debt service,was presented. The estimated impact on various values of residential property was discussed as was;tl a mpact tfstate Sand the fiscal disparities program. It was explained that this was the proposed levywtiicti'woutd b :used fot truth in taxation notices and that it could be subsequently reduced, but not increased. In a motion by City Councilmember Wachtkiisecond40::by City Councilmember Awada, with all members voting in favor, the proposed levy certification for c 014.tible payable 1993 was approved. BLACKHAWK PARK Director of Parks&Recreation Vraa provided the Council with an update on the status of Blackhawk Park improvements that began earlier that week. City Councilrf Cher Wachter stated that he had received a call from Mr. Murphy concerning the road alignment. He,:i g with the City Administrator and other members of the staff, reviewed the Blackhawk.Perk,roac1 con t.ruction limits. Because the Blackhawk Park Road alignment would cause trees to:::be:::ti ;::iiial i::w s;a great concern to Mr. Murphy, he is recommending that a design change be given coilsid rafk n•by'the City Council. Several property owners appeared to express their concern about the improvement as:fit:was proposed. Mr. Leo Murphy and an adjacent neighbor spoke concerning the improvements. MurPN stated that he would donate property to the City of Eagan that would allow for a new alignment of Blackhawk Park Road. This would spare trees located on the north side of the road but would sacrifice trees on the south side of the road. Director of Page 2/EAGAN SPECIAL CITY COUNCICAilkfik44:':':'''.'• September 10, 1992 •.'.'" .:•:•:. Parks & Recreation Vraa and Parks Planniii:*Ilivan outlined the why the road alignment design is in its present location stating that this waiitii'koplipi:Oiiked from Mr. Murphy who wanted the road moved as far north as possible to save large iiiiilt* *Viii.south side. Director of Parks&Recreation Vraa then reviewed proposed new plans showing the impacts of a new road alignment; which would result in the loss of additional trees on the south side. He also reviewed the additional expense involved noting that this new road alignment would be outside the current property ownership of the City. He stated that ifiiti*.i0O•igNIVit:Vii0od to have this alignment, it would be necessary for Mr. Murphy to supply the Cftywfth a rnlnfrnum sitty additional feet of property to allow for the new road and for construction easements. Mr. Murphy made additional comments At this tfrijO:tbe City:icOncil agreed to change the alignment of the park road with the understanding that fikiMgr00iiiiii.i?.41.4****no cost to the City of Eagan,additional property which is adjacent to the Blackhaiile:PaiVrdadt000itY. Staff was authorized to proceed with the necessary changes to assure coordination of construction without additional costs being incurred because of construction delay. ADJOURNMENT There being no other business, tbeji*ting was adjourned. • • ••••:•:::?K:;::::.• TLH ••-' • Date City Clerk •.•. ::::::•• ...•.•.• :::::::: ..•.•.•. .:.:•:•: • •.:•:::::: MINUTES OF A REq..14kR.jaffiNG OF THE EAr4K:Orft: 010g.g.i: Eagai,Minnesota : October 2O, 1992 • A regular meeting of the Fagan CitY:040.:59.010iit:.iiiii Tuesday, October 20, 1992, at the Eagan Municipal Center. Present were Mayor Egan and unihnenabers Wachter,Awada,McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Mayor Egan welcomed a journalism class from St Thomas College to the City Council meeting. . •" NERW: City Administrator announced the following changes to the City Council agenda: Consent Agenda, CONTINUE DIDEFINITELYA*C Final Plat, Poppler Homestead No. 2. Consent Agenda,ADD Item P, Final Plat, Stryker Addition Old Business, CANCEL Item B, Contract 92-12, Receive Bids/Award Contract, Poppler Addition - Streets & Storm Sewer ...•.•.•.•...-.. ......•.•.•.•.•.••• Old Business,CANCEL Item C,Coiiiiiiii:912414:AppFove Change Order#1,Poppler Addition-Streets & Storm Sewer New Business, CONTINUE to Noveml*k5.,:.19.9:34:*ii:D, Variance, Dart Transit, of 50' to the Required 50' Setback, Located at 800 Lone.Oak Road McCrea moved,Awada seconded,ithotion to approve the agenda for the October 20,1992,regular City Council meeting as amended. Aye: 5 Nay: 0 . . Pawlenty moved,Awada seconded &i ecijoiji&eiutes of the October 8,1992,regular City Council meeting as presented. Aye: 5 Nay 0 The City Council acknowledged receipt of tht Thinutes of the October 8, 1992, meeting of the City of Eagan's Housing and Redevelopment Authority. Awada moved,McCrea seconded,a motion to approve the minutes of the September 28, 1992, special City Council meeting as presented. Aye: 5 Nay: 0 MARPIINTIMPAINI**1.4::: PARKS DEPARTMENT#S'IUOgliNVAY GRANT Mayor Egan introduced this item as consideration of akl...1:TEA grant application. City Administrator Hedges said the Intermodel Service Transportation Efficiency Act was passed in 1991 malting funds available for trailway and bikeway projects. He stated that City staff had reviewed potentially eligible projects and had identified four within the City which would provide critical trail links within the existing trailway system. If all four projects in the City's grant request are approved, only$98,140 of the $344,560 total would be paid by the City. Mr. Hedges said that John VonDeLinde, Parks Superintendent,was available to answer questions. Page 2/EAGAN CITY COUNCIL MINUTES. October 20, 1992 Councilmember McCrea proposed tlg't if federal funds are:siiailable and those funds result in a savings to the City, that the dollars saved be diverted to an active parks.:experience, such as, a swimming pool, an ice arena, or something similar. Councilmembor:: Kachter said 004 as the City needs to pay only 20% in matching funds,it would be to the taxpayers'aditq :tv:: •savings toward building trails. Mayor Egan asked that when recreational grants are available,vi#ketbrer: ffwould study the possibility of using any offsetting funds for non-conventional uses. Councilmember Wachter also suggested that money in the Capital Improvements Program be charged to a general Parks&Recreation fund rather than pinpointed for a specific project. After it was pointed out that some c :*t w ys m4tift i:jn the grant application are in addition to those in the City's comprehensive trailway plan; expressed serious reservations and said she was not willing to dedicate more dollars for trails beyiond those:: #ready approved. The Councilmember said she would rather see funding of an active park use :park Super�ntendent VonDeLinde then explained the program ranking criteria. He said with"providing acccss:'t tactivity raters"having the most ranking weight,staff had tried to include those trails which had the l esL:cban e:o€::riving funding. He noted that this grant is unique and an 80/20 split is almost unheard:of: Mr'.VonDitiiiire.stated that applications for grant money will be very competitive and the City may not receive funding for all four projects. He said this is only the application stage and assured the Council that they could always deny the grant later and the City was under no obligation to accept even if awarded. After brief additional discussion,Wachter moved,Pawlenty seconded,a motion to approve the ISTEA Trailway Grant application and identified all::foi,1''proposed trail projects to be included in the grant. Ayer 5 Nay: 0 • Harry Gallaher, representing West Publi4bing, askcd.tl*t:prior to moving ahead with any plans to construct trailways along T.H. 149 that it be discuMed. tacit:Ii d other affected property owners. Pawlenty moved,Awada seconded,*.iiiiiikin to add trail sections along State Highway 149 and Town Centre Drive to the City's existing Trail Systems Plan. Aye: 5 Nay: 0 ICCMPT49:AMIC: Director of Public Works Colbert.askd4.1bat;Item..I ,.Contract 92-13, Receive Bids/Award Contract (Aldrin Drive-Streets&Utilities),be pulled:for: rief d sibit::::He stated that Contract 92-13 included four miscellaneous projects and any or all could be awarded,,M .6•1bert reported staff's recommendation not to award Chatterton Pond, Project #92-RAS-4 or Ches:::Mar 1st Adition, Project #91-RAS-3. He said the Chatterton Pond bid was twice the engineer's estimate:ltizd staff wo'i ld prefer to pursue other alternatives at a later date. As to the Ches Mar project, staff's prefenWe is to teYise the drawings to minimize the project's impact on an adjacent property owner. Council agreed. A. Personnel Items There were no personnel items for consideration. B. plumbers Licenses It was recommended that the as presented in Exhibit A. C. Agreement.Joint Powers and Grant for Special As. race/Community Landfill Abatement It was recommended that the Dakota County community landfill abatement special assistance joint powers and grant agreement be approved as presented. Page 3/EAGAN CITY COUNCIL October 20, 1992 D. 1992 General Fund Budget Adjustments It was recommended that the adjustiii0*..to the 1992 General Fund Budget be approved as presented. E. Final Plat. Popp ler Homestead No. It was recommended that the final plat for Popp ler Homestead No. 2 be continued indefinitely. F. Contract #91-01.Authorize Final 3pAppt,(AFFeptttcp.(T.H. 149& Opperman Drive) It was recommended that the 6th and final payment rot Coiract 91-01(T.H.149 and Opperman Drive- Intersection Improvements) to Bituminous Roadwigii::be approd in the amount of $17, 137.22 and the improvements accepted for perpetual maintenance subject to appropriate warranty provisions. .""• G.Approve Agreement/Adopt Res000.00;juiiSriMPOT Tuition Reimbursement for Engineering Technician Certification It was recommended that a resolution authorizing the Mayor,City Engineer and City Clerk to execute Transportation Agreement #70089 for MnDOT Tuition Reimbursement for Technical Certification of Engineering Personnel be approved. K Contract 91-09.Approve ChatiO:biiilty.:#2 (Well #16) It was recommended that Change Order.f2.toti4iii?iiii:91-09(Well#16)be approved and the Mayor and City Clerk authorized to execute all related documents • L Contract 91-09.Authorize FinatiptAiktitiA&ePtance (Well #16' It was recommended that the 10th and final payment for Contract 91-09 (Well #16) to Keys Well Drilling Company be approved in the amount of$10,727.05 and the improvements accepted for perpetual City maintenance subject to appropriate warranty provisions. J. Vacate Drainage and Utility Easement,i2ROve.r*ioti/Schedule Public Hearing(0 tlots A.Town Centre 70 - 10th & 12th Additions It was recommended that the petition to vacate:*comn4:4ot line drainage and utility easement over Outlots A,Town Centre 70-10th and 12th Additions be. a public hearing scheduled to be held on November 17, 1992. K. Contract 92-13. Receive Bids/Award Contract (Aldrin Drive -Streets& Utilities) It was recommended that the bids for Contract 92-13 (Aldrin Drive-Streets& Utilities) be received and the contract awarded to the lowest responsible bidder for.* portions of the Contract dealing with 1) Aldrin Drive, Project 639; and 2) Carlson Lake Lane, Project.:j.0.91-RAS-4; and the Mayor and City Clerk authorized to execute all related documents. In addition,it was iiibmmended that the bids for Contract 92-13 (Aldrin Drive- Streets & Utilities)not be g.vtpit.4:fm*:pqtlioap of the contract dealing with 1) Chatterton Pond, Project #92-RAS-4; and 2) Cher #91-RAs-3- L. Project 634.Receive Fmal_Auessment Roll/Order tilillc Hearingleedar Grove 7th and Lakeside Estates Additions - Streetlights) It was recommended that the final assessment roll for Project 634 (Cedar Grove 7th and Lakeside Estates Additions- Streetlights) be received and a public hearing ordered to be held on November 17, 1992. Page 4/EAGAN CITY COUNCIL MINU7 S • October 20, 1992 M. Project 601R.Receive Feasibility:iteport/Order Pubik 1 earing(Lone Oak Road Reconstruction- I-35E to T.H. 55/149). It was recommended that the feasibility irtff r PFgjei :d01R(Lone Oak Road Reconstruction-I-35E to T.H.55/149) be received and a public on November 17, 1992. N. Project 600.Receive Final Assessment Roll/Order Public Hearing(T.H. 149&Opperman Drive- Intersection Improvements) It was recommended that the final a88 p enn; ioS::Ji r':;P.:roject 600 (T.H. 149 & Opperman Drive - Intersection Improvement) be received and a'pilliiie h ycing'S h d to be held on November 17, 1992. O. Vacate Drainage&Utility Easement.Rec y. yetition/,Schedule Public Hearing(Lots 9&10.Block L Chatterton Ponds Addition) It was recommended that the petitioiiii}Vacate dime and utility easements over Lots 9 and 10,Block 1,Chatterton Ponds Addition,be received and a public hearing scheduled to be held on November 17, 1992. P. Final Plat. Stryker Addition It was recommended that the final;Plat for the Stryker Addition be approved. Wachter moved, Pawlenty seconded,'a•ffii liip :*_approve the Consent Agenda as amended. Aye: 5 Nay 0 • FINAL ASSESSMENT idti+lRiiilG/ELRENE &TRAILS END ROAD Mayor Egan introduced this item as Project 589R, Final Assessment Hearing (Elrene & Trails End Road-Streets&Utilities). Director of Public Works Colbert explained the project and noted that the majority of the assessment rates were at or below the previous estimate. Harry Gallaher,representing West Publishing, was present. Richard Carson, 3765 Elrene Road, asked flow�iis a3Sessnients were calculated. Director of Public Works Colbert explained and Mr. Carson had no further questio : Noting the agreement with West Publishing and:sgbstantiatyjess assessments,Pawlenty moved,Wachter seconded, a motion to close the public hearing and approve the dig assessment roll for Project 589R (Elrene • &Trails End Road - Streets& Utilities) and authorized its certification to the County. Aye: 5 Nay. 0 FINANCIAL OBLIGATIONS/MEGII#A1S ADDITION Mayor Egan introduced this item atese si i ' ligation and park dedication requirements, Meghans Addition. City Administrator Hedges said Pulsar's objections to financial obligations associated with the Meghans Addition have centered around two issues: trunk stiff :sewer charges and the amount of parkland dedication. Mr.Hedges noted the detailed analyses the City andii, developer provided of their positions for City Council review. Mark Parranto stated that Pulsar's letters of July 3 and October 5,1992,spell out his company's position • and briefly summarized that arguments. Mayor Egan acknowledged disagreement as to the trunk storm sewer Page 5/EAGAN CITY COUNCIL MINUTES October 20, 1992 charges and water quality fees but noted thatb:had thought agreeit had been reached on the park dedication issue and that a compromise cash dedication.had been reached in the amount of $30,000. Mr. Parranto explained that their position remains that Cei1er.Pond Park satfs`teil the City's park dedication requirements. However,if that is not the case,the cash dedicaijip sluwjd,not:giceed the 10%of land value which Mr.Parranto said represents what the courts have ruled is accep,e as a:i i'cation rate for public purposes. That amount, according to Mr. Parranto, should be $21,500. Mr. Parranto then turned his attention to the trunk storm sewer assessment. He stated that on-site ponding will accommodate all run-off from the site, including, if need be, the runoff from a 100 year storm. While admitting that development of the prop M t: . crreac:. amount of runoff,Mr.Parranto pointed out that the rate the pond would drain into tke:mss:: ee:::ayst*:::would remain the same as it was before development. He said it was his understanding that rats s what ermines the piping to be used in the sewer system and no matter what type of storm,the cfs rate will not go over the rate that can be handled by the 5 year event pipes which they have already been assessed fob:::Director.o:Public Works Colbert said the storm sewer trunk obligation relates this development's use:of:the ex st storm sewer system to convey the increased volume of runoff from this development to the Minn i sots:River tliiQi :;lie City's trunk storm sewer system. He stated that the trunk storm sewer rate was calculated in accordance with City policy by taking into account the cost to construct the storm sewer system throughout the entire community with all properties participating equally based on similar zoning classifications. Mr. Colbert added that the policy does not address rate of runoff. Mayor Egan asked City Attorney Sheldon if the City could estimate enough benefit to this property to sustain the assessments. City Attorney Sheldon:advised that requirements under the platting statutes provide for a reasonable amount of land or cash 'or::bo*h,He..said the City Council has the ability to make a determination as to what it deems appropriate. Mr:PiniAi Olated that Pulsar is not challenging the City's ability to levy the fee. He added,however,that tliiey+reserve the right to argue the basis of the fees and said he was trying to establish the cross-purposes utilized:to obtain:the:teeEs It was pointed out that every ry p ro pe* s` tt eituired to pay the trunk storm sewer fee. Mr.Parranto said they had paid the trunk assessment through:t11e Cedar Grove utility charges. Director of Public Works Colbert reported that records indicate that when Cedar Grove was developed, the sewer and water system was sold to the City and financed through special assessments against Cedar Grove. The records do not indicate;however, whether streets and storm sewer were also included. Mr. Colbert went on to explain that even though runoff is detained on site by ponding,it eventually utilizes and goes through the trunk storm sewer system. In addition, the water quality system addresses an entu;:eiy:::tl ercrit;:area::and.:attempts to evaluate the impact of runoff downstream and treat runoff for pollutants;a6:;:iiitaiiiiiiiiiiiiiiiiikissible through various methods of retention and detention. Water quality needs are evaluated on:**:case by cge basis. After additional discussion,Councilmember McCrea noted at while Mr.Parranto's argument was well presented, it was difficult to make a recommendation without ae►:record of the history of the storm sewer installation. She indicated she was more inclined to be flexible in considering the park dedication fees but not the storm sewer charges. Mayor Egan suggested a figure of$21,500 for the parks dedication fees,which would represent 10% of the developer's stated value,in addition to the trunk storm sewer charges. Egan moved, Pawlenty seconded, a motion to adopt trp*:storm sewer charges of$34,836 and park dedication fees of$21,500 (10% of the developer's appraised value), as a resolution of those charges to the Meghans Addition. Aye: 5 Nay: 0 Mr.Parranto stated that they and thanked them for listening. He added that the issue is important and he would pursue policy dispi,sion by the Council of these points in the future. Page 6/EAGAN CITY COUNCIL MINUTES October 20, 1992 RECEIVE::$IDS/AWARD CQN1RACT > PLgER ADDITION • Mayor Egan introduced this item as Confracfi :44:Receive Bids/Award Contract(Poppler Addition- Streets & Utilities). McCrea moved, Wachter seconded, a motion to cancel bids for Contract 92-12 (Poppler Addition - Streets & Utilities). Aye: 5 Nay: 0 Councilmember McCrea then asked•t)to.liir' Piiiiiik'W ' s Colbert whether the Poppler's would be responsible for costs associated with the contract no i:tliat it h d en canceled. Director of Public Works • Colbert indicated that when the position was submitted,.tbe Poppler's had agreed to accept responsibility for the costs because of the City's concerns that the project*fight notAii forward. Mr. Colbert advised that the Poppler's would be billed for costs incurred.:::M#0. gan r avig the Council's disappointment that the final plat was again postponed leading to the can 1l tion of tfie amtiact. CHANGE ORDER#1 POPPLER ADDITION Mayor Egan introduced this item as.Contract 92-12, Change Order #1 (Poppler Addition-Streets& Utilities). • McCrea moved, Pawlenty seconded,a motion•fo' ili :Change Order#1 to Contract 92-12 (Poppler Addition - Streets & Utilities). Aye: 5 Nay 0 • ACCEPTANCE/AUTHORIZATION SCHWANZ LAKE CLEAN WATER PARTNERSHIP PROJECT Mayor Egan introduced this item ss•accept ce:.,of.Phase.I.Study for Schwanz Lake/Authorization to Proceed with Phase II Application. No one was::iii;th&4**e::tt address the item. After brief discussion,Wachter moved,Pawle ty'seconde4 a motion to accept Phase I of the study for Schwanz Lake and approve an authorization to proceed:with the Phase II application as presented. Aye: 5 Nay 0 CLEAN WATER PARTNERSHIP GRANT/FISH LAKE Mayor Egan introduced this item as authorization to submit a Phase I application for Fish Lake. McCrea moved, Wachter seconded, a motion to approve uthorization to submit the Phase I Clean Water Partnership Grant application for Fish Lake as presented.:::i ye: 5 Nay. 0 PRELiiiM RY:PaT'E ISION BLACKHAWK ACRES.3RD ADDITION • Mayor Egan introduced this item as an ex tension of thc:;preliminary plat for Blackhawk Acres 3rd Addition. Mayor Egan asked if the only change was the addition of water quality dedication fees and whether there were any objections. The applicant was present and indicated he had no objections. Councilmember Pawlenty asked whether there were any ordinance.changes that may affect this plat. Director of Community Development Runkle said there were no additional changes and the plat meets present criteria. Page 7/EAGAN CITY COUNCIL October 20, 1992 Awada moved, Wachter seconded;xik motion to approve an extension of the preliminary plat for Blackhawk Acres 3rd Addition as presenteoliAye: 5 Nay: 0 SEtikg:Y00..#0 Mayor Egan introduced this item as a variance for Dart Transit of 50' to the required 50' setback, located at 800 Lone Oak Road. Pawlenty moved,Wachter secondediie:****0**the November 5,1992,regular City Council meeting a variance of 50 feet to the 50 foot highway right of way for Dart Transit located at 800 Lone Oak Road. • In answer to a question,City Administrater.:I.i:Oges adii.i(iihat a continuance was being requested in order to discuss potential frontage road in0004.iiti.iiia:0*egi:. Also in answer to a question,Director of Community Development Runkle said the tOiiomes nortii:d•tiiii Transit would be removed with the upgrade of Lone Oak Road. Mr. Runkle said that a two week delay should not critically impact the project and Dart representatives have agreed. Aye: 5 Nay: 0 PRELIMINARY::ELAT/CONDMONAL USE PERMIT TOWN dEWRE.74)- 14TH ADDITION •• Mayor Egan introduced this item as a lat for'the Town Centre 70- 14th Addition/Eagan Tower Office Building Partnership, consisting of one lot..oly:::*roximately three previously-zoned CSC (Community Shopping Center) acres, conditional:****IOi'i'drive-thru facility, and a pylon sign located along the east side of Town Centre Drive in:theNWA/4:Of Section 15. City Administrator Hedges advised that the Advisory Planning Commission had C kfrréd this item at their September 22, 1992, meeting and had recommended approval. Director of Community Development Runkle described the application. Martin Colon, representing Federal Land, discussed their intent to replace the smaller retail shops in the existing Town Centre Mall with larger shops and move the small shops to the proposed center. •••••• Councilmember Wachter noted that the rear of the strip center faces Town Centre Drive and asked what precautions were being taken to make the center aestWically pl4ng. Mr. Colon informed the Council that Federal Land had taken considerable pains to make the lack of the building look like the front The building has the same facia all around the building it is all briek;:ihere aro:glass doors at the back,the trash receptacle is"angled" to cut down on its visibility, and extensive berming aniffiindscaping are planned. Mr. Colon said a landscaping plan has been developed for the entire 170 acres in the Town Centre area. Discussion then turned to the drive through and the traffic circulation. Concerns were expressed regarding congestion and the stacking which would block parkipg..*paces north of the building. Additional concerns were also expressed because a specific user has not be*Identified for the location. Mr. Colon said they were thinking of a Proex type of use, not a high density use;:iiiieh as a restaurant. With a lower intensive use,stacking should not be a problem. He*-4#400514e:tweiil:wr would also be of concern to Federal Land because they would not want to create probleili :,:::*:::040*4:ii.i0that if there was a change in the user from what he had represented, he would want City Council approval......::: • Wachter moved, Awada seconded, a motion to approve:1 preliminary plat consisting of one lot on approximately three previously-zoned CSC (Community Shopping Center) acres located along the east side of Town Centre Drive in the NW 1/4 of Section 15, subject to the following conditions: Page 8/EAGAN CITY COUNCIL MINUT October 20, 1992 1. These standard conditions of plak:Rproval as adopte4. Council action on July 10, 1990,shall be complied with: Al, Bi, Cl, C2, C4,El, Fl, Gl, and 2. The site shall be irrigated. 3. All rooftop mechanical equipment shall be screened from view at each property line. 4. A large enough space shall be made availabfe fcw all si and recycling containers 5. Continuous berming is required along Town centre Drive. 6. Additional overstory trees shall I:0 40.040i"iitiOg:* *.iiiuth and east property lines. 7. The brick building material shall be required on all four sides of the building. 8. A variance of nine parking stalls to the required 91 shall be approved. 9. If the existing 1-1/2"water servicg. hat has been provided to this lot is not utilized,then it shall be removed and the corporation stop turned off.:**:pristing 8"water main in Town Centre Drive. 10.All three of the proposed driveway op ..:*la minimum of 30 feet wide. 11. The centerline of the proposed drive.*#.4k:Toii*Oiiiie Drive shall match the centerline of the south driveway to the proposed Applebee's ReEtt4i#4*..iiii*Town Centre 70- 12th Addition. The centerline of the proposed driveway to the north of the di;416iiiiient shall match the centerline to Dougherty's Restaurant driveway. 12.The proposed driveway in Town Centre Drive shall be constructed with a concrete valley gutter and concrete apron. 13. Ingress and egress cross easenitnts ha11 be prcvu1e4 tø the City Attorney for review. Aye: 5 Nay 0 •••••••• • Wachter moved,Awada seconded,a motion tO:ii‘p... rove a conditional use permit for a drive-thru facility located along the east side of Town Centre Drive in the NW::i1:41 of Section 15, subject to the following • conditions: 1. This conditional use permit shall be recorded at Dakota County with the final plat with documentation to the City. Aye: 5 Nay: 0 CITY CODE 040;li* *t..CAIRIER PIGEONS Mayor Egan introduced this item as an amendment of old*ince,Chapter 10,Public Protection,Crimes and Offenses, Section 10.12, Keeping & Harboring Carrier PigeOns. City Administrator provided a brief background on the issue. No one was in the audience to discuss the amendment. Wachter moved,McCrea seconded, a motion to approve an ordinance amendment, Chapter 10 of the Eagan City Code regarding public protection,crimes and offenses,Section 10.12,Keeping and Harboring Carrier Pigeons. Aye: 5 Nay 0 • Page 9/EAGAN CITY COUNCIL October 20, 1992 • i S Bi"€ ',''S: € 859 .. AMM LEGISLAT .;QJLCy. 06RAM FOR 1993 Mayor Egan introduced this item as AMM legislative policy program,1993. City Administrator Hedges. presented the proposed AMM policy for the 1993 legislative session as recommended by the policy committees and Board of Directors. He suggested that if the City Council had questions or changes, that those issues be referred to the AMM. Councilmember Wachter raised 'o1 t s al sp r' es and the inequities it represents. The Councilmember said the City endures many things such as increasi4 ongestion,traffic,etc.,to contribute to the fiscal disparities fund. The Council agreed. In addition,,Councilmember Pawlenty suggested that the Council meet with the City's legislative delegation soon after..tl':November election and ask that future cuts in funding to the City focus on LGA rather than on Councilmember Awada proposed that the City form a coalition with other cities that are big losers as a result of fiscal disparities. While it was suggested that the MLC could serve that purpose, it was recognized that more in the MLC benefit from fiscal disparities than not. After further discussion, Wachter•...moved, Awada seconded, a motion to endorse the AMM's prioritization of legislative proposals as presetnte :.with the addition of appropriate language concerning fiscal disparities. Aye: 5 Nay 0 • • DAKOTA COUNTY LEGISLATIVE PROGRAM FOR 1993 • Mayor Egan introduced this item. as:;:tie:;l a[tofa County Legislative Program for 1993. City Administrator Hedges stated that a special committee of the Dakota County City Manager/Administrator group was formed to generate a revised format for'a Dakota County legislative program. The City Administrator said presently recommendations are made at the annual legislative breakfast,however,with no follow-up,results have been less than satisfactory. He stated that if two or three issues could be pinpointed for Dakota County, our legislators could become involved in an attempt to develop a legislative platform. The Council agreed with the direction being suggested by the Committee.................••. • ;. } ' 'Y! '; DELINQUENT ED NQYCES Mayor Egan introduced this item as the setting of a public ii ring for delinquent weed notices. Because • proper notice was not given previously, a new public hearing will have to be scheduled. McCrea moved,Pawlenty seconded,a motion to receive the assessment roll and ordered a public hearing for assessment of delinquent weed notices for November 5, 1992.. Aye: 5 Nay 0 PARK TUNNEL/DIFFLEY ROAD IMiROVEMENTS After introduction by Mayor Egan cii*i*M gj 1::::4 p a.explained that Anthony Caponi, developer of an art park in the City,is requesting that the proposed'tunnel connecting the southern portion of the Caponi property with the northern portion be expanded to a 16'X 10' ast, concrete tunnel. Designing the tunnel in this manner would allow a fence to be constructed down the Middle of the tunnel and separate Mr.Caponi's private land from the future public land containing the art park. Councilmember Awada stated that Mr.Caponi had expressed a willingness to split the cost of the expanded tunnel with the City and forego his previous intent to construct a retaining wall on the south side of Diffley Road. Page 10/EAGAN CITY COUNCIL October 20, 1992 ••••••• Director of Public Works Colbert stated that it may be possible to work out such an arrangement by agreement. There were concerns, however, ;bout dedicating;;b l 'of a public tunnel for private use He suggested that when the property becomes an park,.tbe;40.:0.:could be reviewed and a fence installed at a later date. Councilmember Pawlenty suggested tiiit:W a[p :control access to his property at one end of the tunnel or the other. He indicated he was not in favor.'of a tunnel with a fence and cited safety concerns. Councilmember McCrea recognized that Mr. Caponi has not put the art park into a non-profit corporation and questions were raised about the delay. It was noted, however,that the land has been rezoned to a Public Facilities designation. Councilmember Awada noted that the City. ld recelve+::partial funding for the tunnel; however, Councilmember Wachter suggested seeing the cost figures before further consideration of Mr.Caponi's request. Director of Public Works Colbert said that a chang .:twder to tbt: iffley Road construction project may be necessary to change the dimensions of the twwkliot it:wa uld.depend upon the timing of the road construction. There has been a delay in the construction due'[4; ::Iitge number of land acquisitions. After discussion,Mayor Egan indicated that Council would defer a final decision on Anthony Caponi's request until plans, specifications, and agreement for a larger tunnel are prepared and presented. PERSONNEL COMMITTEE RECOMMENDATION IH.INSURANCE • Mayor Egan introduced this item as the Personnel Committee's recommendation regarding health insurance. A special session of the Personnel Committee was..bel.at 5:30 p.m., October 20, to formulate a recommendation for consideration by the rest of the•.c444:regarding health insurance. The Committee requested a continuance to the November 5, 199 ;:r :meeting to allow further study. • VACATE PORTION OF PATRICK ROAD Wachter moved,Pawlenty seconded,a motion to receive the petition and order a public hearing to be held November 17, 1992, for the purposes Of.vacat ng:a:po ti n of Patrick Road public right-of-way. Aye: 5 Nay. 0 RECREATIONM.FACILitY Councilmember McCrea suggested allotting time on the:November 5, 1992, workshop agenda for the discussion of a work plan,time line and other financing options for a recreational facility in the City. SPECIAL CITY COUNCIL MEETINGS McCrea moved, Pawlenty seconded, a motion to approve: ecial City Council meetings for 5:00 p.m. on November 5; 4:00 p.m. on November 10;5:30 p.m. on Noveniict.24; and December 8 (if necessary). Aye: 5 Nay. 0 • Wachter moved, Egan seconded, a motion to approve:thie checklist dated October 20, 1992, in the amount of$690,229.04. Aye: 5 Nay: 0 Page 11/EAGAN CITY COUNCIL October 20, 1992 RECESS S$*ION The City Council recessed the regulat oeting to an executive session to consider privileged client/attorney information at 9:45 p.m. Those in attendance were Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Jim Sheldon. After a brief discussion of pending litigation, Mayor Egan, Councilmembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Jim Sheldon remained for additional discussion concerning issues executive session was adjourned at approximately 10:10 p.m. RECONVENE/OTHER BUSINESS Following the Executive Session, M4yor..-40.0.:4:4pan.v.401.the regular City Council meeting. Kevin Rupp,representing the City's employment ia'W.:fiiiii;:t•reii*ii:::*:Wirbal report regarding provisions in the City of Eagan's Personnel Policy in regard to discipline and their application and a verbal report regarding investigations for possible disciplinary actions. Awada moved, McCrea seconded, a motion to schedule a Personnel Committee meeting for October 27, 1992, at 3:00 p.m. to discuss insurance proposals. Aye: 5 Nay: 0 • The regular meeting of the Eagan City Council was adjourned at approximately 1035 p.m. • • E.J.VanOverbeke City Clerk • police department PATRICK J.GEAGAN Chief of Police KENNETH D.ASZMANN City of ecigan Operations Captain 3830 PILOT KNOB ROAD THOMAS MINNESOTA 55122-1897 PHONE: (612)681-4700 mayor yor r TDD: (612)454-8535 FAX: (612)681-4738 PATRICIA CCREA October 30, 1992 PAMELA LENTY r TIM PAWLENTY THEODORE WACHTER Council Members TO: TOM HEDGES, CITY ADMINISTRATOR THOMAS HEDGES City Admininstrator FROM: PAT GEAGAN, CHIEF OF POLICE EUGENE VAN OVERBEKE City Clerk SUBJECT: GANG GRAFFITI During the past six days the Eagan Police Department has had six reported cases of gang graffiti. This graffiti has been placed on a private home, mail boxes, a gas station, and hotel property. The occurrences have been all over the community. The graffiti is all related to the Vice Lord Gang that is currently very active in Minneapolis. At this point of our investigation we are unsure if this is actually gang related or someone trying to emulate gangs. These cases are actively being investigated by our police department. It was brought to my attention today by Tony Taschner of Eagan This Week who may be doing an article for this weeks paper on the above activity. I think it is important to note that this city probably has a few gang members, but our intelligence indicates the problem is very small. Most of the activity we would see are from kids who are "wanna be's" . Officer Matteson is actively pursuing these cases, in his role as School Resource Officer. Our department is developing Neighborhood Advisory Councils to work with Neighborhood Beat Officers in responding to these type issues and I am carrying on an active dialogue with the Dakota County Black Women's Group and the Lao Community Church. Patrick J. 'G$agan Chief of Polices I PJG: lb THE LONE OAK TREE . . . 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