Loading...
11/17/1992 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 17, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 014 N �t 1. Hunting License , B. PARKS & RECREATION DEPARTMENT 1. YMCA Cash Trailway Dedication rit-r, IV. 6:55 - CONSENT AGENDA (PINK) ..1 A. PERSONNEL ITEMS + 2J B. LICENSES, Service Station & Cigarette, Sinclair Station, 3946 Nicols Road � .C. LICENSES, Liquor Renewals 1993 �`f 1. On Sale/Off Sale Liquor 1 2. On Sale/Off Sale Beer 3. On Sale Club 4. On Sale Wine D. APPROVE Banking Services Proposal 6( E. FINAL PLAT, Whispering Woods Seventh Addition r , F PROJECT 641, Receive Petition/Authorize Feasibility Report, Plans & Specifications ,3 . (Wenzel Addition - Streets & Utilities) r V. 7:00 - PUBLIC HEARINGS (SALMON) 614.34A. FINAL Assessment Hearing, Delinquent Weed Notices , B. VACATE Drainage & Utility Easement, Lots 9 & 10, Block 1, Chatterton Ponds Addition 1 C. VACATE Drainage & Utility Easement, Outlots A, Town Centre 70 - 10th and 12th P' Additions OD. VACATE Road Right of Way, East 20' of Patrick Road (NW1/4, Sec 26) 1 2-FE. PROJECT 634, Cedar Grove 7th & Lakeside Estates Additions - Streetlights .4 4 F. PROJECT 600, T.H. 149 & Opperman Drive - Intersection Improvements `C /(pG. PROJECT 601R, Lone Oak Road Reconstruction - I-35E to T.H. 55/149 VI. OLD BUSINESS (ORCHID) 0,CkkA. PROJECT 622, Cedar Industrial Park - Structural Overlay Q <B. REZONING, West Publishing 6th Addition/West Publishing Company, of Approximately 2.2 ir. 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 VII. NEW fiUSINESS (TAN) 004125A. RECOMMENDATION, Airport Relations Committee, MAC Noise Budget . RESOLUTION, Concurrent Detachment & Annexation of Incorporated Land, Cities of Eagan P' and Inver Grove Heights (Area Located West of Highway 3) I (3,C. VARIANCE, Gene Studt, of 5' to the Required 5' Sideyard Pool Setback on Lot 10, Block {>' 1, Chatterton Ponds, Located in the SW 1/4 of Sec 22 1 !39 D. VARIANCE, Edina Realty, to Allow Building Signage on a Non-Street Side `9 ZE. VARIANCE, Everlasting Homes, of 10' to the Required 50' Setback on Johnny Cake Ridge 'I/ Road, located on Lot 17, Block 1, Mallard Park 2nd Addition e/ 4, F. SPECIAL USE PERMIT, Mary Anderson Homes, Inc. , Located at the North End of Meghan Lane in the NE 1/4 of Sec 30 67G. PRELIMINARY PLAT, Town Centre 70 - 13th Addition/McDonald's Corporation, Consisting pel of One Approximately .84 Acre Lot and an Outlot, and a CONDITIONAL USE PERMIT to Allow a Class II Restaurant in a Community Shopping Center District Located Along the West Side of Town Centre Drive in the NW 1/4 of Sec 15 / H. AMENDMENT of Ordinance, Chapter 11, Zoning, Sections 10.16, Shade Trees and 1 Landscaping; 10.17, Landscape Plan Required; 10.18, Irrigation System; 10.19, General Screening and Buffers; 10.20, Buffers; 10.21, Unlawful Cutting of Trees and Shrubs; 10.22 Protection of Large Trees; 10.23, Street Trees; 10.24, Prohibited Tree Species; 10.25, Prohibited Use of Trees; and Chapter 13, Subdivision Regulations (Platting) , Section 13.30, Data and Design Standards (Request to Continue) 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: NOVEMBER 12, 1992 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 17, 1992 CITY COUNCIL MEETING . "TAGENDA/APPROVE M l S After approval is given to the November 17, 1992 City Council agenda, and the regular meeting minutes for the November 5, 1992 City Council meeting, the following items are in order for consideration. DEPARTMENT>HEAD BUSINESS A. POLICE DEPARTMENT Item 1. Hunting License--An application has been received from C. Kevin Reeve to bow hunt deer on the property of Thorson-Cornwell Company which is 92 acres of land located at the intersection of 35E and Dey Road the Bieter farm). A copy of Mr. Reeve's application is enclosed on pages through for your review, including a copy of Mr. Cornwell's letter of permission in this regard. City code prohibits hunting within the City of Eagan except by special permit by the City Council. This application is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special hunting permit for C. Kevin Reeve for the bow hunting of deer on property located at 35E and Diffley Road. 1 s • • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: 2. Daytime Telephone Number. 7Z5 yL !'V 1 ei/mi RRe ie 3. Street Address: 4. City/State/zip Code: /2 NYEE6 .1w 4441641 , *Id 53-723-/70 • IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of five acres or moremly and zoned'agricultural.' Hunted wildlife shall be deer(bow)and geese only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its discretion,seduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any hunter listed in this application may bunt only when worn mimeo in'the aruiican4 A cpv o taikat..e....6j..: ....,�.- for verification by the Eagan Police Department. 1 5. Property Owner's Name (written permission from the property owner must accompany this permit application): R N Coot!tAde C i rik d-CoPAiweCt co. 6. Property Location Description: 9Z ACtES o(' LAND AT 35t/b,rc , iNownl AS Disrige FA1�ti{, UMW-\A.a_--___._L 1111 ._\ 1 7. Type of Game &Type of Weapon: 8. Specific Hunting Dates: Deee/ABc#ter(gel. ?izesswr- Dec 31s* I -.I 1 IOW 1-,". .I --.\----- IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY - wv VIl. / 1_ I AV/1A - ___ - 9. Name Beginning with the Applicant). • to. Aaar....ss. 11.Vale a License C. Kt WA/ Reeve 4157 Nr&Z tN, A� G iie Rix Nei N '13si ) N poVI A jzN,64 SAS - - 4 4 A IV 12. Police Approval/Permit No: 13. Approval Date: • 14. Expiration Date: Agenda Information Memo November 17, 1992 City Council Meeting B. PARKS & RECREATION DEPARTMENT Item 1. YMCA Cash Trailway Dedication--A request has been received from J. R. Shannon of the YMCA of Greater St. Paul that the City of Eagan make an exception to its current policy concerning the calculation of the cash trailway dedication fees and calculate the fees for the YMCA 1st Addition, Lot 1, Block 1, only on the 835 acres which are not e mbered by the ponding and conservation easements. Enclosed on pages through is a copy of a memo dated November 12, 1992 from Parks & Recreation raa regarding this item. Also enclosed on pages through a copy of a letter from Mr. Shannon making this request. Finally, pages enclosed on a throu P� gl 'are copies of City Council minutes and various memos regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request of the YMCA that the cash trailway dedication fees be calculated only on the 8.35 acres which are not encumbered by the ponding and conservation easements for the YMCA 1st Addition. • • Thorson-Cornwell Co. 5200 Willson Road • Suite 201 • Minneapolis,Minnesota 55424 • Telephone: (612)927-7796 October 28, 1992 Mr. Kevin Reeve 4251 Nyhro Lane Eagan, MN 55123-1740 Dear Mr. Reeve: You have my permission to hunt deer with a bow and arrow on the 92 acres of land at 35E/Diffley known as the Bieter farm. My permission would be contingent upon your securing all approvals needed from the City of Eagan. Also, you must notify Mr. or Mrs. Clarence Adelman, who farm the land, when you plan to do your hunting. They can be reached at 454-2964. This letter pertains only to the 1992 hunting season. Very truly yours, („AAA.z/- Ron Cornwell RC/ps cc: Mr. & Mrs. Clarence Adelman Life Director National Association of Homebuilders•Member-Minnesota Multi Housing Association-Licensed Real Estate Broker-Registered Professional Engineer MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 12, 1992 RE: REQUEST FOR TRAILS DEDICATION REDUCTION; Y.M.C.A. Issue The Y.M.C.A. has requested a reduction in the required cash trails dedication fee. Background With the platting of the Y.M.C.A. first addition, the Y.M.C.A. requested that it be exempt from providing a cash parks dedication. Further, in recognition of the donation of land by West Publishing for the new Y.M.C.A. building, that the outlots in the plat also be exempt from parks dedication. The Council agreed to delete the park dedication requirement from the Y.M.C.A. parcel; and, if the outlots remain and are developed by West Publishing, they too would be exempt from a parks dedication requirement. There was a presumption(by the city and the Y.M.C.A.)that trails dedication would be paid on the Y.M.C.A. parcel. (See attachment for additional background information.) The Y.M.C.A. has now requested a reduction in the trails dedication amount; requesting that credit for ponding easements provided to the city be considered. (See attached letter.) Nature of the Request/Trails Policy The current trails dedication fee for non-residential property is based on acreage and is equal to $854.00/acre. Based on the acreage for the Y.M.C.A. first addition, on which the proposed Y.M.C.A. building is to be built, the trails dedication fee is approximately $17,000.00. The Y.M.C.A. has requested that this amount be reduced based on the area which they have provided for ponding easements. If this were considered, it would reduce the cash trail dedication amount to $7,993.00. The existing trail dedication policy does not provide for ponding credits. Easements are provided to the city to meet storm water or water quality requirements. The rationale for this is that these easement areas are often used when determining allowable coverage for building size. Since a developer can use these areas for calculating building size, it was felt that trails dedication should be extracted from the entire size of the lot. The Y.M.C.A. has requested a variance from existing city policy to allow them to take credit for the ponding areas in an effort to reduce their trails dedication. In so doing, this would result in a dedication of $7,993.00, as was previously mentioned. In addition to the Y.M.C.A. request, staff has recently received a letter, dated October 30, 1992, from the architectural firm representing St. Thomas Beckett Church requesting a reduction in trail dedication fees; again based on easements provided to the city, that letter ° is attached for information purposes only. Staff is not requesting action pertaining to this particular issue at this time. Discussion The City Council should review the appropriateness of the request for reduction in trails dedication based on the Y.M.C.A.'s ponding easements. The Council directed a change in the trails dedication policy approximately two years ago. At that time, the city required developers to install trails with their development. Because it seemed unfair to require some developers to build trails while others were not, the Council adopted a policy which requires all developers to provide a cash dedication for trails. The amount of that dedication was calculated on the number of miles of remaining trails to be built within the city and the remaining amount of undeveloped property. Theoretically, the cost for those trails was then spread out evenly over the remaining undeveloped property; equalizing the cash payment against all parcels evenly. Reduction for ponding areas or other easements was not provided for in the policy. This is somewhat different than parks dedication where ponding credits might be given where land dedication is made. The Council may wish to grant a variance to the Y.M.C.A. for the reduction in the trails dedication to the amount shown, recognizing that a precedent may be established for others. If the Council believes that ponding easements or ponding areas provided for water quality should receive credit, a policy revision might be an alternative for all developments, regardless of their intent and use of the property. However, the Council will then need to consider an increase in rates to "make-up" for lost revenues. For Council Action To approve or deny the Y.M.C.A.'s request for reduction in trails dedication to $7,993.00 which reflects the amount of area in the Y.M.C.A. first addition, less ponding area. To provide additional direction to staff, if appropriate, regarding possible revisions in the trails dedication ordinance by providing credit for ponding easements. KV/dj DIYMCADED.MEM November 10, 1992 - ' Mr. Kenneth Vraa Director of Parks YMCA of Greater City of Eagan Saint Paul 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: YMCA Cash Trailway Dedication General Office • 194 6th St.East Dear Mr. Vraa: St Paul,MN 55101-1999 This letter follows up on our meeting of October 27, 1992. As you 612-2924100 recall, the purpose of the meeting was to discuss the calculation FAX 612-292-4148 of the cash trailway dedication fee for Lot 1, Block 1, YMCA 1st Gordon E Lindquist Addition. As stated at Our meeting, the YMCA was under the Gordon E.Lind impression that the trailway dedication fee would be calculated only on the acreage not subject to easements granted in favor of John L Traver the public. That is, the area which is encumbered with ponding President/CEO and conservation easements would not be included in the calculation. However, the fee stated in the development contract does not reflect this adjustment. T �! The basis for the YMCA's understanding is two-fold. First, at the BUILIAVG Advisory Parks Commission meeting on June 4, 1992, when asked what FUTURES the parks and trailway fees were, I responded that the staff FUTURES report identified them as approximately $48,000 and $17,500 respectively. However, it was also mentioned and, in our opinion acknowledged by City staff, that the above figures did not reflect a reduction for the 12.7 acre ponding and conservation easements. Second, it is our understanding that the area in question could have been permanently dedicated as open space and/or platted as an outlot, which would have effectively removed the area from the fee calculation. In addition, the YMCA would have still been able to utilize the ponding and conservation areas as open space to satisfy the plat density requirements of 35 percent. Finally, while the second option was not pursued, primarily because the YMCA was never informed of the necessity to do so and because the YMCA thought the trailway fees would be calculated only on the area exclusive of the ponding and conservation easements, I would like to point out that a building which is planned for the remaining 8.35 acres does not require the use of the easement areas to satisfy the plat density requirements. In fact, the 45,000 square foot building which is proposed for the 8.35 acre site will result in a plat density of only 12.4 percent - far below the 35 percent allowed. The YMCA is a Christian-values based organization that builds self- esteem,mutual respect and a stronger community for all through quality programs that enrich families,develop youth,enhance health,and promote intercultural and global understanding. Based on the foregoing, the YMCA requests that the City of Eagan make an exception to its current policy concerning the calculation of the cash trailway dedication fees and calculate the fees only on the 8.35 acres which are not encumbered by the ponding and conservation easements. This reduction will result in a savings of about $10,800 to the YMCA, and will benefit both the YMCA and the City by allowing us to use this money for construction of the new facility. If possible, we would like to bring this matter before the City Council on November 17, 1992. If you have any questions, please call. Si erely, g\ c "1l J R. Shannon Vice President/Facility Management JRS/sjj c: Thomas Hedges Harry E. Gallaher George Spevacek : x ,253 Page 12/EAGAN CITY COUNCIL MINUTES June 16, 1992 19. The developer(YMCA)shall petition the City for a study to determine if a lateral water main in Delaware Trail from Opperman Drive to the south 1,500 ft.as shown on the Eagan Water Distribution System Map is necessary. 20. The east access to the YMCA from Opperman Drive shall match the centerline of the existing driveway to the north that serves the UPS development. 21. This development shall dedicate all right-of-way and easements for the future upgrading of Delaware Trail. 22. The parks dedication fees are waived until/or if the parcel is used for any other purpose other than a YMCA. The parcel would then be reviewed for parks dedication fees depending upon its intended use. 23. A trails dedication fees will be assessed for the YMCA parcel. Trails dedication fees for the remaining outlots will be addressed at the time of platting. 24. The parks dedication fees for the outlots are waived as long as the property is owned by West Publishing Company and as long as they are developed as a part of the West campus. 25. The water quality requirements will be met by excavating a portion of the wetland to the north of the proposed development. The excavation should be done to minimize disturbance to riparian vegetation as much as possible and the pond should have a depth of 3'with a surface area of.37 acres and a volume of 1.1 acre feet, according to the City's water quality model. Aye: 5 Nay: 0 METROPOLITAN STREET FUNCTIONAL CLASSIFICATION Mayor Egan introduced this item as a review of the designation of Metropolitan Street Functional Classifications. After limited discussion,McCrea moved,Wachter seconded a motion to ratify the existing Metropolitan Street Functional Classification System for consideration by the Transportation Advisory Board.Aye: 5 Nay: 0 IADMINI$7.RATIVE.AGErDA? RESOLUTION/SETTLEMENT WITH ACC/MCCAW CELLULAR Pawlenty moved, Awada seconded, a motion to approve the resolution adopting the settlement agreement between ACC/McCaw Cellular of Minneapolis and the City of Eagan. Aye: 4 Nay. 0 Abstain: 1 (Wachter) R-92.57 EAGAN LIONS CLUB/FOURTH OF JULY CELEBRATION This item was handled with the Consent Agenda. RECOMMENDATION/DAKOTA ALLIANCE FOR PREVENTION City Administrator Hedges reported that all three persons nominated by the City for Eagan for representation on the Dakota Alliance for Prevention have turned the nomination down due to time constraints. w , =MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR h HONORABLE MAYOR AND CITY COUNCIL ` .p te FROM KEN VRAA, DIRECTOR OF PARKS & RECREATION 4/ DATE: , _ .- JUNE 11, 1992 RE: ADVISORY -PARKS, RECREATION -& -NATURAL `RESOURCE i. COMMISSION RECOMMENDATIONS:Y.M.C.A-1ST ADDITION-OPUS 1 CORPORATION c BACKGROUND The Advisory Parks, Recreation and Natural Resource Commission reviewed the proposed Y.M.C.A. Addition at its June 4, 1992, Commission meeting regarding the parks,trails and water quality requirements. The department staff had prepared a memorandum (See Attachments) in regards to the dedication requirements and issues which are outlined in the form of a request to have a reduction/elimination of park dedication fees on the entire plat. This plat consists of 40 acres, of which 20 acres is to be used to provide the community with i a recreational/leisure facility(Y.M.C.A.)intended to benefit area residents. The remaining 1 20 acres contains two (2) outlots to be platted at some time in the future. 1 ISSUES The issue before the Advisory Commission was the park, trail and - water quality requirements for this plat and the request for a reduction of fees. COMMISSION RECOMMENDATIONS/SUMMARY Attached are the minutes of the Commission meeting of June 4, 1992. In summary, the Commission recommended that water quality requirements be met with on-site ponding. This development meets this requirement for the 20 acre parcel, as well as the two outlots intended for future development. Normally, the outlots would have to meet the requirements only at the time of their platting, however, the Owner has chosen to do the entire 40 acre parcel at this time in a comprehensive approach to meeting the needs of the City. As it relates to trails dedication,the Commission determined that the plat should be subject to trails dedication requirements. To this date, there has been no exception to this rule, including School District #196 and church facilities. -..A recommendation requiring trails dedication was passed 6 - 0. - _ r:. DEDICATION • PARKS PAGE TWO JUNE 11, 1992 Pertaining to park dedication, The Commission recommended, on a 4 - 2 vote, that the parcel intended to be given to the Y.M.C.A. be waived of the requirement for cash dedication until/or if such time the parcel is used for any other purpose than a Y.M.C.A. facility. There is a similar policy/practice used for churches and schools. REMAINING OUTLOTS This plat has three outlots, one of which is to be dedicated for road right-of-way. The two remaining outlots are being held for potential future development, and as of yet, undetermined. The Commission reviewed a request that consideration be given to waive park fees on these two lots in recognition that the overall preliminary plat is intended to provide for recreational and leisure amenities through donation of the property to a Y.M.C.A. The Advisory Commission recommended that no determination be made until these two outlots are platted and the Owner/Use is fully understood and determined. As the Council is aware,parks dedication requirements for commercial/industrial property is determined at the time of platting, and not collected until a building permit is obtained. These Outlots would be platted in the future and therefore the Commission determined that it would hold any recommendations concerning the reduction of fees until the outlot use was resolved. - POLICY ALTERNATIVES Recently, at a meeting with City Administrator Hedges and representatives of West Publishing, a review of the City's park dedication policy and the Commission's actions were discussed. During this discussion, an alternative for the Council's policy review was proposed which would provide a reduction of park dedication on the two outlots to West Publishing. The alternative is that contained within the development agreement,an Exhibit be prepared which would rescind the cash park dedication requirements (not the trails or water quality requirements). On the two outlots, assuming that the property is developed by the current Owner, West Publishing, rather than sold to another developer. This also assumes that the current zoning of light industrial remains intact. The impact of this policy decision would be to provide a credit to West Publishing for having made a commitment to the community in donating 20 acres for a public facility from which the City would derive some recreational benefits. Since the basis of a park dedication fee is to require developers to help pay for the recreational needs and demands placed upon ! ` l 1 DEDICATION - PARKS PAGE THREE _ JUNE 11, 1992 the park system by the residential and corporate community, there are some reasons to ° extend a credit when a developer provides a facility to help meet recreational needs. For example: Park dedication credit of up to 25% has been extended to apartment complexes when they have provided recreational amenities, pools, tennis courts, etc. i, r FOR COUNCIL ACTION - The City Council should take action to: I. Accept/modify the parks and trails dedication requirements on the Y.M.C.A. - 1st . Addition. 2. Accept/modify the water quality requirements for the entire 40 acre parcel. 3. Accept/modify the Park& Recreation Commission's recommendations regarding the ' two outlots intended for future development Di direct staff to prepare as part of the development agreement an exhibit that rescinds park dedication on the two outlots r as long as they are developed by West Publishing and the property remains light industrial use - in recognition of the benefits provided to the community in having a Y.M.C.A. facility. 1 KV/bls t r f , _.r MEMORANDUM TO: ADVISORY PARKS, RECREATION & NATURAL RESOURCE COMMISSION FROM:di KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: JUNE 2, 1992 RE: Y.M.C.A. - 1ST ADDITION BACKGROUND An application has been submitted for the platting of one (1) lot and three (3) outlots on 41.6 acres. This property is currently owned by West Publishing Company, with the intent that one lot will be given to the Y.M.C.A. for a facility. The three remaining outlots will be owned by West Publishing Company. West Publishing made a commitment to the Y.M.C.A. to dedicate property on their corporate site for a building. However, due to complications when they originally acquired the property,this site was no longer feasible and a new site had to be found. West Publishing purchased this forty-one (41) acre parcel for the specific purpose of donating a portion of it to the Y.M.C.A.for construction of a facility. In preparing the plat application, West Publishing chose to plat the entire 41 acre parcel, providing all grading and meeting all water quality requirements for the entire site. JSSUE The issue before the Advisory Parks, Recreation, and Natural Resource Commission pertains to trails and parks dedication requirements for this plat application. REOUEST FOR SPECIAL CIRCUMSTANCES At the request of West Publishing Company, the Director of Parks & Recreation, met with representatives of West Publishing and the Y.M.C.A. of Greater St.Paul. Mr. Steve Bryant, representing West, requested that West Publishing be freed of any cash parks dedication or cash trails dedication on this 41.6 acre site - given the fact that West Publishing was donating property to the Y.M.C.A. for a facility that would meet many of the recreational and service needs of the community. Mr. J.R. Shannon of the Y.M.C.A., also indicated the value of the Y.M.C.A. to the community. He stated that the Y.M.C.A. provides financial assistance for Y.M.C.A. members and non-members, which is a service to any community that they are within. (See Attachment) \15 YMCA - 1ST ADDITION PAGE TWO As the Commission may know,the City has treated unusual properties,such as churches and schools, and recently the H.R.A. Senior Housing Program, somewhat differently for parks and trails dedication. The issue before the Advisory Commission is "Does the Y.M.C.A. fit a special classification for consideration of parks dedication, and should the request for abatement of parks dedication on the three outlots,retained by West Publishing,be reduced or eliminated as a result of their donating property to the Y.M.C.A." PAST PRACTICES While it is true that schools and churches have not typically paid parks dedication, neither. has escaped the responsibility of paying for trails dedication. Recent plats of Elementary School #17, and the Middle School on Deerwood, recently had been preliminarily platted, each with the responsibility of paying for trails dedication. The churches which have been preliminarily platted since the institution of the trails dedication, or under the previous ordinance, have been responsible for trails. Staff can find no exception to the trails responsibility. As to parks dedication, schools have not paid any, because it is reasoned, that they provide athletic fields for use by the community for after school hours. Schools are zoned public facilities. Cash parks dedication on commercial/industrial property, which this is zoned, is applied at the time of the preliminary plat approval, but is not collected until a building permit is pulled. In the case of churches and schools, the cash dedication requirement has either been waived entirely or has been made a condition of the plat, and held in abeyance until such time as the property should ever deviate from its intended use as a school or church. • In the case of the H.R.A., a cash dedication requirement for parks was calculated, but an agreement struck by which the general public would have access to the H.R.A. building for senior citizen activities. These activities would be coordinated by the Parks and Recreation Department and would provide program services for residents of the senior citizens high rise, as well as those residing elsewhere in the community. In essence, the parks dedication provides a direct credit from which services can be provided by the H.R.A. and the City without a rental fee, etc. You will also recall that in this situation the City also provided nearly $1 million dollars in housing funds to help complete this structure. DISCUSSION When the parks dedication ordinance was implemented, the intent was for it to apply to residential and commercial/industrial development and those who have an obvious and definitive impact on the park system, either as residents or as businesses whose employees make use of the park system and its various athletic and recreational programs. Consequently, those entities have been charged with the responsibility of helping to pay for the creation of that park system through parks dedication. Not every exception could be envisioned to this dedication requirement. Schools and churches have been, as a matter of practice and policy, viewed as a different category of usership. YMCA - 1ST ADDITION PAGE THREE Should the Y.M.C.A. be included in this category? Should a new category be determined? Schools have been exempt from parks cash dedication, because they provide facilities for the community usership, in fact, the City has developed Joint Powers Agreements for use of school fields by the community during the summer time. The Y.M.C.A. will be providing field space on which they will operate their own programs. Does the Commission view this field space and the programs offered as being a rationale for the dismissal/or reduction of a cash dedication? Is the Y.M.C.A. similar to the H.R.A., in which credit equivalent to the cash dedication is provided for community residents, or is the Y.M.C.A. no different than any commercial business that charges a membership fee, such as Northwest Racquet and Swim Club and the Eagandale Athletic Club. The Commission should also discuss the cash dedication requirements for the three outlots. West Publishing has provided the one lot for the Y.M.C.A.; at a significant cost to them for acquisition and site development. Should these three lots be included in the credit calculations for the Y.M.C.A. (if the Commission should choose this as a recommendation), or when these outlots are eventually sold and built upon - should they then be reviewed for a cash dedication based on their intended use? FOR COMMISSION ACTION The Advisory Commission should review all of the information and make a determination and recommendation to the City Council in regards to cash parks and cash trails dedication on the one (1) lot and potentially the three (3) outlots for this 41.6 acre preliminary plat application. KV/bls , S ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF JUNE 4, 1992 MEETING PAGE 3 Relative to the water quality issues, Deborah Johnson moved, Dan Mooradian seconded with all members voting in favor to make the following recommendations to the City Council regarding Hawthorne Woods North Addition. 1. The developer be allowed to use ponding on the Hawthorne Woods North site to meet water quality dedication requirements for both the Hawthorne Woods North and Hawthorne Woods developments to the extent possible. Any shortfall for either development would be met with a cash dedication. The pond design must be approved by City staff. RIVER BLUFF ADDiTION - HERITAGE DEVELOPMENT OF MN INC. Stephen Sullivan introduced this Item to the Commission noting that the application was for the platting of three lots for 36 units on 4.1 acres. This multiple development is within PSA #20, served by Blackhawk park and staff is recommending a cash parks and trails dedication. Rich Brasch reviewed the water quality issues for this development. He noted that the runoff from this site will first reach Pond AP-2, a designated storm water basing which then discharges to Pond AP-1 In Woodhaven Park which is designated as a Class 3-Scenic Recreational Water Body. Rich continued that because the existing storm water system receiving runoff from this development is of insufficient capacity, the Public Works Department will likely require the developer to provide ponding to substantially reduce the peak flood flow from the site after development. The developer would be responsible for purchasing a drainage easement for this wetland and for constructing an inlet and an outlet. After further discussion Dan Mooradian moved that the developer meet It's water quality treatment requirements by excavating a portion of the wetland to the north of the proposed development. The excavation should be done to minimize disturbance to riparian vegetation as much as possible and the pond should meet the minimum depth, volume and area requirements which would provide a pond with a depth of 3 feet with a surface area of .37 acres and a volume of 1.1 acre feet, according to the city water quality model. The excavation work would be subject to approval by city staff and any deficiency in wetpond treatment volume can be made up thorough a cash dedication. Kevin Knight amended the motion by expressing a preference for ponding with the balance to be cash but the flexibility of allowing for a cash dedication if ponding is not a viable option. Jonathan Widem seconded the amended motion and all members voted in favor. II YMCA 1ST ADDITION -OPUS CORPORATION Director Vraa introduced this item as an application for the platting of one (1) lot and three (3) outlots on 41.6 acres. The property is currently owned by West Publishing. West purchased this 41 acre parcel for the specific purpose of donating a portion of it to the Y.M.C.A. for the construction of a facility. At the time of plat application, West Publishing chose to plat the entire 41 acre parcel providing all grading and meeting all water quality requirements for the entire site. Mr. Vraa noted that West is requesting that the dedication fees for Outlots A and B be waived or recalculated in consideration for their land donation to the Y.M.C.A. (D • ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF JUNE 4, 1992 METING PAGE 4 Water Resources Coordinator Brasch reviewed the water quality issues for this parcel. He noted that the preliminary plat application is for one lot of approximately 20.2 acres for the YMCA facility along with three outlots totaling 21.4 acres for future industrial development. Rich continued that the runoff from this development would be located in drainage basin G about.8 miles south of Bur Oak Park and will eventually reach Bur Oak Pond, a 10 acre lake with a Class II indirect contact recreation classification. It was noted that without on-site ponding to treat runoff from the fully developed site, significant degradation of water quality in Bur Oak Pond would result. Rich's recommendation was that the minimum pond size for water quality treatment for the entire site is.192 acres in surface area,4.6 acre-feet in volume and 5 feet in mean depth at the normal water level. Steve Bryant of West Publishing addressed the Commission explaining that they had originally donated both land and cash to the YMCA for their facility but encountered some problems with that donation. West then purchased 40 acres nearby with the intention of donating a portion of that 40 acres to the YMCA and platting the two remaining outlots for future use. Mr. Bryant continued that since the land was being donated to the YMCA, the parks and trails dedication fees should be waived. Mr. Shannon, representing-the YMCA, addressed the Commission and expressed their pleasure in being able to bring their programming opportunities to Eagan. He continued that facilities and programs will be planned similar to those offered at existing YMCA facilities. The YMCA hopes to enhance recreation programming opportunities in the city and will continue their philosophy of providing services to everyone regardless of income. Jack Johnson asked what kinds of facilities will be provided. Mr. Shannon responded that the facilities will depend upon what funds can be solicited by Eagan residents. Some of the planned facilities Include pool, gymnasium, meeting rooms and day care to begin with. Mr.Johnson asked if these facilities would be open for the City's use if needed. Mr. Shannon responded that frequently the YMCA has had options available for this type of use and suggested that the meeting rooms could be one of those options. Kevin Knight asked what type of fee schedule the YMCA was anticipating for the use of their facilities. Mr. Shannon responded that the fees at this point are approximately$500 per year per family and they would offer financial assistance when appropriate. Ted Billy asked how the costs for financial assistance are offset. Mr. Shannon responded that funding comes from the United Way, the YMCA annual fund raiser and special fees. Kevin Knight asked if there were programs currently not offered through Parks and Recreation that the YMCA would facilitate. Superintendent of Recreation Peterson responded that day camp and the latch- key program are two existing YMCA programs that the City does not offer. Other than that, programming for youth are have been handled through Parks and Recreation along with the Eagan Athletic Association which offers athletic programs for the youth of Eagan so the need for athletic programs for youth at this time is not necessary. Jonathan Widem questioned whether any of the Y's facilities would be available to alleviate some of the stress to existing park facilities. Kevin Knight asked what the cash parks dedication would be on the land where the YMCA is scheduled to be built. Mr. Shannon responded that the parks dedication fee would be approximately $48,000 and the trails dedication fee would be approximately $17,500. Ken Vraa responded that the actual costs are calculated at the time of final plat. Ted Billy complimented West Publishing for their generous contribution of land to the YMCA and expressed his support for eliminating a cash parks dedication but consider a cash trails dedication. Mr. Billy continued that relative to the outlots that West Publishing shows on the preliminary plat,the cash dedication Issue should be considered at the time when these outlots are replatted and the fees would be based on the use at that time. a � _ 1 ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF JUNE 4, 1992 MEETING PAGE 5 Kevin Knight stated he concurred with the trails dedication fees but suggested that the city look at a compromise regarding the parks dedication fees. He continued that since the YMCA Is a public,fee-based operation the Commission should consider a partial parks dedication fee in combination with consideration of facilities use or some other combination that could benefit both the YMCA and the City of Eagan in ° lessening the stress of existing facilities. Jack Johnson added that he felt the YMCA would be a great addition to the City of Eagan and also wanted to comment West Publishing for their generous donation. He continued that the outlots are a separate issue and wished to see them addressed separately at time of final plat. He also stated that the trails dedication fee should be paid and shared some of the same ideas Kevin Knight expressed regarding the parks dedication fees. Jack explained that since the YMCA is a fee-based organization he didn't get a sense of complete access to its facilities by residents. He suggested that the Commission may want to look at some type of compromise to help meet the need for continued use of existing City facilities and how the YMCA facilities can be incorporated to offset that need. Mr. Shannon expressed his concern that there would be the perception that the YMCA would be - compared to an athletic club environment because a fee Is charged. He continued that the Y exists to enhance the community and help build a value system. He stated that schools tie in with the YMCA to help with special programming and to help develop leadership for youth.Although it is true that some people join the YMCA for it's athletic facilities, most people belong because of the philosophy of the organization and what it offers to families in a community. Ted Billy again expressed his support of the services provided by the YMCA and pointed out that according to the documentation provided in the packet it suggests that for each $3 spent by the organization,participants pay approximately$1. He continued that this organization has the ability to offset families financial needs far more than smaller organizations. Kevin Knight reiterated that he has no question that the YMCA is a charitable organization,however, he felt that because of the fees charged there may be a large group of people who may not meet the criteria to receive financial aid from the YMCA, but would find it unaffordable to participate as a family. Mr. Galleger addressed the Commission and, as a point of clarification, explained how the YMCA is similar In classification to a church and as such should have the same guidelines provided those organizations relative to parks and trails dedication fees. He continued that churches typically have the parks dedication fees waived but in the event the land use ever changes then parks dedication fees can be required based on the newly defined land use for that property. After further discussion,Ted Billy moved and Dan Mooradian seconded the motion to waive parks dedication fees until/or If such time the parcel is used for any other purpose other than a YMCA. The parcel would then be reviewed for parks dedication fees depending upon it's intended use. Those voting in favor of the motion included Jonathan Widem, Jack Johnson, Ted Billy and Dan Mooradian. Those against Included Deborah Johnson and Kevin Knight. The motion passed. Ted Billy moved,Jonathan Widem seconded the motion with all members voting in favor to assess a trails dedication fee for the YMCA parcel. Ted Billy moved, Deborah Johnson seconded the motion with all members voting in favor to review the dedication fees for the remaining outlots at the time the outlots are platted as lots. Deborah Johnson moved, Kevin Knight seconded the motion with all members voting in favor to recommend that the developer meet it's water quality treatment requirements by excavating a portion of the wetland to the north of the proposed development. The excavation should be done to minimize disturbance c 30 October 1992 Mr. Ken Vraa Director of Parks & Recreation • City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: St. Thomas Becket Trail Dedication Fees Dear Mr. Vraa: As you may know the Catholic Community of St. Thomas Becket is in the process of preparing documents for Final Plat approval . A part of that process involves establishing the required city fees to be paid by the owner. We have been informed that the Trail Dedication Fees will be at $854/acre or $28,276 based on 33. 11 acres of land. On October 13 we met with Tom Colbert to discuss the fees to be paid by The St. Thomas Becket Community. At that meeting it was decided that since there are no plans 'at present to develop the property east of T.H. No. 3 it would be called an outlot on the final plat. We also agreed to subtract out the area of our property to the west of T.H. No. 3 that is covered by water. This reduced the actual area to be used to assess fees to 16.98 acres. We feel that this is the acreage that should be used for determining the Trail Dedication Fees. We would like to note that one of the primary objectives for The Community of St. Thomas Becket is to become a vital part of the surrounding neighborhoods. With this in mind a site plan is being developed that respects the natural beauty of the site and will provide trails along Hay Lake that will connect to Atlantic Hills Drive, Tofte Lane, and the church. A picnic area near the southwest corner of the property at the lake, both the trail and the picnic area will be designed to respect the natural beauty of the site and provide access to anyone wishing to use it. We realize that the trail is not part of the city's comprehensive trail plan. It does however, provide an amenity to the city and could eventually connect to the city trail system. With this in mind we feel that the city could assist us in the construction of the trail , by allowing us to use the cost of the trail to offset an equal portion of the Trail Dedication Fees we could achieve our primary objectives. BECKCl\LT103092.TC RAFFERTY RAFFERTY TOLLEFSON ARCHITECTS 253 E 4TH STREET ST PAUL.MINNESOTA 55101 612 224 4831 ■ We'd like to thank you in advance for your prompt and serious consideration given to our proposal . We are sure you'll agree that The Catholic Community of St. Thomas Becket has made every effort to work with the neighbors and the city to create a project that will be an asset to the community. Sincerely, RAFFERTY RAFFERTY TOLLEFSON ARCHITECTS, INC. 124 Thomas R. Cassid TRC/sjk xc: Fr. Tom Kommers, David Loehr, Lee Markell , Craig Rafferty, Mike Ridley, Charlie Melcher, Barb Alampi , File. BECKET\LT103092.TC 2t • Agenda Information Memo November 17, 1992 City Council Meeting CONSENT AGENDA There are seven (7) 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. Acting Community Development Director--It is the recommendation of the City Administrator that Assistant to the City Administrator Hohenstein be temporarily appointed Acting Community Development Director. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the temporary appointment of Assistant to the City Administrator Hohenstein as Acting Community Development Director. SERVICE STATION/CIGARETTE LICENSES/SINCLAIR STATION B. Licenses, Service Station & Cigarette, Sinclair Station, 3946 Nicols Road--The City has received two applications from Sinclair Marketing Company,one for a service station permit and one for a cigarette license for over-the-counter sales, for the Sinclair Station located at 3946 Nicols Road in the City of Eagan. The licenses are in order for consideration by the Council at this time. Enclosed on pages, rough3 for the Council's information are copies of the two license applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the service station license and the cigarette license for over-the-counter sales for the Sinclair Station located at 3946 Nicols Road as presented. .2/ Lk lei-139d 11 1.. f KU I ,J i „1, i„L Luau . I • CITY OF EAGAN 3830 Piet Knob Road Moan the mod , MN 55122 012) 45481410 July, 1992 -jaw, 19 9 3 • SERVICE STATION PERMIT =AUER PERMIT .�...�., • _ hereby submits application fbr a • xx Service Station Permit ($100.00) Hailer emit ($50.00) Name o[Appllcant S i nc . ' 4 . • - ' , . on .. . Street Address P.O. Box 30825 / 550 E. South Temple .St. City,State,zip Salt Lake City, UT 84130-0825 Tekpbose Nvinber (801) 524-2786 Location of station or trailer If different from above address: Sinclair Retail #22028 3946 Nicols Road Eagan, MN 55112 MAKE CHECK OUT T4: (SIX OF FAG AN IN E AMOUNT OF$10 0 . 0 0 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. • PLEASE RETURN YELLOW COPY WITII PAYMENT. RETAIN TUE mint COPY MR YOUR FUSSI. noe Ma=vas Reodp1� Ammo Imolvall. I ■r a a.e�a Approval • %) Ul.1-Ub-177d 11.1-> riUl1 • 1U-Ub-R 11:14A1 MIN CM U1' MAN W 913b91bl9 mum • • . . 2830 PILOT RHOS ROAD CITY OF EAGAN 681-4600 EAGAN, MN 55322-1897 APPLICATION FOR LICENSE t*I; _ hereby make application for 1 Cig re a to Licaense for the year , 992 from the City of Eagan. r182: Sinclair Marketinq Company AMOREBB:, P.O. BQX 30825 cm: Salt Lake City AT1ATS: UT M: 84130-0825 nr►uas_Sinclair Retail #22028 ADDRSas: 3946 Nicols Road CITY: Eagan 22222: MN IZP: 55112 Marion moms (801) 524-2786 • • Municipalities presently licensed: , Municipalities which have denied licenses to applicants SCRSDQLB or rims AID 25QUIRraNNT8: • I. PLUMB] 'Nome brand!ax transmi�d memo iHM l et e.r... OUTsIr sobers Certificate 6• 0• 's :. of Health Bond & allararMiniTarrilinrallig Certificate 2. WATER ii Ats same as Plumbers 3. WELL SELLERS L! !NSE Div lzuctiz` Requirements same as Plumbers 4. CIGARETTE LICENSE $40.00 per vending machine or 3946 Nicols. R o a d over-the-counter Eagan, MN 55112 Check appropriate response: ' 1 o.aof*a Win sales es __&over-the-counter sa es .S$ Licenses are issued for a Calendar year period (Jaen.-Dec.) and there is NO PRORATED • FEN on any License. Licenses will be issued to individuals or firms efio are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: 12.91 TOTAL P.03 Agenda Information Memo November 17, 1992 City Council Meeting LIQUOR LICENSE RENEWALS/1993 C. Licenses, Liquor Renewals 1993--It is appropriate at this tine for the City Council to consider 1993 liquor license renewals. Enclosed on pages a.\ through are lists of proposed 1993 on-sale liquor license renewals, 1993 off-sale liquor license renewals, 1993 on-sale beer license renewals, 1993 off-sale beer license renewals and 1993 wine license renewals. All these licenses are in order for consideration for 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the applications for 1993 liquor license renewals as listed. • 1993 RENEWALS ON-SALE LIOUOR Al Baker Starks I, Inca 3434 Washington Dr. dba Starks Saloon Eagan, MN 55122 Gary Starks,Pres. 3125 Dodd Rd, 55121 Cedarvale Bowl, Inc. LaH, Inc. Cedarvale Lanes/Fitz's Bar & Grill dba Valley Lounge Michael Henke, Mgr. James Tousignant, Pres. 3883 Beau D'Rue Dr. 3385 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, MN 55122 Eagan Airport Hotel Associates CLUB ON-SALE dba Holiday Inn Deryk Funkhouser, Mgr. Spur, Inc. 2700 Pilot Knob Rd. dba Lost Spur Country Club Eagan, MN 55121 Harry Beyer, Mgr. Cliff Corporation Eaggan, MM 55121ria1 Hwy. dba J. Doolittles Lynn Reimer, owner 2140 Cliff Rd. Approved '92 - Open '93 Eagan, MN 55122 Dougherty's Midwest Restaurant Associates Robert Dougherty, owner dba Applebee's Neighborhood 1312 Town Center Dr. Bar & Grill Eagan, MN 55123 Lisa Herboldt, Manager 1335 Town Centre Drive Casper's Cherokee Sirloin Room, Eagan, Inc. Eagan, MN 55122 dba Casper's Cherokee Sirloin Room, Eagan Richard Casper, Treas. Chili's of Minnesota, Inc. 4625 Nicols Rd. dba Chili's Southwest Bar/ Grill Eagan, MN 55122 3625 Pilot Knob Road Eagan, MN 55122 Cuz, Inc. dba LaFonda de los lobos Otis Trujillo, Pres. 3665 Sibley Memorial Hwy. Eagan, MN 55122 Hussein Ansari Mediterranean Cruise 3945 Sibley Memorial Hwy. Eagan, MN 55122 West Jersey Associates, Inc. dba Richards Joyce Slattery, President 4185 So. Robert Tr. Eagan, MN 55123 ;L_ 1993 RENEWALS OFF-SALE LIOUOR Applebaum Companies, Inc. dba Big Top Wines & Spirits Mike Buckman, Mgr. 3900 Beau D'Rue Dr. Eagan, MN 55122 Scott Liquor Company dba Cheers Wine & Spirits Scott Kruger, Mgr. 1970 Rahn Cliff Court #300 Eagan, MN 55122 Perrier & Associates, Inc. dba Great Northern Spirits David Perrier, Owner 1960 Cliff Lake Rd. #101 Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kenny's Liquor John Mattson, Mgr. 1444 Yankee Doodle Rd. Eagan, MN 55122 Liquor Shoppe, Inc. of Eagan dba Liquor Shoppe of Eagan Greg Ward, Owner 4250 Lexington Ave. So. Eagan, MN 55122 Spirits of Eagan, Inc. dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Rd. Eagan, MN 55122 Sidco, Inc. dba Big Top Wines & Spirits Tim Martin, Mgr. 1282 Town Center Dr. Eagan, MN 55123 2(6 1993 RENEWALS Also has wine license ON-SALE BEER **Also has strong beer license Davanni's,Inc.** Pizza Hut of America, Inc. Pizza Hut of America,Inc. dba Davanni's Pizza/Hot Hoagies dba Pizza Hut#401023 dba Pizza Hut #401025 1980 Cliff Lake Road 1325 Town Centre Dr. 2130 Cliff Road Eagan,MN 55122 Eagan, Mn 55123 Eagan,MN 55122 688-6111 68&2665 452-8088 Chung's Inc.* Diamond T Ranch Inc.* dba Anna Chungs dba Diamond T Ranch 1960 Cliff Lake Rd. #116 4889 Pilot Knob Road Eagan, MN 55122 Eagan, MN 55122 454-1464 Apples Plus, Inc.** Dragon Palace Restaurant dba Apples Restaurant Lee Fo Len, Owner 1260 Town Centre Dr. 1466 Yankee Doodle Rd. Eagan, MN 55123 Eagan, MN 55122 683-9145 454-4493 John Odeen** Chung Wong, Inc.* dba Broadway Pizza dba Hong Wong Restaurant 3902 Beau D'Rue Dr. 2139 Cliff Road Eagan, MN 55122 Eagan, MN 55122 452-5044 452-0086 0 Burger FHF,Inc.* Nancy Rieser, owner dba Hunan Garden 1428 Yankee Doodle Rd 1304 Town Centre Dr. • Eagan,MN 55122 Eagan, MN 55123 452-1473 452-0905 James A. Basta** West End Hunting Club dba Italian Pie Shoppe/Wmery Mark Steinhoff 1438 Yankee Doodle Rd. 535 Gun Club Road Eagan, MN 55122 Rosemount,MN 55068 452-4525 423-2429 Fratelli Tre, Inc.** Parkview Golf Club dba Carbone's Pizzeria Don Larsen, Owner 1665 Yankee Doodle Rd. 1310 Cliff Road Eagan, MN 55122 Eagan, Mn 55123 452-6000 452-5098 Carriage Hills Country Club Piccolo's William Smith, Owner James Ezzell,Jr., Owner 3535 Wescott Hills Dr. 4162 Pilot Knob Rd. Eagan,MN 55123 Eagan, MN 55122 452-7211 454-1212 • C.)- 1993 RENEWALS OFF-SALE BEER Gateway Foods, Inc. Birch Bru, Inc. dba Brooks Superette #43 dba Superamerica #4049 3390 Coachman Rd. Diffley Rd. & Hwy. 13 Eagan, MN 55121 Eagan, MN 55122 688-2001 Superamerica #4182 Super Valu Stores, Inc. 1406 Yankee Doodle Rd. dba CUB Eagan, MN 55122 1940 Cliff Lake Rd. 452-9853 Eagan, MN 55122 454-4606 Superamerica #4335 1379 Town Centre Dr. Crown Coco, Inc. Eagan, MN 55123 dba Eagan E-Z Stop 688-2870 4195 Nicols Rd. Eagan, MN 55122 Tom Thumb Food Market 452-9309 dba Tom Thumb #259 2125 Cliff Rd. Holiday Stationstore, Inc. Eagan, MN 55122 dba Holiday Stationstore #232 454-4868 4595 Nicols Rd. Eagan, MN 55122 Tom Thumb #273 4130 Blackhawk Rd. Holiday Stationstore #247 Eagan, MN 55122 3615 Pilot Knob Rd. 688-8614 Eagan, MN 55122 683-9936 Tom Thumb #166 1446 Yankee Doodle Rd. PDQ Food Stores of MN, Inc. Eagan, MN 55122 dba PDQ #287 452-4874 1969 Silver Bell Rd. Eagan, MN 55122 PDQ #214 4198 Pilot Knob Rd. Eagan, MN 55122 452-5846 Gateway Foods, Inc. dba Rainbow Foods #15 1276 Town Centre Dr. Eagan, MN 55123 452-9506 OLC )) 1993 RENEWALS WINE LICENSES Chungs, Inc. Diamond T Ranch, Inc. dba Anna Chungs Restaurant dba Diamond T Ranch 1960 Cliff Lake Rd. Suite 116 4889 Pilot Knob Rd. Eagan, MN 55122 Eagan, MN 55122 454-8543 454-1464 Apples Plus, Inc. Chung Wong, Inc. dba Apples dba Hong Wong Restaurant Pat Boland, Mgr. 2139 Cliff Rd. 1260 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55123 452-0086 683-9195 FHF, Inc. John Odeen dba Hunan Garden dba Broadway Pizza 1304 Town Centre Dr. 3902 Beau D'Rue Dr. Eagan, MN 55123 Eagan, MN 55122 452-0905 452-5444 Fratelli Tre, Inc. dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452-6000 James A. Basta dba Italian Pie Shoppe & Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452-4525 Davanni's Inc. Davanni's Pizza & Hot Hoagies 1980 Cliff Lake Rd. Eagan, MN 55122 688-6111 Q Burger Nancy Rieser, Owner 1428 Yankee Doodle Rd. Eagan, MN 55122 452-1473 Agenda Information Memo November 17, 1992 City Council Meeting APPROVAL OF BANKING SERVICES PROPOSAL D. Approval of Banking Services Proposal--Banking services were mailed to the financial institutions in Eagan. The RFP's were mailed to Firstar Bank Eagan, First Bank Eagan, Norwest Eagan Office, Signal Hills, Dakota County State Bank, Twin City Federal and 1st American Bank Metro. The proposal is to provide basic banking services, including the payroll and general checking accounts for a three (3)year period beginning January 1, 1993. Proposals, which were due by October 30, were received from Firstar Bank Eagan, First Bank Eagan, Norwest Eagan Office and 1st American Bank. The proposals have been reviewed extensively by Director of Finance VanOverbeke and Assistant Director of Finance Pepper and a follow-up meeting was held with First Bank Eagan to clarify outstanding questions. Because the City has had difficulty in the past couple of years in maintaining adequate collateral levels on its bank deposits, this was a very key item in the RFP. You may recall the auditor's comments in recent management letters regarding the issue. While the City has desired a collateral level high enough to cover peak deposits, providing collateral has become an expensive proposition to the banks. Consequently, it has been difficult to reach a compromise that did not require a lot of resources in monitoring deposit levels. This problem, along with the City's request to use a sweep account to keep all cash invested at the highest possible rates, has been addressed in the First Bank Eagan proposal through an arrangement with the Minnesota Municipal Money Market (4M) Fund. Through utilization of the sweep account, all cash balances are invested in the 4M fund and collateralized, therefore only FDIC insurance is required at the bank level. Additionally, the 4M fund covers the cost of the standard bank checking account service charges which were previously paid by the City. This arrangement has the effect of eliminating the collateral problem, investing cash balances at higher rates and reducing City costs for bank services which is a very favorable position for the City. The arrangement also has the effect of making the First Bank proposal substantially less expensive than those of the other banks. Annual costs for banking services at the levels indicated in the RFP are as follows: 1. First Bank Eagan (utilizing 4M) $ 6,062.40 2. Norwest Bank, Eagan 10,396.80 3. Firstar Bank, Eagan 10,785.84 4. First American Bank Metro 12,316.80 The City and banks are fixing per transaction rates not total costs. As the activities of the City continue to grow, the transactions will increase and total costs will continue to increase. The City has utilized banking services at First Bank Eagan for nearly four (4) years and the service and relationship have been very good. It is,therefore,the staff recommendation that the banking services proposal with First Bank Eagan be approved as submitted. V Agenda Information Memo November 17, 1992 City Council Meeting A complete copy of the RFP,individual bank responses and supporting material is available if any member of the City Council would like to review the information in more detail. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the bank services proposal with First Bank Eagan. FINAL PLAT/WHISPERING WOODS SEVENTH ADDITION E. Final Plat,Whispering Woods Seventh Addition--The applicant and City staff are in the process of finalizing final plat documents relative to Whispering Woods Seventh Addition. If all items are completed and ready for execution by next Tuesday's meeting, the item will be in order for consideration. If not, a recommendation will be made to continue the item at the time of agenda adoption. A copy of the plat as it appears for filing at Dakota County is enclosed on page 5.1-for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Whispering Woods Seventh Addition. 3 ( I I ` 41. , r _ . I i .s. t �, r �; �ti...6.14.•....i'..,,7a•e t \ (, • �� ; •L •.v ' si • �� f. r ,_.�:6 7D'3- s' , i 11 ', vT,"•. r--AD�ii>iltir- i [1 L ti . � a r� . g � h T • . f' ~ 1 , N 1 '` ` t, i -U 1 V 0 7t m o pi v •tkisJs0-~� la • 1 r b. i �. r 1. 4� , S '-_ za.,sf) . -4 S. Z 0 in • -1 �• Z. x r. ' ' 1 c Ciall.t 1 - -7, ,s 0 z.,E {- c.f.r --zi.rec„,_... __....., ,.... •41 _!s•.,_ 7 I,. ,- ` �` v", — .c P U '0-13' i �� z ,...1 co • • ,,..,,4317.-. -1,,, ,,;;;--- i- —L ,- ,,0 0 --1 4. 1 1 V/ ie 1 • 310Pt: ` ill �, vF�FF [�,ii6t �_ �'_iib 1 {ilk I! I IC __ r IE tli t F W J m ■ yy I!!j " = l �� i i ;•!i tii t I w PI I I rte o- il 11 1: Vii! . ff Iif Ir;!! ! NI IT ;! ;I' E If rE ..1 EE \li E tr ill p (1E1 ! H� I �r l ���Sf� if; � � �l. , III I � p Rt tl IIf E IE 'I r I P 1 I"i i ill 1 I ! t c f r �� tt t + i + r! I:. . !. 1. 1i Il 1, 111111 if 19 ft f r ill at t`c Iji UJ,!l - it l/ ,i I I i'I!:t r; 9';!FFril EI� E ( I �� art • ' rr t II ( :i t l�r/i li 33-- _ Agenda Information Memo November 17, 1992, City Council Meeting RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT, PLANS & SPECS (WENZEL ADDN) F. Project 641, Receive Petition/Authorize Feasibility Report, Plans & Specs (Wenzel - Addition - Streets & Utilities)--The City staff has received a petition from both the developer and the owner of the proposed Wenzel Addition requesting the City to install the public improvements for this development. In addition to petitioning for the feasibility report,they have requested the simultaneous preparation of detailed plans and specifications to facilitate this process. All costs associated with the report and plan preparation have been guaranteed through the execution of this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of the feasibility report, plans and specs for Project 641, Wenzel Addition (Streets & Utilities). 3 - Agenda Information Memo November 17, 1992 City Council Meeting PUBUCHEARINGS FINAL ASSESSMENT HEARING/DELINQUENT WEED NOTICES A. Final Assessment Hearing,Delinquent Weed Notices--A public hearing has been properly noticed and scheduled for the November 17, 1992 Eagan City Council meeting to consider certification for special assessment of delinquent weed notices. The cost concerned involved properties which have violated the City's weed ordinance and have been notified and cited in that regard without compliance. Subsequent to that procedure,the City properly entered the property and mowed the weeds. The cost associated with that activity has been billed to the property owners and no payment has been received. As a consequel eethese items are in order for consideration for special assessment. Enclosed on page ? is a copy of that list of properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve or deny the final assessment roll for delinquent weed notices and authorize its certification to the County for collection. 3 PENDING PROPERTY ID S/A ASSESSED AMT SPECIAL ASSESSMENT NUMBER 10-16701-320-01 66.56 lOWEED 10-17402-110-02 85.20 lOWEED 10-32900-010-01 50.59 lOWEED 10-32900-030-01 50.59 lOWEED 10-32900-040-01 50.59 lOWEED 10-32900-050-01 50.59 lOWEED 10-44901-020-03 117. 15 lOWEED 10-56210-070-03 106.50 lOWEED 10-65903-021-03 53.91 lOWEED 10-65903-031-03 53.91 lOWEED 10-65903-041-03 53.91 lOWEED 10-65903-051-01 53.91 lOWEED 10-65903-051-03 53.91 lOWEED 10-65903-061-01 53.91 lOWEED 10-65903-061-03 53.91 lOWEED 10-65903-071-01 53.91 lOWEED 1, 009.05* ***** END OF REPORT ***** TYPE 'RETURN' KEY TO CONTINUE Agenda Information Memo November 17, 1992, City Council Meeting VACATION/LOTS 9 & 10, BLOCK 1. CHATTERTON PONDS ADDN B. Vacate Drainage & Utility Easements (Lots 9 & 10, Block 1, Chatterton Ponds Addition)--On October 20, the Council received a petition to consider vacating a common lot line drainage and utility easement as described and shown on page 51 and scheduled a public hearing for November 17 to formally discuss this request. All notices have been published in the legal newspaper and sent to all potentially affected utilities informing them of this request. As of this date, the staff has not received any objections to this proposed vacation. Due to the fact that all existing and anticipated future utilities have been provided for with this recently developed subdivision, no replacement easements are necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easement centered over Lots 9 & 10, Block 1, Chatterton Ponds Addition. 5� LEGAL DESCRIPTION FOR EASEMENT TO BL VACATED A strip abed being S feet to the tight sad S feet to the left of a tir lying within that pert of Lot 9 and Lot 10,Block I,C.marion bads,a000rdiag a the teoorded pit thereof,Dakota Cowley,Minnesota, de.Qibad as follows: laid line begins at a veld a the aaatwly line of Lot 9 diem 10 feet eorthwweroely of the aordhsaA saner of mid Lot 9;theme North 35 depaes 54 etiaraee 57 monde West a distance of 40 feet and aid line Gera tramatieg. The aide tins timid strip of Led shall be prolonged or isoreeaad to lrminate on the southerly tin of a De gc sad Utility Lmsmmt a down on aid recorded plat. ' . OD . . ■ t' 4itt. •• f 4 '6§. ,■\ eo gs mac• s F 4, lb 1 S CP 4..\ esb tf NC) • w / ti i J` Z •st:1:.■"1. \ 'iti ' `�::'I. • EASEMENT TO BE VACATED Id s `�'� {� `� . '\\ / LOT 9 •'4r <5-\`' \\ "If / / y►°c'° `\ \\ t!"4,..^: / 4 \ \ / EASEMENT TO BE ACQUIRED \ �cb\ /�/ \\ \\\ /�/ \ � \ `\�/ / \ j / QO / //i moo? . it,lif01 �i ` Q If o i i� �- • /. . /•V /./ . ....--. 51 ....„ Agenda Information Memo November 17, 1992, City Council Meeting VACATION/OUTLOTS A, TOWN CENTRE 70 - 10TH & 12 ADDNS C. Vacate Drainage & Utility Easement, Outlots A, Town Centre 70 - 10 & 12th Additions--On October 20,the staff received a petition requesting the vacation of a common lot line drainage and utility easement as described and shown on page . After publication in the legal-newspaper and notices being sent to all potentially affected agencies, the staff has not received any objections to this proposed vacation. Adequate replacement easements are being provided with the replat of these outlots to accommodate any existing or future needs. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the drainage and utility easements over Outlots A of Town Centre 70 - 10th & 12th Additions as described. 3 [ \ a SY "iO F =w ••a .8 G•6 .2 C�Sy l a 4t-: 'I— Y lOV r I. i iS la 1 ya II. 46 .43 LuZ 8 5 v H I;s: g a:�i S .� i O CD uj FF i =: Ali °a o p I. Yo/c / • Y: w = ° lt Y Y a VW C v U 1 i w4!. a .W m Z a C s a� = i i 1z r i~x r E 17 B^ B S xs ; . •I $ iio fir i 19!o. b . s f . 1 V: r=za ah hth z E = 2N E I sillil W O v 0 a) w L m W , E r 411 5Oca) r Y# .0 t%. m C ; _so;_ l#s I 03 $ s g:m t— a) 2 ::0 Z O s : 03 UJ = -Y c (; EP- 0 : :gV m WI 0 1. :Y:" ° TCOO � Q as is :o ifs \ i :s! W x i Z . \ ^4.0 °u s U i .. •,. rii .,..., ,, to c2 1 NIFF ill 9 .i .fir / 6 .. 1!tkJ�v M4j 3 i;: z G 1 ` s,,,:, h �; W LU ''4 \ i'' p t 41* '''''( ; 1 S E., \� . n€e.•.. •fi --t+- <'" I .tom =� 02 Av 7 :,!ik . , . , E-E r.- '916 S .`,,., ;aq.,,a.\\. ..,.... L"�+ +0 Agenda Information Memo November 17, 1992, City Council Meeting VACATION/E 20' OF PATRICK ROAD D. Vacate Public Road Right-of-Way, East 20'of Patrick Road (NW;, Section 26)--On October 20, the Council received a petition from the owner/developer of the Lexington Pointe 8th Additiotq� requesting the vacation of public road right-of-way as shown and ` described on page L ( . A public hearing has been scheduled for November 17 to formally discuss this request. After notice of the public hearing was published in the legal newspaper and sent to all potentially affected agencies, the staff has not received any objections to this proposed request. This vacation is necessary to accommodate the proposed development of the Lexington Pointe 8th Addition and does not affect the use of the remaining public right-of-way. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the east 20' of Patrick Road (NWT, Section 26). NN.0.111t..1 _ ' S tTE AID ` 'lfl HIGHWAY •.,. ,, ( DIFFLEY ROAD ) .ti. . \ 1 • ' N I. GZO N 1 .. 5 P SED '01%0 �, 040 � S th s c9 PORN 11 F `V 1 z . 1 GI • 20.00' TO BE VACATED Z 02 IC+0ROAD PAT CO 0�, • st, 1 1 •• et'TiOT • Q - VI O es ■O RIGHT OF WAY TO BE VACATED: 4,el The easterly 20.00 feet of the right-of-way deo 0 11.S0 ' of Patrick Road in Eagan, Minnesota. so 41 'fr. I , . R 6• , • ■ 0• III -111111P,,.- NS6.06'23"E f V Apo r. • . •}o.b �4.. �',�MO•s3.3 °w P eN ! �l LOT •1t0� '..% ,r a1R�fin-4i 11 . 1 l•40J3 40.00 V ---1111* _ 41- . •„4„gr, % . +00. w- ig )1 V ST 1 t Y,,,ii „. .. . i 1 Agenda Information Memo November 17, 1992, City Council Meeting FINAL ASSESSMENT HEARING (LAKESIDE ESTATES & CEDAR GROVE 7TH ADDN - STREETLIGHTS) E. Project 634, Final Assessment Hearing (Lakeside Estates & Cedar Grove 7th Addition - Streetlights)--On October 20, the City Council received the final assessment roll for the installation of streetlights within the above-referenced subdivisions and scheduled a public hearing to be held on November 17 to formally present the final costs associated with this improvement. Enclosed on page 4,3 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 July 21, 1992. All notices have been published in the legal newspaper and sent to all affected property owners informing them of their final assessment and the scheduled public hearing. As of the date of the packet preparation, staff has not received any objections to the proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 634 (Lakeside Estates & Cedar Grove 7th Addition - Streetlights) and authorize its certification to Dakota County. FINAL ASSESSMENT BEARING PROJECT NUMBER: 634 ASSESSMENT SEARING DATE: NOVEMBER 17, 1992 LAKESIDE ESTATES & SUBDIVISION/AREA: CEDAR GROVE #7 PUBLIC SEARING DATE: JULY 21, 1992 STREETLIGHTS IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. - Feasibility Report FINAL P.B. FINAL F.R. SANITARY SEVER RATES RATES STORM SEWER RATES RATES ❑Trunk ❑ Trunk ❑Laterals ❑ Laterals [' Service ❑ lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ['Laterals LI Surfacing ❑Service ❑ Res. Equiv. Diet. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ['VAC ❑ Trail SERVICES STREET LIGHTS [' Water & San. Sewer ® Installation $203.78/Lot $207/Lot [' Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED 'FINANCED Dakota $ 51,840.00 F.R. -0— Electric 250 5 Yrs. 6.5 % $ 50 ,741.22 203.78 COMMENTS: AMENDMENT #1 Agenda Information Memo November 17, 1992, City Council Meeting PROJ 600/FINAL ASSESSMENT HEARING (TH 149 & OPPERMAN DR) F. Project 600, Final Assessment Hearing (T.H. 149 & Opperman Drive)-Intersection Improvements--On October 20th,the Council received a final assessment roll for the above- referenced pr ject and scheduled a public hearing to be held on November 17th. Enclosed on page 1+3 is a summary tabulation of the final assessment rates as compared to those estimates contained in the feasibility report presented at the public hearing held on January 15, 1991. As can be seen, there was an increase in the final rates that is directly attributable to the scope of the project required by MnDOT subsequent to the public hearing and prior to the bid opening. The final costs are very comparable to the costs based on contract bid award. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the final assessment amount and public hearing date. In addition, staff had an opportunity to meet with all affected property owners to discuss the project and the final assessment amounts. Enclosed on page * are copies of written objections received to date. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 600 (T.H. 149 and Opperman Drive-Intersection Improvements) and authorize the certification to Dakota County. * None received to date. Lk FINAL ASSESSMENT HEARING PROJECT NUMBER: 600 ASSESSMENT REAPING DATE: NOVEMBER 17, 1992. TRUNK HIGHWAY 149 SUBDIVISION/AREA: AND OPPERMAN DRIVE PUBLIC HEARING DATE: JANUARY 15, 1991 IMPROVEMENTS INSTALLED AND/OR ASSESSED: Feasibility Report FINAL P.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SERER RATES RATES • ❑Trunk ❑ Trunk ❑Laterals ❑ Laterals ❑Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk HATER STREETS 2nd Northbound ❑Trunk 11 Lane $304.741.44/LS $153.800/LS Widen for Left 35,412.04/Unit 8,750/Unit ❑Laterals 5E1 Turn Lane $ 11.77/FF $ 2.91/FF West Publishing Q Service $ 6,193.95/LS Y0- © Entrance $ 81.954.80/LS $ 42.600/LS Opperman Dr. ❑Lat. Benefit/ © Realignment $ 63.57/FF $ 34.97/FF Trunk $ 32,880.15/Unit $ 40,375/Unit ©Traffic Signal $ 10.93/FF $ 13.42/FF ❑WAC ❑ Trail SERVICES STREETLIGHTS ❑Water & San. Sever ❑ Installation • ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY P0. PARCELS TERMS RATE ASSESSED FINANCED $1,048,469.39 (1) $ 67,828.82 91-01 8 ,_jq__Yrs• 6.5 % 563,125.00 (1) F.R. 40.375.00 F.R. COMMENTS: (1) Includes State participation. J Agenda Information Memo November 17, 1992 City Council Meeting PROJ 601R LONE OAK ROAD RECONSTRUCTION (35E TO TH 149/55) G. Project 6018, Lone Oak Road Reconstruction (35E to T.H. 149/55)—On October ' 20th, the feasibility report for the above-referenced project was presented to the City Council and a public hearing was scheduled for November 17th to formally present and discuss the proposed improvements associated with the reconstruction of Lone Oak Road i t( ounty Road 26 r I-35E through its intersection with T.H. 149/55. Enclosed on pages 7 through ' is a copy of that feasibility report for the Council's reference during the public hearing presentation by County and City staff. In preparation for this public hearing, an informational neighborhood meeting was held at 3:00 p.m., Tuesday, November 10th to review the extent of the project with the affected p o owners . ;address any questions or concerns they may have. Enclosed on pages through id is a summa the neighborhood meeting and the people in attendance. Also enclosed on page 1 is an objection received from one of the affected property owners. On July 2nd and again on July 16, 1991, a public hearing was held to discuss a portion of this project pertaining to the intersection of Lexington Avenue (County Road 43) and Lone Oak Road (County Road 26). Based on objections received at that hearing, the City requested the County to modify the plans to accommodate full access movements through median breaks to all properties affected by that project. In response, the County indicated they could not compromise their design standards. Subsequently, on August 6, 1991, the City Council would not approve the plans for construction and the project was canceled. However, it was with the understanding that it would be reconsidered at the time that the remainder of Lone Oak Road would be scheduled for reconstruction. With this improvement, the original design for the Lexington/Lone Oak intersection has not changed. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny Project 601R (Lone Oak Road Reconstruction - 35E to T.H. 149/55). t-kp 0MV. city of Cagan Report for LONE OAK ROAD (C. S. A. H. 26) Reconstruction Project No. 601R Eagan, Minnesota October 1992 Ale No. 49525 Bonestroo Rosene 11 Anderlik & Associates Engineers 6 Architects St Paul, Minnesota i �� Otto G.Bonestroo:P.E. Howard A Sanford,P.E. Michael P Rau,P.E. Mies B Jensen.PE. Bonestroo Ruben W.Rosene,PE' Keith A Gordon.P.E. Agnes M.Ring,A.IC.P. L.Phillip Gravel M.P.E. Joseph C.AndMik.P.E. Robert R.Pfeffer*.P.E. Thomas W.Peterson.P.E. Karen L Werner'.P.E. Marvin L.Sorvala.P.E. Richard W.Foster,P.E. Michael C.Lynch.PE. Gary D.KnstoRtz.P.E. Rosene Richard E.Turner.P.E. David O.Losloota.PE. James R.Malaria.P.E. F Todd Foster.P.E. Glenn R.Cook.P.E. Robert C.Russek.A.I.A. Jerry D.Pertzsch.P.E. Keith R.Yapp.P.E. T11 Anderlik & Thomas E.Noyes P.E. Jerry Bourdon.P.E. Kenneth P.Anderson,P.E. Shawn D.Gustafson.P.E. Robert G.Schunk hL P.E. Mark A.Hanson.P.E. Mark R.Rods.P.E. Cer Olio Okvler.P.E. Associates Susan M.EDMin.C.PJ\. Michael T.Rautmann.PE. Mark SeraPE. Charles A Erickson 'Senior Consultant 7!e K.Field.P.E. Gary W.Morien.P.E. Leo M.Pawelsky Engineers & Architects Thomas R.Anderson.AJ.A. Daniel J.Edgerton,PE. Harlan M.Olson g Donald C.Burgardt PE. Daryl K Kischenman,P.E. James F.Engelhardt Thomas E.Mgus,P.E. Philip 1 Caswell.P.E. Ismael Mannez PE. Mark D.Wallis.PE. October 2, 1992 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lone Oak Road (C.S.A.H. 26) Reconstruction Project No. 601R - Our File No. 49525 Dear Mayor and Council: Transmitted herewith is our report for Lone Oak Road (C.S.A.H. 26), between I-35E and T.H. 55. The proposed improvements, associated utility construction, and cost estimates are discussed and presented in this report. A preliminary assessment roll is also included. This amendment report revises the preliminary assessment roll as presented at the public hearings. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. • ' v(a." Thomas E. Angus TEA:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. • Reviewed by: A, �i( ��;�•' 1 'ofl-'/ 4 a/3-44.d sw,4,;/ ept. of Pub 'c` orks Thomas E. Angus Date: (D ZO Date: October 2, 1992 Reg. No. 12393 Reviewed by: Fin a Director Date: 1 Oq• 2Q11°414 2335 West Highway 36 • St. Paul,Minnesota 55113 • 612-6364600 LONE OAK ROAD (C.S.A.H. 26) RECONSTRUCTION EAGAN, MINNESOTA PROJECT NO. 601R TABLE OF CONTENTS - Page No. LETTER OF TRANSMITTAL 1. TABLE OF CONTENTS 2. SCOPE 3. FIGURE 1 - LOCATION PLAN 5. FEASIBILITY AND RECOMMENDATION 6. DISCUSSION 6. STREET 6. FIGURE 2 - INTERSECTION LAYOUT 8. TRAILS 9. STORM SEWER 9. SANITARY SEWER/WATER 11. COST ESTIMATE 13. RIGHT-OF-WAY/EASEMENT/PERMITS 14. AREA TO BE INCLUDED 15. ASSESSMENTS 17. REVENUE 20. PROJECT SCHEDULE 22. APPENDIX A - ASSESSMENT RATE CALCULATION APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURES 3-10 - UTILITY LAYOUT FIGURES 11-12 - STREET ASSESSMENT FIGURE 13 - WATER MAIN ASSESSMENTS Page 2. 49525.RPT ik,C\ SCOPE: This project provides for the reconstruction of Lone Oak Road (CSAH 26) from I-35E to approximately 600' east of TH 55 (Figure No. 1). The following items will be included in this project: a. Regrading, reconstruction and partial realignment of CSAH 26. b. Elimination of the existing railroad bridge east of Lunar Lane and installation of an at grade crossing. c. Realignment of Lone Oak Circle to create a common intersection with Neil Armstrong Boulevard. d. Resurfacing of Lone Oak Circle north of the realignment due to its existing condition and to comply with a 10 ton design capacity. e. Construction of bituminous trails and concrete walk along Lone Oak Road and Lexington Avenue. f. Installation of traffic signals at the Lexington Avenue intersection and upgrading of the signals at the TH 55 intersection. g. Construction of lateral and trunk storm sewers to handle storm water from the street. h. Construction of storm water Ponds EP-9 and EP-12 and associated outlets. i. Completion of the 16" trunk water main within the project limits. j. Reconstruction and adjustment of existing utilities. Page 3. 49525.Rpt 6-0 • The improvements are proposed at this time due to the existing traffic volumes and turning movements at the intersection with Lexington Avenue (CSAH 43). The existing traffic volumes meet warrants for a traffic signal. Listed below are the 1988 average daily traffic volumes (ADT) as determined by Dakota County and the projected traffic volumes for the year 2010. 1988 ADT 2010 ADT Lone Oak Road (CSAH 26) West of Lexington Avenue 12,700 27,100 East of Lexington Avenue 6,900 17,600 Lexington Avenue (CR 43) South of Lone Oak Road 7,500 21,600 North of Lone Oak Road 2,800 13,100 In addition to the improvements at this intersection, the upgrading will provide a safer intersection with TH 55, eliminate an extra intersection (Lone Oak Circle), eliminate a narrow railroad underpass, and provide an improved east/west arterial for the City between two major highways. Page 4. 49525.Rpt 1 , 1 L I •I I I I I m■i Silt L---------—-11- I • 1 ■ E\ I / ! Y i I ill■ 41111111 • / ��, 1 4% •t t ., _,7/ . ' I-Hl Ilii ► lillil { aP 1 ►--IlliMIIIIIi ,� �` kIIii11111111 S NN >G: , 1 ,�V suniiu11 \ c ,...... ..q.. ��� „.• ,•��►=i,, PROUECT z f 1 *4 aaa-ao LOCATION -� { 1 I oQ 060-03 Z otasa 11 ++ O oeo�r I i ,s+-66�a2�o n 1+i� Cn am-ss PP R ' 713;,..— ' O LONG AK RD NM ..111Mili _ i , .i,1 . isl 1 1 1 1 1 1 I -•,,� 6.331164. wa a `" 2 I 1 "'"` ';%.14.-' +:. i6 1t a 6 he+,1h2ps e�"�" L> moos nmi 101-02 a 2 o+o-2s I I ' J v' 16!-02 iff 0 ewer V* tt 1 ,` 0,0-26 I ,6 e1 1 APOLLO IO H�(s,� 21-13.1' I 2 3 101-@ 7 I lilt i MIMMEAMMEMI 2 1 I• a • s • eoilium :'I 4"*. sigh47 Q nn�e iii s a o� ill 0 Esn 1025�ri t { 1� I f .L f � Mil N �, 1 lIIIIIiIIIII1 1 In font 1C°3 LOCATION PLAN il, Bonestroo Rosene pi EAGAN, MINNESOTA FIGURE 1 Anderlik b Associates LONE OAK ROAD (C.S.A.H. 26) PROJECT NO. 601 R 49\49525\49525L0C OCTOBER 1992 COMM. 49525 S.D.. FEASIBILITY AND RECOMMENDATION ION The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plans for the City of Eagan and Dakota County. The project as outlined herein will be administered by Dakota County. The City of Eagan will be required to enter into a cost sharing agreement with Dakota County similar to past improvements. DISCUSSION Street: The primary street improvement will be the widening and reconstruction of Lone Oak Road within the project limits. Presently, the street east of the Lexington Avenue intersection is a two lane rural road. West of the intersection, it was upgraded to a 5 lane roadway with concrete curb and gutter as part of the construction of I-35E. The proposed improvements also include widening and reconstruction of Lexington Avenue approximately 700' in each direction from the intersection with Lone Oak Road, realignment of Lone Oak Circle to a common intersection with Neil Armstrong Boulevard, and a major grade change of Lunar Lane to match the proposed grades for Lone Oak Road. The specific improvements for Lexington Avenue and Lone Oak Road west of Lexington Avenue include removal of existing concrete and bituminous curbs and construction of new concrete curbs to the new street width. The existing street section will be maintained and the area between the new concrete curb and existing street section will be patched. Center medians will be constructed on the existing street surface. Once the new concrete curbs, center medians, and bituminous patching is complete, the entire street surface will be overlayed with a 1-1/2" bituminous overlay. An additional right turn will be provided on Lone Oak Road west of Page 6. 49525.Rpt Lexington Avenue and on Lexington Avenue south of Lone Oak Road. The design street widths at the Lone Oak Road/Lexington Avenue Intersection are shown on the Figure No. 2. The street improvements proposed for Lone Oak Road east of Lexington Avenue will involve complete reconstruction including grading and storm sewer. The design street width will vary from 74' to 86' which will provide for four driving lanes, left turn lanes, and a center median. In addition, existing horizontal curves will be lessened from west of Lunar Lane to the TH 55 intersection. As part of the reconstruction, traffic signals will be added at the intersection with Lexington Avenue. This will replace the existing 4 way stop signs. In addition, the realignment of the TH 55 intersection will require reconstruction of the existing traffic signals. With the widening of Lone Oak Road, the intersection with TH 55 will need to be realigned. In order to minimize land acquisition and associated relocation of existing homes, the realignment will shift the intersection to the south. This will result in the removal of two homesites. Service roads on both sides of Lone Oak Road west of the intersection will also be provided. The service roads will reduce the number of accesses forr the four homes on the north side and the remaining business on the south side in this area. The upgrading of Lone Oak Road will also involve a realignment of Lone Oak Circle. This street presently intersects Lone Oak Road approximately 300' east of Neil Armstrong Boulevard. Both of these streets serve industrial areas and it is desirable to provide a common intersection for turning movements into the areas. Since development along Neil Armstrong Boulevard at the intersection is complete and there is vacant land north of the intersection, a Page 7. 49525.Rpt r _ L i� r r J � � � P f ,� Q , --- r 1 U I ` U 14' 12114'1 14' 14 ! ii z ) 1 k ,, n . J C.S.A.H. 26 j 1_, ., ' F.,.: e%5..."; « 4y#y NY "f .f'. A :..e.. / '''. 171 FT7,1c54 xw 7 O wf.. .1... 14' 14' 14' 12' iii 14' 14' JI .. �' 12' ma.. 1ttamEN■' 14' 12' meummillts. Imem 14' 14' giN �. 1L b • trtf5d0WOVArallgtaIv , - - .. _ONE OAK ROA ‘ ' ! 1 l zo ' 14' 14' • 14' 121112' 14' e N 0 50 100 Scale in feet INTERSECTION LAYOUT n Bonestroo Rosene Anderlik b EAGAN, MINNESOTA FIGURE 2 111 Associates LONE OAK ROAD (C.S.A.H. 26) PROJECT NO. 601,- Saginaw. & Architects 2335 West Highway 36 49\49525\49525F01 OCTOBER 1992 COMM. 49525 J St Paul, Minnesota 55113 decision was made to realign Lone Oak Circle. The proposed realignment is indicated on the attached drawings. In addition to realignment of Lone Oak Circle, reconstruction of the bituminous surface north of the realignment is proposed. Lone Oak Circle was last seal coated in 1986 and presently is scheduled for resurfacing in 1994 under the City's 5 year Capital Improvement Program although its PCI rating in 1990 was 70. For these reasons, it is proposed to remove the existing 3"bituminous surface and 2" of gravel base and place 5" of new bituminous surface to comply with a 10 ton rating. In addition, existing concrete curb and gutter that has deteriorated will be replaced and new driveway aprons will also be reconstructed where required. It's also proposed to construct 6 new street lights along Lone Oak Circle. With the railroad bridge removal and construction of an at grade crossing, the grade of Lone Oak Road will be raised approximately 7' at the intersection with Lunar Lane. For this reason, Lunar Lane will need to be reconstructed for a distance of approximately 500' south of Lone Oak Road. Trans: Bituminous trails 8' wide are proposed to be constructed along each side of the street improvements except in two areas. No trail is proposed along the west side of Lexington avenue north of Lone Oak Road while a 6'wide concrete trail is proposed along the south side of Lone Oak Road west of Lexington Avenue. Storm Sewer. Storm sewer improvements will involve both the use of existing facilities and construction of new laterals and trunk systems. The proposed improvements are indicated on the attached drawings. Page 9. 49525.Rpt 5--"" At the Lexington Avenue intersection, existing storm sewer will be modified to match new street widths. From this intersection to the east, in general, new storm sewer will be required. The major improvements between Lexington Avenue and TH 55 will involve construction of lateral storm sewers to drain into ponds EP-9 and EP- 12. These ponds, along with associated outlets to existing trunk storm sewer systems within Lone Oak Road, are proposed to be constructed as art of this project. P P Pond EP-9 is proposed to be constructed in an area north of Lone Oak Road between the new and old Lone Oak Circle alignments. Its outlet will be southwest to the existing trunk storm sewer within Neil Armstrong Boulevard. Pond EP-12 is proposed to be constructed along the north side of Lone Oak Road immediately west of the railroad tracks. Its outlet will be southwest to an existing trunk storm sewer within Lunar Lane. Pond EP-12 will also be designed to accommodate storm water quality requirements for its drainage area on the north side of Lone Oak Road. Due to its location, size, and shape; Pond EP-9 will not be able to satisfy the water quality requirements for its drainage area of approximately 66 acres. This area is zoned industrial and will require a maximum of 12 acre-feet of wet storage volume. As indicated below, the wet storage volume for Pond EP-9 will be 1.5 acre-feet assuming it's excavated 4' below its normal water level. Both ponds will be designed in accordance with the City's Storm Water Management Plan. Their design parameters are proposed to be: Surface Wet Average Storage Area Volume Depth Surface Area Outflow Pond NWL (Acre) (Ac.Ft.) (Ft.) HWL (Ac.) (Ac.Ft.) (CFS) EP-9 845.5 0.53 1.6 4 855 1.36 9.0 14.0 EP-12 852.0 0.7 3.2 6 856 1.50 3.3 10.0 Page 10. 49525.Rpt { J al From the TH-55 intersection east, it is proposed to outlet the required storm sewer into Pond FP-7. Pond FP-7 is located approximately 700' north of Lone Oak Road and 800' east of T.H. 55. This is a change to the City's Storm Water Management Plan since the plan indicates storm water from this area will be directed into Pond GP-11. Pond GP-11 is proposed . to be located somewhere in the northeast corner of T.H. 55 and T.H. 149. This revision is proposed for the following reasons: a. Pond FP-7 has extra storage capacity that will allow it to accept the additional storm water from Lone Oak Road. b. Pond GP-11 has not been defined nor acquired and presently does not have an outlet. It is felt Pond GP-11 can most efficiently be constructed when the land adjacent to it is developed. c. Storm water from GP-11 will need to be pumped through three lift stations before entering FP-1. Storm water from FP-7 flows by gravity into FP-1. The ponding parameters for FP-7 will not change as a result of this revision. Sanitary Sewer and Water: Sanitary sewer of sufficient size and capacity exists within the project limits to serve the abutting areas. As a result, no improvements or upgrades are recommended to these systems. The sanitary sewer at Lunar Lane was reviewed to determine if the fill being placed over it would damage the sewer. Due to the consolidation of the existing material over the sewer, it's not felt the new fill will damage the sewer. However, it is suggested the sewer be televised to review its existing condition and determine if other repairs Page 11. 49525.Rpt 1 are required. It is proposed to extend sewer services to undeveloped parcels where desired to minimize future possible disturbance of newly constructed streets. There is an existing 16" trunk water main within portions of Lone Oak Road. Under the City's Water Supply and Distribution Plan this main is proposed to be a continuous trunk main between Pilot Knob Road and Lone Oak Drive. As a result, it is proposed to complete the construction of this main within the project limits. The existing 16" main will also be affected by the proposed Lone Oak Road grade changes. In general, where the depth to the main is less than 6', it will be insulated; where it is less than 5', it will be removed and reinstalled to a deeper depth; and where it is greater than 10', it will be either salvaged and reinstalled or abandoned and new pipe installed. In addition, an existing 16" main within Lunar Lane will need to be raised to meet the new grades and be less than 10' deep. Due to the realignment of Lone Oak Circle and construction of Pond EP-9, the existing 8" water main will need to be removed and a new main installed along the new alignment. Additional 8" services to undeveloped properties along the north side of Lone Oak Road are also proposed where deemed appropriate. In addition, 1" services are proposed for those parcels along the north side of Lone Oak, west of TH 55 that are not presently served by City water. Finally, fire hydrants are proposed to be installed along the north side of Lone Oak Road to provide some of the necessary fire protection for future development in this area. In addition to installation of new sewer and water mains, existing manhole structures and gate valves will be adjusted to meet new grades and existing hydrants will be relocated as required. Page 12. 49525.Rpt 56\ COST ESTIMATE The estimated cost for this project, which includes 10% for contingencies and 35% for overhead costs,is summarized below. Overhead costs include legal, engineering,administration, and construction interest. Easement acquisition costs that are being performed by the County are not included since they are unknown at this time. Lone Oak Road & Lexington Avenue $1,701,120 Lone Oak Circle Realignment 153,450 Lone Oak Circle Reconstruction 42,550 Lone Oak Circle Street Lights 18,000 Lone Oak Circle Driveway Reconstruct 14,880 Traffic Signals 326,700 Bituminous Trail/Concrete Walk Existing on Lone Oak & Lexington 23,300 Lone Oak, E. of Lexington, N. Side 42,400 Lone Oak, E. of Lexington, S. Side & Lexington 55,950 • Storm Sewer: Catch Basins & Leads - Lone Oak Road & Lexington Avenue 187,630 Ponds and Outlets 333,680 All other w/in Lone Oak Road 193,050 Trunk Water Main 169,250 Sanitary Sewer & Water Main Adjustments 53,600 Water Services 19.200 TOTAL $3,334,760 Page 13. 49525.Rpt L.J RIGHT-OF-WAY AND EASEMENT The project will require additional street right-of-way (ROW). In general, the existing ROW is 66'wide and the new ROW will be acquired to a maximum width of 150'. In addition, temporary construction easements, permanent drainage and utility easements, ponding easements, and City street ROW will be acquired for the various facets of the project. The easement acquisition/negotiation process will be administered by Dakota County. At the time of this report, all the specific easement requirements for each parcel have not been determined by Dakota County. • Page 14. 49525.Rpt AREA TO BE INCLUDED • Listed below are the parcels proposed to be assessed which also abut the project: Section 1 (SW 1/4) Parcel 030-55 Section 2 (SE 1/4) Parcel 010-78 Parcel 020-78 Parcel 030-78 Parcel 040-78 Parcel 050-78 Parcel 060-78 Eagandale Center Industrial Park No. 2 Lot 1, Block 1 Lot 2, Block 1 Section 2 (SW 1/4) Parcel 010-50 Bell Lexington Addition Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Eagandale Center Industrial Park No. 2 Parcel 021-00 Parcel 040-00 Parcel 050-00 Parcel 066-00 Parcel 080-00 Parcel 151-00 Parcel 152-00 Lot 2, Block 1 Lot 9, Block 1 Lot 10, Block 1 Lot 11, Block 1 Lot 12, Block 1 Lot 13, Block 1 Section 3 (SE 1/4) Parcel 010-77 Parcel 020-77 Parcel 030-77 Parcel 051-77 Page 15. 49525.Rpt Section 10 (NE 1/4) Eagandale Center Industrial Park No. 9 Lot 1, Block 2 Lot 2, Block 2 Section 11 (NW 1/4) Parcel 010-25 Parcel 010-26 Eagandale Center Industrial Park No. 3 Lot 1, Block 5 Lot 2, Block 5 Lot 3, Block 5 Lot 4, Block 5 Lot 5, Block 5 Lot 6, Block 5 Lot 7, Block 5 Lot 8, Block 5 Lot 9, Block 5 Lot 10, Block 5 Lot 11, Block 5 Lot 12, Block 5 Lot 13, Block 5 Lot 1, Block 3 Parcel 141-03 Section 11 1/4) Parcel 010-01 Parcel 012-04 Parcel 013-04 Parcel 014-04 Parcel 081-01 Parcel 101-02 Eagandale Center Industrial Park No. 2 Outlot B Eagandale Center Industrial Park No. 3 Lot 12, Block 2 Lot 1, Block 3 Section 12 (NW 1/4) Parcel 010-25 Page 16. 49525.Rpt C.P In addition, the following parcels abut the project but will not be assessed for any of the improvements. Section 1 (SW 1/4) Parcel 020-55 Parcel 040-55 Section 3 (SE 1/4) Eagandale Center Industrial Park No. 10 - Lot 2, Block 2 ASSESSMENTS Assessments are proposed to be levied against the benefited properties in accordance with assessment policies established in the City of Eagan. A preliminary assessment roll is included in Appendix A located at the back of this report. Assessments are separated into streets, water main, and sanitary sewer/water service. Street improvements are proposed to be assessed against benefitting properties. The assessment rates will vary depending upon the type of construction occurring for the benefitted properties. For this reason, the following six rates will apply to this project for the street construction. Lexington Avenue Overlay (52' wide) $14.85/F.F. Lexington Avenue Concrete Curb 10.56/F.F. Lone Oak Circle Reconstruct 34.48/F.F. Lone Oak Circle Street Lights 9.63/F.F. Lone Oak Circle Driveway Reconstruct 32.00/S.Y. Street Surfacing w/Grading & Storm Sewer: Commercial/Industrial Rate (52' wide) 107.10/F.F. Commercial/Industrial Rate (44' wide) 79.90/F.F. Residential Rate (32' wide) 45.80/F.F. Page 17. 49525.Rpt L94 The determination of the Lexington Avenue overlay and concrete curb rate is presented in Appendix A. Properties proposed to be assessed the concrete curb rate are located on Lexington Avenue north of Lone Oak Road. The Lone Oak Circle Reconstruct rate was deter- mined based on the total estimated project cost divided by the total front footage of benefitting properties. It is anticipated that these rates will be revised based on final bid unit prices. The Lone Oak Circle Street Light rate was determined based on the total estimated street light cost divided by the total assessable footage for Lone Oak Circle Reconstruct and Realignment. The driveway assessment is based on the cost to reconstruct each driveway serving each property. The street surfacing rate with grading and storm sewer is included in the 1992 Fee Schedule for Eagan. Properties on Lone Oak Road east of Lexington Avenue and the portion of Lone Oak Circle that will be reconstructed are proposed to be assessed the full rate for street surfacing with grading and storm sewer because total street reconstruction is proposed in these areas. All properties are proposed to be assessed at their highest and best use which is considered commercial/industrial. Therefore, all properties are proposed to be assessed as commercial/industrial property at the 52' wide equivalent street rate for Lone Oak Road and 44' wide for Lone Oak Circle. It is not proposed to assess bituminous overlay to those parcels abutting improvements less than 15 years old. Therefore, those parcels abutting Lone Oak Road west of Lexington Avenue are not proposed to be assessed the overlay rate. Page 18. 49525.Rpt • The lateral benefit from trunk water main is proposed to be assessed against benefitting properties. The following rates, as presented in the City's 1992 Fee Schedule, are proposed to be used: Commercial/Industrial Property $ 25.25/F.F. Residential Property $ 15.30/F.F. Sanitary sewer/water service is proposed to be assessed entirely to the benefited properties that will be served. All assessments for services will be based on final bid unit prices. Page 19. 49525.Rpt L& Le REVENUE SOURCES As previously indicated, the City of Eagan and Dakota County will enter into a cost sharing agreement for this project. A summary of City/County cost allocations is presented in the following tables: City of Eagan Dakota County Mn/DOT (Percentage) (Percentage) (Percentage) Lone Oak Road & Lexington Avenue 45 55 Lone Oak Circle Realignment 45 55 Lone Oak Circle Reconstruction 100 0 Lone Oak Circle Street Light 100 0 Lone Oak Circle Driveway 100 0 Traffic Signal - Lone Oak/Lexington 50 50 Traffic Signal - Lone Oak/T.H. 55 25 25 50 Bituminous Trail/Concrete Walk Existing on Lone Oak & Lexington 45 55 Lone Oak, E. of Lexington, N. Side 0 100 Lone Oak, E. of Lexington, S. Side & Lexington 100 0 Storm Sewer: Catch Basins & Leads - Lone Oak Road & Lexington Avenue 45 55 Ponds and Outlets 100 0 All other w/in Lone Oak Road 100 0 Trunk Water Main 100 0 '1 Sanitary Sewer & Water Main Adjustments 45 55 Water Services 100 0 Right-of-Way 45 55 Page 20. 49525.Rpt City of Eagan Dakota Co. Mn/DOT Total Lone Oak Road & Lexington Avenue $765,504 $935,616 $1,701,120 Lone Oak Circle Realignment 69,053 84,397 153,450 Lone Oak Circle Reconstruction 42,550 0 42,550 Lone Oak Circle Street Light 18,000 0 18,000 Lone Oak Circle Driveway 14,880 0 14,880 Traffic Signal Lone Oak/Lexington 81,675 81,675 163,350 Traffic Signal Lone OakfT.H. 55 40,837 40,838 $81,675 163,350 Bituminous Trail/Concrete Walk Existing on Lone Oak & Lexington 10,485 12,815 23,300 Lone Oak, E. of Lexington, N. Side 0 42,400 42,400 Lone Oak, E. of Lexington, S. Side & Lexington 55,950 0 55,950 Storm Sewer: Catch Basins & Leads - Lone Oak Road & Lexington Avenue 84,435 103,195 187,630 Ponds and Outlets 333,680 0 333,680 All other w/in Lone Oak Road 193,050 0 193,050 Trunk Water Main 169,250 0 169,250 Sanitary Sewer& Water Main Adjustments 24,120 29,480 53,600 Water Services 19,200 0 19,200 Right-of-Way 225.000 275.000 500.000 TOTALS $2,147,669 $1,605,416 $81,675 $3,834,760 Page 21. 49525.Rpt CO Revenues from the proposed street and utility service assessments are listed below: Lone Oak Road & Lexington Avenue $1,033,986 Lone Oak Circle Realignment 50,737 Lone Oak Circle Reconstruct 42,550 Lone Oak Circle Street Light 18,000 Lone Oak Circle Driveway 14,880 Water Main 85,637 Water Services 14.760 TOTAL $1,260,550 Based on these assessments, a total of$887,119 ($2,147,669 - 1,260,550) will be required from the major street, trail dedication, and trunk water main fund to cover the remaining City of Eagan share for this project. PROJECT SCHEDULE Present Feasibility Report October 20, 1992 Public Hearing November 17, 1992 Approve Plans and Specifications March 1993 Open Bids/Award Contract April 1993 Complete Construction Spring/Summer 1994 Assessment Hearing Fall 1994 First Payment Due with Real Estate Taxes May 1995 Page 22. 49525.Rpt (ICA APPENDIX A ASSESSMENT RATE CALCULATION BITUMINOUS OVERLAY RATE (52' Wide Street) RateIF.F. 0.20 Gal. Bituminous material for tack coat @ $1.50/gal. $ 0.31 0.30 Ton Bituminous wear course @ $14.00/ton 4.20 0.02 Ton Bituminous material for mixture @ $130.00/ton 2.60 • $ 7.11 10% Contingencies .71 $ 7.82 35% Legal, Engrng., Admin. & Bond Interest 2.74 TOTAL $10.56 CONCRETE CURB RATE Rate/F.F. 1 C.Y. Common excavation @ $2.00/C.Y. $ 2.00 1 L.F. Concrete curb & gutter @ $5.00/L.F. 5.00 2 S.Y. Sodding @ $1.50/S.Y. 3.00 $10.00 +10% Contingencies 1.00 $11.00 +35% Legal, Engr., Admin. & Bond Interest 3.85 TOTAL $14.85 A-1 49525.Rpt g 888888 R $ Q ti rt 3 $ � r4 ^ F48 , n8 9 I .°. $ .a t� § a Q n h $ E S' E l S 4 E A o R s 's gn. F '.'.. « 'J d .�4. d r ro a n e'3 :r n .� w� o a s a �d 8 8 8 8 8 I _ _ .c a $ 8 8 8 r: la 2 I h w. w Si N z t ^ H O 8 8 < .. z w , < s n Vr vr„e re 'r„i yn„� w •t M n N fV N N • F g u a a $ i zz 8 ; $ & t 3< � vs a 0 a a a ' �c .38 'a. "a. � e e a}N S.7 �y < . a z w �. $ ° a1 O y P O 7 a y 0 a = o w $ a N N 1 a • I.Z w ..,..•$ :pp Ft P ° i 3 3 o▪ a 8 U ^ O N vO .1 .1 P! a I-. 1a . la g 77iaa re- v3. rq5 1 � E a M {[�y, ° ° no ^O �9 n° ^ o° ° 2 ; ° n° ^° 8 R R R R v. ° R •.4 V. 8 ^o 0 j`- O E O O ° O O P.P. g N a O O a 17.1 7 7, n O O N fv E n H 8 8 O 8 r N .R n R E 8 R N , Q N N $ 8 w 8 8 O T $ 8 a P P a z $ g z S S z z s 4 I . •• N N !+ n�3. P�!. P pnn Ana{ N l y-g N ,78{� ,8T{j Mp ,Q$[ N a. O O O O Q O o o O ▪ w N O O ° `_ • M . ° O O O G O Ei ^ M a ii • y d H 4 e.. 4 a° s4. 4 w .+ a "--) k � - =a i 1 s r. M a $ 8�¢ �8¢ 8 8 $ $ $ $ $ $ $ 8 $ p M F I ^ N 43' 4 $ 8, 8 2 rI d d d d d d d d . d a F i 1 • ai F z w N 1 h w y z 1 a 1 w ( f; , 3 I R. g„ ! � M 3 $ 8 ,8 8 1 L4 $ S 8 r 3 8 g A Pi N b . Of N{” 4 I I 1 @ y 4 I i i N I N IF z . 2 8 r, 3 w N N E" w w x Il F N $ $ 0 0 0 0 0 0 0 0 .-0 o . o d d o 0 0 o 0 0 .� r n n i. n n n r S o. g - rag! d d d d d d d d fir, s a a e P H e.7' M P N 0,'.�. h fi- Ie} h o 0 0 0 0 0 0 0 0 0 0 0 0 w• 2 2 g S S S g S 2n S S S g S 1 a $ Xi tln s8 ; $ 88482888888888 .748 ag 8 N y� 1 O .�.. N .�1 N v N a 1 i C O ,x o F 2 o chi l l ^ n A u 14 1 1 1 1 $ A814111 .y '� °i x 0 oo 'oo o CxC i 7 II_ 'm g $$0 A i re m_ a3 Ed a f S M at 'm iTi ! m 2 et 133 312331333331 n _ 4 p e�4 Q 4 $ 4 r R g H o a• a I ^ ^ ? i Y; rf r d $ N 8 8 $ F g V! y p ��66 es w W q Yih 1 k s " -2 <Y 6 h Z /w 6 L•I• • „ fV N N N N — < °Z Z. m5 Z .8$ 4 S 1 « °10 1 y#0 .d ' N La t C • m z P H Y y 0c4 « u N 0 [•• • 8 V] C fi h '' '3' § 5 H i � v7 W $ 0t $ 6 ° 0n h h 0. y I 1 a « . II .e 0 • V0 0 0 0 0 0 e 5 _LL a 2t S S S S S s s S f 7 a • u . + + i 2a I1 s e Y I A r * R S = 3 �5 I . C' A .. Vp� H I.1 y � Y O Y 'O p " P O G °A SO; y 1 ; t .. 2a 2 - g-all a O •s = It ss._ ee b B u p Z _ o w :11 Z FY.. F1!(DII sCi.Or `i3 . _____•WA W. IMO MN a-•mow a11.Ulm..' �..w tr s *#.Pvr, • �° , o..e..s wn a wed via 9Z ''H.SY) MN )IVO 3N01 ~° . •` �= �'�^• °O�f1Oe YJ.OS3NNM 'NYJY3 ei il I . III = — CC %`1' ill .. e 1 6 t ii r 1 1 . . N 1 I c�,.°1• o• fi; a OO b 0 o I tii o �®o o I i1 0 0 1 Ol, � o o - II o c 11a 0 o 11 W V ,o — � a O �_ ___ QI 1'I _ Z vea *0 �+o\\ I II • v U\ t 6 , o I it I /11.1 1lJ . e •• i I Re / II 1 n ' 11 I v I I � • z a ma - -- 1 J0 -•—nto I t.r.scel 2---J—r-i-1 I I. a 3. aiLk . a •n./o..n NM. ssr�.��.n..vim'mom «....�..Y. ..�./�,..,, 00+94 es oo+19 vis , a ,« >rro9 OH 1D3I'OMd—SIJOI6MIIa9 mnun .., _ ,M ...w .o..n■r as o un sw w�tl (OZ HYS"O) OVOM IIVO 3N01 V �,• •��. In: ...�........ °e.+.w°e VIOS3NNIW 'NVOY3 'W CC O O O O 1 i 5. Q_ J . z J 00+ "Pin L oo I 3 •• — t t C , r _ gb: e I t t • ' sc 91 II 43 i , i : A aro9n WON VII 18 C ikit' rd ler N CO • 2 rfti._r i �._.l /; 1 • , ti • lic i • U / 11 e I ri. • ° Q I a ii a Q: I //,'"7 1 O. I I •I ]L 1 I Q r LP r II W , • Z 1 - I g ii d Q ' 1 i r.......8„....--r • ' 0 99 e 1 1 o IR , N+ 1 S H ii//� Jo • 1 • i II 1 e I e0 it i I! 'i l . 1 I I ! I ■ !I i $ Ili a .. z W ;I ■ c8o« h +�J i S 11 r e , i, , , (-7.1 --) / III 1 Ilii� 1 :i ..1 i II1i� § 8 S IC , , a•rrr.• UM ¢"ra1,v•��s.•o�• a��,•wrti OO+dll N 00+90 XS • " °�" .. !7M�P�Y 1I09'ON L77OYd-9W31C1Otld111.WILn 'ft IMMO., re eS a "°°°`'1'°�" e/! (9Z LO Irmo) e v CVO 31101 - •• —� - =gm_.,.. .r.o,L WIPP.* ••••• r10S3NNiw 'NVJ1f3 —........—z—■...... li OO+LI I Ion maw • 0 Oa two` .. ��``1i ,, ; II' I ! - I� s , t_—�ii[��- r •a WO"101 0 �■ ---v. • w, if II , • i :iii -' - -p I. ao 111 o i , i r ,' I o, I. • . Id i i ®i i I i N N I O j i ` ,i `I I i ` ^ scy+ l i i $ IC F..; i t! ° I i�— f A C Si oL ,< o�►, , 8 ('doid) aim 'Po !!o- i , v.- I t•z' ire a. —.,,.��=- OS •a••••• MI s.. -WI sue- «w••w•tiw N1N"pr OO+9L1 a000.Ztt YJS YWOY'ON lOOPOYd-SYOlObtldNl A rI1n • SIB I° .e....r �,a.w Y"WPM (a iws o) ma x 31401 .. �. _s- !WNW...... °°'+""°e Q Q V10S3NNNIW Q'NVOV3 • Zt /��_ I Q au al i N it 0 O n ::; o Q. . °O 3 ! , ed. .. 1 °o 00 i _ 1 r H O r) 1 n I V '- I Y 0 All I 1 i e Q ����� r\$S T� i !f I �� ` N 'Ye�iriu. :4: ° ._ - €5 i I 0 ,:o X °° Li ° l a o :41.:\......, v r.° , o 00 '0 0 w..•nom_ O i O r ct,o $ ° ro, - / W 1 : a ....gar. -s wo MN s •i•...r s•.v ... ..✓' ... -— —. — ..w.-•iris .ry•po••v 00+0►1 Si 00+9Z1 VS 1..• a .w S PW x100'ON L7i'OYd-:ifLi614 9.WI(1 ' Wald. a OMAN «».ou (aZ i+rs�) avow xn0 m — :o a �° an alma • alga s: � „ W .”9...... OO11MMioB V10S3NNIN 'NVMV3 I ' Q 4 um 140+00 ��fZ___ b• i 1 s I o I q t 9! I 1 R /1 :11 II o\ :;-,g,-O a ' `'/ 1 s I)o a f 1�PI 6 I 4$71i �/'00 7 1 �1 i 00; •s e I \, li -2'1— • /' 0° j •• ® N n II 1 8 ° ; ° I A II _ilmi_...._...______::_i___ 1(1 I 3 6 ° O °0 v ` 00 I 0 0 � O E.45; o000 0 1; MR II Mr- I� O O I ; -hi rt N /1 i 0 1 O° gR$ d ...mayiiiiTeutauengl-.'-' • • .1,.— ig 4 wen i i ! • _ ,,,,,,,,�31 �3 n s{G ' ,.an y- I ill, I. i • g 133 I it I I I t i` ,i/I . ... , a i i 8 �Y N Is •.,.1.�.• s• -.....=�.. .m•ili,•MI1 MIQ M OO+111 St OO+M{ VVS . .▪. w.r ,WOW" Slut'ON i 'Otld -SUOKVOYdYC Alum 1 s �o .d (9Z 'HYS'3) ma )IVO 3101 �— ▪ 1...�° .SZNS°; ...,.,,....�. °°'1."'°e V1OS3NNIIh 'NVOV3 ' i. ..e. w.war r IMAM sSMINI11.sw 1 8 g g On NO co..,,,, IG1V11 O O tD O O tl 4 cr p. Ill 1 2 1 ............ .1 _.1 ----x_. li i ;0* v.,. al=;d i O a..I I k O � a!! 0 ii j ! S 1 0 0 1 a g - S o I / \ I 51 / I 5 I 1 Z 4 /' T• 1 11 z:77,7 4ui x , v 1i v Q ce e.1 n � Lai d r I i, n Z \ - I ' t I 1 1 t 1 Z !^ `IV i X R' �.. S 1 _ I � Q Q • O .04� ��g 7---■-- 2 1(4 ‘ t n-- ;1I �I °'II t 000 : I O— n j,i_L, H , q i 1 1 n I 8 I IC {A n�n� d 011 'Jo sem 10Yr+ ■ 00+ g a 11 OM OW 1.1.11.w "MOW OO+LKI IN OO+141 Ins s 1�N�pry X100 'ON J3310YA-SlIGN3AOQld1t1 MINI a. m°°+..°.x:.21412". In " "d (OZ 'NYS'9) OVO_S )MD 3N01 .. ..,. ., .......•...ea "0J+ a Y10S3NNIN1 g'NYDy3 . Iti CC NIIINNIF 1.1■,..~,...,....,.......‘ i IMisigin- N ! n i a 5 I (1;1: Ill Aiill° im O II ilt C TO i Ct IP. Z Ina 044IM 440 o 0 1 i M i 1 '1 .Q-^ ° ~- iI .h L _; • 0 li O M b W g , . ffi N. kLJ � � 0 2 la i a- 0 g it------------------------"7----------- i------...° °...________--------t- 0 N4 0 ?lei r rerrnlmre �r1 rw�a r �.aora a�rrrl. d Npl y Wit 0%S$+11 Y15 V UMW ION NM'ON L'1�'OMd -SIND AONd10 AUU$.aims ION rrrr y 31080 )WO 3NOl -� ° �° r'r..rernrow ... e:: .....�.....,.. mimes 1110$3NNI1"1 'NV�1f3 ' 6 JP s Its wa ar r ary r ar rs 1 pp, Qq ul O' O O u. e Q_ a --' ' :F'7 � N 1 i i n I I 1______7 !• II I CI i g Id I/ I 1 w F yol I O ;, N i! ,Q 1i I t------ 1 I I po O 1 N i I II • T 4 O miCifir/ MI E . 1 ...../1 0 7/ al„ ...• V n 00+0 ece 3 NPIp0 sue" r-� °° .. +o '')A.' 1 1 I IN 1 ` o n J / W I p C1 � �f 6 1 1 o 1 n t I V 1 s t i 1 II . 4,....„......_ . 1p— I 1 1 1 • • PI Wet ! O 1 1 Z� • N ,� t i Ii ; ! 1 I o� I --tz to q S 1 -.Z' ? y S 0 1. o '°o O e W ggO ' ° C mQQ<yo :4.,31 • f 4 v r.N n 6.- L N' — W h 4 j. HI h 4 0 A i 1 e _ I ; i* �� g 5 h t 3 e 4 373 .w 3N 07 $ i E a. L. Ir. J ag a III i I, : t raw Xw3um` slaw s 03500'011d Y e 03SQ .% 3 1 1 Ve'N, ` i T 0:V N. O 'I �A i-O,-.., E' j lib�y ° e� ot e . ,` I - J W II ' W g• «v. I [ob . it N` go NT tf#1177 d' 17 4 1 O l. el 4 N , to p , O e• O v O • in N i : 2 e 1 re ° e - a. ;-s-1 i• i I f tp -� _ .7 N • 8 I 1g . ^ g • 5 1 3Y1v34r I ;n e W to in AKl1JNtr37 ^ Q v i I M Cl) 0 en N ~ J e W W p o tt-ieo I N Z ce r co-4 I Z iW -7e"''---__" p n let 1 o tla L. i — . — — — cal I $ mCC«co m O, 1 1 N on w • } lc . . H p\ p O I ui 2 In N Ery I CC N QO) O— O . v -.- � •- .6 t$' -e=.091 r u ;11 . _ .lz'8Lt .00I �.00t, .001 s' %. -°-% . I i} N N ig , , O- -O- <�— o :01z asrw mw V) N =• ti O n i . ta O - • W J J V c L i Z- Z�-�� - O cr(:m 00 V1 -O Z n v F r W • w J I 0 e a CC v • ^ I c - R Q iI a . N •m .06 .09z i.99z I 4 ^ _..0s, z .001 .001. .YL9z .• es- a i W cn d .tiff •s'10 211 .1czLZ v . .aea N z °� z0'OOf z I « 8 W(Y W % v z N t3 .4., N p + 7 U 1) 2 F W , Q tl • s `� -Z��� j . JO Ut O Y b•8 r 03 C gr E i a C e V 4 1 V Z 84 . ' M mQ�Q U `? U N l N z n q t. „ " .gi I 7 g s e I ' : 411 ! ii e Oi ° ti 1 fi`0. i ! g:; 1 - 37C/am7 3M77 a a gr) EUP - avtLSIX3 ' 5: t. vg bt b ri E o"...arr,13vae a 373 7M7 311407 ONMSAbr VAN E. t Q s--- rJ j p P , i U6-N.` is o CV r A- 0,1 iii i% ['• ,'g 9' �1�' 6 t' W e'�fr _' - ry I _ 1�p •J _ r g - i f A I I IX aN 1 1sw C . ' M1 17 p 66 tD O - I i E[C Z N n` I S ° 1. M W e 8 I (O N N a 8 I to of - N cieg . l Z w O J Z S F. ce z o g C. ..E N It\-k 3 6 .9 : • .,, , MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: NOVEMBER 13, 1992 SUBJECT: CITY PROJECT #601R, LONE OAK ROAD RECONSTRUCTION NEIGHBORHOOD MEETING At 3:00 p.m. on Tuesday, November 10, 1992, City staff held an informational neighborhood meeting regarding the proposed Lone Oak Road reconstruction scheduled for 1993. The informational meeting was held at the Eagan Municipal Center with representatives from City staff, Dakota County Highway Department, and Bonestroo, Rosene, Anderlik and Associates present to present the details of the project and answer questions which the residents may have concerning the proposed improvement. Attached to this memo is the attendance sheet identifying those property owners and others interested in the project who were present at the neighborhood meeting. After a welcome by Tom Colbert, Tom went on to explain the history of City Project 601 R. The project initially was presented to the City Council for consideration as an intersection signalization improvement of Lexington Avenue and Lone Oak Road. The intersection improvements were limited to channelization and signalization of all four legs of the intersection. The intersection improvement project was initially approved but the detailed plans and specifications were denied by the City Council and the project was continued or canceled until a later date. Since the intersection improvement was delayed and the County's 5-Year CIP identified the Lone Oak Road upgrade scheduled for the following year, the intersection improvements were combined with the balance of the Lone Oak Road improvements from 35E to TH 55. Dave Zech from the Dakota County Highway Department presented the details of the County road improvement. The Lone Oak Road upgrade is scheduled to start in May 1993 and be open to traffic by November 1993 with the final wear course and restoration being finished in the Spring of 1994. Dave went on to explain the funding mechanism for the improvement in which the County is responsible for 55% of the cost, and the City is responsible for generally 45% of the cost of the roadway improvement. The County's portion of the improvement is being financed by County State Aid monies. The length of the roadway improvement is approximately 1 mile and will be constructed to a 4-lane divided roadway with concrete medians as well as bituminous trailways on both sides of the roadway. The existing railroad underpass will be removed and an at-grade crossing is proposed. At this time, the County does not have final approval from the railroad concerning the at-grade crossing. Dave went on to explain the County's acquisition process for right-of-way and easements. 4/ Mark Hanson of Bonestroo, Rosene, Anderlik &Associates explained the scope and the details of the feasibility report which was prepared for the project. Mark identified grading, street and utility items as well as the proposed assessment mechanism for financing the City's portion of the improvement. As a part of the Lone Oak Road upgrade, the intersection of Lone Oak Circle will be realigned westerly to line up with Neal Armstrong Boulevard to the south. As a part of the Lone Oak Circle realignment, the roadway will be reconstructed to a 10-ton capacity design with streetlighting and upgrading the existing commercial driveway entrances being proposed. The project includes adding two additional ponding areas which are identified in the City's Comprehensive Storm Water Management Plan. Basically the audience's concerns centered around the following items. Access A major concern of the existing businesses along Lexington Avenue and Lone Oak Road was to what extent the roadways would be open to traffic during the construction period. Representatives of the County explained that basically the north/south Lexington Avenue movement and the westerly movement from Lexington Avenue on Lone Oak Road would be open to traffic throughout the construction process. There would be short periods of time when northbound Lexington Avenue and westbound Lone Oak Road would need to detour through the Eagandale Center Industrial Park #9 Addition. This detour would involve Clubview Drive and Hampton Drive as a means to access the 35E Freeway. A concern of the businesses located east of Lexington Avenue is to what extent their local access would be maintained. A local business man located on Lone Oak Road explained that he has deliveries from 20+ trucks each day in addition to approximately 100 employees. As far as detours and the staging of the construction is concerned, the County has not worked out these details at this point. The County expressed that the possibility of temporary construction access may need to be constructed as a part of the contract. The property owners adjacent to Lexington Avenue north of Lone Oak Road expressed concerns with the County's proposed raised median restricting their access. The County explained the rationale for the raised median in that it is required to properly channelize vehicles as they approach the signalized intersection of Lone Oak and Lexington Avenue. The property owner in the southeast quadrant of Lexington and Lone Oak also expressed concerns with the raised median construction in the fact that it restricts their access also. The property owner south of the fire station requested that an access point be provided his property to Lone Oak Circle. The proposed realignment of Lone Oak Circle physically removed the roadway from being adjacent to his property. The property owner easterly of St. Thomas Becket Church explained that access to his truck court was only from Lone Oak Road. Lone Oak Road access to his truck court was essential for his business operations. At this point, the representatives from the County went on to explain the full access points allowed on Lone Oak Road and the reasons for 2 Co the concrete median and the spacing which was allowed under the County's spacing guidelines. Right-of-Way/Easement Acquisition Process All easements required for ponding and utility construction, as well as the right-of-way necessary to construct the roadway, will be acquired through the County. The City will have no direct involvement in the easement or right-of-way acquisition other than paying for a share of the cost when the process is completed. The County representative explained that after the easements and right-of-way requirements are identified, the County contacts each individual property owner and makes an offer for the acquisition of that property. The property owner is then given 30 days to respond to the County's offer and if after 30 days the County and the property owner cannot reach a mutually agreeable amount for the taking, the condemnation process is started. Assessments City staff explained the portion of the County road improvement which is being financed by the City. The City proposes to recover costs for improvements which fall within the guidelines of the City's current Special Assessment Policy through the levying of assessments to adjacent properties. Costs which do not fall within the guidelines as identified in the City's Special Assessment Policy are funded by the City's respective Enterprise Funds. The assessments are spread over a 15-year period with the interest rate being determined by the bonds used to finance the improvement. A written objection to the proposed assessment was submitted by a representative from Northwestern Mutual Life. Lone Oak Road Realignment Basically, Lone Oak Road between Lexington Avenue and the railroad tracks to the east is following the existing alignment. The portion from the railroad tracks east to TH 55 is moving southerly such that the centerline of the new alignment for Lone Oak Road at the railroad bridge will be approximately located at the southerly abutment to the bridge. The roadway will then be realigned and moved southerly away from the existing homes between the railroad tracks and TH 55. The existing roadway for Lone Oak Road will serve as a frontage road to serve those residential properties. This realignment allows a more desirable angle for the County road to intersect with TH 55. This realignment also eliminates the need for the existing residential properties between the railroad tracks and TH 55 from having individual driveway accesses onto a major County roadway. i ,-eting wa -djourne• at approximately 4:30 p.m. AA&. ' a c L, As P tant ity neer MPF/jj Attachment . Cot 7 NEIGHBORHOOD MEETING PROJECT 601R LONE OAK ROAD STREETS & UTILITIES TUESDAY, NOVEMBER 10, 1992 NAME ADDRESS 1. 7-tikat G[> G 2977 .1.F x,00 rvx) 091/6" S. g 2. �M UJ, 3t6S S. e,�a6 hJ — L I-ukU &Z,e 3. G/ (f L. A) • K f..c tit 4. C O A v i 1 w�d p r� i Zt/` ' ..'l -1-.....-1; 4- .Dpi 6 y j 1 o S(.)P4 u I --S l ie y ‘04-�/E 4-d e 1651o0 t egw.u. Lim_ e v c,o.,..._i.,,� ;t 6.7 j 5 .S $SSLot e. Okk At kktaltIs. 8 0 to if 8. 64.1) 61eLidc44 , 83.5 LFm e_O&9 L ,&J 9. earv_ kve.e, 10.4148 4. Noi2T14uJ n._ /vs c' L6 J 7ti C 11.x.., .,„,,,,,.. 49-..,,,w 4 p&., A.9$s Co. / __ 12. - c -4•Igui' fr �gs� b�, le- 61,1 el;' .e' 1 13. Adr, , Ailor 3e,s-e47.4 _� 14. 4_41 ,, .5. _ , ^ 6A 16. ri. ... 6_,ei sd Abf-trS e 17. C rte— t b-'tA e i(""`v.. S.55 la. _ _�.a..A. '140 L eiiL OaJk- Q ci . 19. 1.1/-, 3 j i. /31a- . 1° 20. - / ------C,;4 t A4.5 loo o -,r ,_ „ --- 21. 7 ft11K5 L..c Fa S.6kTS Z4150 C.6XlA,,.e,Tonl Auk % • SS-72/22.—Lz .. /‘ C�i' _4744( 1-e-- --gee 6:4/ 6 - z41. /(-('-(ee ty 4;-4- ' .4,4 , . le_ eeuitA eb . ...- .of , w._ arm_44,2_,*„ Li - gietAk - 5, t-g" Aie.), ,k-, i _, 1 I f 4 r i 1 I s f - _ i 1 i i ..t, 4 ' q 6)\ • REGEivED NOV 12 1992 Suite 1490 h tern 6400 Normandale Lake Boulevard Bloomington,Minnesota 55437 mutual �® Telephone:612-921-2100 Facsimile:612-921-2094 REAL ESTATE INVESTMENT OFFICE November 10, 1992 Thomas A. Colbert, P.E. Director of Public Works 3830 Pilot Knob Road Eagan, Minnesota 55122 The purpose of this letter is to register our formal objection to all the proposed assessments against the land owned by The Northwestern Mutual Life Insurance Company as described in your report Project No: 601R dated October 1992. We see no benefits for The Northwestern Mutual Life Insurance Company being derived from this project. Yours truly, AP _..11 -1/0F4_,, Dale E. Huber Regional Manager _ DEH/te Received: By: \ . Date: o- 9a • o THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY•Milwaukee Agenda Information Memo November 17, 1992 City Council Meeting OLD;BUSINESS PROD. 622, FINAL ASSESSMENT HEARING (CEDAR INDUSTRIAL PARK) A. Project 622, Final Assessment Hearing (Cedar Industrial Park-Street Renovation)(Continued from November 5th)--On November 5th, a public hearing was held to discuss the proposed final assessments associated with the renovation of the streets within the Cedar Industrial Park. At that public hearing, one objection was received from the owners of the JPK Park incorporated property (Lot 1, Block 3, Cedar Industrial Park regarding lack of notification of the hearing, lack of communication prior to construction, need for driveway apron improvement and lack of increased property value resulting from the project. A copy of hi writte objections submitted at the November 5th meeting is again enclosed on pages and '� . Also enclosed on page CJ,'C� 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. Staff has not received any other objections to this project. Subsequently, the City Council continued the public hearing to November 17th in order to provide a response to these issues. A meeting has been scheduled at 2:30 p.m., Friday, November 13. The results of the meeting along with the other issues will be addressed and distributed with the administrative packet. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 622. (Cedar Industrial Park-Street Renovation), and authorize its certification to Dakota County. 1 y"L - ti PARRANTO '`151QZ ASSOCIATES I n c. HAND DELIVERED November 5, 1992 The Honorable Thomas Egan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: City Project No. 622 Cedar Industrial Park Street Overlay Dear Mayor Egan: On June 16, 1992, I attended a City Council meeting at which the above captioned project was authorized. At that time, I objected to the inclusion of the property located at 1975 Seneca Road in the project. The property identification number for that property is 10-16800-010-02. The proposed assessment at that time was $14,396.56. As I stated at that time, I am the managing partner of J. P. K. Park Co. , the owner of the property. We were given no notice of the original proposed assessment. I attended the meeting because I had happened to read in the newspaper that the project was being considered that evening. At that meeting, the City had agreed to discuss with J. P. K. Park Co. , the owners, the necessity of installation of concrete aprons and curb radiuses to each of the driveways servicing the property. As I informed you that evening, the driveway and parking lots for the building had recently been replaced. They were in no need of repair, and in our opinion, no benefit would accrue to the property by the mere change of an acceptable driveway access from blacktop to concrete. It was my understanding the Council directed the Engineering Department to follow through on those objections and arrive at a solution. On August 5, I drove by the property on my way to work and discovered a bobcat operated by a contractor ripping out the entire driveway access. The other driveway to the property had already been saw cut and prepared for removal . I immediately informed the City Engineering Department. Real Estate Appraisal Consultants 612 454 1600 FAX. 612 454 8943 3914 Cedarvale Drive Eagan, MN 55122 November 5, 1992 The Honorable Thomas Egan, Mayor Page 2 There was absolutely no indication by anyone on the City staff that they were required to take the Council seriously. Therefore, no contact was made with us prior to destruction of our driveway approaches. Again, I have read in the newspaper that the City Council is having a final assessment hearing regarding this project. We have, again, not received any notification of this final assessment hearing. This notification is required by law. You have been informed on previous occasions that no notice was given. You were informed that we expected to be notified of any future meetings. The City has not done so. This letter is hand delivered to you at the City Council meeting of November 6, 1992 as a formal objection to the assessment levied against the property. The property address is 1975 Seneca Road, Eagan, Minnesota. The property identification number is as stated above. The property's legal description is Lot 1, Block 2, Cedar Industrial Park. We object to the assessment as being unsupported by the value increase of the property. We demand a removal of the property from the assessment levy rolls. Sincerely, J. P. K. PA: Mar r. Parranto, Managing Partner MSP/sah V 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.B. s Feasibility Report FINAL P.R. FINAL F.R. ,SANITARY SEWER RATES RATES STORM SERER RATES RATES []Trunk EJ Trunk ['Laterals 0 Laterals Service [] Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS Overlay© �i7tk tk kx,**t $14.80/f f $18.00/f f Driveway Entrance Laterals L! RS RcAARARS 529.46/sq.yd. $46.81/sq. yd. ['Service 0 Res. Equiv. Lat. Benefit/ 0 Multi Equiv. Trunk C/I Equiv. VAC Trail SERVICES STREET LIGHTS 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: d Agenda Information Memo November 17, 1992 City Council Meeting REZONING/PLANNED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/WEST PUBLISHING 6TH ADDITION B. 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 this item, please refer to the Community Development Department staff re ort which is enclosed on page throughteet for your review. Also enclosed on pages through ll are the Advisory Planning Co 'emission minutes relative to this item. The APC is recommending approval. Also enclosed on e a a memorandum from the Parks �l� ks 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. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a rezoning for West Publishing 6th Addition/West Publishing Company of approximately 2.2 LI (light industrial) acres to a PD (planned development) district, 2) a planned development amendment, incorporating the area into the West Publishing planned development, and 3) 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: 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. Cf- 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. (A). 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. 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 $.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. CJC\-) 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. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obliaations 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. Basements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water ouality Dedication • 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water •Quality Management Plan. E. Other • 1. All standard platting and toning conditions shall be adhered to unless specifically granted a variance by Council Action. Advisory Planning Commission City Council Approved: August 25, 1987 September 25, 1987 Revised: July 10, 1990 plataprv.00a LT5 *2 AMENDMENT WEST PIIBLISHING PLANNED DEVELOPMENT AGREEMENT WEST PUBLISHING 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 V225 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. 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. Notary Public _ ��t1 ■ .. /el / ' ■ etk; ___ -,.. r --... I. $ i ) A..a a te. • ' , / .._,,..., 35.._-- ......-4.- •,i'd,•••;',.'.,fz, / 0' . . ..s.■■•■••1.■ 1 0 '. -''. ... '-' '.....-------- t I'r•-.^ ...,., ,/ ,'-.--- -------..-'-• lit •t•- . __,V..• •• r 'Z.' . ki •"I A;* ' 1./..................... 40.• ,,. .......„,„. tr. . ..- 1 4 ...............-••••"'" — 1 I - ..."" AN.. ,,-, - - ." .... / ....---- •• • • ?'/..A• ..- I .•••• ,1 co :. •• ..e• t t 4, . ‘ /' • li 40/ . ,/ •. °re's\ •• 1 . Will I t . 4,r■' ' ,'..e,- -;;.. "4 - ''.- III 1 I els t• . , -' ** : , --•-•\ s•• 11i4;-- 'ort$2;, *Ss •••,..5<.'" / • • gems qr wrIe------anew at•We■•ir.As. s r.r... .•"•• •0' % 'i''.',:;i; f 4. .0 ..1, ■. ' 4 ,..---. is se 1.•;....:4, )it.. „ , • r ....,.. 4...-:.,,,../...,..%4'.. ••...•".....-•;-,‹...-' . .. .........................a,. . ...• ....;„.....,s.- ....„.......... .. .„...„..,”. .. „........„•• 1 \ -01.101. 4...a. # . %Sal. It h .. . '. :: '4 °'.'...::'..'.....,..,..,._ .• ) 1 4".eamollo.iraM64... 1 I 3 1 ... -.. :- .■ •fltig=-11. •1 1 • 1 1 _.eft..,e..„.• 1 .•...- ..,." # IS. 1 1 ol .,..,N.; 4.'4 i a .- . ii■ sl ,:...).3 •■,.....e 11 1 g w l‘ii Q 0 i el /4 ,.. I 0 -. - • —••••••••=g1.401FIFIIM.3-1-1kra*4 4:4:""'• • Jloi 8.• df ------ .. •:::::::..1::::::::::::::.:.:.:.., 1 : I 1 I ga •• e ..„.:... .• ••:::::: ............ . .... .. . - •,::::::: 1 . • / I Pr . .. ', 1 . 0 1 OW 01 1 •.::iiiii:1:::::i§:::::::K::.Liliii* i:.:... -. :•A 1, .1 1 it, II_Lii 9(. 6111•1611.1 • •••.•.•• • • ..•••.•... . ..lir s•Jr......."-,e, 1., ...‘..‘.''' gt 1 4P :::::::,:.:.:, ...• ......... ........,,,,. .............. ‘ , , 'k .-.:-'v..... .......":K. a::•:4::::::?.,:i§:::::;:::;:§1:§§§::;:lii,.. .•.•t• ( """ 1 a f:::::::::::*:': 'Mi.' ..:•:*:•:•:••:::7`**••••••••,•v•• lit , ......,1 . .../L 'I. ;.) 4 . : L.__1.11.tea 1.r.a■111.-4..111,10%.al, ril 4.1" vo 144 t • ' 4 I t tl1 lIg'42 . ..i I t. .... I • • MIT'RAC l' ... .1 I Bi . It , 1 -21- 1 .... . ,P `I, ..,,, ‘,1, r.gyre.we te•se 101.1.. .• 1 a 1 , f ....1L,aegi, 'Ne "es'. rill/P.r 7.97.7 __. ,• 4 1 „....6. •----07- • • ...lifie.4..ria...e■tmll'aioitieltdrielp. 4 • e• .., ;0 I' ... i ' • •• I 4 II . • 01.le:=1111:11111„mi.-A .1 . . . 1 4 1 ' . 1 1 , e N • • I t. • '4 ... • .....,.. \ • wilb = e .--• - .. I ' • \ 1...\ \r. .ip. asil, a .,:. .:. viwird -1 • . 1 I. •r Ill CA '• I a \ ' ,... , .. . r;d• ._ :. . s ... --'‘.- - , .6"."411 ': ' - ••• 1%.*7.0.4.--"........ •s. : .I t 411141 1 ::.iiwf\\,t . rot --kra...4;,-.....--7-...;--;•%•° .•••• %. -U.;. _ 1 gl Paz - :i• N IS .- 1 .. il a•, 14 71. I T44 411111qi '...N4Pk . '• ... IN - • ' / /---- ; 1.- irt - "ii h. ..., I 1 I el -Lk " A ... • a i I vitt • - i _ ' 1 ( :)..-..:, • i I V IP .. •— b • - • . .- . . • , .• • 1 ..... o• 1 .4 ! ' I IPA I, 4 ! ... , : mil S., ..."ite/.01 . ; r 1 i • .-: 1 : : 4 . ( 11111 e 1 . '‘ r' \ - A i• •• k . I . 1 • \ „ • ' 416' \ •• , A 0114 v""- 7 Jra .vr..rte.-re it• n , . , _. - • Aler _ M 00•5 M'• 10 011101 i Q V O • 221.00 * 9I I. • ��0C' Pv0' ZPv� y6 � u. �O' pN►P ~ ' G4 ^0 • : o ' 1 Mal WI_ j II*Y F ASFUFIII PFN Or 11034••••• • ••• M I Ai ___ } 1 _ E••• t2!M • ewe Preliminary -Plat WEST PUBLISI-r-' %" '•OMPANY 6TH ADDITIO' ■N90'4T� • :4 .c i• .:.:::::;....:.::%:.......:...:„. •4::....:%...:%:.•:' •: ti. •"' -DFERRAL REG?VEST�� : ;;iii .: ': #:i • . AWE: ... / 1114 11 IN11 WEST PUBLISHING 6TH FINANCIAL OBD LIGATION LEGEN �� Lateral � Benefit Water Storm Sewer Trunk • .`PC SENT BY: 10-28-92 ;12:02PM ;SEVERSON WILCOX SIB..-) 612 681 4612;# 5/18 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 WEST PUBLISHING STE 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 aide 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=9556 o12 432 3780 10-28-92 12:01PM P005 #04 SENT BY: 10-28-82 ;12:08PM ;SEVERSON WILCOX SHEL-► 612 681 4612;# 6/18 Page 5/EAGAN ADVISORY PLANNING CONMISSIoN 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, Bi, 83, Cl, C2, C4, Dl, El, Fl, Gl, and H1 2. The final plat shall include a 10 foot drainage and utility easement along the Wescott Road right-of-sway. 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. 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 Agenda Information Memo November 17, 1992 City Council Meeting MAC NOISE BUDGET RECOMMENDATION A. Recommendation,Airport Relations Committee, MAC Noise Budget--At its meeting of November 10, 1992,the Airport Relations Committee considered the recent announcement by Northwest Airlines regarding changes in flight schedules which would result in aircraft noise exceeding the voluntary noise budget levels established for July of 1992. A notice concerning a public hearing to be held by the.MAC on November 30, 1992, is enclosed on pages ,( It through ay(4,. In addition, a memorandum from the MAC deputy executive director for planning and environment is enclosed on es a p g 1/1 through l Z2.eutlimng the basic alternatives. Upon review of this information and discussion including comment by neighborhood representatives, the Airport Relations Committee recommended that the Eagan City Council adopt a position which supports negotiation of new comprehensive voluntary noise agreements with all passenger airlines serving MSP to again define achievable noise reduction levels through the end of the decade. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a recommendation by the Airport Relations Committee to endorse to the Metropolitan Airports Commission the position that new comprehensive voluntary noise reduction agreements be negotiated with all passenger airlines serving Minneapolis/St.Paul International Airport to identify and encourage achievable levels of noise reduction through December, 1999. `3 METROPOLITAN AIRPORTS COMMISSION • �e.;•s�•-�, Minneapolis-Saint Paul International Airport 6040-28th Avenue South • Minneapolis.MN 55450-2799 r Phone(612) 726-8100 • Fax (612) 726-5296 =t MAC NOTICE OF PUBLIC HEARING ON VARIOUS OPTIONS FOR ADDITIONAL NOISE ABATEMENT AT MSP . THE MINNEAPOLIS-SAINT PAUL METROPOLITAN AIRPORTS COMMISSION ("COMMISSION") WILL CONDUCT A PUBLIC HEARING ON NOVEMBER 30, 1992 TO RECEIVE COMMENT FROM ALL INTERESTED PERSONS CONCERNING VARIOUS OPTIONS AVAILABLE TO THE COMMISSION FOR ASSURING ADDITIONAL AIRCRAFT NOISE ABATEMENT ACTIONS ARE TAKEN BY THE AIRLINES SERVING THE MINNEAPOLIS-ST.PAUL INTERNATIONAL AIRPORT("MSP")THROUGH DECEMBER 1999, WHEN FEDERAL LAW MANDATES THAT THE NATIONAL FLEET SHOULD BE ALL "STAGE 3' AIRLINE AIRCRAFT. AT ISSUE IS WHETHER THE COMMISSION SHOULD TAKE ADDITIONAL LOCAL ACTIONS TO REDUCE OPERATIONS OF NOISIER STAGE 2 AIRCRAFT OR, GIVEN THE POSSIBILITY OF THEREBY LOSING FLIGHTS AND JOBS, ALLOW THE FEDERAL LAW MANDATING A PHASED TRANSITION TO STAGE 3 OPERATIONS TO TAKE EFFECT OVER TIME AT MSP. Information on Public Hearing The Public Hearing will be held as follows: Time: 7:00 11:00 p.m. Date:._ Monday, November 30, 1992 Location: The Thunderbird Hotel 2201 East 78th Street • Bloomington, Minnesota Additional sessions will be scheduled and promptly announced if it appears that all persons interested in being heard in person cannot be adequately beard during the time allotted for the session announced above. The Commission's Planning and Environment Committee shall serve as the Hearing Officer. A certified stenographer will be present to record all proceedings and to prepare a transcript for later consideration by the Commission. • The Metropolitan Airports Commission is an affirmative action employer. • Reliever Airports: AIRLAKE•ANOKA COUNTY BLAINE•CRYSTAL•FLYING CLOUD•LAKE ELMO•SAINT PAUL DOWNTOWN Subject Matter of Hearings Members of the Commission and segments of the community were disturbed at Northwest Airlines' ("Northwest")recent announcement that it planned to exceed currently applicable noise levels at MSP (i.e.,24% below August 1986 baseline)for up to eighteen months. This unilateral decision by MSP's major hub carrier will increase aircraft noise experienced by many area residents. At the time of Northwest's announcement, four other major carriers at MSP exceeded their noise allocations as calculated by the draft Noise Budget Ordinance methodology. Since 1987, the Commission calculated aircraft noise levels based on methodology contained in its Draft Noise Budget Ordinance(1987). Calculations are made in units of Average Daily Noise Energy (ADNE),with a stated objective to reduce aircraft noise to that tolerated by the community in August 1984. Northwest had agreed with the Commission to reduce its noise by percentages equal to the total airport goal,and agreed that negotiated agreements could achieve the same goals as a formally enacted ordinance. Other major airlines also negotiated noise agreements with the Commission. Until the recent change in the Northwest flight schedules at MSP, total airport noise was reduced over time in accord with the schedule in the Draft Noise Budget Ordinance. The Commission has decided not to respond to Northwest's action without first seeking to obtain advice and recommendations from a wide cross-section of public and private sector witnesses on a broader issue: The Federal Government mandates a transition to an all-Stage 3 fleet by December 31, 1999. In light of that program, what additional approaches, if any, should the Commission adopt beyond Its ongoing programs to increase the level of achievable aircraft noise reduction it can obtain from all airlines serving MSP through December 1999? Specifically, the Commission seeks input on three options open to it (subject to legal challenge), or any combinations of them, and additional suggestions from the public: Given the Commission's obligation under its charter and statutory authority to determine the proper balance between the metropolitan area's need for adequate air service, protecting area residents from adverse environmental impacts, and protecting itself from legal liability resulting from excessive levels of aircraft noise, should the Commission— 1. Enact an ordinance to implement the "Draft Noise Budget Ordinance (Draft 4/7/87)" ("Noise Budget Ordinance") that was not enacted in 1987 in favor of voluntary compliance after agreements were negotiated with individual airlines? 2. Seek to negotiate prospective, comprehensive voluntary agreements with Northwest and all passenger airlines serving MSP to increase the level of achievable noise reduction the Commission can obtain through December 1999? 3. Prepare to enact a new ordinance (updated Noise Budget Ordinance or Acceleration of Federal Stage 2 Phaseout Schedule) that would allow the Commission to enforce each carrier's new negotiated agreements through 1999 and would mandate involuntary compliance by those airlines not choosing to negotiate agreements? 1 The Commission has also directed the Commission staff to promptly prepare a report detailing the degree of compliance by individual airlines with their negotiated noise abatement agreements between 1987-1992, and as compared to the actual text of the "Draft Noise Budget Ordinance 417/87." This 'Airline Noise Compliance Report" is expected to be available on November 2, 1992. Prospective witnesses at the Public Hearing and commentors submitting material for the public record are urged to obtain and comment on this report as part of their input to the Public Hearing process. Background Reading Materials for Public Hearing A copy of this notice and currently available background reading materials are being mailed to all known interested parties, and will be available for public inspection in the Commission's General Offices. A copy of the Airline Noise Compliance Report referred to in the preceding paragraph will be forwarded to individuals of this mailing when available. Individual copies of all materials will also be mailed upon request to any person. The background documents are: 1. Background Information: The Commission Staff Paper Evaluating Various Options for Commission Action in 1992; 2. Historical documents detailing Noise Budget proceedings. • 1 • MEMORANDUM TO: Planning & Environment Committee FROM: Nigel D. Finney, Deputy Executive Director Thomas W. Anderson, General Counsel SUBJECT EVALUATING VARIOUS AIRCRAFT NOISE ABATEMENT OPTIONS FOR COMMISSION ACTION IN 1992 DATE: October 6, 1992 A number of events have occurred since the Commission last considered the Draft Noise Budget Ordinance in 1987 that should be kept in mind in considering the pros and cons of the various aircraft noise abatement policy options now available. The basic question is whether the Commission believes that MAC, balancing economic, environmental and legal considerations, should now take local actions (in addition to ongoing programs) to alleviate aircraft noise impacts at MSP beyond existing Commission programs and the ongoing Federal program to phase out Stage 2 aircraft operations by 1999/2003. I. CHANGES IN AIRCRAFT NOISE LEVELS AT MP AND IN FEDERAL LAW SINCE A. Effects of the 1987 Negotiated Agreements and Other MAC Noise Abatement Actions since 1987 First, aircraft noise levels near MSP have been substantially reduced during the five-year period since the negotiated agreements with. major airlines were completed. MAC's monthly compliance reports indicate that, until recently, voluntary carrier efforts have reduced noise exposure as anticipated under the Noise Budget Ordinance, i.e. , a 24% reduction from August 1986 base levels. Second, MAC has taken additional steps in the intervening years to reduce noise at MSP, including (a) completion and partial FAA approval of the MSP Part 150 Aircraft Noise Compatibility Program; (b) MAC's negotiating a higher landing fee on tenant airlines for their (noisier) Stage 2 operations; (c) MAC's negotiating in its recent financing agreement with Northwest for no less a share of quieter Stage 3 operations at MSP• than at Northwest's other U.S. airports, guaranteed investment in additional Stage 3 aircraft, and greater reimbursements for off-airport costs incurred by MAC for its noise mitigation (e.g. , residential and school soundproofing) program; and (d) MAC's negotiating voluntary noise agreements with the carriers having nighttime operations at MSP. l �� B. External Events Influence MAC's Ability to Mandate Greater Airline Noise Abatement Efforts 1. Airport Noise and Capacity Act of 1990 The 101st Congress enacted the Airport Noise and Capacity Act of 1990, which (a) established a timetable for all airlines to transition gradually to an all Stage 3 fleet by December 1999 (with a possible waiver until 2003 if 85% of a carrier's fleet is in • compliance by July 1999) ; (b) restricted MAC's legal ability to impose new noise restrictions on airline aircraft; (c) grandfathered MAC's ability to enforce its existing program of negotiated agreements with carriers; and (d) tied access to two of MAC's capital financing sources (AIP and PFC revenue) to compliance with the new law. a. Phased Noise Reductions The statute's plan of phased noise reductions over time applies to each airline's national fleet of aircraft, not to any specific airport served by an airline. The FAA has taken the position that the national scheme of source noise reduction mandated by Congress precludes the need for individual airport operators to expedite the Stage 2 phaseout by local regulations. MAC and other airport sponsors have disagreed with FAA's interpretation of the new statute. b. Restrictions Imposed on New Local Noise Regulations - The 1990 legislation also requires that MAC undertake detailed cost/benefit and alternatives analysis and carrier consultation before imposing any new noise restrictions on Stage 2 operations of airlines using MSP. Importantly, .it is also clear under the 1990 law that FAA must approve MY new restrictions 2n $taae, . operations (including any noise budget ordinance) . FAA's approval/disapproval occurs only after the sponsor completes a rigorous (some say impossible) cost/benefit and alternatives analysis. The FAA's implementing regulations (FAR Part 161) encourage the negotiation of voluntary airline-airport noise agreements (covering both Stage 2 and/or Stage 3 operations) and allow such agreements to become effective without compliance with the analysis, consultation and review process required of involuntary noise restrictions. c. MAC Obtained Limited "Grandfather" Exemption from Requirements of 1990 Law That Act specifically exempted from those requirements MAC'S local action (ordinance) "enforcing a negotiated or executed airport 2 aircraft noise or access agreement between the airport operator and the aircraft operator in effect on November 5, 1990". This allows MAC the option to act now to enforce the voluntary agreements `.r individual airlines entered into with MAC in lieu of the Commission's enacting the Noise Budget Ordinance in 1987. It is possible to interpret the Congressional exemption as authority for MAC currently to enact provisions from the Draft Noise Budget Ordinance to enforce the voluntary airline agreements that were based upon it in 1987 without having to comply with the procedural requirements established in the 1990 law for new airport use restrictions. d. MAC Could be Threatened with the Loss of Federal AIP Grants and PFC Revenues if It Imposes New Aircraft Noise Restrictions Over FAA Objections Finally, compliance with the 1990 aircraft noise law impacts directly upon MAC's ability to carry out its capital improvement program. Section 9307 of that Act would preclude MAC or any other airport sponsor from receiving Federal Airport Improvement Program (AIP) grants unless the DOT Secretary concludes that the airport sponsor is not imposing any noise or access restriction not; in compliance with the new noise law. Further, that provision would prevent airport sponsors like MAC from continuing to collect Passenger Facility Charges from revenue passengers enplaning at MSP if the airport sponsor is not in compliance with the new noise law. 2. The U.S. Airline Industry's Poor Financial Condition is Affecting its Ability to Purchase Quiet Aircraft It is now estimated that the major U.S. airlines will have lost $9 billion over three fiscal years as a result of the economic recession, the Gulf War, the cost of aviation fuel and the ability . of carriers operating under Chapter 11 bankruptcy protection to "underprice" today's domestic airline fares. Carriers serving MSP have announced the cancellation of Stage 3 aircraft orders and decisions to retrofit today's Stage 2 aircraft to minimum Stage 3 levels in lieu of replacement. These factors raise the question of the feasibility of additional local airport actions to mandate greater shares of Stage 3 operations for their airports. Likewise, local actions to restrict noisy operations could impact upon numbers of airline flights and employees, an issue that was central in the State of Minnesota's decision to negotiate the Northwest financing package. 3 II. CONSIDERATIONS INVOLVING SPECIFIC r(AC NOISE ABATEMENT OPTIONS A. Appropriateness of Additional MAC Noise Abatement Decisions, In General There are a number of reasons why the Commission may wish to review the adequacy of its existing policies for aircraft noise mitigation. First, the membership ,of the Commission has substantially changed since decisions were .taken in 1987 not to enact the Draft Noise Budget Ordinance but to negotiate instead• voluntary agreements with individual airlines for noise reduction over time. Second, the existing voluntary agreements by their terms don't provide mechanisms for further reductions in noise during the 1990s -- beyond the "24% below August 1986 noise levels" criterion that was to be in effect at the current time, although the Noise Covenants in the Northwest financing package do provide continued improvement as Northwest's overall fleet improves. The Commission may wish to decide whether carrier compliance with the 1990 Federal noise law -- transitioning to all Stage 3 operations by 1999/2003 - - would be adequate for MSP site-specific noise mitigation purposes when joined to ongoing local MAC programs (off-airport land acquisition and compatibility; informal approaches to various carrier groups seeking "best efforts" for voluntary noise reduction, etc. ) . Lastly, external factors have made it more difficult for airport proprietors to impose new source noise restrictions on airlines. The federal Airport Noise and Capacity Act of 1990 establishes new procedures that must be followed to impose new involuntary noise restrictions on the carriers. Financial problems of U.S. airlines have in general reduced their capability to acquire Stage 3 aircraft as quickly as they and airport proprietors would like. Three options for supplemental MAC actions on noise will be presented for specific discussion by public witnesses and industry representatives at the Public Hearing planned to provide by MAC for input into the Commission's decisionmaking process. Presentation of other options is, of course, welcomed. 1. Enact an ordinance to enforce MAC's past negotiated agreements with various airlines serving MSP or implement the "Draft Noise Budget Ordinance (Draft 4/7/87) ." Enactment of an enforcing ordinance would, if legally sustained, allow MAC to penalize airlines for non-compliance with their agreements. pros: The Commission in 1987 anticipated that it could later enact and enforce its Draft Noise Budget Ordinance if the airlines did not achieve a similar reduction in noise as a result of their 4 1 a-o negotiated agreements with MAC. Further Con • grass provided an option in the Airport Noise and Capacity Act of 1990 for MAC in fact to enforce these negotiated agreements with the airlines without • having to satisfy the new procedural requirements of the 1990 law for imposing use restrictions. Cons: Northwest has already questioned MAC's legal authority to enforce the Draft Noise Budget Ordinance, suggesting a legal conflict would be likely. At most, the enforcement mechanism would maintain noise levels at the level reached in 1992 under the 1987. computations and not mandate any additional noise reduction. Nighttime noise levels and limits on all-cargo operations have become greater areas of concern in the years since 1987; the last draft ordinance did not weight these factors appropriately today's noise pattern. MAC's attempt to legally past "voluntary" agreements could dissuade airlines from entering into new, prospective agreements with MAC covering further noise abatement efforts during the 1990s. 2. Seek to negotiate prospective comprehensive voluntary agreements with all passenger airlines serving MSP to increase the level of achievable noise reduction MAC can - expect to obtain through December 1999. Negotiation of agreements with individual airlines quantifying "best efforts" for noise abatement reductions at MSP during the 1990s could be accepted by MAC without any enforcement mechanism. This approach would further the "partnership relationship" the airlines prefer to involuntary requirements. Pros.: Negotiated agreements with individual airlines -- with or without agreed-upon enforcement mechanisms -- do not have to undergo the long, expensive and detailed FAA regulatory reviews that new, involuntary noise restrictions must attempt to satisfy. This may be the easiest mechanism to allow the Commission to get an advance look at the pattern of noise reduction at MSP during the 1990s. The concept of airline-specific voluntary . agreements allows for variations between carriers in their ways of reducing noise. Cons: Negotiated agreements generally include caveats such as "best efforts" and "subject to marketing and operational considerations," that preclude easy enforcement if MAC's expectations are later dashed. Generally, carrier willingness to commit to effective noise reduction reflects their view of MAC's • legal ability to achieve the same (or more) through involuntary noise restrictions. 3. Prepare (or prepare and enact) a new ordinance (updated Noise Budget Ordinance or Acceleration of Federal Stage 2 Phaseout Schedule) that would allow MAC to enforce each • 5 carrier's new negotiated agreements through 1999 and would mandate involuntary compliance by those airlines not choosing to negotiate agreements. A new ordinance could cover newer problem areas not adequately addressed in the 1987 Draft Noise Budget Ordinance, and/or establish a Stage 2 phaseout schedule for MSP that is speedier than the national fleet quieting program established in the Airport Noise and Capacity Act of 1990. A summary of the Draft Noise Budget Ordinance as well as its text (4/7/87) is being provided as background information for the Public Hearing on noise options being scheduled by the Commission. In general, however, the noise budget concept provides a regulatory mechanism by which MAC can (1) set a ceiling on aircraft noise that can acceptably be produced by all air carriers serving MSP and (2) allocate that ceiling equitably among all classes of airlines and among individual air carriers for their use. The community is protected from aircraft noise being produced above that ceiling and individual carriers have the ability to operate fewer. Stage 2 operations or more Stage 3 operations to utilize their allocations. Because such allocations impact on Stage 3 aircraft, FAA's regulations consider the Noise Budget concept as a "Stage = 3" restriction requiring FAA approval before being implemented. In contrast, a MAC regulation speeding up the airlines' transition to an all Stage 3 fleet at MSP is in actuality only a limit on Stage 2 operations and can be adopted without FAA approval (but subject to other legal criteria) . pros: A new ordinance could be shaped to respond to the problems of the 1990s at MSP and to build upon the fleet noise reduction program established by Congress. When held to be enforceable, such an ordinance would have real "teeth" for keeping all carriers in actual compliance with MSP site-specific standards .throughout this decade. Cons: A new ordinance would not be grandfathered and would have to satisfy the analysis, consultation and review processes mandated in FAA's Part 161 Regulations implementing the 1990 noise law. Long delays and litigation would virtually be assured and MAC's access to Federal airport grant funds and Passenger Facility Charge revenues could be endangered throughout the process. Such an arduous process might not be worth undertaking until the Minnesota Legislature decides the "dual track" issue of a replacement airport for MSP or continued development at the existing MSP site. • 6 Agenda Information Memo November 17, 1992 City Council Meeting ANNEXATION OF LAND/CITIES OF EAGAN & INVER GROVE HEIGHTS B. Resolution, Concurrent Detachment & Annexation of Incorporated Land, Cities of Eagan and Inver Grove Heights (Area Located West of Highway 3)--Discussion has been occurring between the staff members of the Cities of Eagan and Inver Grove Heights regarding a concurrent detachment and annexation of incorporated land between the two Cities. The areas of land being considered for such annexation are narrow strips of land between the border line which separates the two Cities and curves of Highway 3 just north and south of Diffley Road. For more information on thi item, please refer to the memo from City Planner Sturm enclosed on pages(,..- through3Attached to that memo are copies of relevant maps, notices and correspondence regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the concurrent detachment and annexation of incorporated land as proposed between the Cities of Eagan and Inver Grove Heights for land located between the border of the two Cities and curves of Highway 3 just immediately north and south of Diffley Road. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 5, 1992 RE: ANNEXATION BETWEEN CITIES OF EAGAN AND INVER GROVE HEIGHTS This memo is a summary of the process regarding the annexation of land between Eagan and Inver Grove Heights adjacent to Highway 3. It began with the Hawthorne Woods Addition adjacent to Highway 3 abutting the Inver Grove Heights border. The area between the municipal border and Highway 3 for the portion adjacent to the plat contains approximately 14,000 sq. ft., however it would not be buildable in its current configuration. If that area was included in the Hawthorne Woods plat, it would provide additional backyard area for several lots. It appears the easiest way to incorporate it into the Hawthorne Woods plat would be to annex the land from the City of Inver Grove Heights for the following reasons: • No joint documentation between the cities would be required since no platting would be required by Inver Grove Heights. • No separate tax parcels and related combination agreements would be necessary. • The land could be incorporated into a Final Plat for the future Hawthorne Woods Addition with no separate platting process being necessary. • Since this residual piece is unbuildable, it serves no purpose to Inver Grove Heights. The process to annex land is called"Concurrent Detachment and Annexation of Incorporated Land" and is done by resolution. No action by the Advisory Planning Commission is necessary. The City Attorney's Office feels it would be best to annex the entire area west of Highway 3 at this time rather than waiting for development on the property north of the Hawthorne Woods plat. There are three separate parcels and those property owners were noticed of this procedure. Two have homes on them and already have Eagan addresses. After discussing the annexation process with the Inver Grove Heights staff, their City would like to acquire a similar unplatted piece of property on the east side of Highway 3 just north of Diffley Road. Attached is a copy of the letter sent to the four property owners, copies of the resolutions prepared for both cities and locations, and location exhibits. If you would like additional information, please contact me. City Planner JS/js attach. cc: Mike Ridley, Project Planner Mike Dougherty, City Attorney 124 : .-.nom 7'- � - _4 lie . - - - .1.4 '-= - 4. s.1 . • 111111 I11.• . Il INE • - I -1" el ! ' 0,...ikli • 1 . 1 A .`(1 y - RIM K ct t_ a , '. 1 -FW:.. -9-,4:40")- _. - /A‘_.-VC)re-111-- 4, •.,It* 4((ti>_ ‘Y + • .� y 1 V o Ian I 1 0, . 7114- J J .e.•.:_ f. . f.:, • NE J ' �fS/Of 7II____A 44'6 ` 41: K,,,,a �, a it 4 4410. j ,P '. — "may -. 411111% 1 - . °' 3 1i11ó 1``- �:. .e.-„--.-Ak ler,smx... \ ,117 . t E NW . Az. de i `- Q-:S.-- • - 1 g a 11 I I I PA telk , , is irj r______... ... i a il I I ..----1 I 41111Mral I; --... a li .I i I 31 _ I — L_ _I I i ,. �-�� 1 •. . PS .-%f..... I El . Y. r5112 ,.. ;IA 3 1 : . ...922222222.1 2.2,2.22,/ . 1 V\, !. L • b ,► t N • `<<twormir . s� • ..4114", : . ar 1 ' - -1 :WI )1 :, A 1 '-.14.. A. i. ' Br. • .1 ; �. isrJ.yj ; . \ ; 1- ..... ..._•4II 1 li , 1 t r - Ili \ . ; 1.:- , a) : : 4 1 ,... - • `3-' • -•'", s : r a i ;< :41• 2<2311-1"1"6=2.164-4-45.. -M fT =I • t .j;: :z _ •.• ':414 •IIIJ W_J7 I___:1-- � t � -gi4 it. iI t^` �� yt• ',^; t tit a ' �� , �i4. _...�_t1 e ti f 411101 — 7 10. I • • •r • 1 C �, .w .r L• L 2 L Y t ! m t f t f 2 ! 0 i 'I I N G I 1 ; r I • •pp i,� ty:1\ !/ •mow• / 13 i.:I ir----- -.%- - — r-i .111 -.J.,. , 1 ,! - I • !f �tl i 2 • V. i - ; .1 1� .1 tk .4-- � t• / !. i--- . 11 ill I i 1 Militiv.4-- .— - .a s- _, . .: _ • \ 40,„ .. . 'iii S `,f4 it , . . .1 a I .1 ' 1.1. • .. , .---L_ : ' Iii .8 1.___ __ _ __ _ . 4. i ...: , ., . ..,... ,_ - - - 0 , ' / -41. ,ii I i 5 1 ._ _ r---', 1,,,-- 1 I 1 t _ t - I s '� i j II i _ 1 e iI !J! _ 4 E 1� I!L! I i I i1 a E r - I .a: :1 • �1 3 i .1 3 j ., �1 � ki �, E# r '< 1 IE .t s r ! i a 11 o t V 1 t1k iqt 1/ I L *Iiii 24 y _ _city of ecigcin • MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681-4360 • PAMELA McCREA TDD:(612)454-8535 TIM PAWLENTY THEODORE WACHTER . Council Members THOMAS HEDGES November 5, 1992 City AdRtininstrator EUGENE VAN OVERBEKE City Clerk SUMMITT POINTE PROPERTIES 1010 WESTBROOK WAY #8 HOPKINS MN 55343 TO WHOM IT MAY CONCERN: - The Cities of Inver Grove Heights and Eagan are proposing to exchange approximately 1 and 1.2 acres of land along State Highway 3 so the highway becomes the new municipal line. This process is done by a resolution passed by both cities and then as approved by the Minnesota Municipal Board. No public hearing process by each city's Advisory Planning Commission is necessary. This process will benefit both cities and property owners by eliminating the need for both cities involvement or approval of any land use change in the future. This could include items such as zoning, platting, and variances. This item is scheduled for the Inver Grove Heights City Council meeting on November 9 and the Eagan City Council meeting on November 17. Attached is a copy of the Resolution and map of the areas to be exchanged. If you would like additional information, please feel free to contact me at 681-4695 or: Tom Link, I.G.H. Director of Community Development, 457-2111 Dale Runkle, Eagan Director of Community Development, 681-4695 Sincerely, Jim Sturm City Planner - JS/js . attach. THE LONE OAK TREE .. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 21 JOINT RESOLUTION BETWEEN THE CITIES OF INVER GROVE HEIGHTS AND EAGAN FOR THE CONCURRENT DETACHMENT AND ANNEXATION OF INCORPORATED LAND PURSUANT TO MINNESOTA STATUTE 414.061 WHEREAS, the City of Inver Grove Heights desires to detach a parcel of property approximately one (1) acre in size and legally described as follows: Lots 1, 2, 3, and 4, Auditor's Subdivision #43, lying W of STH #3, all in Section 30, Township 27, Range 22 WHEREAS, the above-described property abuts the City of Eagan and the City of Eagan desires to annex said property; NOW THEREFORE, IT IS HEREBY RESOLVED that this joint resolution of the Cities of Inver Grove Heights and Eagan shall be submitted to the Minnesota Municipal Board with the intent and request that the Municipal Board concurrently detach the above- described property from the City of Inver Grove Heights and annex the same to the City of Eagan at the earliest possible date. Approved by the City of Inver Grove Heights this day of , 1992. Mayor City Clerk Approved by the City of Eagan this day of 1992. Mayor City Clerk JOINT RESOLUTION BETWEEN THE CITIES OF EAGAN AND INVER GROVE HEIGHTS FOR THE CONCURRENT DETACHMENT AND ANNEXATION OF INCORPORATED LAND PURSUANT TO MINNESOTA STATUTE 414.061 WHEREAS, the City of Eagan desires to detach a parcel of property approximately 1.2 acres in size and legally described as follows: Pt of E 1/2 of SE 1/4 lying E of STH #3 WHEREAS, the above-described property abuts the City of Inver Grove Heights and the City of Inver Grove Heights desires to annex said property; NOW THEREFORE, IT IS HEREBY RESOLVED that this joint resolution of the Cities of Eagan and Inver Grove Heights shall be submitted to the Minnesota Municipal Board with the intent and request that the Municipal Board concurrently detach the above- described property from the City of Eagan and annex the same to the City of Inver Grove Heights at the earliest possible date. Approved by the City of Eagan this day of , 1992. Mayor City Clerk Approved by the City of Inver Grove Heights this day of 1992. Mayor City Clerk -9 'cr41- —city of=man MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681-4360 PAMELA McCREA October 7, 1992 TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES MR TOM LINK city AdmInkistrator CITY OF INVER GROVE HEIGHTS EUGENE VAN OVERBEKE 8150 BARBARA AVE City Clerk INVER GROVE HEIGHTS MN 55075 Dear Tom: Earlier this year, the Hawthorne Woods Addition was approved by the City of Eagan. The plat abuts the Inver Grove Heights border for a short segment. The area between the municipal border and Highway 3 contains approximately 14,000 square feet, however it would not be buildable in its current configuration. If that area was included in the Hawthorne Woods plat, it would provide additional backyard area for several lots. It appears the easiest way to incorporate it into the Hawthorne Woods plat would be to annex the land from the City of Inver Grove Heights. The reasons are as follows: • No joint documents between the cities would be required since no platting would be required by Inver Grove Heights. • No separate tax parcels and related combination agreements would be necessary. • The land could be incorporated into a Final Plat for a future Hawthorne Woods Addition with no separate platting process being necessary. • Since this residual piece is unbuildable, it serves no purpose to Inver Grove Heights. In fact, if it were not incorporated into the Hawthorne Woods Addition, it could become a tax forfeiture piece of property. If this process is acceptable to the City of Inver Grove Heights, I will begin the next step in the annexation process. Attached are locational maps for your reference. Thanks for your help. Sincerely, Jim Sturm City Planner JS/js THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer L'3o City of Inver Grove Heights 8150 Barbara Avenue Inver Grove Heights, Minnesota 55077 Phone: (612) 457-2111 Fax: (612) 457-9878 November 4, 1992 Jim Sturm City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Jim: In conjunction with the City of Eagan's request for a concurrent detachment/annexation of a property located in Inver Grove Heights, the City of Inver Grove Heights requests similar action by the City of Eagan upon another detachment/annexation of property in Eagan. The City of Eagan requested that a sliver of land be detached from the City of Inver Grove Heights and annexed to the City of Eagan. This property lies along the west side of State Highway #3, south of County Road #30. In exchange for its approval, the City of Inver Grove Heights requests that the City of Eagan approve detachment of a second parcel from Eagan and allow its annexation to the City of Inver Grove Heights. The second parcel is a sliver of land located along the east side of State Highway #3, north of County Road #30. Thus, the cities of Eagan and Inver Grove Heights would essentially be trading similar properties. The Inver Grove Heights City Council passed a motion on October 26th approving this land trade. It is anticipated that their approval will be formalized with a resolution on November 9, 1992. As you stated in your previous correspondence, such detachment/ annexations offer several advantages to the land's development since it would not require joint documents between the cities, would not establish separate tax parcels, would not require lot combination agreements, would not require separate platting approvals, and would prevent likely tax forfeiture. There is also the advantage that the municipal boundary would be easily defined along an established highway. 'An Equal OpportunitylAffirmative Action Employer" I Jim Sturm City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 I appreciate your cooperation and efforts on this matter. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, CCIITY OF INVER GROVE HEIGHTS Thomas J. Link Director of Development and Protective Services TJL:mh I 3 Agenda Information Memo November 17, 1992 City Council Meeting SIDEYARD POOL SETBACK/CHATTERTON PONDS C. Variance, Gene Studt, of 5' to the Required 5' Sideyard Pool Setback on Lot 10, Block 1, Chatterton Ponds, Located in the Southwest Quarter of Section 22--An application has . been received from Gene Studt for a 5 foot variance to the required 5 foot pool setback for his property on Lot 10, Block 1, Chatterton Ponds. For additional information with respect to this variance and the conditions leading up to it, please rig to the Co unity Development Department staff report which is enclosed on pages.4 through for your review. As noted in the report, the parties involved have negotiated a mutual acceptable easement agreement and they are aware that the easement on Mr. Studt's property and that adjacent to the variance will have to be vacated and replaced. A separate action to set the public hearing will come before the Council at a later date. Since the variance will place the property out of compliance with the City's easement requirements, consideration of approval of this variance should be conditional upon the vacation and replacement of the subject easements. It is also the recommendation of Director of Finance VanOverbeke that approval of this variance should also be conditional upon an agreement by Mr. Studt that no actions will be brought against the City in the future regarding the location of the pool. Enclosed on pages )through\ is a copy of a notice of claim and response from the City's insurance adjuster which was previously received regarding the placement of this pool. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Gene Studt of 5 feet to the required 5 foot sideyard pool setback on Lot 10, Block 1, Chatterton Ponds as presented and contingent upon the vacation and replacement of drainage and utility easements on Lot 10, Block 1 and Lot 9, Block 1 of Chatterton Ponds and contingent upon an agreement by Mr. Studt that no future action will be brought against the City due to the location of the pool. 3'b , SUBJECT: VARIANCE . APPLICANT: GENE STUDT LOCATION: SW 1/4 OF SECTION 22 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: OCTOBER 8, 1992 DATE OF REPORT: SEPTEMBER 24, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a side yard setback variance of 5 feet from the City-code-required 5 foot pool setback on Lot 10, Block 1, Chatterton Ponds. COMMENTS: This Variance is necessary to alleviate an encroachment problem with an existing in-ground pool located at 1363 Chatterton Road. According to the applicant, the pool was constructed in 1988. The fact that it encroaches on the neighboring property was not recognized until the summer of 1991 when Lot 9, Block 1, Chatterton Ponds was - developed. In addition, Mr. Studt states that after exhausting all insurance liability avenues, he and the affected neighbor have negotiated an easement agreement satisfactory to both parties. Structures of any kind are not allowed in City easements. The concrete walkway around the west end of the pool extends across the 5 foot drainage and utility easement of Lot 10,Block 1, Chatterton Ponds and into the 5 foot drainage and utility easement on Lot 9, Block 1, Chatterton Ponds. Both easements must be vacated and replaced per City requirements. If approved, this Variance shall be subject to the following: . 1. All affected easements shall be vacated and replaced to City requirements. • 2. The variance shall be subject to all applicable City codes. 'r MOST rr 4 11/;- f- '-r_ 7 (0110 t +. •E r NI SAO j��+t` strew maw i 4,, PARK 0. .) • v tC. „yam,SW NTH - .k , C„. .ti S /9 1 ;1.:�: • A prni..---. 1 - Ar ' ,J. 0 • t,...., 1 1 22 V Fp- 66*.v. : •FLIT Rao OT •--.7-_-.- W iw . K i .NM _ Cl MR Si n YcY)F ..rbn,II e%-Meg air JVRVCI batty R earliest.Ptce. . al;._, •« , 8713 DUPONT AVENUE SOUTH •LOOMINOTON,MINN. SS420 ( 15 888.2084 f / Cfly LAND SURVEYORS ite k V y' \i` N Survey for: • MARNIE DEVELOPMENT DESCRIPTION: • tl y. Lot 10, Block 1, �1soo! CHATTERTON PONDS .c • ‘t, .. tc� ,,N. se •,•` 4. �`� .‘4" e w �''�togo� ■ ': ,� ..., \ -":::b .. . 41, 0,J ##te 0 i4 P % 141 ► ti � � �� ti% Ihn\- t S\ p9 ,` %o `I\irik \s- 0 1 .0 ,,,;14 .,_, 011-18% „..41'.wil ),--, vo ,:, of 1 c 's' v_vU`y o �� 1 c . 0 >ri�`�` LOT ��r � ' � '� ' �� / j, _,� 0 — j� ca , P .1 � f ►+ p Oi o�o' ' ua � '•' �. f r � �sZ3tl ?1�■ irvy. I- • N I D AREA OF DETAIL re . ..,-r 05- A . cC C14 O�' We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon and all visible encroachments, if any, from or on said •nd. Dated this 2nd day t of February 19 87 / Aby -...,,-7 , Minne-.•ta Registration No. 9018 245-57 �rJ JOHN J. WATERS \ ,� ATTORNEY AT LAW (� SUITE 107 �1, 8120 PENN AVENUE SOUTH ` ` MINNEAPOLIS.MINNESOTA 55431 \U► ■J 612-884-5231 ^ FAX 612-884-5232 �F L A November 26, 1991. CERTIFIED MAIL RETURN RECEIPT REQUESTED f Co City Clerk City 6f Eagan r5 3830 Pilot Knob Road A Eagan, MN. 55122 c .=`' Re: Mr. and Mrs. Gene Studt. ' ; •� � eS 1363 Chatterton Road. Dear Clerk : r € I represent Mr . and Mrs. Gene Studt who live at 1363 1 Chatterton Road in the City of Eagan. Notice is hereby given (, on behalf of Mr . and Mrs. Studt to the City and to the C./ Inspector whose initials are identified on the enclosed copies from your permit file that my clients have a claim against the City end its Inspector for negligent inspection of the installation of a swimming pool on my clients' property. The pool is located in such a way that it encroaches upon the adjacent lot which is legally described as Lot 9, Block 1, Chatterton Ponds. While the pool was installed in 1988, the encroachment was not discovered until the summer of 1991 when the adjacent lot was being prepared for the construction of a home. They estimate that the cost of correcting the improper installation is approximately $4,000 .00 and the cost of installing the pool in the proper location is likely to exceed $14,000.00. If you have any further questions with regard to this claim, please feel free to call me. Sincerely, John . Water JJW:mrm encls. cc: Mr . and Mrs. Gene Studt 5U /J .- FIFA; r L .811. Tht4. 4 gi. 5 act. i R' g i , . w I N , ............................. .1t, i • J R. • n ` 1 - " • t. 4 t. �q -I b n t I C - - ) a . -V• • • .� • • ' CITY OF EAGAN • w ,7 }•• _ 3830 Pilot Knob Road, P.O. Box 21.199, Eagan, MN 88121 ..1 ' r ■• PHONE;454.8100 BUILDING PERMIT Receipt* . . . - I O To be used for $VINNING POOL Est.Value $12,Ouo Date APRIL 4 • • ,1988 Site Address 1 307 CRATTERTON RD OFFICE USE ONLY Lot JO Block Sec✓8ub. C1IATTF.1tTGN POND$ On(Ike Sewage Occupancy , MWCC System Zoning Parcel No. . on site Weil (Actual)Can't . is Name Gen BTttDT City Water (Allowable) . • • 3 Address 1 363 CIIATTERTON R1 PRV Required S of Stades • City &AN Phone 432—oi5u Booster Pump Length Depth EAGAN POOL i SPA I Name S.F.Total Address` 51U ;I LVF.K BF.L t. RD 42U Footprint S.F. City trAC`Ah Phone t;:-:/._C,!I3O ; APPROVALS FEES s -• Engr./Aaseaa. Permit Z 71•t_(? ow Name C•(KJ Address. Planner Surcharge ;' W City Phone Council Plan Review 81•OU, i Bldg.Oft. MCI City •. • I hereby acknowledge that I have read this application and state that the Variance SAC.MWCC • Information is correct and agree to comply with all applicable State of Water Conn, t Minnesota statutes and City of Eagan Ordinances., t Signature of Permi(tee j •, Water Meter Road Unit A Building Pernik Is issued to: F`'uU't'j root. &SbP A • treatment Pt on the express condition that all Work thrill be done in accordance with allpp!!• 1• + • applicable State of Minnesota Statutes and City of Eagan Ordinances. Building Official TOTAL •01,./ . (.. 3-1 . . • • •.. .. _ • . .: GAB Business Services Inc • 9531 West 78th Street Suite 320 Eden Prairie Minnesota 55344 Telephone 612-942-9818 FAX 612-943-2383 Claims Control Branch February 6, 1992 John J. Waters Attorney at Law . Suite 107 8120 Penn Ave. South Minneapolis, MN 55431 GAB FILE NO: 56509-02747 GABTRUST MEMBER/INSURED: City of Eagan CLAIMANT: Studt, Gene D/L: 4-4-88 Dear John: GAB handles claims for the League of Minnesota Cities Insurance Trust, and Trust Member, the City of Eagan. This correspondence is a follow-up to our telephone conversation of 1-31-92 concerning the above captioned claim where your client is alleging negligent inspection of the installation of his swimming pool. Our investigation reveals that the City is not liable for your client's damages. The City does not owe any duty in regards to the inspection and location of your clients swimming.pool. Therefore, I will not make any payment on this claim. Again, I must respectfully deny your claim. Sincerely, Darin Richardson Adjuster cc: Gene Studt 1363 Chatterton Rd. Eagan, MN 55122 cc: City of Eagan Attn. Thomas Hedges 3830 Pilot Knob Rd. Eaga i, MN 55122 Agenda Information Memo November 17, 1992 City Council Meeting VARIANCE/BUILDING SIGNAGE/EDINA REALTY D. Variance,Edina Realty,to Allow Building Signage on a Non-Street Side—An application has been received from Edina Realty for a variance to allow building signage on a non- street side of the Edina Realty - Metropolitan Federal Bank Building located at 1250 ° Yankee Doodle Road on Lot 1, Block 1, Town Centre 100 - 10th Addition. For additional information with respect to this variance and the conditions leading up to it,please refer to the Co unity Development Department staff report which is enclosed on pages 14.10 through�r your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Edina Realty to allow building signage on a non-street side of the Edina Realty - Metropolitan Federal Bank Building located at 1250 Yankee Doodle Road. "77 9 SUBJECT: VARIANCE APPLICANT: EDINA REALTY LOCATION: NE 1/4 SECTION 15 EXISTING ZONING: PLANNED DEVELOPMENT/LIMITED BUSINESS (PD/LB) DATE OF PUBLIC HEARING: NOVEMBER 17, 1992 DATE OF REPORT: NOVEMBER 9, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance to allow building signage on a non-street side of the Edina Realty-Metropolitan Federal Bank building located at 1250 Yankee Doodle Road on Lot 1, Block 1, Town Centre 100 10th Addition. BACKGROUND: Staff miscommunicated the allowable building signage to the applicant during the platting/development process. The applicant believed all four sides of the building were allotted signage not to exceed 20% of a given side. COMMENTS: The Eagan Sign Code states, "No more than one business sign for each major street frontage shall be permitted on a building for each business located within such building. And no signs, or combination of signs mounted upon a building shall cover in excess of 20% of the gross area of a side." Staff determined that signage would be allowed on the three street sides of the Edina Realty-Metropolitan Federal Bank building. The applicant is willing to forego signage on the north and south building elevations provided they are allowed signage on the east and west building elevations. Edina Realty and its sign company have found through experience that the east and west building sides need signage to identify the user to the east and west bound traffic on Yankee Doodle Road and Town Centre Drive. The building signage being proposed is for one less building side than allowed and the square footage requested is 17% less than the 20% allowed per side. As shown, each building side will have 125 sq. ft. of signage. If approved, this Variance shall be subject to the following: 1. The signage shall be subject to all applicable Sign Code requirements and a one- time sign fee of $2.50/sq. ft. • PH �- . "pi r ii Ii 'T1Jh fill.ip 'Dii 111 �ti_44.3 n liii f. . 1 . _. ._ ____:. __________ ....„----- I 10VVIII 3and �M.7A I�MRM mfr 17 • Ni I.. ..11 ..t' ''.7 1,. m 1■ 1 cr- . fIliii, ; 1 tl I •• a M n "g' ;*4 iki ; 1 : I 1 -- ra' ..,. 4-..4.,411.; t j ,..,. :1! i • • '• \i...._ , 1 A bi— ,�IIIII ( IIII 6. - ill Ii - ©�11 � I _® R� c . lily _Nr !t • i . li II }' I^ • 1 " 11 1I DI 111 it I iI 'III r t t a • " 9 a - t .,-J • uq% h .. il f " It i 1 i Lk.\ u V = 114 a; 5 1 gi = R i 2 144/D w cc Z 41Ewwwsz- -, 11 0 =an aeFa S� P cg 1 I 61 W ›. < cz U ,, , 1 —.,, .:,.;1.,_:.„:. . — Q I. Iii 013 u CL H © u (— 0 a . 0 Ir -- Ts I I! l Ir e H • U i • ji m 1 Z Z 1.4 1141114 igior4 .41:t pi CO 8. le inli 1.....1 in cn CZ X - ► Immol o w i oc m c N ^ ;I CI O 1-6 _ < i 0 I' Z Z I. < Z ,, i C '^II W 1[Mi a cl . 1 , v lii x ,1 lai , II -1 V 1 w a ,Lk flJ Agenda Information Memo November 17, 1992 City Council Meeting VARIANCE/SETBACK/EVERLASTING HOMES E. Variance,Everlasting Homes,of 10' to the Required 50' Setback on Johnny Cake Ridge Road, Located on Lot 17, Block 1, Mallard Park 2nd Addition--An application has been received from Everlasting Homes for a 10'variance to the required 50' setback for property on Johnny Cake Ridge Road, located on Lot 17, Block 1, Mallard Park 2nd Addition. For additional information with respect to this variance and the conditions leading up to it, pleasereferp the Community Development Department staff report which is enclosed on pages /L/ ough iti4 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Everlasting Homes of 10' to the required 50' setback for property on Johnny Cake Ridge Road located on Lot 17, Block 1, Mallard Park 2nd Addition. 1L3 SUBJECT: VARIANCE APPLICANT: EVERLASTING HOMES, INC. LOCATION: LOT 17, BLOCK 1, MALLARD PARK 2ND EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: OCTOBER 20, 1992 • • DATE OF REPORT: OCTOBER 13, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 10'Variance to the required 50' setback from the public street along Johnny Cake Ridge Road. COMMENTS: Proposed is a single family home with an attached garage which would take access from Woodgate Lane. As proposed,the house meets all other R-1 setbacks and does not encroach into the drainage and utility easement. According to the applicant, they purchased the property thinking the side setback was the same as the front yard setback. The applicant believes the neighbors are better off agreeing to the Variance because a larger and more expensive home would be allowed and would better value the surrounding community. The applicant, Gene Eldeen, is aware of six homes and ten townhomes within a two-block area of his proposed Variance along Johnny Cake Ridge Road which are less than the required 50'setback. Mr. Eldeen has also stated that if the Variance is not approved, there would be financial difficulties due to time delay and re-designing costs. If approved, this Variance shall be subject to: 1. No other setback Variances shall be granted. 2. All applicable City Codes. f1 _ �• Stu . ar 4414 J "' /051 J*.'Y-A--;et• .. ... .;411t 1 It� i 1, a' moot/ #. t a 9 40,0 r. .„ fi---/ (Ct' '() CA lac ' E E . o 1,10 th° G LI 1ia6 )1)1 • 3 a p. E -, A« hIo° 4' IS'4.57 w\ • .‘,•90.i� d • — — fe.90 VI lif, 3 SteS1'1 ,p !�\` 611 \\ ii asi 6 A1GA/.0 % 91 0 Cal • \ 234 • 1�f a:.A ■ � W V N \ .. \ii.C5 \ A : PftopbSEb o f j j+ HOUSE ','� In i„\ N � ro *o ,, 440 . , .. U�g !t. \ A ,N 17 z • • • 1 ...\j‘ ....,.\ ,40.. etv-i. I, (�{ 64944414� Jts AywNEO� ,% (D � •batibiDS IRet.I Moat!*NT A0 5� ` b tr-RIP'f•oU • Q 4 I-el- 1'T. 'Woe-K. 1,• Mik-LARD PlAotk Z Ne Abbrrto1•11 b04lce7a. couNni . A.M141.1E4,01•4 . I hereby certify that this survey was prepared by me or under my direct sUpervision and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Date,C MSa00 LeRo'14c en-�L Registered Land Surveyor No. 10795 /V . Agenda Information Memo November 17, 1992 City Council Meeting SPECIAL USE PERMIT/MARV ANDERSON HOMES/TEMPORARY SIGN F. Special Use Permit, Mary Anderson Homes, Inc., Located at the North End of Meghan Lane in the NE 1/4 of Sec. 30--An application has been received from Mary Anderson Homes,Inc.,requesting a special use permit to allow a temporary free-standing ground sign over 7' in height at the north end of Meghans Addition just south of Diffley Road. For additional information with respect to this item, please refer to the unity Development Department staff report which is enclosed on pages L-lthrough v for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Mary Anderson Homes, Inc., for a temporary free-standing ground sign over 7' of height at the north end of Meghans Addition just south of Diffley Road. ( 4( SUBJECT: SPECIAL USE PERMIT APPLICANT: MARV ANDERSON HOMES, INC. • LOCATION: NE QUARTER SECTION 30 EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: NOVEMBER 17, 1992 - DATE OF REPORT: NOVEMBER 9, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow a temporary free-standing ground sign over 7' in height at the north end of Meghans Addition just south of Diffley Road. COMMENTS: The City Code states any free-standing ground sign which projects more than 7' above ground level is considered a pylon sign which would require a Conditional Use Permit. The applicant is proposing a temporary free-standing 8' x 10' sign advertising the future "Courthomes of Carrolwood" (Meghans Addition). The sign will project over 10' above ground level. If approved, this Special Use Permit shall be subject to the following: I. All applicable Sign Code requirements and a one-time sign fee of $2.50/sq. ft. 2. The sign shall be located at least 10' from all property lines. 3. The sign is temporary and shall be removed one year from date of approval. � ' � �CT � [Id �f � J '.W A r l.7 $cj (.. z,_ JADE LA r•o € t 4 i CEDAR I a ∎J AE5 Ir. CT Isc a 4� tt / . . Rip ,, v � NW c on N 4,� cT q�`��)- NW r PMRA' '- -1 C 1 °'.(- Ard:f•U0. '• , k� �'!, _ /` 1 r}s ,_•- ( Ltel ii--- it : a S -- ,"'■ rit-:;C-1111 i...,a4111■ 110)„.400.. 0 Litho 0:;10 - % • "i.ez y4 Si" # . 41 -_v grik4lk te A NU l. 4v II t w%cc, l � I I I I —.:-..11. gip N L. 1 ; r.7 le '■ ^ � • it p *; MI iJLC74...'E c 1 Ni:-G.:.5 JO . �• ,1, CARROL WOOD-SIGNAGE-LOCATION • ...... COURT 11 I / HOMES 11 of Carrolwood T. x$59 99O •..,..„ „_.,, _. • - • • - - ..„ :. .cress on Nicols Rd. I I 8'x 10' /L(I2 Agenda Information Memo November 17, 1992 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT TOWN CENTRE 70 - 13TH ADDITION G. Preliminary Plat,Town Centre 70- 13th Addition/McDonald's Corporation,Consisting of One Approximately .84 Acre Lot and an Outlot, and a Conditional Use Permit,to Allow a Class II Restaurant in a Community Shopping Center District Located Along the West Side of Town Centre Drive in the NW 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 for one approximately .84 acre lot for a McDonald's Restaurant and a conditional use permit to allow a class II restaurant in a community shopping center district in the Town Centre 70- 13th Addition. For additional information with respect to this item, please ref r to the ommunity Development Department staff report w 'ch is enclosed on pages Le:through for your review. Also enclosed on pages G through l it is a copy of the APC mmut s relative to this item. The APC is recommending approval of both applications on a four to three vote. Also enclosed on pages (72...through/73is a supplemental memorandum from the Community Development Department covering a revised plan for this project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for McDonald's Corporation consisting of one approximately .84 acre lot and an outlot and a conditional use permit to allow a class two restaurant in a community shopping center district in Town Centre 70 - 13th Addition as presented. /L( SUBJECT: PRELIMINARY PLAT,CONDITIONAL USE PERMIT TOWN CENTRE 70 13TH ADDITION APPLICANT: MCDONALD'S CORPORATION LOCATION: NW 1/4 SECTION 15 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 27, 1992 DATE OF REPORT: OCTOBER 19, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat of one approximate .84 acre lot and one Outlot and a Conditional Use Permit to allow a Class II restaurant in a CSC (Community Shopping Center) district along the west side of Town Centre Drive in the NW 1/4 of Section 15. ENVIRONMENTAL CONCERNS: The Environmental Assessment Worksheet (EAW) prepared for the Town Centre 70th Addition (June 1986) analyzed approximately 530,000 sq.ft. of miscellaneous retail commercial/other commercial uses. Approximately 332,066 sq. ft. have been built to date. The proposed 2,000 sq. ft. Class II restaurant brings the total built and proposed square footage for Town Centre 70 to 347,666 sq. ft. As such, the proposed development is within the allotted square footage analyzed in the E.A.W. Indirect Source Permit #86-11 (September 1988) for Town Centre 70 allows 3,485 parking spaces. Approximately 2,146 parking spaces have been developed to date. There have been 82 spaces approved with Town Centre 70 14th Addition and this proposal contains 36, for a total of 2,264 spaces. As such, the proposed number of parking spaces is within the allowed limit of the ISP. EXISTING CONDITIONS: The proposed Town Centre 70 13th Addition is located west of Town Centre Drive, north of Town Centre 70 10th Addition Mermaid Car Wash, east of I-35E, and south of a vacant unplatted parcel. The zoning surrounding the proposed plat is CSC and the Comprehensive Land Use Guide Plan designates this area as CSC which is consistent with that plan. SITE PLAN: The site plan shows a 3,526 sq. ft. McDonald's restaurant on a 36,538 (.84 acre) lot. McDonald's has four types (sizes) of buildings. This is one of their smaller restaurants,seating 75. The single story,brick building has a drive-thru located on the south side. A drive-thru is planned for this location implementing a face-to-face concept where patrons give their menu selections directly to an employee and not at a menu board. Fred S° Reynolds, McDonald's Corporation, represented to staff they anticipate approximately 55- 58% of the business at this site will come from the drive-thru. Thirty-six parking spaces have been provided; all are 10'x 20'with the exception of the two handicap spaces which are 8' x 20'. The number and size of parking spaces meets City requirements. As proposed, the detached trash enclosure located in the NW corner of the site is not consistent with established City standards whereby the trash/recycling enclosure is located within the building or attached to the building and made of the same building materials. The pylon sign location is in conformance with the Town Centre Pylon Sign Agreement and will not exceed 125 sq. ft. or 27' in height. Four directional signs indicating entrances and exits are located on each side of the two access points. Building signage is shown on the facia (displaying "McDonald's") on the east side of the building and window logos with the golden arches and the word"McDonald's"on the north and south side. No building signage is proposed for the west side of the building facing I-35E. The site is served by two access points along Town Centre Drive and the parking wraps around the building. It is the intention of the applicant for the site to function with one-way y The entrance for the site would be the 24'wide north access point and exiting would occur from the south 34'access point. The drive aisle on the west and south sides range from 18'- 23 respectively, and do not meet the City's standard of 24'. The applicant was made aware of the City's requirement at the development review committee meeting and chose not to submit revised plans showing the drive aisle in conformance. The landscaping plan does not show any landscaping along the south property line. Staff is recommending evergreens be placed alternately between the deciduous trees on the south property line. The north property line is also lacking adequate landscaping and shall be required to provide landscaping. The final landscaping plan shall be submitted on a grading plan showing the continuous berming along I-35E. This plat was submitted for review by the City's Traffic Consultants, Short, Elliott, Hendrickson. The following pages describe their review. l5/ MEMORANDUM AnarArrseri ENGINEERS l ARCHITECTS•PLANNERS 3535 VADNAIS CENTER DRIVE ST PAUL,MINNESOTA 55110 612 490.2000 TO: Mr. Jim Sturm,City of Eagan FROM: Cindy Gray, AICP,Transportation Planner DATE: October 19, 1992 RE: Eagan,Minnesota McDonalds Town Center Drive SEH File No. 89040 As you requested,we have reviewed the proposed site plan for the McDonalds fast food restaurant along Town Center Drive in Eagan. The purpose of our review is to identify any transportation concerns related to on-site circulation, drive-thru design,parking, direct access, and driveway location and design.The concerns are listed below. Drive-thru Design • Regardless of where the customers park on the site,they must walk between vehicles parked in the drive-thru lane to get to a building entrance.This is not a desirable situation,especially in a restaurant where many of the customers are families with small children.Also,patrons using the handicap parking spaces will need to walk between the queued vehicles in the drive-thru during peak times. • During the peak hours of the restaurant,it would not be unusual to see four to six cars queued behind the vehicle parked at the menu board.The vehicles at the end of the line will end up waiting in the entry driveway itself.This will leave only approximately 12 feet available for other drivers to pull into the site enroute to the parking area. If drivers choose to use the drive-thru lane regardless of the fact that it is queued as far as the driveway,they may choose to wait in the street or partially in the driveway.This could block the flow of traffic on Town Center Drive. • The fourth vehicle stacked behind the menu board will block access to and from the handicap parking spaces. Parking • The paved area behind the McDonalds building is approximately 48 feet.Ten to 12 feet of this space will be frequently be occupied by drivers at the menu board.This leaves approximately 36 to 38 feet available for the parking spaces and drive aisle. In order to function smoothly,this area generally needs to be approximately 42 to 45 feet wide, comprised of 20-foot parking spaces and a 22- to 25-foot drive aisle. Larger vehicles,such as vans and longer automobiles and pickups,will not be able to pull into or back out of the spaces along the rear of the site when there is a vehicle at the menu board. When the drive-thru is not being used,the employees inside the building may frequently be signaled that there is someone sitting at the SHORT ELLIOTT ST PAUL, /+ CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN Mr.Jim SEurm October 19, 1992 Page 2 menu board because drivers pulling out of these parking spaces will drive over the detector loop at the menu board. • It will be somewhat difficult for vehicles parked along the north side of the site to see behind them when pulling out of their parking spaces due to the angle of the parking row. Access • Drivers frequently disregard on-site signage regarding one-way driveways.This is cause for concern at the north driveway where vehicles stacked behind the menu board could easily extend out to the driveway throat.Under these circumstances, a driver exiting the site at this location would be forced into using the north (inbound)side of the driveway.This could temporarily block vehicles on Town Center Drive from entering the site. • Over half of the radius for the north driveway extends beyond the property line. This seems inappropriate as it will have impact on the adjacent site. • Optimally the southerly driveway should be placed a greater distance from the driveway to the Mermaid Car Wash (such as 50 feet).This would help avoid confusion. Drivers exiting the site may have a difficult time anticipating the movements of vehicles in the Mermaid Car Wash driveway. Furthermore,drivers exiting the site will have difficulty anticipating whether or not cars signalling a turn are planning to enter the McDonalds driveway or the Mermaid Car Wash driveway. Truck Circulation • If semi-truck deliveries occur during restaurant hours when the parking spaces and the drive-thru are occupied,it will be extremely difficult for the truck to maneuver around the site.The truck would either need to back into or out of the site rather than ciruclating around the building.Also,truck deliveries made during restaurant hours would block access to and from parking spaces. CRG:11c C �� GRADING/DRAINAGE/EROSION CONTROL: The existing terrain of the site is fairly flat with no trees. A limited amount of grading will be needed to prepare this site for development. The preliminary grading plan shows construction of a berm along the westerly property line to provide a buffer to Interstate 35E. The maximum cuts on this site are 2', and the maximum fills are 3'. The preliminary drainage plan shows extending a public storm sewer system that has been stubbed from the Mermaid Carwash site through this development. The storm sewer will also be extended into the proposed parking lot to drain this site. This development shall provide a storm sewer stub to the north property line to serve the future development on Outlot A of Town Centre 70 13th Addition. The drainage of the proposed parking lot shall slope to the proposed concrete curb and gutter and then to the proposed storm sewer. The drainage to the concrete curb and gutter will eliminate bituminous swales in the proposed parking lot. The storm sewer system that will drain this site eventually drains to Pond JP-66 which is a pond on the City's Comprehensive Storm Water Management Plan. Pond JP-66 is a sedimentation basin located in the northwest corner of Denmark Avenue and Duckwood Drive. 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 J and will generate runoff that will discharge to Pond JP-66, a small sediment basin northwest of the intersection of Duckwood and Denmark Avenues. JP-66 in turn discharges to Fish Lake, a Class I direct contact recreation lake. Because the site is too small to accommodate an on-site detention pond and there are other opportunities down-drainage to treat the water before it reaches Fish Lake, a water quality cash dedication in lieu of on-site ponding will be recommended. The amount of the cash dedication is estimated at approximately $8,100 and will cover only the .84 acres of Lot 1, Block 1. Water quality requirements for Outlot A will be established when that parcel is platted for development at a future date. There are no wetlands protection issues associated with this development. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission at its November meeting. UTILITIES: Sanitary sewer with sufficient depth and capacity is readily available to serve this site from Town Centre Drive. The preliminary utility plan shows constructing a 6" sewer service line out to the existing 8" line in Town Centre Drive. The sewer connection will require the removal and replacement of Town Centre Drive. The 6" service line shall enter the manhole in Town Centre Drive at the bottom of the manhole, or the developer shall provide an outside drop for the 6" line to connect to the new manhole. Water main of sufficient pressure and capacity is readily available to serve this site from an existing 8" water main in Town Centre Drive. The water main layout for this site shall provide for a 4" or 6" DIP water line rather than a 2" copper line as shown on the lV preliminary utility plan. The 4"or 6"water line shall connect to the existing hydrant located along the west edge of Town Centre Drive or to the existing 8"water main in Town Centre Drive. An existing hydrant located in the center of the site on the west side of Town Centre Drive shall provide adequate fire protection to this development. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from Town Centre Drive which runs along the east property line of this site. The preliminary site plans shows two driveway accesses to be constructed out onto Town Centre Drive. The centerline of the south driveway access will be located 80' north of the existing driveway opening that serves the Mermaid Car Wash development to the south and the WalMart development to the east. The north driveway access to this development will be 110'south of the existing driveway opening that serves the Town Centre shopping center and Dougherty's restaurant. As shown on the preliminary site plan, the development shall provide concrete aprons for the driveway openings onto Town Centre Drive. The proposed parking lot shall be constructed with concrete curb and gutter and bituminous surfacing. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development will be responsible for dedicating a drainage and utility easement over the proposed storm sewer that will be constructed in the boulevard of Town Centre Drive. Also, this development shall vacate an existing drainage and utility easement that crosses through this site prior to final plat approval. The developer will be responsible for ensuring that all regulatory agency permits (MPCA, • MWCC, MN Dept. of Health, etc., are acquired prior to final plat approval. 515-***--- FINANCIAL OBLIGATION - Town Centre 70 13th Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None The parcel proposed for platting into Town Centre 70th Addition has levied assessments totaling $21,320.01 outstanding. The outstanding assessments will be pro-rated to the succeeding parcels using an area basis. • CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR TOWN CENTRE 70 13TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, B2, Cl, C2, C4, C5, D1, El, Fl, G1, and H1 2. The site shall be irrigated. 3. All rooftop mechanical equipment shall be screened from view at each property line. 4. The trash/recycling containers shall be located within the building or in an enclosure large enough to accommodate recycling bins attached to the building made of the identical building material. 5. All signage shall be subject to Sign Code requirements and a one-time fee of$2.50 per square foot. 6. The landscape plan shall be submitted on the approved grading plan. 7. Continuous berming is required along I-35E. 8. Additional overstory trees and shrub planting materials shall be provided along the north and south property lines and shall be approved by the City Planner. 9. Brick building material shall be required on all sides of the building and shall remain unpainted and left in a natural state. 10. A minimum drive aisle width of 24' shall be maintained. 11. The developer shall add a storm sewer stub to serve the future development to the north of Outlot A of Town Centre 70 13th Addition. 12. 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. 13. This development will be responsible for constructing a concrete apron and valley gutter at the driveway openings to Town Centre Drive. STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obliaations 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. Zasements 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 utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. parks and Trails Dedication 1 . This development -shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Ouality Dedication I . 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 / t t'-1--,•0---�_z_1)_.I�� Ii+ _r: _ .4 i/I' // -/ ,-•!.-.1 j •7".f.:4:-: , . —r - �I43 ^ F� y '{ -i-----111 i +� -J--'Y�yF- �4i -�'1` i T ="�--�a!'!'---_ l- jam=` .� _ : ==e-=- ac .ip..Ala * -.. 1f Y,44. • �.� ::j II I' It / /..: f;. 'Si, / 4 II � ,r r t `I • 1, 4 �y �� / r/ , �,ti - /� ��..77 �1 r -_ ,• Y 1, i f 1 I` � /%� • ‘.•.rte f."" / • � ' :,.;:.7•-;-...;.;.'. s�„ , • j /, ` I / e' i/ ,ii r > r �Jjj----_! i , I' r I. * - _ -,- --tti) i:11 a i _r, 9/ I1 1 \10 r �// V/ r• �% /,.v r •PS (DC 1 1' S , , ii /i / /!' 19; .7. . • ref 111 to:1 1f”-, f';4 /, ti \_,l - - s AM -ft .I. I, ��1111� ii' /.' ' „ii/ '� • • 'i 0 �• 1 • 1 'I►,�r �.' r / �, �' .I � CIF at. I I P'...%„;.• ,, i� b 4 ` 1 sw.. �; �, �.,y,. h /� / , t J _ rAttt Ito:• M A F 11 . . /9:' , .', '‘2.'' "■1/4 0 1 1 -P( t'� iilt;tf i _-----;--- --=----- ---------_-- ... ''J; / 9' _p ./' I 1 Z • / , /r ,, �1,/ , •..* '1 ! 'l ' A il 1 �' �`i N it! r I y ?0 r 11/1/ P. , j'. TODIN CENTRE TO ELEYENTW ADD TI®N a r_ 1 • 1 ;; 11 1 R ► ; WalMart • 11 II 6 i c • • . . ,.. 1 . ii.1 yr . f' a I�..L a --+r,,��! ' 11 ��� ��., __.. CQ6� \ 1 E„/ iii• ■Ii I. I _ ,� 1�f? l/!;o .. .NI�Ir1t. rir'-• '' '�� 1 ,t! �r 4 r1• 1 . i h ' i _Y I r P..- '-='L�l I —' .Ji1iw �' '- — .,. •. .sh h !i f I i ..• C i1 r r /:'.. tr�1 �1,r1 Sn1�,1 47 S :Ar•; 4 OH II T. ( (42 I() ►t 4.,,i.r'c .r� txrrrt,ll fn ,I`- DAKOTA COUNTY SURVEY AND LAND I 2 . s R • _z $ ii I.:': _ E 3 1_ s s€: s▪i VII 7 i F i to �+( 2+ • 2• • •I € 1 ti s iii $ iii €* 8 's a f F R: S . f 41 o ` [ a_ ; = _ = Si k it` I t 2.=i: I Re, Qt :`€= �i` ss a l - 2 _ e = asaae 4€i .-•: €$r = 3 € $ i:.: :r:a I viiii i`•sa;a '111 i a :aae1$ N rn c+l a 1 ,--r; 2 • + o I 3 • '': : i ( ) . C...7 I S a €' r cs� e' r i � � ?1 i5'i. • LA f6 g• g L-= + U lig 4,0 IV i• , / y\ _ 2 LV 0 4 Co E \ \F:. \ 111 T•T ;�e V �, •I off= arc :':,, : \ z O'` 'FF,z ��I 0,�r, `�I 4 fit\ \ f \ �I0) ■ `._,`/P • '~ .,may. � 1 o III �„•4. •2 - ti9/4, ".-z>'•. N 'mot . / N. \ +_ \ i III f� ;Y�� `: I E r 'e / 6 ( 444+4442 4.44 i ....�� •.. a Y o �p 1�m•14.4 s o.+w•s s..a4..o.ma aawm. . t a.a.e.401-0,7 s...or s•■.tw•ao■s w s■. •. Rift `/ `/_ a y *a 44444.•t 4.4.4.4 VIOLS..,, .tl..Y.M..w V 33 W i ' 9'i j' ; • g 'i.'' ii i •i I• di :i • 1111111 iI ! iiiiii! 2 N g C4 .fit ; I ! si iI - If j !I t1 i I 'i ! _ii 1i;i p • 3 i' 1e! ' II 11 i t •3 t_i ! i Pi/ W i lit' i! 11 1 's 1 s Ji ' iii- =z ! j;' i �. 1111 IIi — li jl I 1 1111' s- Iffi i I ; if jl �; 11111! i !€ ti! • IL t Ii 11 Ileac it sl ill li i1 Ail W ii ! I lit dillq-ii . i la utiul I. Z 0 [ F. j 1 it i Ii 'i i ` gg a � oc 1 i I , . ..... *k—..- 3:=.- .t isi § C2 �` ` 1� � `4". b III ill 2 I Pli S►`�,# \ ' 1 .... iiV, '.. jitreo l .., t ,:-. ,....:' \ I 6 , •a ` \ \ f 5 • i 11 R. // ,I., )1.._ § • tit i . .....- -.4-- 8 1 si, , ... ; .../.---.- . , . . • 10 I • ` !- / „� i as lel! .,- : 21 . NgSk:k / ' 3�(�' 11 ` sit fir. / .f1IftI1h! ijIii # t I f iii i - t Oa 0 `i ce► ®1• rl J 1 (03 . 1 s v p s1 r p Iv CSJ I Poky; 1 DA 11 1 111,11 III :g• g CI III� � $2 f � W II 3 b id gig 6t i R g at - i' U 4 it II 111;1 i lx X tKg1i If; p p 1 I Ise • •,�• /1., 111 s • • i • • • • F s NC a I CC IV a. pit f ! 0 • ® ! r i;o.1 ! � I V d ■ k a t ! O l # is '` ! 1 _ O . Sy, 4!II 4id,,�'*% �-.......ba ----- Nc.......,f IDOL %II l. . : -- -. �t1 :8 '• • -e' \ice\ 0 •,,,,," 41114;:f: .../ --:::: -,I; .... 91' ,,''' At ' 7 I/ 4PA4t444:'-'-- ','., ,,,,,.. , N lag 11F •r / \ `t' ` a I ,\ {I� ` , / , r , as.$ f o _! R 'ice \ j R ir " Ili • , ii . di la , ".••••■•a i / $ • Al l o PI ;1F�a.. Y :/ w / J \ \ I • t O�{i+ `• 3111: 1 II ii • }y ``�`. i, as • • ■ • 1co 4 wa S [1G■■ l;0. nKGi ., ..."..-17715 -- f7 Sala MULL j t6/L/0,]n Y10S3NMIY 'NV)3 � ...p ,,,,, , —ruq' 1 SWs' 3f1r%laf�• sau mr] 3Naa 3aiN30 NMOL --- sill**M 3? .7L711. I I ` ry \[ /sleluaWn1Bi..�,.....,...,,�.— 5 1 pi e VTo c ✓ki sn311 31.a Oh E B. 0 F. z 0 i I- ... .4 1 r�—Cnu,1,1 , — —r 1 lU w 1 � o 1 • an 1 o _ _ I- I 4 fI w w CI6 I Z a 0 Z I u_ v• i- x. I u1 f - a • i- Z III z E ai° u a` v0 f- u>0 W I- P Lap aL L 0 al(.1- `Q 3 �W �, � , _ � , w • 0u. 3 u -� 6- m3 a- J III ILI 9 p . U) 1 Jf os ii: N 1 6 III 1 i II ill 0 t .. 1 1 1 0:i :I E~CV CV l ra4� i git g Q , Iii " 1 IPIII 14-- ---114. ..-til I I �''it ; 1 + h ii ' iqtiIt t 11111� Lit:I ill ii III I UI I t Tl iimIiillitiiIiii G .�� EEC a. S Q V t co s E li ts ha i 11 Z ■ HT 0 ■ igii fa 111 0 1 / i '/ 1'1 I ' ill 2. Ili li.,. .,.... . .,..,,, � � R i d iii. 6 _� .. A Oc\ vv i s � , , . _ Ili!: . , ', G w x Se v gc .• SITE e i .111•41. i318:1; : s. .._28.35.4, DP-4 '!' . DP-26 876.Q 48" e 76.Q C-h ! 878.5 • “I _ • ■ -,. . 48 :-. •t,,,•?..,-w. i D7P l• ,__ , ,,,, tr„,,fAtms : , • re-° - 'crlr-Y-: .6 11 i'4(&I''' .1 ' . ''f 1 '. '-J i !ill DP-20 .,R7t,f. • c-g . - . . . 901.0 •,‘ . il.,.„. ." "411c.' i 11.D'.• - '' ., ,iu• 1 - • • ••,- , 904 2 '1 ! .1 • , •!:;I..' 17.--'-t, , r 00423. ' 4-- - - --r-- --Y ,•1 ; .:, - - • ------1- ir ..-, 1 : .." 7"E ! • 893.0 t.,ly i 0 , ,:-. F2 j 8976,), : 0 ' r 4, ‘ Tjt il• N 't..: ■.'1,■• : :-i 7 4, • ., k r-” •e i ..! - • , - - ,-...'0 , '1,/ ./ • . .-.7. I; I/ I ' . ; :, r, :,.: i OP:. 2 .-- i )1 "--.:;": •'"'-tk . f,' . ,..; ' ' JP-66 ..89 .0 t i-..s. , i .,•.: ,,'.. . , - -if ,.. I - - 1 ' 871 n 9 1 .) , . .... .... , 1. _ r- i ' - -• :. • 880.0,.., ‘,.i.. ..11i7c-,7117 sit* ■ r ,,, ; i i; f , , •. . E..,!:=P T'n 1 j..a. "----• 1! 1 1 A Ati 1 , ', I ' '-- i t I :'.; :: C:18. -- - . -,--A-' -.1--_,!.-1.. -_-,-- ---77i 7-I jp; -., , • . , ;;„1. ,i,.: ? „T.: glrge-N.,. ti ''c://' / / 844.Q it -,' JP-67.I .4.- ,1 t ., rAP ! Ye $.7 :1'0.893.0 • ' ''it 4 / 846.5 J, - • 876.0 'LIP'S r "c" i..;.. xf. \ ots JP-2 ' ,. Z ' . ;',!--• 88/.0 , I 13/1.0 './ lit ,:-•• li 1$ t1151■91‘ : 1_. eeao. 4 i ! It i ' ., ! '7, : , ' 'jf,..4471,.■...,V . 89 r.0 /c4• • `':.-: :JP-r5 ' .- ;IL% :- r'f :,` 900.0 • -: .-- ' ,• 844.0 ''-- 824.;)\ I'l i' ' ' ' ' )1 .. '.' '1 2 . . •. ,- . .e,;.• 846.5, t .... . , , _ 1 . , - 4s8 6 * L .- I' 1 j ,wy ' ' - , I" 12. I. i -1.1 -!--..4.. ; !,* J P 4 . ' t.,.!ky, • ; • r, :.* ] .844.0 'N.' - • ..1•,\.-i'l7 JP-1 I .Q f: ,` 846.5 .t "'-, ' "b■• , : ., 8 I 5.7 fr3.1 830.0 . •1 = .,, d ; 4., v. . ,-1 • : - - t s-i ..-1 4ri -.- ; _. _ •- 4P- 4 1 - % ; . .-- - --- S a9o. , . ,..... ' "..' I J-6.,+-. Illpt ----"T r'ef95.," , • -' tt ;' 834.0 :• I . . .: . . el, , - ---,- 7 -■ ; ;. ■ ■ . ••• 1 48 -h---- ; /, , v f.4 1 -. ., . . ,• , ,1 4--i -4 - .- , 1 ' ' ' I , ', ,H. . ,... • • ' i'V -j.‘ JP-10 :41' , LIP-29 • .i., .-., . , 820.8 1 ' :. i.r'• • r 809.7 - - '- • , - '. 830.0 • 8/8.0 ! • . : . i 'idro,..„ -- • -..r, J-f '..,... • , . . • - j p 6 ipt s. , i ...; . . #.411,,, - .. 8 18.9 .:V • BP-28 i. ''_ '. e3cto .. .JP-49 -- -- 66669 i ;_jp35.1 'I 4 ", :JP-36 _ ;: -: . 18.7- eo•VO Ii II FIGURE No. 17 , STORM SEWER . LAYOUT . LEGEND • 11, 111 90110910/9EAS • 1c> • Ml AD ....emus tame* 010119 91911119 breporell vow urt IffA1109999/90 11 11101911.91 1/01901110/6999•4 0 •1009/11011011/911 ■• 40-•.9.940 CITY OF MAN SIMON Immo 09/999. POMO 01010A1.IVATIR LE919.. . . . • • . 900 0 !ONO MOH WAVER LIM • 900.0 EAGAN 0101111LAND ONA111119190919 = • • . Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 TOWN CENTRE 70 13TH ADDITION MCDONALD'S CORPORATION Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of one approximately .84 acre lot and an Outlot and a Conditional Use Permit to allow a Class II restaurant in a Community Shopping Center district located along the west side of Town Centre Drive in the NW 1/4 of Section 15. City Planner Sturm related the background of this application. He stated that the major concern of City staff regards the on-site and off-site traffic circulation. He mentioned that Short, Elliott & Hendrickson, Inc. reviewed the proposed site for traffic concerns and prepared a memo listing these concerns. Martin Colon, a partner in Federal Land Company, stated that he was pleased that McDonalds had selected this site. He mentioned that the site plan has already been redesigned 3 or 4 times and that this proposal meets all City Code requirements. Fred Reynolds, Project Manager for McDonalds, stated that the proposed building will be constructed of brick and stucco. They are proposing a face-to-face drive-thru concept whereby there will be three booths which will eliminate the speaker and menu board. This helps the traffic flow move more quickly (approximately 132 cars per hour) . He felt that stacking should not be a problem. Mr. Reynolds has watched his competitors in Town Centre and has tried to eliminate their traffic problems. He further mentioned that the trash enclosure is not attached but will have the same exterior as the building and will have a top enclosure. Dwight Jelly, a representative of the engineering firm for McDonalds, stated that a traffic study is very subjective and that every drive-thru business has customers walking through the line of traffic flow. He further stated that a 48 foot semi-truck will be able to circulate adequately around the site. Member Hunter asked when deliveries will be made. Mr. Reynolds responded that they can arrange delivery at any hour and they plan to do this at a low-volume time of the day. McDonalds will be open from 6:00 a.m. to 11:00 p.m. Sunday through Friday and will be open until midnight on Saturday. Member Graves stated that he would like to see a concept plan for the remaining property that is vacant along Town Centre Drive. Until he sees a concept plan he cannot approve this application. Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 Member Miller agreed with Member Graves in that he also would like to see a concept plan drafted, however, he did approve of this application. Member Hunter agreed with Member Miller. Chairman Voracek stated that the way the parking stalls on the north side of the building are proposed, it creates a blind spot for customers backing up. He also questioned why there was no green space on the north and south side of the property. Mr. Reynolds stated that on the south side Mermaid car wash has already planted a line of pine trees and that they do not want to detract from those trees. Mr. Jelly stated that on the north side they work staff to add landscaping to this area. He stated that there iis arty "blind spot" regarding parking on the north side of the building because the lot line is angled. Chairman Voracek responded that he would like to see green space on each parcel of land. Member Hunter recommended that signs be erected for the parking stalls on the west side of the building which would state that those stalls were for compact cars only. This would ease the problem of a narrow drive-aisle on the west side of the building. Mr. Reynolds agreed with this recommendation. Responding to a Commissioner's question, he stated that the trash enclosure will be 72 feet from the building. He stated that they will not remove trash from the building to the trash enclosure at peak hours. They have a temporary storage area inside the building to hold the trash until after the peak hours. Member Miller requested that condition #8 be amended to require the applicant to continue the landscaping north 5 feet onto Outlot A. Member Griggs stated that there is too much impervious surface proposed and not enough green space. Mr. Colon replied that it meets City Codes. Member Hunter requested that condition #4 be amended to delete that the trash enclosure must be attached to the building. • (Qq • Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 Hunter moved, Miller seconded, the motion to approve a Preliminary Plat consisting of one approximately .84 acre lot and an Outlot located along the west side of Town Centre Drive in the NW 1/4 • of Section 15, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10,1990 shall be complied with: Al, B1, B2, Cl, C2, C4, C5, D1, El, Fl, G1 and H1 2. The site shall be irrigated. 3. All rooftop mechanical equipment shall be screened from view at each property line. 4. The trash/recycling containers shall be located within the building or in an enclosure large enough to accommodate recycling bins made of the identical building material. 5. All signage shall be subject to Sign Code requirements and a one-time fee of $2.50 per square foot. 6. The landscape plan shall be submitted on the approved grading plan. 7. Continuous berming is required along I-35E. 8. Additional overstory trees and shrub planting materials shall be provided along the north and south property lines and shall be approved by the City Planner. The landscaping will continue north 5 feet onto Outlot A. 9. Brick building material shall be required on all sides of the building and shall remain unpainted and left in a natural state. 10. A minimum drive aisle width of 24' shall be maintained. 11. The developer shall add a storm sewer stub to serve the future development to the north of Outlot A of Town Centre 70 13th Addition. 12. 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. Ammo Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 27, 1992 13. This development will be responsible for constructing a concrete apron and valley gutter at the driveway openings to Town Centre Drive. Hunter, Miller, Merkley and Gorman voted in favor; Graves, Griggs and Voracek opposed. Approved 4-3. Hunter moved, Miller seconded, the motion to approve a Conditional Use Permit to allow a Class II restaurant in a Community Shopping Center district located along the west side of Town Centre Drive in the NW 1/4 of Section 15. Hunter, Miller, Merkley and Gorman voted in favor; Graves, Griggs and Voracek opposed. Approved 4-3. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: NOVEMBER 5, 1992 RE: TOWN CENTRE 70 13TH ADDITION At the October 27 Advisory Planning Commission meeting, the Preliminary Plat for the Town Centre 70 13th Addition and a Conditional Use Permit for a Class II restaurant in a Community Shopping Center district were approved 4/3. The .84 acre site is located along the west side of Town Centre Drive immediately north of the Mermaid Car Wash and the proposed user is McDonald's. The restaurant would seat 75 people and the exterior is proposed to be a combination of brick and stucco. Throughout the review process, the concern staff has is with the on-site circulation and potentially off-site onto Town Centre Drive. As a result, the plan was reviewed by Short, Elliott, Hendrickson and their memo is included in the staff report. A revised plan was shown to the commission that night adding 3' to the distance between the back of the building and the parking lot curb along I-35E. Attached is a copy of that plan. One other concern is the free-standing trash enclosure. Planning staff has been encouraging placing trash/recycling areas near the principal building or requiring them to be attached for aesthetic purposes. This eliminates large free-standing structures on the perimeter of the site. From a distance, the enclosures appear to be a portion of the building itself. All of the fast food facilities along Town Centre Drive and Yankee Doodle Road have done this in the past, as well as the Pizza Hut and Applebee's. There was general discussion regarding trash/recycling areas and the commission eliminated the portion of Condition #4 requiring the enclosure to be attached to the building. This topic will be discussed at the joint APC/City Council meeting on November 24. If you would like additional information, please contact me. City Planner JS/js ite ‘f; t7 . • I . • . . .... ,....., . ,.. ..... . L.- Z > .., -0........ i-....... ....... ....... 1 • -... ..., . . .m•0 ix) 111 .,; a 1 .. ... r . i. -,....-... ... .11. . . : r wi.-., 4 `.... I .-•gr .......... -le i -.••-- 4 P g Or`Pcc S1 lo I iI'_. s......... ...., ,1 I-,..,I , ,1••f,4"1•g., •e•$- -.--.. - i I I I ', 19 3 ,-2.E.-,d.••-.-.1.:5 11,-4 1 N S 1 a A i .=....... gieiN-w l...niJ eW , - (/ "1' 4 . 1 4`"' - ...."". :•.::.-....... ..—.-.- 1 • 2. ,.,i ..0 .... . 4' . ... •A, '... -i",:„ .4:........ .. -0'--.. ,4 a■ - -' " . I 1 1 L I 1 - -...; .4.., , ..., ' 1 • ---.- 0 - -' le: i !I El 1 / , ., 4,- -- - iti' , ........,..... • 0,,, 2:."'::: . ',.''%: •-., 111 6'`;',0,,.. •;,. _ • / 5/ -... •0.4...74,9 1 ' 4 ....s, ... .....,, C * ..... , / 1.... R '`... . ,0 ......, • .- ... ••••., lb • ...........-.... 4 ; 'h. -1 Z5 1 . . . . . a i 1 --.. › r— 1 k ' ss••, A A —.1 ...- ..,. .- - 0 f . 1 •........ l Aa :§8 NI 1 23 ...•.•• 0 ..41. lik i Z o of i it Ii • s 0) r^ 4.1 • . . ill .. . . .:.. 1r . § 4 , r;) 0 . ' .25.. ..: .•....-- i ' ; • RA! - . - =.1 I t ..••''''' ';Z:- F:1 • • 4 3 1 ...•- - , - - 1 .0 CD - . . . . g .-... - Z 1 / / Re • . 1 E 1---- P • - • • • ' / , . • ,' m - .: . i I 7 7 7 f—r II it 1 • ,.. . • : / • I , a i - I Ili ! / . f i I I I a 8- 3 t rr 3 r I up ! t f r im 4 I ...t...11 E ill i i I il II Ri 151 Egli 41-11 g ; I E ) ta i I r 1 fl; : 401 if ri!iti 1 o kh l'I?Dili; . . ,::ip 1 ;.,p p.:if;El rt 1 I IA glI : t ) 11 ; X ' , , i , 1 . " I fa iia`A 4 liCi g g • 4 at zi,r,411 I lt i a r• A !lir I it 1g 4 ii in I if M i ' g iii /-1 .II in t plio I f rt. •I; : I 1 g ?f x 1 1 Progi 11 2 . ri i 1'4 i . da e. I pi, ;il . r • • gl 6 i 6 6% • • • li • I ••■ i i A 0 i V I Ili 1 1 0 II i d - i 4 4 4 i 2 . • ; 1 "li ! f T i 1 I ! _ _ _ 'f1 1 . ; , _ I 1 . -. 8 ' PLAN STA71.1Sc i PUN II.ROM LS, 1...... ^I... . . 1 i I Omaha.' sae IP't 1 S *MIN al•a r,Owort . ' i 1 D ••—•, P.N.. 7 MIME m „-BQD-DnEviod e ....... ... . 0 OM Mow . I 1 1 7 er".air-. .....e.77: MOPE ' ‘ - • r.-.-i) rfi • ...cp... ri a NM• 'MN IPCIVRAILVO Mt NNE MOON,07 • • . 407 IP COMO EP NONINSAND •7 lell MM.IIIIINNICN e. i 07.4NIN INNWINCI . • - ; .......;.-,_ r-• Agenda Information Memo November 17, 1992 City Council Meeting ORDINANCE AMENDMENT/CHAPTERS 11 & 13 H. Amendment of Ordinance, Chapter 11, Zoning, Sections 10.16, Shade Trees and Landscaping; 10.17, Landscape Plan Required; 10.18, Irrigation System; 10.19, General Screening and Buffers; 10.20, Buffers; 10.21, Unlawful Cutting of Trees and Shrubs; 10.22, Protection of Large Trees; 10.23, Street Trees; 10.24, Prohibited Tree Species; 10.25, Prohibited Use of Trees; and Chapter 13,Subdivision Regulations (Platting),Section 13.30, Data and Design Standards (Request to Continue)--Because this item is not ready for Council consideration, staff requests that it be continued indefinitely. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the continuation of this item indefinitely. 1 Li MINUTES OE: ::REdtJLAR MEETS OF THE EAttAN, CITY COUNCIL: • Aitgan,Minnesota 'N vember 5, regular meeting of the Eagan City on Thursday,November 5, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers 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. City Administrator Hedges indicated that consliigiation offal plat approval for the Meghans Addition may be requested at the end of the meeting with the AciOnistrativetht,genda. He noted that Council policy has been that all final plats must be on the regular.agendat public 'prior to Council consideration;however, a request had been made. PIRMINE McCrea moved,Wachter seconded, a motion to approve the minutes of the October 20, 1992,regular City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved,Awada seconded,a inrotk xi to.approve the minutes of the September 10, 1992,special City Council meeting as presented. Aye: 5 Nay 13::::::::::::::•:•.•.... : a >;::.- A. personnel Items • Item 1. Basketball Scorekeeper--It was recommended that a contract with Paul Bedney be approved to perform the basketball scorekeeper function for the 1992-1993 winter adult basketball season. Item 2. Police Bargaining Unit/Early Retiree Insurance--It was recommended that the Police Association's proposal regarding health insnraq%.:£Ρqr:early;:pensicin:eligrible retirees be approved. Item 3. City of Eagan Health Insurance Program/1993--It was recommended that the City remain with the same three health insurance carriers for 1993 and*.:the insurance committee be directed to remain active during 1993 to study various alternatives for 1994 and Mond regaling health insurance. B. Canvass Ballots. November 3. 1992. City Council Election • It was recommended that the results of the November 3,1992,City election be canvassed and the results declared official. C. 1993 Joint Powers Agreement-South Metro Task Ice It was recommended that the 1993 Jim: .Nre #nttfnr Eagan's participation in the South Metro Task Force be approved. : •• D. • 'arty" • .• i . n -n ! _I l•i( r 11 A - '11 It was recommended that Deloitte and Touche be approved 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. Page 2/EAGAN CITY COUNCIL November 5, 1992 E. Project 6178.Receive Feasibility i*iig9 4 r.•Pt b c Tearing(Cedar Grove 3.4.5.6.&9-Street Reconstruction It was recommended that the feasibility report for Project 617R(Cedar Grove 3,4,5,6,&9 Additions- Street Reconstruction) be approved and a public hearing scheduled to be held on December 1, 1992. F. Contract 92-09.Approve Change:Ehiiie, :(9$t :Addition) It was recommended that Change Order#1 ttii iintract 9:4:400(Great Oaks Addition)be approved and the Mayor and City Clerk authorized to execute all related docum4nts. G. Contract 91-F.Acknowledge l tiion(Di lcj Fame coons-Streets& Utilities) It was recommended that completion of Contract 91-F (Diffley Commons - Streets & Utilities) be acknowledged and accepted for perpetual maintenance subject to appropriate warranty provisions. H. project 640. Receive Feasibility Report/Order Public Hearing (,St. Thomas Becket - Streets & Utilities) It was recommended that the feasibility ie ie;xecejved for Project 640(St.Thomas Becket-Streets & Utilities) and a public hearing scheduled to be held'ott T3ieceiUber 1, 1992. I. Contract 93-0L Approve Plans/Authoii2e 4dver3 nt.for Bids(Maintenance Facility Expansion) It was recommended that the platis::and'specifications for Contract 93-01 (Maintenance Facility Expansion-Cold Storage Building)be approved and the advertisement for a bid opening authorized to be held on Thursday, December 3, 1992, at 2:00 p.m. Pawlenty moved, McCrea seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay. 0 a I r i 4911,8 COMMUNITY DEVELOPMENTMODEL HOME SALES OFFICE BUILDING PERMIT:::: Mayor Egan introduced this item as a request for a model home sales office building permit. City Administrator Hedges noted that this was a public policy question and staff had raised a number of issues concerning the request. Councilmember McCrea indicated a number of conceris3particularly financial, if the applicant was permitted to begin building before obt •xbe:fip. :Plat....I f,,gan indicated there had been problems with permitting model homes prior to final plat:jn t'bi iafit: : tl• :cam, he expressed concerns about taking this action when the preliminary plat may be vigorously deflated later In the meeting. Wachter moved, McCrea seconded, a motion to deny a Yi ance to City Code requirements to permit the construction of a model home sales office on the Wenzel Addition property as presented. Aye: 5 Nay. 0 Page 3/EAGAN CITY COUNCIL M[I'1LTT 4 November 5, 1992 PUBLIC WORK/CONflIijt t 90-AA STONEBRI : p: IAODITION Mayor Egan introduced this item as Contract 90-AA, acknowledge completion/authorize City maintenance (Hills of Stonebridge 3rd Addition-streets& utilities). - McCrea moved,Wachter seconded,a;m if kit: cbv :the completion of Contract 90-AA(Hills of Stonebridge 3rd Addition- Streets& Utili hies)and:itA;*cept' .:mpravements for perpetual maintenance subject to appropriate warranty provisions. Aye: 5 1441:: 0 SPECIAL CITY COUNCIL MEETING Pawlenty moved,Awada seconded,a motion to schedule a work session for the purposes of touring the Circle Pines ice arena at 12:00 noon on November 21, 1992. Aye: 5 Nay: 0 City Administrator Hedges noted that' is:is;a fact finding outing and no official action will be taken. METROPOLITAN AIRPt(RTS COMMISSION MEETING Assistant to the City Administrator#Iohetrsteinieiiorted that on November 5, the MAC Planning and Environmental committee had considered thegp=gtifing Eagan/Mendota Heights corridor issue. The consensus seemed to be that the fanning of air traffic outside the corridor,as requested by Mendota Heights,would impact more homes than containment within the corridor. Contrary to that evidence,at the conclusion of the meeting, a replacement motion was offered to try the Mendota Heights fanning proposal for 60 days and it was passed unanimously. Mr.Hohenstein stated that the motion will have to go before the full Board meeting on November 16. Because the Council will not meet:.again.:befote..•that...meeting, Mr. Hohenstein asked whether a recommendation from the Airport Relations:. i s e Bb�i itla: :.advanced by staff. Mayor Egan questioned whether the City wouttUa.. ve an c nrtunity to make a presentation before the MAC makes its final decision. Mr. Hohenstein suggegid that tae:City oppose the action; however, said the MAC may have decided that fanning should at least bit tiied. Ctjcilmember Awada recommended that the residents of Eagan be made aware of the action so they may nitikii their concerns known. Councilmember Pawlenty asked Mr. Hohenstein to forward all necessary information to him so that he could also attend the meeting on November 16. VACATION/LOT 10,BLOCK 7,ZEUNDERS ACRES Mayor Egan introduced this item as• ....''.'.'':.•::::::•:•.•.ai and utility easement for Lot 10,Block 7, Zehnders Acres. The property owner was present to answer any questions. She did not indicate any objection to the vacation. Pawlenty moved, Wachter seconded, a motion to approve the vacation of the drainage and utility easement for Lot 10, Block 7,Zehnders Acres. Aye: 5 Nay: 0 ■•■ Page 4/EAGAN CITY COUNCIL MINUTFA: November 5, 1992 • VACATION/LOT 4, BLOCii:::t::HOTHOPig*OODS 1ST ADDITION Mayor Egan introduced this item as vacitiiiii:Of idiainage and utility easement for Lot 4,Block 1, Hawthorne Woods 1st Addition. Director of Public Works Colbert indicated staff had not received any objections to the vacation. Wachter moved, McCrea secondediA•ms*A.,ta..Appme.Ae vacation of the drainage and utility easement as described over Lot 4, Block 1,Iiii*litiriii.:**10if*dition. Aye: 5 Nay: 0 . •....••• FINAL ASSESSiaNT EAGANDALE CENTER INDUSTRIAL PARKNip&4TH ADDITIONS • •:-• •:•:•. Mayor Egan introduced this item:4::**0jiiii 6O8, final assessment hearing for Eagandale Center .. • Industrial Park 3rd & 4th Additions - strUctural overlay City Administrator Hedges indicated that an informational meeting had been scheduled for October 21 to answer questions and concerns;however,none of the affected property owners attended. Mayor Egan asked if any members of the audience wished to address this hearing; no one came forward. McCrea moved, Pawlenty second*::g...motion to close the public hearing and adopted the final assessment roll for Project 608(Eagandale Ciiii*XiOustrisl Park 3rd&4th Additions-Structural Overlay)and authorized its certification to Dakota County. • Director of Public Works Colbert advis4 the C9444:*ii the City had been contacted by ALscor Corporation in regard to reallocating their asses*euWaieaiiiiiiidividual parcels. Mr. Colbert indicated the assessment roll had been amended to reflect that and staff was presenting the amended roll to the City Council for approval. ;*:::::••••• The motioners agreed to amend the motion accordingly: McCrea moved,Pawlenty seconded,a motion to close the public hearing and adopted the final amended assessment roll for Project 608(Eagandale Cisvgg:#4nspial..:Parit1&4th Additions-Structural Overlay)and authorized its certification to Dakota ...•...• Mayor Egan noted that the final assessment rats are s*antially below original estimates. .:•:•::: FINAL ASSESS NT'WANG CEDAR INDUSTRIAL PARK • Mayor Egan introduced this item as Project 622,final assessment hearin,g,Cedar Industrial Park-street rehabilitation. City Administrator Hedges indicated that an informational meeting had been held on October 22, 1992,however, none of the affected property owners attended,..::: Mark Parranto,of JPK Properties,made a formal objeciiiiii•to the assessments. He said no notice had been received regarding either the informatii**04::*•:*101ic hearing and he indicated his objections to the continuing failure of the City to Mr. Parranto informed the Council he became aware of the present meeting from the agenda publishe40 the newspaper. When Mr.Parranto left the public hearing in Septemberj4'said he expected some discussion regarding whether or not the driveway apron to their property needed to be replaced because the apron and parking lot had just been redone. He stated he found it interesting that the first driveway chosen to be torn up with this project was the driveway to JPK Properties. Mr.Parranto noted that his company objects to the way the project Page 5/EAGAN CITY COUNCIL MINUTE$;:''''''''' November 5, 1992 was handled and he said lack of notificati :•.is the basis of:their objection to the final assessment. Councilmember Wachter suggested that the pubs ate g: *fefred to a future meeting and that staff check out Mr. Parranto's objections and attempt to resov ::::: a:Parranto said their number one objection is the perceived value to their property of these improvements. He noted that one-half the assessment is the concrete apron. Wachter moved,McCrea seconded,a:iii ottoit:tkm inb&tht public hearing to the November 17,1992, regular City Council meeting for Project 622, Cedar Ii s ti'[gf'pai c-structural overlay. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING SOUTH PILQ :KNOB Mayor Egan introduced this item as''P'r'ojeet 590,•fitiitrisiessment hearing, South Pilot Knob Road - streets and utilities. City Administrator Hedges advised the City Council that an informational meeting had been held on October 26 and residents were present. Director of Public Works Colbert indicated one written objection had been received from Daniel Henschen, 4871 Pilot Knob Road, even though the storm sewer lateral portion of the assessment has been removed. He said street and storm sewer ImprCh!ement rates are very close to or equal to earlier estimates. Mr. Colbert went on to explain that an amended roll lxacIbe R:i spared deleting the storm sewer lateral assessments from the project. For Council's information,Mr. Colbert advised that the County had objected to the amount of their assessment. Mayor Egan said he could abi remember;the:county objecting to the assessments for a County project before. He then noted no one frorirtlse: iiii 0.;*iiilkia attendance. City Attorney Sheldon stated that staff had met with the County and after.:art mpis.'to resolve objections were unsuccessful, advised the County that the City Council would be aske 1 LL:certify the assessments. Dan Henschen,4871 Pilot Knob Road,expressed his thanks for the informational meeting. He stated that many of his questions had been answered but he still questioned whether there was any increase in value to his property associated with the street improvements. Mr. Henschen indicated that because of the street upgrade, part of his landscaping had been!emoyed,.:euto1Robke.and pedestrian traffic had increased, and his privacy had been lost. In addition, he safiii:h ::Arad::iti:a ei+6:: :three times: the cost of the street, the devaluation of his property, and the replacement of his.landsi api g.•When informed that his written objection allowed him 30 days in which to file suit, Mr. Henscljiri :indicatei :be would prefer to settle the issue at this meeting. LaVema Lehmann,4865 Pilot Knob Road,filed a notice:at:objection at the meeting. • McCrea moved,Awada seconded,a motion to dose the public hearing and adopt the final assessment roll as presented for Project 590 and authorized its certification to Dakota County. Aye: 5 Nay: 0 CONDITIONAL:USE:JERM.l Q 'i1OOR STORAGE TOM****WV:040::$.07ARE Mayor Egan introduced this item as a conditional use gei~nit,Tom Thumb,to Allow outdoor Storage in a Commercial Zoning District on Lot 1,Block 1,Bicentennial:lit:Addition Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Section 16. • ■1111■., Page 6/EAGAN CITY COUNCIL MINUTES November 5, 1992 • .:•:•:•:•. Wachter moved,Awada seconded,a contii*iiiiiiiiiideration of the conditional use permit for Tom Thumb to allow outdoor storage in a comitiOgg:.***tiiiiiict at Yankee Square Shopping Center until the December 1, 1992,regular City Council meetinif*Aye'S Nay 0 CONDITIONAL USE PERMIT/OUTDOOR STORAGE TOM THUMB/BLACKHAWK PLAZA Mayor Egan introduced this item as 00444kOlitigiiieit*.or Tom Thumb,to allow outdoor storage in a Commercial Zoning District on Lots 4 and 5,BlocAigigieihf*Plaza Addition,located along the north side of Diffley Road in the SE 1/4 of Section 20. McCrea moved,Wachter seconded,.a.ms***Ontin**lasideration of the conditional use permit Blackhawk Tom Thumb to allow outdoor storage in at lackhawk Plaza until the December • ct 1, 1992,regular City Council meeting. Aye: 5 Nay: 0 NORYINIBEN DUPLEX LOT SPLIT/WILDERNESS RUN ROAD Mayor Egan introduced this item asiiii**:Aplat for Wally Hafstad,duplex lot split to allow separate ownership,located at Lot 5,Block 5,Wilderness Riiii:1240Ni:Adclition. A representative of the applicant was present. •:•::: Awada moved,Wachter seconded,a of plat for Wally Hafstad for a duplex lot split to allow separate ownership located at:.1.*: ::Blikk 5,Wilderness Run Road Fifth Addition as presented and subject to the following conditions: 1. Separate utilities shall be provided to each unit. 2. All applicable Code requirements. Aye: 5 Nay: 0 ....... •••• SETBACK VARIANCE/DART IRANSIT ........ Mayor Egan introduced this item as a variati&I•or Datflransit, of 50' to the required 50' setback, located at 800 Lone Oak Road. Director of Community Development Runkle described the application and its • location. Gar Hoerschgen of Dart Transit was present to answer any questions. He said their business is growing thus prompting the need for expansion. Gary Stark,owner of Stark's Saloon,complained that thetiarts Transit improvement would put a road through Stark's parking lot In addition,he pttt$11,000 into a new sign and the expanded building would block any view of the sign. A tflcan,Mayor Egan reminded the audience that the City was considering a variance application and the road was a sp.parate matter between the property owners and MnDOT. A suggestion was made that Mr. Stark move ili.0ign; however, he indicated it would cost ...•.•... approximately$5,000 to move it. .....•.•. Mr.Hoerschgen was asked whether a continuance to look at some of Mr.Stark's concerns would cause a hardship to Dart Transit. Mr. Hoerschgen indicated it would as they were hoping to build yet this year. He Page 7/EAGAN CITY COUNCIL " November 5, 1992 •••••• said their plans had already been delayed twO:*eks by the last.44tiiimance and he expressed his surprise that Mr.Stark had not objected before this time Wii4:000141400i:Awada asked Mr.Hoerschgen if Dart would be willing to assist in the cost of moving Mr.Starieiiii***dbart wanted to be a good neighbor and would not rule out such an arrangement. The City Council indicated they did not want to delay the expansion plans of one of the City's corporate citizens and employers and suggested Darts work with Mr.Stark in an attempt to resolved some of Mr.Stark's concerns about the road and placement of McCrea moved,Awada seconded,a motion to dove a viFf.apce for Dart Transit of 50'to the required 50'setback,located at 800 Lone Oak Road and subjed.to the following conditions: L Final site plan approval by the Cg 2. MnDOT approval for any work within the right-of-way. 3. All applicable City Codes. Aye: 5 Nay: 0 LOT COVERAGE VARWMFAFITYMAN HEIGHTS • Mayor Egan introduced this item as a vat!*nce for Don.Prettyman, of 2% to the allowed R-1 Zoning District maximum lot coverage of 20% for Lot 5,41!944;:f*iiiiiiii Heights. Director of Community Developmei0.:*iiiiiii.explained the application and its location. In addition to the City's notification,Mr.Runkle said that Mr.Prettyman had sent a letter to all neighbors within 200'of the lot,and all had signed off with no objections. Mr.Prettyman was available for questions and noted that the lot in question was for his own home. There was no one in the audience to address the issue. Wachter moved,Pawlenty secondecl,.41.17.1909A.P.mrpye a variance for Don Prettyman of 2%to the allowed R-1 zoning district maximum lot ccit**:•421).%:.:p#4*•:':$;Block 1, Prettyman Heights as presented and subject to the following condition: ••• • •••• L All other applicable Code requirements Aye: 5 Nay: 0 PRELIMINARY PLAT/TOBY STEVENS/WUTHERING HEIGHTS Mayor Egan introduced this item as a preliminary plat for Toby Stevens, consisting of two lots on approximately one acre of previously-zoned R-1(Single Family)kiiidlocated on the southeast side of Wuthering Heights Road in the SE 1/4 of Section 18. There was no one inU audience to address the issue. After brief discussion about the ii*ti4i:40:1#401.#4#ti::pf property in this area, Awada moved, Pawlenty seconded, a motion to approve a pièlimiv pI I& 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 and subject to tli4llowing conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Page 8/EAGAN CITY COUNCIL NIINUT November 5, 1992 Al,Bi,B2,B3, Cl, C2,C5, Dl,El, (p1.;and; 2. Development on this plat shall be sisted ith all R-1 setbacks and maximum lot coverage requirements. 3. All applicable City Codes and requirements shall be adhered to. 4. A 20'drainage and utility easement :be< C aw:rithe center of the existing 8"sanitary sewer line that is located along the south property line of prctpilsed Lot 2:;:: 5. A 25'wide half right-of-way is required for::Wutherinti ights Road. Aye: 5 Nay: 0 REZONING/PLANNED DEVELOPMENT AMENDMENT PRELIMINARY PLAT/WEST PUBLISHING 6TH ADDITION Mayor Egan introduced this item gs:;a.:reroning for West Publishing 6th Addition/West Publishing Company, of approximately 22 LI (Light Iridiist .:acres:to a PD (Planned Development) district,a planned development amendment, incorporating the area'intti:i*Igest 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. • Pawlenty moved,McCrea seconded;. :0iitiOti'to continue the rezoning,land development amendment and preliminary plat associated with West Publishing 6th Addition to the November 17, 1992, regular City Council meeting as requested by the applicant. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT/WENZEL ADDITION Mayor Egan introduced this iteiYi::::iis:; ; #or::.Wenzel Addition/Wensmann Realty, of approximately 40 AG (Agricultural) acres"ti ii PD''(Phiaiiei 1::Oe4elopment) 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. Director of Community *elopmci t:;Ytunkle explained the application and its location. He said the 126 units consist of 31 single fam t►;homes,3$:townhomes,and 60 quad homes and noted this to be a change in density from the original proposed 181 un s:;:Herb Wensmann was available to answer any questions. Councilmember Awada stated that in her opinion, there are too many multifamily homes in the City already but noted these are of higher quality. Councilmember McCrea said she was pleased to see the needs of seniors being addressed with the single-level homes. City Administrator Hedges then addre ied.tbe.parks issue:Because the Advisory Parks,Recreation and Natural Resources Commission was meetingat;fesaitt; t .t _City Council,parks dedication requirements had not been finalized. Mr.Hedges suggested t t't iiiiiiir[s tiOte•C&until: 1) continue the item for 30 days to allow review of the site grading plan or 2)take action on the application with the condition that park dedication requirements be worked out to staff's satisfaction. Chim Hue, 1105 Duckwood Drive, who recently moved from Eden Prairie to Eagan, expressed his opposition to more multifamily homes in Eagan. .Mr. Hue agreed that the new plan was preferable to the original plan and indicated his appreciation for the developers reducing the number of units. He went on to say, • • .. .... ..... Page 9/EAGAN CITY COUNCIL MINU T> :.:..•• November 5, 1992 • however,that the City has to take all the piece ;Mta consideraticsA:when looking at the overall picture of what the City is to become. He asked what control the. *;ooe, : pgt$et values of proposed homes and materials used in their construction. Mayor Egan stated that t itiygiiires 60%brick on multiple construction. He added that the proposed development appears to be an excellent compromise for the property as the Comprehensive Guide Plan would have permitted 6 units per acre. The Mayor said the City is attempting to reduce the amount of multiple in the City and cited the downzoning of approximately 159 acres. Awada moved, Pawlenty second it • .•.• ,c rezoning approximately ty eds; $: fpiq, :tt:�: tom: a rezo of a estimate 40.AG (Agricultural)acres to a PD(Planned Development)DisOli E llowittga mixture of residential uses located along the north side of Diffley Road in the SE 1/4 of Sedibn 21 aiia ubject to appropriate parks dedication requirements as determined by the Advisory Parks, Re ieation, and:�Tatural Resources Commission. Aye: 5 Nay: 0 '' Awada moved,McCrea seconded,a diOtion to app 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, B4, Cl, C2, C3, C4 C5,D1;.;1t1, Fl, G1 and H1 2. Snow fencing shall be installed around.the trees:#peat d near the pond to ensure tree preservation during grading and construction. The snow fence:will be inspected prior to issuance of any grading permit. 1 All plant material shall meet City;'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 property agencies. 6. Homeowners and condominium;a opiation,s..shallXformed and declaration of covenants shall be provided to the City prior to final plat. 7. A storm sewer stub that will be designed ttidrain 83:aites 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:'ttt: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 publie:street shall have 60'of right-of-way dedicated. 11.The exterior of the mu lti-familyltii 1* ed of at least 60%brick. • Aye: 5 Nay. 0 Page 10/EAGAN CITY COUNCIL MINUTF, •• November 5, 1992 PLANNED DfLOPMENTTDMENT TOWN CEN`tl : UTh ADDITION • Mayor Egan introduced this item as a 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 Community Shopping Center within the Eagan Heights Commercial Park Flanged.Development,•located along the south side of Yankee Doodle Road in the NE 1/4 of Section i$T;:40.*�* ;::4 : iifpity Development Runkle explained the application and the location. Mr.Runkle said the actigit: 'basics :a transfer of uses within the Town Centre 100 development. Martin Colon, representing Federal i and,was:avi ilable to answer questions. After brief discussion,Pawlenty moved}iiiiiiiiiiiiiiiiiiiiiiiiiiiii to approve a planned development amendment of approximately 3.6 acres from C ii{ imping Center)to LB(Limited Business)and approximately 3.2 acres from Limited Business'to Comnmmty''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 and 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 effecth a ffie.preliminary plat application for Town Centre 100-11th • Addition is subsequently approved by the City Coniitl :::::: • •Aye: 5 Nay: 0 PRELIMINARY PL',Atic NNDITIONAL USE PERMIT TOWN Cgietti .100 - 11TH ADDITION Mayor Egan introduced this item as 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'I a. :J :•ia:•tl ,:N• .:2/4 of Section 15. Director of Community Development Runkle explained the applicatiOn:and:Its JQcatio t:: ;said the applicant had developed on overall concept plan for the property with attention to internal.circulation,etc. Martin Colon, representing Federal Land, indk ed this would be an oil changing business,not a gas station. The landscape plan will be handled with the filial plat. McCrea moved, Wachter seconded, a motion 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*Council action on July 10, 1990, shall be complied with: Al,Bl,B2,B3, Cl, C2, C3, C4, • 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. Page 11/EAGAN CITY COUNCIL MINU'l*:':" *•'-'••••• • • November 5, 1992 4. No outside storage shall be allow 5. Rooftop mechanical equipment shall bIm 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. & Berming shall be required along all pub1c xlted 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:*4 Lot 1,Block 1,water quality treatment requirement -••••• ••• 10.The development shall provide 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 is i.t0:40!...align with the entrance to the parking lot south of the Valvoline site. • • 13.The development shall design the park*lot to 401..0f:the concrete curb and gutter and then to the proposed storm sewer to avoid bituminous sWges..*:00.:04flonglot. .......••••••• ........ • Aye: 5 Nay 0 McCrea moved, Pawlenty seconded, a 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 shiik•:*:.?'.40§0:40:**::.POota County along with the final plat and documentation provided to the City. • .....•.• :;:*:;;;*: Aye: 5 Nay: 0 •:•:::::- FEDERAL RESERVE BOX Assistant to the City Administrator Hohenstein provided an update on the status of selecting a new Federal Reserve Bank site. Mr.Hohenstein said the Chase Companies have chosen a location in Minneapolis; however, if plans do not materialize,they have indicated Eagan is the only other site they will consider. SIGN COMMITTEE::::::. Director of Community Developni*i:::§.iiwio#4:* City Council on the status of the Sign Committee. He indicated that they have reached their cónclüsións which would end their commitment unless the City Council wishes them to do anything further. Mr.Runk1444d there are some committee members who would like to appear before the City Council to make their feelitii known or to receive additional direction. Councilmember McCrea advised Mr.Runkle that the City Council would like to review the Committee's minutes, recommendations, and possibly,the reasoning behind their recommendations. Mayor Egan suggested that the item appear on a future Council agenda so the City Council can respond. Page 12/EAGAN CITY COUNCIL MINUtES November 5, 1992 City Attorney Sheldon reported that th :iiiiiii*OkOiiiipresentative sampling of properties affected by Project 617R (Cedar Grove 3, 4, 5, 6, and 9 eeti and Utilities) would be received prior to the neighborhood meeting on November 16;however,would not receive Council review until November 17. It was the City Attorney's recommendation that the appraisals be evaluated by the City Council at the November 17 meeting and recommendations for disclosure made at that time. Director of Public Works Colbert acbati4:60:00.:Ciiiiiia*t 720+ notices had been sent to property owners for this public hearing. He said that while not all will atte*;ithose that do may not be accommodated in the Council Chambers. It was his recommendation i.ilierefore,iiiit the public hearing be moved to another evening and to a place large enough for all those atte**. For:pOncil's information,Mr.Colbert said staff had checked schools previously but found the...pply:*40::a..y.ailabg:fiiir such a large group to be Mary, Mother of the Church. After discussion, it was detiiiiine'd:iltal..40.01i6 hearing for Project 617R will be held on December 8, 1992, at Mary, Mother of the Church. FINAL PLAT/MEGIUNS ADDITION Wachter moved, McCrea second44mtion to approve the final plat for the Meghans Addition; however, the plat will not be released until ilt...040.40g4 are in order. Aye: 5 Nay 0 ISD#196.• • After brief discussion,Egan moved,Mcc$4:.#00:Aiiiiiif,..iinotion to appoint Councilmember Awada as the City's liaison to Independent School Dia04:*.4e Aye: 5 Nay 0 LOT INVENTORY After discussion, a property inventory will be performed in the City with possible recommendations regarding any D-II property that can be downzoned. ...•...• Wachter moved, Egan seconded, a motion tO...iitiprove the checklist dated November 3, 1992, in the amount of S519,255.59. Aye: 5 Nay 0 RECESS •••• The regular meeting of the City Council was recessed at 8:55 p.m.to convene an Executive Session for the purposes of discussing a personnel matter. Those in attendance were: Mayor Egan, Councilmembers Awada,McCrea,Pawlenty and Wachter,City Administrator Hedge&Assistant to the City Administrator Duffy, City Attorney Jim Sheldon, and Labor Attorneys John Roszak 144::Kevin Rupp. At 11:30 p.m., the Executive Session was continued until November 10, 199.2.,.at8:.30.p.m. dieMunicipal Center. The Executive Session of the City Council was reconve4at the Municipal Centel.on November 10, 1992,at 9:00 p.m. Those present were Mayor Egan,Councilmenif;iis Awada,McCrea,Pawlenty and Wachter, City Administrator Hedges,Assistant to the City Administrator Duffy, City Attorney Jim Sheldon, and Labor Attorneys John Roszak and Kevin Rupp. The session ended at 10:30 p.m. at which time the City Council Page 13/EAGAN CITY COUNCIL MINUT S November 5, 1992 reconvened the November 5,1992,Council meeting::che.(it3+Cpiiinpl Chambers. The Council received a letter from Dale C. Runkle resigning his position. On•mitjips;i5>:Wachter, seconded by Awada, the Council moved to accept the resignation. On motion of Wachter, seconded by Awada,the meeting was adjourned at 10.35 p.m. KF E,..KATAnOverl?tltii �ig'Ct��k • • •