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05/20/1992 - City Council Regular
AGENDA / -. 1111NUIAR MEETING JAN CITY COUNCIL . c6 A-..Jt� - 1C- C L-L-4 ..--. EAGAN, MINNESOTA 1 S 40-•4, I C_,-0f4 MUNICIPAL CENTER BUILDING WEDNESDAY, MAY 20, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) 0 f III. 6:40 - RECOGNITION - EXPLORER POST #572/INDIANHEAD COUNCIL IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. CITY CLERK P.3 1. Canvass Ballots for May 19, 1992, Bond Referendum V. 6:55 - CONSENT AGENDA (PINK) ' o• T A. PERSONNEL ITEMS (, B. RECOMMENDATION, Airport Relations Committee, Dual Track Airport Planning Process, A Environmental Scoping Document Comments C C. PROCLAMATION, Burnsville/Eagan Public Access Volunteer Appreciation Day, May 30, 1992 2� D. PROCLAMATION, Pause for the Pledge of Allegiance, June 14, 1992 r- �` f(, E. RESOLUTION/Application for.Minnesota Lawful Gambling Premises Permit, Minnesota Valley PHumane Society, LaFonda' s ,, (1� RECEIVE Bids/Award Sale, Large Capacity Mower, Parks & Recreation Department ✓ (` .2_(G. CONTRACT 91-03, Change Order #2 (Elrene Road) ` ,1 H. CONTRACT 92-05, Receive Bids/Award Contract (Woodland N rth �'2nd Addit"on, Yankee Doodle Road & Wilderness Pond " ` 1 �L�I. CONTRACT 91-06, Receive Bids/Award Contract (Eagandale Center Industrial Park 3rd- Addition - Overlay) QTS Z(i J. PROJECT 622, Receive Report/Order Public Hearing (Cedar Industrial Park - Overlay) Pe.,L�( ,�K. VACATE Public Right-of-Way, Receive Petition/Schedule Pulic Hearing (Trails End Road) 3 0 FINAL PLAT, Town Centre 100 10th 1...g. .Q .■ \+M. . r...17 . . FINAL PLAT, Autumn Ridge 2nd Addition 3( 11411 RESOLUTION, Nitti Disposal Temporary Conditional Use Permit Z0. PROJECT 634, Receive Petition/Order Feasibility Report (Streetlights - Lakeside 3 Estates and Cedar Grove 7th Addition) 10. D=7 P. STIPULATION of Settlement, City of Eagan vs Meritor Development . i›.:, s s J..1....i .. Ce:v....9, P t te' VI. 7:00 - PUBLIC HEARINGS (SALMON) `7 A. PROJECT 631, Lone Oak Road & Eagandale Boulevard - Signalization & Intersection Improvements Lots w'IX.' p w� 3J B. PROJECT 623, Johnny Cake Ridge Road - Overlay . .II. OLD BUSINESS (ORCHID) >147 A. RATIFICATION of Ordinance Amendment Relating to Sign Moratorium (.0-,,,Z&%.,3 • VIII. NEW BUSINESS (TAN) - . AUTHORIZATION, Electronic Interiors Proposal, Council Chambers Audio/Video Remodel r • Q VARIANCE, Norman & Bonnie Johnson, of 10' to the Frontyard Setback off Deerwood Drive rip.v for Lot 14, Block 6, Birch Park Addition - . VARIANCE, Roger Salen, of 20' to the 50' Setback on Johnny Cake Ridge Road for Lot 49, e YBlock 2, Mallard Park Third Addition 12—D. COMPREHENSIVE GUIDE PLAN AMENDMENT, Lexington Pointe 8th Addition/James A. Curry & C 12' David Schenkel, Changing the Land Use Designation of Approximately 65 Acres from CPD (Commercial Planned Development) to D-I (Single Family Residential, 0-3 units/acre) , a REZONING of Approximately 65 Acres from CSC/PD (Community Shopping Center/Planned Development) to R-1 PD (Single Family Planned Development) thereby Amending the Lexington South Planned Development, and a PRELIMINARY PLAT Consisting of 167 Single Family Lots and Six Outlots on 80.4 Acres Located in the Southeast Corner of Lexington Avenue and Diffley Road in the NW 1/4 of Sec 26 ,/43 7E. REZONING, Lakeview Trail Addition/Shamrock Development, of Approximately 19.5 Acres from AG (Agricultural) to an R-1 (Single Family) District and a PRELIMINARY PLAT Consisting of 35 Lots Located East of Dodd Road, South of Todd Avenue in the N 1/2 of Sec 36 /c F. REZONING, Deerwood 2nd Addition/Independent School District #196, of Approximately F' 23.5 Acres from AG (Agricultural) to PF (Public Facilities) and a PRELIMINARY PLAT Consisting of ONe lot for a Middle School Located Along the South Side of deerwood Drive, West of Pilot Knob Road in the SE 1/4 of Sec 21 IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE • XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII ADJOURNMENT • , . 1111 • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 13, 1992 SUBJECT: AGENDA INFORMATION FOR THE MAY 20, 1992 CITY COUNCIL MEETING {OPT AGENDA/APPROVE MINUTES After approval is given to the May 20, 1992 City Council agenda, the regular and special meeting minutes for the May 5, 1992 meetings, the following items are in order for consideration. RECOGNITION#:EXPLORER. POST x#572/INDIA ! HEAD COUNCIL Enclosed on page is a memorandum from the Fire Department outlining the recognition of Eagan's Fire Department Explorer Post through its receipt of the Boyscouts of America Indianhead Council Cluster Award. As is outlined in the memo, the Fire Department's efforts are significantly enhanced by the dedication and activities of the seven- member Explorer Post under the direction of their advisors and officers. • Department and Explorer Post representatives will be on hand for recognition of this award. There is no specific action necessary on this item, however, the Council may wish to add their own congratulations and recognition to the Post for this honor. • I EAGAN FIRE DEPARTMENT 6126814777 P_02 fire department KEN EOUTHORN aver DAVE DIIO �eflebn crow _city of ec1 cin b 3795 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55 122-1 31 3 Mayor PHONE.(612)681.4770 FAX:(6t Z)641-4777 PATRICIA AWADA PAMELA MCCREA TIM PAWI.ENTY THEODORE WACHTER Cound Msmb•r$ THOMAS HEDGES CMy Adn*lrWratar EUGENE VAN OVERBEKE CAY CNrk EAGAN FIRE DEPARTMENT EXPLORER POST Again this year the Eagan Fire Department Explorer Post has been awarded the Boy Scouts of America Indian Head Council Cluster Award. This award is given each year to the Fire Explorer Post that has demonstrated the greatest accomplishments in the field of firefighting. Our 7 (seven) explorers have been trained and have donated several hundred hours • to the department in the areas of radio dispatching, fire prevention, fire education, fire ground support and fire pre-plans. Post Advisors: Dale Nelson, Ron Meters, Tim Denman Post Chief: Nick Taylor Post Assistant Chief: Ala Mueller THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer • A Agenda Information Memo • May 20, 1992 City Council Meeting •-;DEPARTmENT BEAD BUSINESS A. CITY CLERK Item 1. Canvass Ballots for May 19, 1992, Bond Referendum—State law requires that election results be canvassed within 48 hours of the close of the polls. It is therefore appropriate for the City Council to canvass the ballots for the May 19, 1992 bond referendum at Wednesday evening's meeting. A copy of the results will be distributed to the Council prior to next Wednesday's meeting. 2 Agenda Information Memo • May 20, 1992 City Council Meeting CO.NSENT AGgINPI8 There are sixteen (16) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Street Maintenance Workers--After interviews, it is the recommendation of Superintendent of Streets Erhart and Streets Supervisor Struve that the following persons be hired as seasonal streets maintenance workers: Ben Anderson, Jay Laramy and Jamie Witt. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Ben Anderson, Jay Laramy and Jamie Witt as seasonal street maintenance workers. • Item 2. Temporary Part-Time Clerical Technician/Finance Department--Due to the unexpected medical disability of a present part-time clerical technician in the Finance Department, it is necessary to hire a temporary worker in the regular worker's absence. Therefore, it is the recommendation of the Director of Finance VanOverbeke and Assistant Finance. Director Pepper that Louella Stoll be hired as a temporary part-time clerical technician. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Louella Stoll as a temporary part-time clerical technician in the Finance Department. 110 Agenda Information Memo May 20, 1992 City Council Meeting • Item 3. Seasonal Recreation Employees—After interviews, it is the recommendation of Recreation Supervisor Nowariak that the persons listed below be hired as seasonal recreation workers for the 1992 summer season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the following seasonal employees: Recreation Assistants Recreation Leaders Rachel Collingham Holly Confer Britta Gilbert Lei Lani Dick Shannon Haugh Kristi Edlund Heather Kjos Lynne Hockford Eva L'Herault Kathy McNeil Kimberly Larson Shannon Stire Melanie Mesko Julie VandeWalker Krista Murtfeldt Kristin Weeklund Rebecca Peglow Julie Beecher Robin Stublefield Joan Smebakken Amanda White Lori Anger Angela Orton Gary Anger Mary Kill Tova Embretson Kimberlyn Murphy Douglas Stanton Greg Siwek Recreation Program Assistant Christopher Fischer Jill Gruenke Item 4. Seasonal Park Maintenance Workers--After interviews, it is the recommendation of Park Superintendent VonDeLinde that Duane Barton, Paul Szurek, and Joseph Wilcox • be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Duane Barton, Paul Szurek, and Joseph Wilcox as seasonal park maintenance workers. • Agenda Information Memo May 20, 1992 City Council Meeting DUAL TRACK AIRPORT PLANNING PROCESS/SCOPING DOCUMENT COMMENTS B. Recommendation,Airport Relations Committee, Dual Track Airport Planning Process, Environmental Scoping Document Comments—At its meeting of May 12, 1992, the Eagan Airport Relations Committee recommended that the City Council make the comments outlined in the letter attached on pages 7 through 1 as part of the City's input to the dual track airport planning process environmental scoping document. The comment period for the document is open through June 4, 1992. The purpose of this process is to identify all areas which will be reviewed in the alternative environmental review process currently being applied to the expansion and relocation options for the region's major airport. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation of the Airport Relations Committee with respect to environmental scoping document comments for the dual track airport planning process as presented. S lS? of 41 _city of eagan 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 TIM PAWLENTY THEODORE WACHTER May 21, 1992 Council Members THOMAS HEDGES GLEN ORCUTT City Adminlnstrator FEDERAL AVIATION ADMINISTRATION EUGENE VAN OVERBEKE 6020 28TH AVENUE SOUTH City Clerk SUITE 102 MINNEAPOLIS MN 55450 Dear Mr. Orcutt: Thank you very much for the opportunity to comment on the scoping process for the environmental review of the overall dual track planning process. As reflected in the public meetings held to date with respect to the scoping document, it appears extremely complete. On behalf of the City of Eagan, the following additions are requested: 1. As was recommended by the Metropolitan Council, all of the same issues and concerns should be addressed for both the new airport site selection and MSP long-term comprehensive plan. Ultimately, this will permit easier comparison between the options on an issue by issue basis. 2 . Comparative Graphics - At the present time, the two tracks are treated separately and are graphically depicted on separate maps without showing the relationship between the current site and the search area. As the analysis evolves, it will be important to develop a graphic which shows both options on the same map in relation to the surrounding area and the common area between the two options in Northern Dakota County. In that regard, "it is also important that jurisdictional boundaries be shown on such graphics and that all areas within a reasonable distance of either the existing airport or the search area be shown on the maps. 3 . Impact of Business Dislocation - The airport site selection section includes an element on induced and spinoff development. There has been some concern raised that relocation of the airport may also cause some dislocation and disinvestment at the current site. This, • coupled with the challenges of the reuse of the current site, indicates a need to include an element on business THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer GLEN ORCUTT MAY 21, 1992 PAGE 2 dislocation and the likelihood that some of the induced development at a new site would be simply relocations of existing development near the current airport. 4. Differential Transportation Impact - It will be important that the travel shed analysis for the new airport site be sufficiently large as to indicate its relationship to transportation patterns at the existing site as well as diffusions of traffic which would not have to travel to the old site in order to get to the new site. This again will relate to the concentrations of airport support and business travel services which remain at the existing site as well as that component of the airport traffic which would continue to flow down Cedar Avenue or Highway 55 to a new airport site. 5. Original Criteria at a Minimum - Every effort should be made to avoid diluting the strength of the language of the criteria to minimize important considerations. 6. EQB Review of All AED's - It will be important for the Environmental Quality Board to be the reviewing agency 411 for each alternative environmental document as outlined in the timeline in the scoping document. 7 . Differential Expandability - In reviewing the ultimate costs of expansion and relocation, the potential for future expandability beyond the year 2020 and the ultimate build-out of the current MSP site is an essential aspect of a decision at this point. Expansion of the current site should be considered in the context of ultimate costs of further expansion or relocation at some point in the future if the current site continues to be constrained. Together with the existing issues already identified, it would appear that these issues would provide a good basis for decision- making at least through the alternative environmental review process. Certainly, other`'issues may arise as we approach the full federal environmental impact statement development once the specific alternatives have been defined. Again, thank you for the opportunity to comment in this regard. If you have any questions concerning this correspondence, please do not hesitate to contact us. Sincerely, • Jon Hohenstein Assistant to the City Administrator JH/vmd • Agenda Information Memo May 20, 1992 City Council Meeting • PROCLAMATION/PUBLIC ACCESS VOLUNTEER DAY C. Proclamation, Burnsville/Eagan Public Access Volunteer Appreciation Day, May 30, 1992--Traditional ly, the Burnsville/Eagan Cable Communications Commission establishes a public access volunteer appreciation day in late spring. This year, the date is May 30, 1992. The members of the Cable Commission are requesting that the City of Eagan proclaim May 30, 1992 as Burnsville/Eagan Public Access Volunteer Appreciation Day. Attached on pages \O through 3 is a memo from Coordinator Reardon, the proposed proclamation and an announcement regarding the event. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proclamation, naming May 30, 1992 as Burnsville/Eagan Public Access Volunteer Appreciation Day. • • • • 9 MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN ASSISTANT TO THE CITY MANAGER HANSON FROM: CABLE COORDINATOR REARDON DATE: MAY 13, 1992 SUBJECT: CITIES' PROCLAMATION - BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY, MAY 30 Background Attached is a copy of a proclamation which proclaims Saturday, May 30 as the Burnsville/Eagan Public Access Volunteer Appreciation Day. The cities' proclamation of a Volunteer Appreciation Day coincides with the Cable Commission's and Cable TV North Central 's sponsorship of the Public Access Volunteer Appreciation Event and Picnic on the - same day at Lac Lavon Park in Burnsville. The attached proclamation provides general background as to the number of volunteers, hours of programming, and number of productions provided by the volunteers in 1991. The last three volunteer appreciation events/days have been proclaimed as such by the cities. This year's festivities have been changed from an indoor, autumn event, at the public access facility, to an outdoor, spring picnic event. 0 Additional Information Also attached is a copy of the invitation that was sent regarding the Public Access Volunteer Appreciation Event. As noted, the awards ' ceremony will start at 2:00 p.m. As has been past practice, Mayor Egan and Mayor McElroy have been invited to present awards. If either mayor is unable to attend it would be appreciated if they would appoint a designee to make the presentations in their place. Obviously, all of the City Councilmembers are invited to attend the May 30 festivities. ACTION TO BE CONSIDERED ON THIS ITEM: On behalf of the Cable Commission and Cable TV North Central, it is staff's request that the cities consider adopting the attached proclamation at the Burnsville City Council's May 18 meeting, and at the Eagan City Council 's May 20 meeting. It is my intention to be present at both of the May City Council meetings. Ca le Coor inator Attachments ill MR/7eh 10 • CITY OF EAGAN PROCLAMATION BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY May 30, 1992 WHEREAS, from January 1, 1991 to December 31, 1991, approximately 230 citizens have volunteered over ten thousand hours of their time and energy to provide public access programming to the communities of Burnsville and Eagan, resulting in 667 hours of original public access programming and 438 productions, and WHEREAS, these public access programs provide the opportunity for the citizens of Burnsville and Eagan to view programs for and about their communities, which otherwise would not be provided, and WHEREAS, these volunteers receive no compensation for their time, energy and production skills, other than the occasional recognition by appreciative viewers and citizens, and WHEREAS, the Burnsville/Eagan Cable Communications Commission, in cooperation with Cable TV North Central and their Burnsville/Eagan local access staff, 4) have decided to demonstrate their appreciation by honoring all the 1991 public access volunteers, with the Burnsville/Eagan Public Access Volunteer Appreciation Event and Picnic on May 30, 1992. NOW, THEREFORE LET IT BE RESOLVED, that I, Tom Egan, Mayor of the City of Eagan, do hereby proclaim Saturday, May 30, 1992 as BURNSVILLE/EAGAN PUBLIC ACCESS VOLUNTEER APPRECIATION DAY in Eagan, AND,BE IT RESOLVED,that copies of this proclamation be displayed in the local newspapers and the local access facility at 4155 Sibley Memorial Highway, Eagan, Minnesota, as evidence of our esteem. • • • IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the City of Eagan to be affixed this 20th day of May in the year of our Lord One thousand nine hundred and ninety-two. CITY OF EAGAN CITY COUNCIL Its Mayor Attest: Its Clerk Motion Made By: Seconded By: Those in Favor: Those Opposed: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of May, 1992. E.J. VanOverbeke, City Clerk City of Eagan a. • 2 YOU ARE INVITED!!! TO THE 113 11J IR NWII ILILIE/EAVCAN IIDIUIFILII+C ACCESS VOLUti1FIEIEIR Arl[�l1�iRiE+CIIA�1f 11+0\' I VIEN1f & I J11+CNII C SATURDAY, MAY 30 NOON - 6:00 LAC LAVON PARK, BURNSVILLE On Lac Lavon Drive, 5 Minutes South of County Road 42 Near Crystal Lake Beach & Lac Lavon Ball Fields VOLLEYBALL, HORSESHOES, FRISBEE, SWIMMING All day long - bring appropriate clothing • VOLUNTEER & KEVI AWARDS CEREMONY AT 2:00 Community, Sports, Youth Producers &Volunteer of the Year Recognized for Volunteer Contributions to Burnsville/Eagan Public Access Programming KEVI Awards Presented to the Producers of the Winning Entries in these Production Categories Best Single Camera,Best Multi Camera &Most Innovative COMPLIMENTARY PICNIC DINNER Following Awards Program Prepared by the Burnsville/Eagan Cable Cornmicsion Provided by Cable TV North Central THIS IS AN ENTIRE FAMILY EVENT! Those Attending will Receive a Volunteer Memento RAIN OR SHINE • For Additional Information, Please Call the Burnsville/Eagan Access Staff, 894-9613 . Agenda Information Memo May 20, 1992 City Council Meeting PROCLAMATION/PLEDGE OF ALLEGIANCE D. Proclamation, Pause for the Pledge of Allegiance,June 14, 1992—The City has received a request from the National Flag Day Foundation, Inc., to proclaim June 14, 1992 as Flag Day in the City of Eagan and to urge all citizens of the City of Eagan to pause at 7:00 p.m. easter daylight time for the 13th Annual Pause for the Pledge of Allegiance to the Flag. President and Mrs. Bush have been invited to lead all americans in the pledge of allegiance at that time. Mrs. Bush is the 1992 honoraiy,mational chair person of the Pause for the Pledge of Allegiance. Enclosed on page /S is a copy of the proposed proclamation. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim June 14, 1992 as Flag Day in the City of Eagan and to urge all citizens of the City of Eagan to pause at 7:00 p.m. eastern daylight time on this date for the 13th annual pause for the pledge of allegiance to the flag. • • • CITY OF EAGAN • PROCLAMATION NATIONAL FLAG DAY - JUNE 14, 1992 ANNUAL PAUSE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG WHEREAS, by act of congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS,by act of congress dated August 3, 1949,June 14 of each year was designated "National Flag Day;" and WHEREAS, the congress has requested the president to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week; and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all americans to pause for the Pledge of Allegiance on Flag Day, June 14; and WHEREAS, by act of Congress, Public Law 99-54 was passed to have the pause for the Pledge of Allegiance as part of the celebration of National Flag Day throughout the nation; and WHEREAS,Flag Day celebrates our nation's symbol of unity, a democracy in a republic and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all; • NOW, THEREFORE, BE IT PROCLAIMED, that June 14, 1992, will be designated as Flag Day in the City of Eagan and all citizens of the City of Eagan are urged to pause at 7:00 p.m. eastern daylight time on this date for the 13th Annual Pause for the Pledge of Allegiance to the Flag and to join all americans in reciting the Pledge of Allegiance to the Flag and Nation. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 1s' • Agenda Information Memo May 20, 1992 City Council Meeting LAWFUL GAMBLING PERMIT/MINNESOTA VALLEY HUMANE SOCIETY LA FONDA'S RESTAURANT E. Resolution/Application for Minnesota Lawful Gambling Premises Permit, Minnesota Valley Humane Society,LaFonda's--This item was continued from the consent agenda at the May 5, 1992 City Council meeting. An application has been received from the Minnesota Valley Humane Society to conduct a charitable gambling operation at LaFonda's Restaurant at 3665 Sibley Memorial Highway. Currently, the Humane Society has a permitted operation at the Cherokee Sirloin Room as well. A copy of the application was enclosed without page numr with the May 5, 1992 City Council packet. Also enclosed on pages (7 through ( is a copy of a memorandum from the Finance Department and a resolution. The Police Department has reviewed the application and finds no reason to deny the permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution to permit the Minnesota Valley Humane Society to conduct charitable gambling operations on the LaFonda's De Los Lobos premises. • • /� • April 29, 1992 • TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: APPLICATION FOR GAMBLING PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON LAFONDAS DE LOS LOBOS PREMISES, 3665 Sibley Memorial Highway The Minnesota Valley Humane Society has applied for a second gambling permit to conduct pull tab operations in Eagna. Currently, they have a gambling permit for • the Cherokee Sirloin Room premises. They are now re- questing a gambling permit for LaFondas de los Lobos premises , 3665 Sibley Memorial Highway. The Eagan Police Department is reviewing the application and Council action should reflect their findings. LaFondas is not open as of today but Mr. Trujillo hopes to close on the purchase this morning. The City Clerk' s • office will keep you apprised. • • • CITY OF EAGAN RESOLUTION GAMBLING PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON IA FONDA DE LOS LOBOS PREMISES WHEREAS, the Minnesota Valley Humane Society has applied for a gambling premise permit to conduct a pull-tab operation at LaFonda de los Lobos, 3665 Sibley Memorial Highway, and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, the Minnesota Valley Humane Society has a pull-tab operation at Cherokee Sirloin Room, Eagan, with no reported problems; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, • Dakota County, Minnesota, hereby approves the Minnesota Valley Humane Society application to conduct a pull-tab operation at LaFondas de los Lobos, 3665 Sibley Memorial Highway. 111 Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in Favor: Its Mayor Those Against: Attest: Its Clerk Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of May, 1992. E.J. VanOverbeke, City Clerk City of Eagan • Agenda Information Memo May 20, 1992 City Council Meeting • PURCHASE/LARGE CAPACITY MOWER F. Receive Bids, Award Sale, Large Capacity Mower, Parks & Recreation Department— Enclosed on page.2 a is a summary from the bid opening held on May 14, 1992 for the above-referenced mower. Authorization to proceed with bids for this piece of equipment was given at the May 5, 1992 City Council meeting. The apparent low bidder is M.T.I. Distributing, Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the bids and award a contract for purchase of the large capacity mower to M.T.I. Distributing, Inc. as presented. • • l°� MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR 6ROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 14, 1992 RE: HIGH CAPACITY MOWER BIDS BACKGROUND: $42,000 was budgeted in 1992 for replacement groundmasters and replacement reels for the parkmaster mower. Council authorized the redirecting of these funds towards the acquisition of a high capacity mower. BIDS: Bids were opened at 10:00 AM on Thursday, May 14th. Only one bid was received from M.T.I. Distributing, Inc. for a Toro G.M. 580-D as follows: • Base Price: $50,155.00 Road Lights: 815.00 Rollover Protection: 426.00 Sub Total $51,396.00 Less Trade-in/Parkmaster: (10,000.00) Less Trade-in/G.M.-72: ( 3.000.00) .• NET COST: $38,396.00 COMMENTS: Staff is very pleased with this bid, despite the fact there was only the one bidder. The trade-in allowed on the G.M.-72 was somewhat higher than anticipated. The parkmaster - purchased as a used piece of equipment from School District 191 in 1983 for $12,500 - was priced as expected. FOR COUNCIL ACTION: To approve the bid price from M.T.I. Dist. Inc., with trade, for a Toro G.M. 580-D • in the amount of $38,396. KV:cm • ao Agenda Information Memo May 20, 1992, City Council Meeting • APPROVE CHANGE ORDER #2 (ELRENE RD) G. Approve Change Order #2, Contract 91-03 (Elrene Road)--This Change Order consists of 3 parts described as follows: Part A: After further research with the bituminous materials department of MnDOT, it has been determined that the City can change the type of bituminous mixture planned for the final surface/overlay for Elrene Road from a #2361 design mix to a #2341 based on further evaluation of traffic volumes. This change in the design specifications for the bituminous mixture will result in a cost saving on this project with no long term detriment to the life expectancy of the roadway or intermittent maintenance requirements. (Deduct $4,986.00). Part B: During the reconstruction and widening of Trails End Road, there were isolated pockets of poor subgrade material that were not previously known to either the City nor the contractor. Subsequently, additional effort and corrective material was expended to bring these isolated substandard locations up to specification prior to completing the reconstruction of the roadway. (Add $8,222.10). • Part C: With the recent approval of the preliminary plat for the Great Oaks Addition, the developer requested the City to install an additional set of sewer and water services from Elrene Road to avoid crossing the Williams Bros. Pipeline with a future development to service this single-family residential lot. It was appropriate to have these services installed before the final wear surface of Elrene Road was installed. (Add $3,923.00). Parts A and B will be considered as a part of the overall project cost and assessed in accordance with the original feasibility report methodology. Part C will be 100% assessed to the Great Oaks Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 2, Contract 91-03 (Elrene Road) and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo May 20, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (WOODLANDS N 2ND ADDN) H. Contract 92-05, Receive Bids/Award Contract (Woodlands North 2nd Addition, Yankee Doodle Road & Wilderness Ponds - Utilities)--At 10:00 a.m., on May 15, 1992, competitive bids were opened for the above-referenced projects. The bid tabulation will be included with the Additional Information Packet on Monday. All bids will be reviewed for compliance with bid specifications and any deviations will be discussed at the meeting, if necessary. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and award Contract 92-05 (Woodlands North 2nd Addition, Yankee Doodle Road & Wilderness Ponds - Utilities) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • • • a� This page was intended for the bid tabulation; however, it will not be available until Monday. • • C�✓ Agenda Information Memo • May 20, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (EAGANDALE CENTER INDUSTRIAL PK 3RD ADDN). I. Contract 91-06,Receive Bids/Award Contract(Eagandale Center Industrial Park 3rd Addition Overlay)--At 10:30 a.m., on May 15, 1 92, competitive bids were opened for the above-referenced project. Enclosed on page is a tabulation of the bids received with a comparison of the low bidder to the engineer's estimate. All bids will be evaluated for compliance with bid specification requirements and any deviations will be noted at the meeting on May 20. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and award Contract 91-06 (Eagandale Center Industrial Park 3rd Addition - Overlay) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • • cD4 EAGANDALE CENTER INDUSTRIAL PARK NO. 3 & 4 • STREET, BITUMINOUS OVERLAY IMPROVEMENTS PROJECT NO. 608 CONTRACT NO. 91-06 EAGAN, MN. 1992 BID DATE: MAY 15, 1992 BID TIME: 10:30 A.M. • ALT. #1 CONTRACTORS TOTAL BASE BID BID 1. McNamara Cont. Co. $ 280,090.00 $ 2,700.00 2.. Northwest Asphalt 280,771.00 2,580.00 3. Valley Paving, Inc. 288,074.20 2,151.00 4. Bituminous Roadways, Inc. 296,277.50 2,820.00 5. Ace Blacktop, Inc. 317,624.50 No Change 6. GMH Asphalt Corp. 389,947.75 2,700.00• LOW BID $ 280,090.00 • Feasibility Report Estimate $ 395,274.00 % Over (+) Under (-) F.R. -29.10% Engineer's Estimate $ 387,821.00 % Over (+) Under (-) E.E. -27.77% • • C • Agenda Information Memo • May 20, 1992, City Council Meeting RECEIVE REPORT/ORDER PUBLIC HEARING (CEDAR INDUSTRIAL PARK - OVERLAY) J. Project 622, Receive Report/Order Public Hearing (Cedar Industrial Park - Overlay)--In accordance with the recently adopted 5-Year Capital Improvement Program, the Cedar Industrial Park is proposed to have some miscellaneous corrective/reconstructive work followed by a structural overlay. A feasibility report has been prepared identifying the various improvements and related costs associated with this proposal. Enclosed without page number is a copy of that report for the Council's information. This report is being presented to the Council in consideration of scheduling a public hearing to formally present and discuss these proposed improvements with the affected property owners. It is anticipated that the City staff will hold a neighborhood meeting prior to the formal public hearing to introduce the project and address as many questions as possible. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 622 (Cedar Industrial Park - Overlay) and schedule a public hearing to be held on June 16, 1992. VACATION/TRAILS END ROAD K. Vacate Public Right-of-Way, Receive Petition/Schedule Public Hearing (Trails End Road)--With the approval of the preliminary plat for the Great Oaks Addition, the developer has submitted a petition to vacate the east half of the public right-of-way for Trails End Road south of Cedar Street. All application materials have been reviewed by staff and found to be in order for Council consideration of scheduling a public hearing to formally present and discuss this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate the east half of Trails End Road south of Cedar Street and schedule a public hearing to be held on June 16, 1922. • • Agenda Information Memo • May 20, 1992 City Council Meeting FINAL PLAT/TOWN CENTRE 100 10Th ADDITION L. Final Plat, Town Centre 100 10th Addition—The final plat documents are being processed by the applicant and City staff. If all items are executed in time for next Wednesday's meeting, they will be in order for consideration by the City Council at that time. If not, a recommendation will be made to pull this item when the agenda is set. A copof the final plat as it appears for recording at Dakota County is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 10th Addition as presented. ID 41• 5 t i' : i i I 173E a ao° i _ `c 0 10 i i o" c Y s 0o Ea ° I i .I Z o - " ; Sa f� i •I r ° : oo 1 so o . s° Ir `; i° r " �� V ". Y ~r. . I < f2 I °k : I ° u. a �E 9 .s g 2TII_ r ° pp ,, ° == S S u• 2 Fu Y.YOi EE ]O .�...`. z • w 1--. E 0 0 i W 0 I$a W :kE 'IP i� 8 0. ' F Y !,t5," ilfi7 :: .2: 1 �j .! Z 9 E1' ` i'S� H A 5 ° N '-' .I W ES . . S��io . . Z r — F' Y .U I n i Z v u ____:— ii rD ;: ? >NVA 5 t °uxc I ` t I r.,, ,_-; ��= J O J 0 ° I I x _ iA I jam. I I ` . ;j 1_ � I ao v • : ` ° I .4.. • C>i . Agenda Information Memo • May 20, 1992 City Council Meeting FINAL PLAT/AUTUMN RIDGE 2ND ADDITION M. Final Plat, Autumn Ridge 2nd Addition—The final plat documents are being processed by the applicant and City staff. If all items are executed in time for next Wednesday's meeting, they will be in order for consideration by the City Council at that time. If not, a recommendation will be made to pull this item when the agenda is set. A copy of the final plat as it appears for recording at Dakota County is enclosed on page .gyp . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Autumn Ridge 2nd Addition as presented. • • •11 ilij!' !1.!�1 !lit' i iz!'E [ j I1 1 I1 ' a �li• j! 1111k t- a 11[.t11 ;! 1; a =' i� 1 t a iiE ! Q I IL �� 1 x?=! ! . !! 1 :a I i I! I I a Pi '1 t t F 51 l;;RI(!;JI .F �, ;t , Fi 3 1 1::iii`l: Iei. ld 1F 1 1 j ' si► alaak ,1 Elr- I F III 001 h I , j 1I !• !� : �1! Is €tF �; I I i lilt! i , I • !I!dill tI! 'I R li IIi !. i I 1 1 ri i f i!1 i.i",i !k!� t 1 I �, !Ps ill 1 �; F Ni/1 101 2i ;t 1,1 i:! !: !_ z; i h 1 r 411 lislili 1i / i ; ! �� �s iII{t ;� , i i i;i ;mil_ i 1 i ti ti -FFi ti ;1 le.1 II I tj v viii ;Y:t«yy� :wvv r.a • 7 t _ -. C - left, t� 1i I-- �'- '`Obi . . Z 1 Y •{ P 61Z X 4 . r • . W 1$ r — i��.� r i I 4 a W •N ;.� Cr Z�. - Q i pp / ,/,./... ‘4.■■ 4\‘1!!.. 1!:".1''''. ■ ; • t: ii 1 i lic ,, it� •a. •• 4,'art ••n 0 a, ' i �l _ - -, tt 4,14, A t i \ .. r 1-----_tyy MY 1 • li!•tom :--•r Aq.' I tip' M f titi '!q, I 0 / .. -. -- 1... __ a•Y alt: 3 S I • 1••* `. Myp/ �1a'a{— M X Agenda Information Memo • May 20, 1992 City Council Meeting RESOLUTION/NITTI DISPOSAL/TEMPORARY CONDITIONAL USE PERMIT N. Resolution, Nitti Disposal Temporary Conditional Use Permit—The City Attorney has been meeting with representatives of Nitti Disposal in an attempt to reach agreement on a resolution for the temporary conditional use permit. Because there are still issues to be resolved, staff will be requesting a two week continuance of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of a resolution for Nitti Disposal's temporary conditional use permit to the June 2, 1992 regular City Council meeting. • • • 3 ( Agenda Information Memo • May 20, 1992, City Council Meeting RECEIVE PETITION/ORDER FEASIBILITY REPT (STREETLIGHTS - LAKESIDE ESTATES & CEDAR GROVE 7TH ADDN) O. Project 634, Receive Petition/Order Feasibility Report (Streetlights - Lakeside Estates & Cedar Grove 7th Addition)--The City of Eagan has received a petition from the majority of the residents located within the above-referenced subdivisions requesting the City of Eagan to install neighborhood residential streetlights. With the minimum number of petitioners being met, it would be appropriate for the Council to receive these petitions and authorize the preparation of a feasibility report which would then be used for presentation and discussion at a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petitions and authorize the preparation of a feasibility report for Project 634 (Streetlights - Lakeside Estates & Cedar Grove 7th Addition). • • Agenda Information Memo May 20, 1992 City Council Meeting • SETTLEMENT/STIPULATION/MERITOR DEVELOPMENT P. Stipulation of Settlement, City of Eagan vs. Mentor Development—Stipulations of settlement have been negotiated with the parties with respect to the Lexington Square subdivision involving the storm water drainage system in that development. A copy of a memorandum from the City Attorney's office as well as the stipulations in this regard are enclosed without page number for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stipulations of settle- ment in the matters of City of Eagan vs. Mentor Development as presented. 33 Agenda Information Memo May 20, 1992, City Council Meeting 'PUBLIC HEARINGS EAGANDALE BLVD & LONE OAK RD (INTERSECTION RECONSTRUCTION & SIGNALIZATION) A. Project 631, Eagandale Boulevard & Lone Oak Road (Intersection Reconstruction & • Signalization)--On April 21, the feasibility report for the above-referenced project was presented to the Council with the public hearing being scheduled for May 20. A copy of that feasibility report will be distributed with the Additional Information Packet on Monday for reference and review during this hearing. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close, the public hearing and approve/deny Project 631 (Eagandale Boulevard & Lone Oak Road - Intersection Reconstruction/Signalization) and, if approved, authorize the preparation of detailed plans and specifications. 110 • • Agenda Information Memo May 20, 1992, City Council Meeting • JOHNNY CAKE RIDGE ROAD (OVERLAY) B. Project 623, Johnny Cake Ridge Road (Overlay)—On April 21, the feasibility report for the above-referenced project was presented to the City Council with a public hearing being scheduled for May 20. Enclosed on pages ,, through 1.-/(, is a copy of that report for reference and review during the hearing process. This project is proposed to be financed 100% from the City's Major Street Fund. Consequently, there are no special assessments proposed against adjacent property. Therefore, since notices of proposed assessments are not appropriate, a general notice published in the legal newspaper only was performed. ACTION TO BE CONSIDERED ON THIS ITEM: To close the hearing and approve/deny Project 623 (Johnny Cake Ridge Road - Overlay) and, if approved, authorize the preparation of detailed plans and specifications. • • FEASIBILITY REPORT ESTIMATE OF COST JOHNNY CAKE RIDGE ROAD (SOUTH CITY LIMITS TO CLIFF ROAD) • M.S.A. NO. 195-109-01 STREET BITUMINOUS OVERLAY PROJECT NO. 623 EAGAN MN MAY 1992 • 3co _ _ _city of cagan 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 TIM PAWLENTY THEODORE WACHTER April 21, 1992 Council Members THOMAS HEDGES CI y Adminlnstrator HONORABLE MAYOR & CITY COUNCIL CITY OF EAGAN EUGENE VAN OVERBEKE 3830 PILOT KNOB RD CIty Clerk EAGAN MN 55122 Re: City Project No. 623 Johnny Cake Ridge Road Dear Mayor & City Council: Enclosed is the Feasibility Report for Johnny Cake Ridge Road - Street Bituminous Overlay improvements. Included is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the • Council and other interested public at a time convenient to the Council. Sincerely, • Michael P. FoertschJP.E./L.S. Assistant City Engineer MPF/jj I hereby certify that the attached plan, specification, or report was prepared by- e or under my direct supervision and that I am a duly registered Professional Engi eerrunderr the aws o the State of Minnesota. Assistant City Engineer Date: 4-21-92 00,-.DA,41,ktg_ Registration No. 18139 Dire or of Finance Date: / — -4Q 1 • THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer FEASIBILITY REPORT & COST ESTIMATE JOHNNY CAKE RIDGE ROAD (SOUTH CITY LIMITS TO CLIFF ROAD) PROJECT NO. 623 MUNICIPAL STATE AID PROJECT NO. 195-109-04 Scope This project provides for the miscellaneous reconstruction, milling and bituminous overlay for Johnny Cake Ridge Road from the south City limits north to Cliff Road. It also provides for an upgrade and/or new installation of street - lights. The total length of this proposed project is 0.98 mile. Feasibility and Recommendation The project is feasible from an engineering standpoint and is in accordance with the City's 5-Year' Capital Improvement Program. The project as identified can best be carried out as one contract. The recommendation is to mill the roadway surface 11" deep to remove surface rutting and the existing 2361 wear course. The 14" milled surface depth will be replaced with a 11" thick 2331 binder course and a 11" thick 2341 modified wear course provided. The total cost of the improvement is identified in Appendix A as $197,360. The project is proposed to be financed 100% with Municipal State Aid Funds. • Methodology In order to determine the required overlay thickness to upgrade the existing roadway to a 10-ton capacity roadway, the existing load bearing capacity of the roadway had to be evaluated. The City employed Braun Intertec Pavement, Inc. , to perform the required test. The test performed was a structural evaluation consisting of measuring the pavement's deflection response to an applied load. The company's machine, Model 2000 Road Rater, was used for this nondestructive testing and provided the information needed. The analysis was based on the results of the deflection tests and the following information: Heavy Commercial Average Daily Traffic (HCADT) . Existing thickness of both the asphalt surface and aggregate base. The pavement thickness determination also includes calculating the traffic volumes for this street project. The City took traffic counts during the month of August 1991. The Average Annual Daily Traffic (AADT) was 13,488 trips per 24- hour period. Also, the following assumed percentages of the 10 vehicle types listed in the MnDOT design manual were used for the distribution factor by vehicle types. • 2 • ASSUMED % OF AADT VEHICLE USED FOR TYPICAL • TYPE DESCRIPTION METRO STREETS 1 Passenger Cars 83.5 2 Panels & Pickups (under 1 ton) 9.0 3 Single Unit - 2 axle & 4 tire 1.6 4 Single Unit - 2 axle & 6 tire 1.8 5 Single Unit - 3 axle & 4 axle 0.5 6 Tractor Semi-trailer Combination 3 axle 0.3 7 Tractor Semi-trailer Combination 4 axle 0.4 8 Tractor Semi-trailer Combination 5 axle 2.4 9 Tractor Semi-trailer Combination 6 axle 10 Trucks with Trailers & Buses 0.5 * Too few to establish a value Based on the traffic volumes for the streets, a Granular Equivalency factor (G.E. ) was determined using the MnDOT Road Design Manual. The required G.E. for the street is 24 for a 10-ton per axle design. The G.E. factor is converted to the thicknesses of bituminous pavement and aggregate base by the following: G.E. CONVERSION • THICKNESS MATERIAL FACTOR G.E. Existing 3/4" Ex. 2361 Bit. Wear Course 2.25 1.7 11" Ex. 2331 Bit. Binder Course 2.00 3.0 3" Ex. 2331 Bit. Base Course 2.00 6.0 10" Ex. Class 5 Aggregate Base 1.00 10.0 Existing G.E. _ 20.7 Proposed Mill 11" 2.00 -3.0 11" New 2341 Bit. Wear Course (Overlay) 2.25 3.4 11" New 2331 Binder 2.00 3.0 Total G.E. of New Street 24.1 The replacing of the 14" bituminous surface milled with 14" binder course and the 11" bituminous wear course overlay will provide the required thickness to meet a 10-ton design. 3 • 2)(:\ History of Street Construction Johnny Cake Ridge Road from the south City limits _north to Cliff Road was constructed under Municipal State Aid Project No. 195-109-01 in 1976. This portion of roadway was constructed in conjunction with the 1.0 mile of roadway located in the city of Apple Valley, which also provided entrances to the Minnesota Zoological Gardens. The city of Apple Valley in 1987 reconstructed their 1.0 mile of roadway located just south of the Eagan City limits. The reconstruction involved removal of the concrete medians and turn lanes and also approximately 2" of the existing 2361 wear course. After the removals were completed, a new 21" 2341 bituminous wear course overlay was constructed over the . entire roadway. Pavement Management Program Braun Pavement Technologies was employed by the City of Eagan in the fall of 1989 to develop a pavement management program to aid in the determination of the condition of the existing streets. This program evaluated the current condition of every street existing prior to January 1, 1990, through a detailed field evaluation of its current condition according to standard parameters. The results of this evaluation were then computerized to arrive at a Pavement Condition Index (PCI) on a scale of 0-100. The age of the street and past maintenance history were also taken into consideration in evaluating whether a reconstruction (PCI 0-35) , a street life extending overlay (PCI 35-55) or normal routine maintenance consisting of crack sealing, patch/repair sealcoating, etc. , (PCI 55-100) would be most appropriate. The Pavement Condition Index (PCI) of Johnny Cake Ridge Road fell between 10-40 with an average of 23. These numbers place this roadway in the reconstruction and overlay category. Capital Improvement Program • A 5-Year Capital Improvement Program was prepared in the Fall of- 1990 for construction in the years 1991-1995. The CIP program was prepared and based on detailed evaluation of all our local streets as a result of the recent Pavement Management Program Evaluation. Existing Conditions • Existing Concrete Curb & Gutter - Remove and replace any curb section that is severely cracked, misaligned or deteriorated to a point where it has lost its structural integrity. • Existing Surface Conditions - This existing 52 foot wide, 4-lane, 0.98 mile long roadway has been evaluated in the three following segments: The first segment is from the south line of Eagan to Sherwood Way and is approximately 2,000 L.F. in length. The evaluation shows 100% block cracking in the medium severity range and approximately 25% of the surface is alligator cracked ranging from the low to high category. Only 22% of the 25% falls in the low severity range. • • 4 • The next segment is from Sherwood Way to Covington Lane and is approximately 1,500 L.F. in length. The evaluation of -this segment shows 100% block cracking • in the medium severity range and approximately 1-2% alligator cracking with the majority of it falling in the low severity range. The third segment is from Covington Lane to Cliff Road and is about 1,700 L.F. in length. The evaluation shows 100% block cracking in the low severity range and approximately 7% alligator cracking with the majority of the percentage falling in the low to medium severity range. Also, there is 100% rutting in all wheel paths for the entire length ranging approximately 1/4"-1" in depth. The PCI rating indicates an estimated remaining life of this roadway at approximately 1-2 years. • Existing Structures - All utility access structures will be readjusted using new adjustment rings and set to the proper heights. • Existing Utilities - All existing gate valves will be checked and adjusted to proper height prior to paving. Limited sanitary and storm sewer lateral lines are located within this project. They have been visually checked and no reconstruction work is being planned under this project. • Proposed Construction - All proposed street construction is located within platted public right-of-way. It is not anticipated that any easements will be required to complete this project. • Cost Estimates - Detailed cost estimates are presented in Appendix A located at the back of this report. • • Bituminous Milling - Milling is a grinding process of the existing bituminous mat so the new overlay blends and matches to the concrete curb and abutting streets. It is recommended that a 6' area in width be milled adjacent to existing streets to accommodate the proposed bituminous overlay. The 6' width varies in depth from 0" - 11/4". In determining the extent of the milling operation versus removal and reconstruction, the Road Rater analysis indicated a subgrade suitable to support a 10-ton capacity roadway. As noted in the existing surface condition portion of the report, severe alligator and block cracking was prevalent across the entire roadway segment. This type of cracking is typically an indication of subgrade instability. • Since the Road Rater did not support this theory, test holes were dug in the roadway to determine the extent and depth of the surface cracks. The cracking was indicative of a bituminous wearing surface which was less resistant to changes in temperature than the binder and base course bituminous layers. The existing 3/4" 2361 wear course initially placed on the roadway is less flexible than the underlying bituminous layers. The 2361 wear course provides a "harder" wearing surface but is more susceptible to cracking due to changes in temperature. 5 • Lk .--- ------- As a result, milling of the entire roadway surface is proposed. Milling to a • depth of 11" would remove the old 2361 wearing surfaces as well as removing the rutting identified previously. — • Restoration - All boulevard areas that are disturbed because of curb removal and/or driveway construction will- be replaced and restored to the existing condition. • Streetlighting - The existing street light at Sherwood Way is proposed to be upgraded. The existing street light at Covington Lane is proposed to be removed and two new streetlights be installed at this intersection. Assessments No assessments are being proposed for this improvement project. Financing Municipal State Aid funding will be used for the cost of the reconstruction of this roadway. Indirect Costs 30% is used for the indirect costs which include Legal, Fiscal, Engineering and Bond Interest. Project Schedule Public Hearing May 20, 1992 Approve Plans & Specifications June 2, 1992 • Receive Bids/Award Contract July 21, 1992 Substantial Completion of Construction September 1, 1992 Complete Construction September 15, 1992 Final Contract Payment October 1, 1992 • 6 APPENDIX "A" • PRELIMINARY COST ESTIMATE JOHNNY CAKE RIDGE ROAD PROJECT NO. 623 UNIT SPEC # ITEM UNIT QUANTITY PRICE COST 2232.501 Mill Bituminous Surface S.Y. 28,400 0.80 $22,720 (11" Depth) 2232.501 Mill Bituminous Surface S.Y. 7,000 0.80 5,600 (0" x lk x 6' ) 2331.508 Type 41 Wearing Course Ton 2,450 20.00 49,000 Mixture 2331.510 Type 31 Binder Course Ton 2,450 19.50 47,775 Mixture 2331.518 Type 31 Bituminous Mixture Ton 100 75.00 7,500 For Patching 2357.502 Bituminous Material for Gal. 2,900 1.00 2,900 Tack Coat 2531.501 Concrete Curb & Gutter L.F. 200 14.00 2,800 Des. B-618 Remove & Replace _ 0564.603 4" Broken Line, White Paint L.F. 2,640 0.20 528 0564.603 Paint 4" Double Solid L.F. 5,280 0.40 2,112 Yellow Line 2506.522 Structure Adjustment Ea. 10 150.00 1,500 • Streetlights L.S. 1 2.150 $144,585 + 5% Contingency = 7.230 Subtotal = $151,815 Indirect Costs — 45.545 Grand Total = $197.360 • 7 "(2) • le —- ' ... .::;::::,:::.:::::,:::. .'" .-..-..:-:.' . Z OF__mir.-cliv",:!..i 1... , 4 .- -- . \I\ ::::::::::: e CC vz.v&.. le • el lit , 4: w - . N i ::::::::.: .I ::iate• f ' 4 1 a • • 1. •" 4 I I •••!. + F•Y:f'�.T: i --....4.- `-\.t, �r •f� • I - t, A A • , . ,A, ► . ' /•-*. DAKOTA COUNTY PARK {. -4:8;i::. !ki(' .• fl •• ' ' •v. •--.- �« '.j. of of , D . DDI IC c • r �t. • ,�� . • ;. , • —NO SCALE :� . ti 1 474014..._..... __..►.ry. -e-• •i:;l: : :4A: ••�Iw� MI• ao-7a :::: , POND BLP-3 �_ - - — — -- r• • POND : s • �� k. III .:::i:,::::::f.i. : • 1.•I DAKOTA COUNTY PARK i ii..ii:i C\4\4)- ----- 3 J • .... ;\'•':' • 4::::: r • POND BLP-2 ^ f ' • :;:: GERHARDT . ' /7.: .......... .. Q ,�„� E A G A 1 •• POND BLP-1 ,, : :: APPLE VALLEY MILL OVERLAY• •ity of eagan PROJ. NO. 623 standard plate D PUBLIC WORKS JOHNNY CAKE RIDGE ROAD r. DEPARTMENT - L" 4- • NO I sr : 32 V7' CLIFF ROAD ' 1/1 ...» tTl . ,..• • -.V..'.• RIDGE THIRD ADD — iiN, JOHNNY CAKE ill it f. •'r ..4. ...» �:' .. .�• _(,M ! • - • P i •1.0 A S - •.(1 i•4lia at••.. 4► rw r�1' t .a_ . tit f e iii~ _ . , _ A t•• �'r / s i N . p....;\.. ,• .s Sri _a• ' t : RE .- ; : /.._ .....:. ::: .• iii •1 '• •. , ,.„. L .. a, , . ..,... ...•_� , •• • ` .:.r. S • t • ` • [� � .` .. ♦ . :•' t f s t3.• , ` 1 0 �• h „„ it 41...4 v. ` 4'. • •.€41.t-'\'1-;.' k. • ;; .0. , -41- . • „'140 SCAL 1 • • '+ • • •• .l•. •4 1•% 1.•11'• •\ ! ..” li .,• . , _,o. ... ._ • •.• c .t ..6, •.IE;,1 i NA .'Rita•• • #4\*\s • , T .' V ,• ` 5j, ;: 7 r ,i •v 1, .elf, ens•_ ... ?r • /•• t. 1 9•' ■■■•■..■ 1._ I ‘ ' ' % • ■ i ill . ;:: :::: i ..1. .......{g hi ■• • 7.0t7.■1 4.. .47.. . ii:—. -- i c..1,. �� A.-1r:i ' �r',a • # i .II''. . ' •\•,I, . ti: su, 1 lir ,• ,, � •{ .L Iii •-. ./4 '+ rc •.,� �ji , . .•. _ _ _ _ a r • h • •ate Y � � •� 't J ,COYINGTON f /a4.1.1••,w••� � ■ w • I t f .. •! • . • 46 LAN•• E 1 :•:• t (,, �, .. .w u ai•w ,v, y i}. QS` •gam .V t ' i . ; t, ..f.-.: "474"4:4:t I■ s;. - • ..1.\ . • -..•• • • r ` ..PARK .•>, ...... T, . , i• �.. 7 w • :� MILL & OVERLAY AREA City of eagan PROJ. NO. 623 plate 4f: PUBLIC JOHNNY CAKE RIDGE ROAD A I , WORT' S - L , DEPARTMENT _ . 1-e. 3 : v. • - , , ... i• i4117....44.41.....,./b.::::4 " 41;_ii.:r„ 4i 4' "1-:. i1/4'; I ,'' . u. 1 owl, \ ' ittlitli El A: ti; . --4. ..d. : . _)r\i,A 'f";' vilt I it Et , : i 0 IT i, i 4!cis?...,P "? -'4*: ' 1 ii : : • C .'1 1/ ir I. ,.,k I'VN - . 1:1-\\I '4:1r:ill- i• a 'I: I: lilt-..• ii! -:::1-; '14 I 141 — •: .41: 4'4 914. '..,(irt:- ...t- ali; • N •..„,,...___,,t • [0r''12T. •.., n A •fie Gs ~O -{ ..I..* - C5- &A.. ii, •f. .tz-C-1 .: •,.„-, , g: .. Q • I . 'g: ; - •V 4 4."."11 �p •r•• +a • e +Lin.■ 1�M..oi \�/•__ ` "- NO SCALE • L • ••• 9 'y 1 ‘ 1' - "*Z it \.. , f . Q Mole ' L -rr_ —r.. �..�r. m ww • j( 1 � � j. • • a ! _Awn.. ' " { E. —of` -J Z ° ;r �• — 4 I,. . Z i`; _0 - v -°� - ' d I 1• _— v < 1.3 •• I _ - 1 O ,t * x'11 to a •• n •;.: O - A • li ��:, j; SME-.4, �r, ' �b j • • i, •••4, OrV • ' a ,a' , -.Ey 0 ' 7. 4 • • R� �- - . •i l'i */I. : • • E' • �e. Jr • ,... �, . ' ... .• • • INSTALL NEW STYLE STREETLIGHTS 2-250 WATT HPS . Q UPGRADE AND MINOR RELOCATION OF STREETLIGHT 1-150 WATT HPS pity of eagan PROJ. NO. 623 standard plate # n PUBLIC$ JOHNNY CAKE RIDGE ROAD 3 DEPARTMENT IDAgenda Information Memo May 20, 1992 City Council Meeting tig4K.1111ARSTAIF RATIFICATION ORDINANCE AMENDMENT/SIGN MORATORIUM A. Ratification of Ordinance Amendment Relating to Sign Moratorium—In official action at the March 17, 1992 Eagan City Council meeting, approval was given to place a moratorium on billboards in the City of Eagan until a joint, in-service training session could be held between the City Council and Advisory Panning Commission to thoroughly examine the issue. Enclosed on pages through L. is a copy of an ordinance amendment declaring a moratorium regarding the processing, 'approval or issuance of any conditional use permit or building permit or other permit in connection with the placement, erection and maintenance of advertising si as defined by Section 4.20, subd. lc(2) of the City Code. Also enclosed on page is a copy of a letter from the City Attorney's office explaining that the City Council should select the date on which the moratorium should expire and the number of months allowed for additional extension, after the new interim period. Also enclosed on page S( for the Council's information is a copy of the City Council minutes referencing this item from the March 17, 1992 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment to Eagan City Code Chapter 4 entitled"Construction,Licensing,Including Signs, Excavation and Mobile Home Parks" by adding section 4.21 regarding advertising signs and declaring a moratorium on certain development within the City.If the ordinance amendment is approved, the Council also needs to select the date on which the moratorium will expire and the number of months allowed for the additional extension period as noted in sub paragraph G of section 4.21. • • • • 471 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FOUR ENTITLED "CONSTRUCTION, LICENSING, INCLUDING SIGNS, EXCAVATION AND MOBILE HOME PARKS" BY ADDING SECTION 4.21 REGARDING ADVERTISING SIGNS AND DECLARING A MORATORIUM ON CERTAIN DEVELOPMENT WITHIN THE CITY. The City Council of Eagan ordains: Section 1. That Chapter Four of the City Code shall be amended by adding Section 4 .21, to read as follows: Section 4 .21. A. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens. B. The Council has been concerned about the proper use of advertising signs and the ultimate development of the City, and in particular the land located adjacent to major thoroughfares. C. Minnesota Statutes, S462 .355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinances may regulate, restrict or prohibit any use or development within the City for a period not to exceed one year with a right to extend such interim ordinances for periods not to exceed a total of 18 months. D. The City Council adopted an interim zoning ordinance relating to the proper use of advertising signs and development of the City related thereto on September 4, 1990, effective until September 1, 1991. The interim ordinance was repealed by the City Council on September 16, 1991. E. Since the repeal of the previous interim zoning ordinance relating to advertising signs, the City Council has been presented with new evidence, new issues and new concerns regarding land use, size, location, shaping and other related considerations of signage in the City. Accordingly, the City has scheduled a joint City Council and Planning Commission hearing for the purpose of re-considering amendment or adoption of official controls relating to advertising signs and attendant conditions appropriate for conditional use permits. F. It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City, as a whole, that the authority granted by the above Minnesota 1I 9 Statute be used by the City with reference to the City as a whole. G. The City hereby prohibits the processing, approval or issuance of any conditional use permit or building permit or other permit in connection with the placement, erection and maintenance of advertising signs, as defined by Section 4.20, subd. lc(2) of the City Code, until or such sooner time as the City may determine. The City reserves the right to extend this interim ordinance for such additional periods as may be appropriate, not to exceed a total additional period of or months. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Passed this day of , 1992. CITY OF EAGAN Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 111 SEVERSON,WILCOX& SHELDON, P.A. t. A PROFESSIONAL ASSOCIATION ` ATTORNEYS AT LAW =r LARRY S.SEVERSON* KENNETH R.HALL JAMES F.SHELDON WILCOX* 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON J. CHAEL OUGH 7300 WEST 147TH STREET WREN M.SOLFEST MICHAEL E. MO LENDA Y':" ANNETTE M. MARGARIT MICHAEL E. MOLENDA" APPLE VALLEY, MINNESOTA 55124 DANIEL M.SHERIDAN (612) 432-3136 SHARON K.HILLS TELEFAX NUMBER 432-3780 MARK D.STENBECK ALSO LICENSED IN IOWA OF COUNSEL: "ALSO LICENSED IN WISCONSIN dOIiN O E. COUNSEH ...ALSO LICENSED IN NEBRASKA "°CERTIFIED REAL PROPERTY LAW SPECIALIST,MSBA May 7, 1992 Gene VanOverbeke City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 • Re: Proposed Interim Ordinance: Sign Moratorium Our File No. 206-8816 Dear Gene: Enclosed please find a draft of the above-referenced ordinance. Please review and advise me of any suggested revisions. If none are needed, please process in the City's usual manner. Please note Subparagraph G of Section 4.21 states neither the date on which the moratorium expires nor the number of months allowed for additional extension period after this new interim period. I believe that is an issue for the City to consider and resolve. If you have any questions or concerns, please feel free to contact me. • Very truly yours, SEVERSON WILCOX & SHELDON, P.A. arc%2�� on K. Hills SKH/wkt Enc. • Page 12/EAGAN CITY COUNCIL MINUTES • March 17, 1992 None of the residents came forward, however, they did speak from the audience. One said she had a number of concerns even after the last neighborhood meeting including the density of the development. She said the majority of the neighbors were aware of the Neighborhood Business zoning and would prefer a development of that type. Another resident agreed there were already too many strip malls in the City and suggested senior housing as a possible use of the property. The neighbors would also prefer that the neighborhood meeting be held at least one week in advance of the City Council meeting so they have an opportunity to review any new information. Wachter moved, McCrea seconded, a motion to continue to April 9, 1992, consideration of a comprehensive guide plan amendment, rezoning and preliminary plat for the Meghans Addition/Pulsar, Inc. Aye: 5 Nay: 0 DEVELOPMENT DEPOSIT AGREEMENT McCrea moved,Awada seconded,a motion to approve the development deposit agreement as presented. Aye: 5 Nay: 0 SIGN ORDINANCE AMENDMENT . Mayor Egan introduced this item as a request for direction regarding a sign ordinance amendment. • Councilmember McCrea said it was her understanding that any changes in the ordinance were put on hold until a joint session of the City Council and Advisory Planning Commission could be held. Mayor Egan said he was willing to recommend that no applications come forward from the APC until the issue is resolved. Director of Community Development Runkle advised the Council of two sign applications that had been continued by the APC for 60 days but were soon to come to the Council for consideration. He asked whether the moratorium should be reinstated. Councilmember Pawlenty said he thought the issue had been decided when after several meetings the Council determined that an ordinance change was not needed and that billboards would be decided on a case by case basis. He added,however,that the Council could review the issue again but whatever the outcome, he would continue to refrain from voting on billboard applications. After further discussion, McCrea moved, Wachter seconded, a motion to place a moratorium on billboards in the City of Eagan until a joint,in-service training session can be held between the City Council and Advisory Planning Commission. Aye: 4 Nay: 0 Abstain: 1 (Pawlenty) IAPMMTAMMAPPNPAi NORTHVIEW BUILDING FIRE RESTORATION CONTRACT Egan moved,Awada seconded,a motion to continue to the April 9,1992,regular City Council meeting, consideration of the authorization of default by Beacon Builders, Inc., for the Northview Park building fire restoration contract. Aye: 5 Nay: 0 • MISCELLANEOUS ITEMS A work session between the City Council and the Advisory Parks, Recreation and Natural Resources • Commission will be held on March 31 at 5:00 p.m. A joint session with the Advisory Planning Commission will be scheduled for a later date. Recognition of the City's volunteers will be held on April 25 in conjunction with Agenda Information Memo • May 20, 1992 City Council Meeting NEW BUSINESS COUNCIL CHAMBERS AUDIO/VIDEO REMODEL/ELECTRONIC INTERIORS A. Authorization,Electronic Interiors'Proposal,Council Chambers Audio/Video Remodel-- Enclosed on page 53 is a me orandum fr m Cable Coordinator Reardon covering the t following items: on pages; through is a proposal for the Leve 1 improvements discussed at the May 5 work session, enclosed on pages through is a proposal for Levels 1 and 2 improvements and enclosed on pages through is a copy of the full proposal presented at that work session. As was directed by the City Council, staff contacted Burnsville City staff to discuss what, if anything, they would do differently now that their system is in. City Manager Konat indicated to the City Administrator that overall, Burnsville is extremely happy with the system as it was designed. They make use of all of the major components being considered for installation in the Level 1 and 2 improvements and they expect to make more use of the space in the future. In general, they made the following comments: 1) That the audience should be encouraged to come to the podium where a microphone • is available. If that is not possible, adequate audio capabilities should be provided for the audience to be heard from the floor. 2) Television monitors within the Council Chambers should be less intrusive than the large monitors which were installed in the Burnsville Council Chambers. It was suggested that more smaller monitors or strategically placed monitors would better serve the purpose. 3) If possible, specify dais microphones which minimize or eliminate the sound of rustling paper. • • If physically possible, sufficient room should be left between the edge of the dais and the dais monitors to allow adequate room for packets and support information to be spread out at each Council location. Ensure that the dais monitors are large enough to allow the Council to read all exhibits displayed from the presentation area. In addition, Mayor Egan has indicated that he would discuss the Council's perspective on this matter with Councilmember Glen McKee prior to Wednesday's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization for • the audio/video remodel of City Council Chambers as outlined in the Electronic Interiors' proposal for either Level 1 improvements or Level 1 and 2 improvements as presented. )--- M E M O R A N D U M • TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON 7- DATE: MAY 13, 1992 SUBJECT: ELECTRONIC INTERIOR'S PROPOSALS FOR THE COUNCIL CHAMBER'S MEDIA SYSTEMS RENOVATION BACKGROUND Attached is: Electronic Interiors Inc. 's (EI) two proposals for the retention of the firm's services to act as the City's "Electronic Media Consultants and Designers" , for the "Council Chamber Media Systems Renovation" ; and the firm's May 5 "Renovation" report to the Council. Based on the Council 's May 5 special work session meeting with EI, staff was directed to solicit a proposal(s) from the firm for its services for the Council ' s consideration at the May 20 Council meeting. The attached proposals outline EI 's scope of services that would be performed for either the development of only the Level 1 renovation approach, or the combined Levels 1 and 2 renovation. The proposal for Level 1 includes fees for services not to exceed • $6, 800, plus direct reimbursable charges not to exceed $400. The fees for services in Levels 1 & 2 , are $13 , 300, plus reimbursable expenses of $700, both not to exceed. amounts. Please note: the total project costs for either renovation proposal (Level 1 - $66, 600, or Levels 1&2 - $124,700) are only estimated costs for the projects. However, the fees for services will remain at the respective Level limits regardless of total project expense. • ACTION REQUESTED It is staff' s request, that the Council consider Electronic Interior' s proposal (s) at the May 20 Council meeting. In addition to the Council ' s consideration of the proposal(s) , it is my recommendation that any motion to accept and proceed also include authorization to allocate the use of the City's Retained Franchise Fees to cover the expense of all project costs. CLOSURE If you have any questions, please do not hesitate to call. It is my intention to be present at the May 20 meeting. • • Proposal for Electronic Interiors Inc. to act as Electronic Media Consultants and Designers to The City of Eagan Mayor Tom Egan Councilmember Ted Wachter Councilmember Pam McCrea Councilmember Tim Pawlenty Councilmember Patricia Awada City Administrator Tom Hedges Assistant to the City Administrator Jon Hohenstein Cable Coordinator Mike Reardon for Phase II Council Chamber Media Systems Renovation Level 1 • May 20, 1992 • Our Understanding Of The Project a 'Scope of Work I The scope of this proposal includes technical specifications, complete installation drawings and details for a technical media systems package as outlined in the City of Eagan's "Council Chamber Media Systems Renovation - Level 1'.', developed by Electronic Interiors Inc., dated May 5, 1992. Approximate project budget being - $66,600. Our services will include the following areas as they apply to technical media systems. Part 1: Technical Systems Equipment Design Development and Construction Document Phase Bid Issue Phase Part 2: Construction Observation 5 IServices Provided I Our proposal includes the following services: Part 1: Technical Systems Equipment • Design Development and Construction Document Phase includes: 1. Single line inter-connections drawings showing equipment to be installed. 2. Mounting details, locations, finish notes, etc. • 411• 2 3. Bid specifications. • 4. Specifications covering wireways and power provisions for control room. om. Product Complete bid package including text specifications with bid procedure, bid forms, general procedures and installation requirements.-Technical drawings and accessory details included. • Bid Issue Phase includes: 1. Bid review and recommendations. 2. Respond to bid questions. Part 2: Construction Observation • Construction Observation Phase includes: 1. Coordination of technical system construction and installation and site 40 meetings. 2. Discrepancy coordination, change order processing. 3. Punch list issue and resolution. 4. Sign-off and technical systems contractor release. 5. Shop drawing review. • • Product Change Order forms, contractor payment documents, meeting notes and punch lists. • 3 S Approach Electronic Interiors Inc. is a consulting and design firm specializing in electronic media technology as it relates to systems and environments. We are representatives of the Owner and Architect and have no affiliation with vendors, who are representatives of the manufacturers. Our systems are designed solely to meet the needs of the Owner and User. Selection of equipment is based upon the equipment's technical merits and the vendor's and manufacturer's ability to support that equipment. Vendor developed designs are counter to the system needs due to the vendor's equipment bias. We do not base our fees on a percentage of the project budgets. The consulting and design time required is not necessarily proportionate to the cost of the new equipment to be purchased or proportionate to a percentage of cost based on square footage estimates. Our approach eliminates design compromise and promotes flexibility while motivating the project team to be cost conscious during budget development. We Strive for, and excel in, completeness and detail in the final product to our clients. Fees Electronic Interiors proposes to provide the professional services indicated above on a time and materials basis not to exceed $6,800 plus direct cost reimbursables. 40 Change orders after the final design approval by the City of Eagan will be billed additionally as defined in this document. Electronic Interiors Inc. fees will be computed on the basis of hourly rate time charges as follows: • Principle Consultant is billed at Ninety-five Dollars ($95.00) per hour. • Associate Consultant is billed at Seventy-nine Dollars ($79.00) per hour. • Designers are billed at Fifty-eight Dollars ($58.00) per hour. • CAD is billed at Thirty-five Dollars ($35.00) per hour. • Research is billed at Thirty Dollars ($30.00) per hour. • Clerical is billed at Nineteen Dollars ($19.00) per hour. We will require a retainer of 15% of procured services total fee at contract signature to be applied to the final billing. • • 4 In addition to the compensation for professional services, direct cost reimbursables incurred by Electronic Interiors Inc. in the performance of the services provided for above such as, but not limited to, reproduction costs, mileage, parking, travel expenses, renderings, and reproductions thereof, messenger or air mail services, rental of special equipment, and outside services shall be reimbursed. These reimbursable charges will not exceed $400. Invoices are posted bi-monthly for all time charges and expenses incurred during each month with the balance due in full thirty (30) days after receipt of invoice. We maintain for inspection a complete project record of all time expended. Electronic Interiors Inc. would be permitted to make photographs or other reproductions of the work, or any portion thereof, and to publicly display the same through news media or otherwise with due credit and with stated permission from the City of Eagan. Electronic Interiors Inc., upon request may enter the Owner's premises for the purpose of making photographs or other reproductions. The City of Eagan would in no way reproduce, distribute or send documents issued by Electronic Interiors Inc. without our company name and copyright notice displayed. The City of Eagan would not use any of Electronic Interiors Inc. originated material for any purpose beyond the scope of the project. • 50 • Proposal for Electronic Interiors Inc. to act as Electronic Media Consultants and Designers to The City of Eagan Mayor Tom Egan Councilmember Ted Wachter • Councilmember Pam McCrea Councilmember Tim Pawlenty Councilmember Patricia Awada City Administrator Tom Hedges Assistant to the City Administrator Jon Hohenstein Cable Coordinator Mike Reardon for Phase II Council Chamber Media Systems Renovation Levels 1 and 2 May 20, 1992 • .59 Our Understanding Of The Project • Scope of Work The scope of this proposal includes technical specifications, complete installation drawings and details for a technical media systems package as outlined in the City of Eagan's "Council Chamber Media Systems Renovation- Levels 1 and 2", developed by Electronic Interiors Inc., dated May 5, 1992. Approximate project budget being $124,700. Our services will include the following areas as they apply to technical media systems. Part 1: General Construction Provision • Design Development Phase • Construction Document Phase • Bid Issue Phase II Part 2: Technical Systems Equipment • Design Development and Construction Document Phase • Bid Issue Phase Part 3: Construction Observation • 2 x.51 O Services Provided • Our proposal includes the following services: Part 1: General Construction Provisions • Design Development Phase includes: 1. Architectural space allotment and ratios. 2. Architectural millwork and casework requirements, dimensions and locations. 3. Technical systems raceway and device design. 4. Special power locations and performance requirements. 5. Technical lighting, zone/level performance requirements, control system requirements. 6. Specifications for equipment to be built-in to base contracts. • Construction Document Phase includes: 1. Preparation of bid set. 2. Verification of Technical Systems compatibility. Product CAD Drawings & Specifications to include: • • Gridding/Notations • Demolition • Location Details • Framing • Raceway • Electrical • Mounting Details • Millwork Design for Chamber • Millwork Design for Construction Details • Bid Issue Phase includes: 1. Bid review and recommendations. 2. Respond to bid questions. • 3 . • 0 Part 2: Technical Systems Equipment • Design Development and Construction Document Phase includes: 1. Single line inter-connections drawings showing equipment to be installed. 2. Mounting details, locations, finish notes, etc. 3. Bid specifications. Product Complete bid package including text specifications with bid procedure, bid forms, general procedures and installation requirements. Technical drawings and accessory details included. Re-issue of architectural and electrical drawings for reference as required. • Bid Issue Phase includes: 1. Bid review and recommendations. 2. Respond to bid questions. • Part 3: Construction Observation • Construction Observation Phase includes: 1. Coordination of technical system construction and installation and site meetings. 2. Discrepancy coordination, change order processing. . • 3. Punch list issue and resolution. 4. Sign-off and technical systems contractor release. 5. Shop drawing review. Product Change Order forms, contractor payment documents, meeting notes and punch lists. • 4 . 6, • IApproach I - - - — Electronic Interiors Inc. is a consulting and design firm specializing in electronic media technology as it relates to systems and environments. We are representatives of the Owner and Architect and have no affiliation with vendors, who are representatives of the manufacturers. Our systems are designed solely to meet the needs of the Owner and User. Selection of equipment is based upon the equipment's technical merits and the vendor's and manufacturer's ability to support that equipment. Vendor developed designs are counter to the system needs due to the vendor's equipment bias. We do not base our fees on a percentage of the project budgets. The consulting and design time required is not necessarily proportionate to the cost of the new equipment to be purchased or proportionate to a percentage of cost based on square footage estimates. Our approach eliminates design compromise and promotes flexibility while motivating the project team to be cost conscious during budget development. We strive for, and excel in, completeness and detail in the final product to our clients. Fees Electronic Interiors proposes to provide the professional services indicated above on a • time and materials basis not to exceed $13,300 plus direct cost reimbursables. Change orders after the final design approval by the City of Eagan will be billed additionally as defined in this document. Electronic Interiors Inc. fees will be computed on the basis of hourly rate time charges as follows: • Principle Consultant is billed at Ninety-five Dollars ($95.00) per hour. • Associate Consultant is billed at Seventy-nine Dollars ($79.00) per hour. • Designers are billed at Fifty-eight Dollars ($58.00) per hour. • CAD is billed at Thirty-five Dollars ($35.00) per hour. • Research is billed at Thirty Dollars ($30.00) per hour. • Clerical is billed at Nineteen Dollars ($19.00) per hour. We will require a retainer of 15% of procured services total fee at contract signature to be applied to the final billing. • • 5 e': • In addition to the compensation for professional services, direct cost reimbursables incurred by Electronic Interiors Inc. in the performance of the services provided for above such as, but not limited to, reproduction costs, mileage, parking, travel expenses, renderings, and reproductions thereof, messenger or air mail services, rental of special equipment, and outside services shall be reimbursed. These reimbursable charges will not exceed $700. Invoices are posted bi-monthly for all time charges and expenses incurred during each month with the balance due in full thirty (30) days after receipt of invoice. We maintain for inspection a complete project record of all time expended. Electronic Interiors Inc. would be permitted to make photographs or other reproductions of the work, or any portion thereof, and to publicly display the same through news media or otherwise with due credit and with stated permission from the City of Eagan. Electronic Interiors Inc., upon request may enter the Owner's premises for the purpose of making photographs or other reproductions. The City of Eagan would in no way reproduce, distribute or send documents issued by Electronic Interiors Inc. without our company name and copyright notice displayed. 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Agenda Information Memo May 20, 1992 City Council Meeting • VARIANCE/BIRCH PARK ADDITION B. Variance,Norman & Bonnie Johnson,of 10 Feet to the Frontyard Setback off Deerwood Drive for Lot 14, Block 6, Birch Park Addition—An application has been received from Norman & Bonnie Johnson for a variance of 10 feet to the required 40 foot setback along Deerwood Drive for Lot 14, Block 6, Birch Park Addition. For additional information with respect to this application, please refer to the le unity Development Department staff report which is enclosed on pages a through a for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 10 feet to the required 40 foot setback along Deerwood Drive for Norman & Bonnie Johnson for property at Lot 14, Block 6, Birch Park Addition as presented. • f._.5 • SUBJECT: VARIANCE • . . APPLICANT: NORMAN & BONNIE JOHNSON LOCATION: NW QUARTER SECTION 22 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) DATE OF PUBLIC HEARING: MAY 20, 1992 DATE OF REPORT: MAY 11, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 10' from the required 40' setback along Deerwood Drive for Lot 14, Block 6, Birch Park Addition. The lot is surrounded by single family residential and is located north of Deerwood Drive, just west of Denmark Avenue. COMMENTS: The site has severe topography and some mature tree growth. The applicant is proposing to position the home in the very southwest corner of the site at an angle to ED follow the natural slope of the land with the least amount of disruption to the site's natural amenities. As proposed, only a portion of the garage will not meet the 40' setback while the entire home will be set back more than 40'. The applicant believes this Variance would allow a stable driveway to be built, avoid surface drainage problems, and make it possible to save some of the mature oak trees. If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. • 2. All other applicable City Codes. E. ,f 1 1. Rl' q •.I lit��li ...._-3-___,___tt- i MFR ND' ji.,..744.0ki��—��>;t AGAN n ! u~ rfEM N6 /�rA q�1 I, MUNICIPAL 3 1 I:Ci nr al �i NG II N+OM iao G;, .t.l.l ' CENTER.wnd,∎kF S! c t � N u. ! .II , e e- �.9ei m't I!� w . /;`slvew ■∎ v` i,I `Q„ NV 'y 4 1 '-""fag'/(1 t oO:Rl it), !Yei Nj ,, �al fI r,I 6"410N NLL RIL. •Jr 1r,r)(9 = t1 1 Rpn 1 Ut;t u l M Q 4),.m. ,HO I ki 1. tl!-'• /:17•II I «w' 1 ) 11 7��' ■�l Hw,.4 /CT r IAr •.., 4. 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Variance, Roger Salen, of 20 Feet to the 50 Foot Setback on Johnny Cake Ridge Road for Lot 49, Block 2, Mallard Park Third Addition—An application has been received from Roger Salen for a variance of 20 feet to the required 50 foot setback along Johnny Cake Ridge Road for Lot 49, Block 2, Mallard Park Third Addition. For additional information with respect to this application, please r to the Community Development Department staff report which is enclosed on pages jin through Ti for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 20 feet to the required 50 foot setback along Johnny Cake Ridge Road for Roger Salen for Lot 49, Block 2, Mallard Park Third Addition as presented. • • SUBJECT: VARIANCE • APPLICANT: ROGER SALEN LOCATION: NW QUARTER SECTION 28 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) • DATE OF PUBLIC HEARING: MAY 20, 1992 DATE OF REPORT: MAY 11, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 20'Variance to the required 50' setback along Johnny Cake Ridge Road for Lot 49, Block 2, Mallard Park 3rd Addition. The lot is surrounded by single family residential and is located at the SW intersection of Johnny Cake Ridge Road and Teal Cove. COMMENTS: The lot has severe topography that falls from NE to SW down to a wetland. The majority of the site consists of scrub grass except for tree growth near the lowlying area in the SW corner. The site currently contains a large amount of construction debris. • According to the applicant, this request is due to the existing terrain and soil conditions and that meeting the 50' setback will require more block, soil, and compaction of suitable soils. The applicant states he will incur extra cost for the footings and foundation even with the 20' Variance. The Variance will allow less disruption to the natural drainage and the applicant believes the home will look more balanced on the lot like other homes on Teal Cove. . If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. • 2. All other applicable City Codes. •in,,,,,,,1, -6,), - -1 - ---zr- 7------ „„,,,----„,-ca . .„-- --,---- , • �. :1.M 43 J � IR T II WAr /// • k . a'f will l; . S.__ hr >' DR a 5.1::1 f'I ,f,2_N f Qf.l r f ii ',/,.: 5 ,,NW 1 E • ao NW:t:: oh 1 NE em. :v 5 / tIr 84 �f,r ST �;� TT i ,��e is F�- 'spa.. ' . 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I 1// ! °.,, •1 1• W 1 r I )�Ij11,I11 1 t/\/ I ' I'o\ t h 1,1;' ( � — ,I'1 x I III I11r // ' ''r� ill I ' l•, t. ( 11 ," 1 x ill, 1111 1 11 11 I1 1/ %I r lr l r x I I l 1 1j1111 1(l l 1 _ I I 111, 1 ) /r•- y_ ' )', 111ji I M � i1j111f111111j111 \\1 +IIIIIIIIi 1 ■ 1'. I / ,' 1. 111 1 r 11 11 1111 1 i 11 \';\\ `\ +``_ rti',111`1111111 // u 1 1 1 1 1 Iri1 \ l W • - / r' i / I III 1 x , I \ \\ 11 - tl 111111 111 1 1 r > I i , I I 1 xT 11 1 11i1 t11111 % ■ t 't 111 t Ir, �,• o / C� I 11 1 I rZ I I \01/41 ,,\ .v?`r t /111 \\ \_._ ,I,: ' 'I'1*„ •1 r (' 1,/. ' I 1 1 r Z III 1 I\\' .'. _ r r t I t'1 '�I/t r�.• A t'1 , I ,'fr r 1 r 1 1 1\� .� 1\ t - f' 4, ./ /1I r / 1 I \ ' t' 11 I % , I 11 1 1 /' ',•: r i •-,t_� - ,',/I' '' ' \" 11'11111. 1 I I�1' 11\1 \\� o� i/ �:jl���; 'ri 7'i ■ 1 tr/ , .11,. 11 I t M r F 1 11 `p• - u- � ��/ - , , �-. Yf 0 �o • • '' PIONEER Mendota Heights, MN 55120 +E __ _ _ __W0 SUR•tror.•ayk ENCrcr u; (612) 681-1914•Fox 681-948p engineering LAND PUNNERS• troroi0APr. AecTe T(CS 4 625 Hlghwoy 10 NortheoSt •t * * Blaine, MN 55434 (612) 783-1880•Fax 783-188. C • ertificate of Survey for: Roger Sa len House Address: 1843 Walnut Lane. Eagan, MN \ \ / \ f )� . • \ • r\_ 9*/- • ' R = 60.00 r?`- 29,15 \ 1 7 p 79'Ot'S0�1 \ —i t�� ° 0.. --- =�_---= _ 9296 \ \\ '�J2m s'...9--'''-'1 Z � S \ i�" ! ;j/ L=8276 eyA \\'Zk5› \ \.7 (9p \Vc \•1 — — \\ e \\ ,\ so g; 9tib. \ \ .7 -- --w-. __ \ c \ a ^O Y.9'3.7"3_ - �� i \ .:, . V 'V pt: f o ._ -l.i._ 20 1, \ '1r ■•ry 07"h n HOUSE I 16.00 929,0 K 29.QCJ 7 .�- ,Iti L..,%.1. ti . to c [,_•;ra-„ I GARAGE / n foie �y�d (',f ry dk;E-6,ry- 1 n / , h► d zp,y /? 0 9,0 ,o. •-• • ��r YV1 ..w - - e t6 Jd s-/Z ���/ o c-� — -f er y� / 004 �O ..., 0-� h� `V N. g ��• / v�4 � �O /� • ` d �' / i , P� /S is 66, .pU ' � , `l2`, i r • �7 . ° 9.317 �Q_ / your: Denotes Lxisting Elevation PROPOSED HOUSE ELEVATION ,ey� .3> Denotes Proposed Elevation Lowest Floor Elevation: ?2.7.!Z__ - — - Denotes Drainage k Utility Easement lop of Block Elevation: 90r33 -----Denotes Di uinoge Flow Direction —o— Denotes Monument .Garage Slob Elevation: g3o,o —s— Denotes Offset Hub Bearings shown are assumed . LOT 49-1 RI__OCK 2 MALLARD PARK DAKOTA COUNTY, MINNFSOTA 3RD_ ADDITION 1 ha eb, col Nf, 11,6, II.•s sut.ey,Ptnn P' tryr,.t wet pteperhl by re or unaer my direct supervision and that 1 am duly Registered Lend Survey°. • °1•611,the Inge of the St.,t•.,1 M.,,,,e.nt•,rrat•d thh:`_I tl day of =�.._,�___.A.P.19_12... i-'.:.'• iIi/(q /,.^.ova ,,,,. -,,s .-) I,. / Inch. (*- 1 �� �Y _'�aoeERT ;tt,1t L.SI nEG.FM.141191 JCDIC: { JO - - 1 92'80.00 ^ I • 41) Agenda Information Memo May 20, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT LEXINGTON POINTE 8TH ADDITION D. Comprehensive Guide Plan Amendment,Lexington Pointe 8th Addition/James A.Curry & C David Schenkel, Changing the Land Use Designation of Approximately 65 Acres from CPD (Commercial Planned Development)to D-I(Single Family Residential,0-3 units/acre), a REZONING of Approximately 65 Acres from CSC/PD (Community Shopping Center/Planned Development) to R-1 PD (Single Family Planned Development) thereby Amending the Lexington South Planned Development, and a PRELIMINARY PLAT Consisting of 167 Single Family Lots and Six Outlots on 80.4 Acres Located in the Southeast Corner of Lexington Avenue and Diffley Road in the NW 1/4 of Sec 26—At its meeting of April 28, 1992, the Advisory Planning Commission considered the above referenced applications relative to Lexington Pointe 8th Addition. For additional information with respect to this item, please refer t9 the Community Development Department staff report whic is closed on pa es �f 4 through ,CO for your review. Also enclosed on pages , ?through /.2 is a copy of the Advisory Planning Commission minutes in this regard. The APC is recommending approval. Also enclosed Eg on page /9 is a copy of a memorandum from the Parks and Recreation Department indicating the recommendations of the Advisory Parks, Recreation and Natural Resources ioCommission for this plat. Staff would next direct your attention to the supplemental Community Development Department staff report which is enclosed on pages 3()through/,36,. This memorandum outlines several issues which need to be clarified and some remaining issues relative to this plat. As is outlined in the first page of the memorandum, conditions 3, 9, 14 and 16 were modified by the Advisory Planning Commission. Unfortunately, in the process of compiling the final staff report in this regard, a revised set of conditions regarding streets and utilities was inadvertently omitted. These are outlined in the second page of the supplemental report. It was staffs intention that these conditions be included in place of conditions 11-15 in the original report. It is further recommended that original condition 14 which had been modified by the APC be renumbered as condition 17 for consideration by the Council. Also attached to the supplemental memorandum is a traffic report prepared by Bob Byers of Short Elliott Hendrikson to address traffic and circulation concerns. The major issues which are addressed concern the possibility of aligning the south access with the esplanade to the north to create a four way intersection. While the traffic report indicates that this alignment would present concerns with the current configuration of the north and south subdivisions, there is a potential to relocate these accesses slightly or introduce a curvilinear aspect to cul-de-sac B on the south to address these concerns. This and the remaining issues raised by the traffic report will be addressed in a supplemental memo from public works to be distributed with the administrative packet next week. At the present time, this is • considered to be an option which can be addressed by the City Council with their approval of the plat. qc;__ Agenda Information Memo • May 20, 1992 City Council Meeting The traffic report also indicates that warrants are not currently met for a four-way stop at the four-way intersection. It has been the City's experience, however, that neighborhood petitions are received in situations such as this to improve trailway safety and reduce speeds along roads which function as minor collectors as this is anticipated to do. This issue will also be addressed in the supplemental public works memo and as an option for Council consideration. It is also a suggestion of the traffic report that the plat be revised to allow Lexington Pointe Parkway to be the through street and that Eagan Center Road 'T' into it. Engineering has indicated that either the original configuration or the through street configuration can be considered, but that treating Lexington Pointe as a through street will increase the potential need for stop signs in the near future. A final related issue is that the location of the south access is too close to the Lexington Pointe Parkway/Eagan Center Road 'T' intersection under the original design. If the original design is approved by the City Council, it will be necessary to relocate the south access further to the east and may also be a reason to align it with Lexington Pointe Esplanade. To reiterate, the above concerns will be addressed in a supplemental public works memo. • Each of the options outlined needs to be determined by the City Council based on available information, staff reports and presentation. In addition, the original conditions 11 - 13 and 15 as reflected in the staff report and APC minutes will be replaced by conditions 11 - 15 as reflected on the second page of the supplementary Community Development Department staff report and original condition 14 relative to street widths and right-of-way widths will become condition 17 and will also be addressed in the supplemental public works memo. While it was unfortunate that all of these issues have not been resolved prior to Council consideration, staff is making every effort to facilitate the time of consideration of developments and will attempt to better clarify the issue in time for Wednesday evening's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive guide plan amendment for Lexington Pointe 8th Addition/James A. Curry and C. David Schenkel, changing the land use designation of approximately 65 acres from CPD (commercial planned development) to D-1 (single family residential, 0 - 3 units per acre), 2) rezoning of approximately 65 acres from CSC/PD (community shopping center/planned development) to R-1 PD (single family planned development) thereby amending the Lexington South Planned Development and 3) a preliminary plat consisting of 167 single family lots and six outlots on 80.4 acres located in the southeast corner of Lexington Avenue and Diffley Road in the NW 1/4 of Section 26 as presented. • • SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLAT (LEXINGTON POINTE 8TH ADDITION) APPLICANT: JAMES A. CURRY & C. DAVID SCHENIEL LOCATION: NW 1/4 OF SECTION 26 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: APRIL 28, 1992 DATE OF REPORT: APRIL 22, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment changing the land use designation of approximately 65 acres from CPD (Commercial Planned Development) to D-I (Single Family Residential, • 0-3 units/acre), a Rezoning of approximately 65 acres from CSC-PD (Community Shopping Center-Planned Development) to R-1-PD (Single Family-Planned Development), thereby amending the Lexington South Planned Development, and a Preliminary Plat consisting of 167 single family lots and four outlots on 80.4 acres located in the SE corner of Lexington Avenue and Diffley Road. BACKGROUND: Lexington Pointe 8th Addition is included in the Lexington South Planned Development which has been in existence since June 21, 1976. The total acreage of the Planned Development is 1,153 acres. In 1990,the subject area became part of the proposed Eagan Center Planned Development which included a retail mall, ice arena, YMCA, movie threatre, restaurant, auto-related uses, and entertainment uses. The PD Agreement was • never formally approved and the application was withdrawn in March 1991. Originally, the Lexington Pointe.8th Addition was submitted for the March 24, 1992 Advisory Planning Commission. This item was continued at the applicant's request prior to the meeting. That proposal included 27 lots and six outlots. Meetings were held with the owners of the property north and south of the proposed Lexington Pointe Parkway to explore the potential of platting all 80.4 acres with this submission. The development of the entire site as commercial was determined by the developers to be excessive and cannot be absorbed into the next decade. In May 1988, Laventhol and • Horvath prepared a retail commercial mar ket analysis of the Ci ty of Eagan. The purpose of this study was to provide information regarding the level of supportable commercial space . • within the City through the year 2010. The information provided (building sq. ft. and acreages) was to be used for policy decisions regarding commercial growth in Eagan. Major g • retail nodes were identified and the Lexin t on and Diffle y are a was identified fied m the study • as node #4. Node #4 was found to have an excess of acreage in the retail commercial space categories. The study shows the supportable acreage of this site as being approximately 11 acres for the length of the study period. The developer is proposing a total of 11.6 acres for commercial. Staff has been working with the owners and developers (Brad Swenson to the south of Lexington Pointe Parkway and Bob Engstrom who is-developing the land north of Lexington Pointe Parkway) of this proposed project with regard to engineering and planning concerns. After a month of further consideration, the applicants have resubmitted new plans addressing all concerns. • EXISTING CONDITIONS: The proposed site is located south of Diffley Road (County Road 30), east of Lexington Avenue (County Road 43),north of Walnut Hill Park, and west of Lexington Pointe 3rd, 6th, and 7th Additions. The zoning of the surrounding properties is PF (Public Facilities) to the north, PD/R-1 to the east, and PK (Park) to the south and the west across Lexington Avenue. The Comprehensive Guide Plan indicates Public Facility to the north with a small area of D-III (Mixed Residential, 6-12 units/acre), D-1 (Single Family, 0-3 units/acre) to the east, Parks to the south and west,with a small portion of D-III across Lexington Avenue. A pond is located in the SE portion of the proposed plat (Lots 60-69). This pond will serve as a storm water pond, as well as an amenity to the plat. PROPOSAL: The applicant is proposing to plat 167 single family lots ranging in size from • 10,500 sq. ft. to 72,500 sq. ft. These meet, or exceed, the requirements of the Lexington South Planned Development Agreement. Also, included in the plat are four outlots ranging in size from 1.64 acres to 5.05 acres. At this time, the Rezoning and Comprehensive Guide Plan request is only for the 167 single family lots, however the total area of the Preliminary Plat is for the entire 80.4 acres. The four outlots will remain zoned CPD (Commercial Planned Development). Access to the site is from Lexington Avenue from the west and a temporary cul-de-sac at Lexington Pointe Parkway from the east. The R.O.W. width along Lexington Pointe Parkway abutting the single family homes is 60'. A 32' or less street and no parking is proposed by the developer. Access from the north is from existing Daniel Drive to the • proposed Eagan Center Road. The plan indicates six cul-de-sacs serving the 89 lots to the north and four cul-de-sacs serving 78 lots to the south of Lexington Pointe Parkway. The proposed plan shows 34 single family lots which will have double frontage to the north of Lexington Pointe Parkway and 14 to the south. Proposed in this addition are 18 flag lots at the end of the cul-de-sacs ranging from 20' minimum frontage on Lot 60, Block 1,in the southern half of Lexington Pointe 8th Addition • to 50' on Lot 57 in the same cul-de-sac. However, the average is approximately 35' with most being near 30' on the north side of Lexington Pointe Parkway. A Variance will be • required to allow less than a 50' minimum lot frontage for the seven lots to the south and • • • eleven lots to the north for a total of 18 flag lots. The plan contains the flag lots on the end of the cul-de-sacs which the developer believes have some important advantages, including the building of L-shaped garage home configurations, easy siting of three-car garages, setback variety, and the ability to plat a more-creative land plan without losing a large number of lots. The developer,Bob Engstrom Companies,has developed lots similar to this at High Point at Elm Creek in Champlin. He is also proposing a boulevard with one way streets and a pathway serving six cul-de-sacs and 89 homesites on approximately 31.8 acres. The one-way street is proposed to be 16' wide to provide snow plowing efficiency and is proposed to provide visual impact through boulevard planting. The developer proposed this • plan to provide pedestrian and vehicular access to the commercial areas while avoiding "short cut" traffic. The minimum lot width at the building line is 73'for all lots and the developer is proposing a side yard setback of 5'on each side. The request for 5'setbacks would require a Variance of 5' to the side setback for all dwelling units in this development. No driveways are proposed for Lexington Pointe Parkway; the developer felt it would be a safety hazard as well as a visual deterrent to have so many driveways on a collector street. The commercial areas are designated as outlots on the plan and are located along Diffley Road and Lexington Avenue. There is an existing day care facility abutting Lexington Pointe Parkway to the south on Lexington Avenue and also an existing strip mall to the north of Patrick Road on Lexington Avenue. Eagan Center Drive is the proposed street which will • separate the commercial and interior residential areas. These commercial areas will need to be landscaped well in order to buffer themselves from the adjacent residential use. Special landscape features have been prepared for the double fronted lots including a 42" black chain link fence in a staggered design with gates, and trees, shrubs, and perennial for plantings.s. A Homeowners' Association document will prohibit the placement of structures or storage of materials along the back 20' of the lot, the main vehicular pedestrian street to be landscaped with trees, shrubs, and perennials. It will also provide initial and continuing architectural approval and the maintaining of median landscaping. Landscaping requirements will be required similar to The Woodlands and Engstrom's Deerwood Additions. This would include planting along the back lot lines and shrub, flower planting area, adjoining the front lot line. A trail connection to the commercial and adjoining residential areas is provided near Diffley • and Daniel Roads. The trail continues down the center of the landscaped boulevard and connects with the trail along Lexington Pointe Parkway, then southerly through the new development to the Walnut Hill neighborhood park. This trail needs to be installed prior to landscaping in the median. . • PARKS & RECREATION: The Advisory Parks, Recreation and Natural Resource Commission will be reviewing this plat at the May 7, 1992 meeting. Staffs preliminary recommendation to the Commission is the development be subject to both a cash parks and • trails dedication. The proposal also includes the north/south trail corridor from Daniel Drive to the Highline Corridor. Preliminary review indicates that the trail alignment is feasible and q • eleven lots to the north for a total of 18 flag lots. The plan contains the flag lots on the end of the cul-de-sacs which the developer believes have some important advantages, including the building of L-shaped garage home configurations, easy siting of three-car garages, setback variety, and the ability to plat a more-creative land plan without losing a large number of lots. The developer,Bob Engstrom Companies,has developed lots similar to this at High Point at Elm Creek in Champlin. He is also proposing a boulevard with one way streets and a pathway serving six cul-de-sacs and 89 homesites on approximately 31.8 acres. The one-way street is proposed to be 16' wide to provide snow plowing efficiency and is proposed to provide visual impact through boulevard planting. The developer proposed this plan to provide pedestrian and vehicular access to the commercial areas while avoiding "short cut" traffic. The minimum Iot width at the building line is 73'for all lots and the developer is proposing a side yard setback of 5'on each side. The request for 5'setbacks would require a Variance of 5' to the side setback for all dwelling units in this development. No driveways are proposed for Lexington Pointe Parkway; the developer felt it would be a safety hazard as well as a visual deterrent to have so many driveways on a collector street. The commercial areas are designated as outlots on the plan and are located along Diffley Road and Lexington Avenue. There is an existing day care facility abutting Lexington Pointe Parkway to the south on Lexington Avenue and also an existing strip mall to the north of Patrick Road on Lexington Avenue. Eagan Center Drive is the proposed street which will separate the commercial and interior residential areas. These commercial areas will need • to be landscaped well in order to buffer themselves from the adjacent residential use. Special landscape features have been prepared for the double fronted lots including a 42" black chain link fence in a staggered design with gates, and trees, shrubs, and perennial for plantings. A Homeowners' Association document will prohibit the placement of structures or storage of materials along the back 20' of the lot, the main vehicular pedestrian street to be landscaped with trees, shrubs, and perennials. It will also provide initial and continuing architectural approval and the maintaining of median landscaping. Landscaping • requirements will be required similar to The Woodlands and Engstrom's Deerwood Additions. This would include planting along the back lot lines and shrub, flower planting area, adjoining the front lot ' J g line. 0 1 A trail connection to the commercial and adjoining residential areas is provided near Diffley and Daniel Roads. The trail continues down the center of the landscaped boulevard and connects with the trail along Lexington Pointe Parkway, then southerly through the new development to the Walnut Hill neighborhood park. This trail needs to be installed prior to landscaping in the median. PARKS & RECREATION: The Advisory Parks, Recreation and Natural Resource Commission will be reviewing this plat at the May 7, 1992 meeting. Staff's preliminary recommendation to the Commission is the development be subject to both a cash parks and 410 trails dedication. The proposal also includes the north/south trail corridor from Daniel Drive to the Highline Corridor. Preliminary review indicates that the trail alignment is feasible and 1 • provides effective pedestrian circulation. Lastly,staff is awaiting a detailed tree massing plan • which indicates tree preservation/loss along the south property line. Future evaluation of the developmental impact to the woodland resource is pending. • • • • • • • • • GRADING/DRAINAGE/EROSION CONTROL: The existing terrain on the north side of Lexington Pointe Parkway is fairly flat with no trees on the site. Grading for the area north of Lexington Pointe Parkway will consist of creating berms along the north and west sides of the developed area and cuts of up to 5 feet along Pointe Esplanade as it slopes to the south. Grading for the area south of Lexington Pointe Parkway will consist of cutting of the westerly portion by up to 8 feet and fills of 6 feet in the house pad areas along the south property line. The grading along the south property line adjacent to the park shall be minimized to lessen the impact to the trees in this area. The preliminary grading plan shows regrading and shaping of Pond JP-50 to meet storm water retention needs and water quality requirements. Pond JP-50 is a designated ponding area identified in the City's Comprehensive Stormwater Management Plan. The contours for pond grading as shown on the plans submitted for review for this report show a pond with a 100 year storm event storage capacity of 7.9 acre/feet. This required pond storage volume should be 10.6 acre/feet to serve the 71 acres that will contribute to the pond. This grading plan should be revised to show contours meeting this required storage capacity. Pond JP-50 currently outlets to the north to Pond JP-28. A trailway will be graded along the west slope of Pond JP-50 and along Lexington Pointe Parkway as part of the City of Eagan Parks Department trailway system. This trailway will also continue up Esplanade Pointe to the north and easterly over to Daniel Drive along the south side of Eagan Center Road. • The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This development is located in the south central region of drainage basin J. The nearest downstream recreational class water body is Pond JP-9 in Patrick Eagan Park, a Class H lake intended to have water quality sufficient to support indirect contact recreation. Pond JP-9 does not currently meet the water quality standards set for it in the City's Water Quality Management Plan. • On-site ponding to meet the water quality standards for a portion of this development is both desirable and feasible. A partially constructed pond, Pond JP-50, lies in the southeast corner of the development. This pond will be used to treat stormwater from the roughly 70 acres of the parcel that will be developed for single family residential use. The remaining 10 acres along Diffley Road are zoned for commercial uses but will be platted as outlots. The developer has elected to deal with water quality requirements for that area when it is re-platted for development at a later date. Stormwater runoff from about 54 acres of the Lexington Pointe 8th Addition will drain to JP-50 under the proposed storm sewer configuration. The remaining 16 acres of the single- family lots will drain off-site around the edges of the development. However, 16.8 acres of the Lexington Pointe 3rd and 6th Addition will also drain to JP-50. The 3rd and 6th • Additions received preliminary plat approval prior to the effective date of the City's water quality ordinance. However, in order to meet treatment obligations for the proposed single '"'I • family area within the Lexington Pointe 8th Addition, Pond JP-50 must be used to treat runoff from the 3rd and 6th Additions to make up for area in the 8th Addition that cannot be intercepted by the pond. To provide adequate treatment, Pond JP-50 must have.a minimum surface acreage of 1.1 acres at the NWL, a minimum wet pond volume of 5.7 acre-feet, and a minimum average depth of 5.3 feet below the normal water elevation. The pond shall be constructed according to NURP standards and the pond design shall be approved by the City. In addition, installation of a skimmer on the outlet of JP-50 is required. This recommendation is subject to approval by the Advisory Parks,Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer to serve all 167 proposed lots within Lexington Pointe 8th Addition will connect to an existing manhole located approximately 350 feet east of Lexington Avenue along Lexington Pointe Parkway. This existing manhole connects to an 8" sanitary sewer that flows to Lexington Avenue and thence south. The sanitary sewer in Lexington Pointe Parkway and Lexington Avenue has sufficient capacity and depth to serve all of the lots within this plat. Watermain of sufficient pressure and capacity is readily available to serve this site from Daniel Drive,Diffley Road,Lexington Avenue,Patrick Road and Lexington Pointe Parkway. • The preliminary utility plan shows two water main connections; one connection in the northeast corner at the Eagan Center Road/Daniel Drive intersection and another connection in the southwest corner of the plat off Lexington Avenue. At the back of the report is a copy of the City's Water Distribution System Plan. The Plan shows that a 12" trunk water main shall be constructed along the alignment of Eagan Center Road from Daniel Drive to Patrick Road and then to Lexington Pointe Parkway. If the change in zoning and land use from Commercial to Single-Family Residential in the 8th Addition is approved, then the City should re-analyze the size and location of the trunk water main in Eagan Center Road. • Also shown on the Water Distribution System Plan is an 8" water main that shall be constructed on Lexington Pointe Parkway through this development. The location of the 8" water main loop through this development also needs to be analyzed. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided by the construction of Lexington Pointe Parkway from Lexington Avenue to the connection to the east in Lexington Pointe 3rd Addition. The 89 lots on the north side of Lexington Pointe Parkway are proposed to connect to Lexington Pointe Parkway in one Iocation approximately 1,000 feet east of Lexington Avenue. The 78 lots on the south side - of Lexington Pointe Parkway are proposed 'to connect in one location also, but this intersection is shown to be 500 feet east of Lexington Avenue. City staff recommends that . • the connection point for the 78 lots to the south shall be shifted to the east to match the same intersection of the 89 lots to the north. This intersection will require a four-way stop 200 . • sign. The four-way stop intersection will provide a controlled intersection for pedestrian crossings along Lexington Pointe Parkway,which is designated as a Neighborhood Collector street. The platting of the lots along Eagan Center Road will require the construction of this street from Daniel Drive to Lexington Avenue. The completion of Eagan Center Road will allow the lots that abut the street to complete their landscaping. The developer has the option to construct Eagan Center Road privately or under a public improvement contract. If the developer petitions the City to construct Eagan Center Road, the public hearing must be held and the project approved by Council before final plat approval. Attached at the back of the report are cross-sections of Eagan Center Drive and Lexington Pointe Parkway. The cross-sections show staff's recommendations for street and right-of-way widths, boulevard spacing and trail locations. The projected traffic volumes from the fully developed area will require two lanes of traffic at the following locations: 1. Westbound on Eagan Center Road from Lexington Avenue to Lexington Pointe Parkway; 2. Westbound on Lexington Pointe Parkway from Eagan Center Road to the east for • 200 to 300 feet; and • 3. Eastbound on Lexington Pointe Parkway from Pointe Esplanade to the west for 200 to 300 feet. The 2 lanes of traffic plus the one lane of traffic for the opposite direction will require a 40 foot wide street and no parking. In the other portions of Lexington Pointe Parkway and Eagan Center Drive, the minimum street width shall be 36 feet face to face with no parking on both sides. The 36 foot wide street will provide 2 lanes of traffic (one lane in each direction) and a safety zone along the curb for stalled vehicles or bicycle traffic. RIGHT-OF-WAY/EASEMENTS/PERMITS: This d evelopment shall dedicate all right-of- way and easements necessary for Lexington Pointe Parkway and Eagan Center Road and all other proposed public streets. This development will be responsible for dedicating ponding easements over Pond JP-50 up to the HWL of the pond. Also, drainage and utility easements shall be dedicated for all sewer and water lines that are constructed outside of the public right-of-way. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, MnDept. of Health, Dakota County, MnDOT, etc.) are acquired prior to final plat approval. O • fl � • FINANCIAL OBLIGATION - Lexington Pointe 8th Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer S.F. $720/lot 166 lots $119,520 Trunk Water Trunk S.F. 750/lot 89 lots 66,750 Storm Sewer S.F. .069/S.F. 1,010,592 S.F. • 69.731 Trunk Total $256,001, There are levied assessments totaling $256,765 on the parcels proposed for platting into Lexington Pointe 8th. At this date, there is a pending assessment of $168,147 against one of 4I) the properties proposed for platting. Another project is under consideration which will result in pending assessments. • • • CONDITIONS FOR LEXINGTON POINTE 8TH ADDITION • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, BI, B2, B3, B4, Cl, C2, C3, C5, D1, El, Fl, G1, & H1 2. The commercial lots shall provide landscape plans on grading plans indicating berming adjacent to the residential properties. 3. The one-way street is proposed to be 16' wide. 4. The side yard setbacks of 5' shall be allowed on each side. No other Variances shall be approved for this plat. 5. A Variance shall be required for the minimum street frontage width for the 18 flag lots. 6. The trail must be installed prior to the installation of landscaping in the median. 7. The Lexington Pointe Parkway plan shall include a 42" black chain link fence in a staggered design with gates and shall be landscaped. 8. A Homeowners' Association shall be formed and covenants shall be provided to the City prior to Final Plat. • 9. No accessory structures or storage along the rear 20' of the lots. 10. Trees shall be permitted 7' from the back of the curb. 11. Pond JP-50 shall be final graded and restored in accordance with the City's Erosion/Sediment Control Standards with this development and the grading of the pond shall be sized to meet the Storm Water Management Plan's design standards. 12. To meet water quality requirements for this development and the future outlots of Lexington Pointe 8th Addition, Pond JP-50 shall have a minimum surface acreage of 1.4 acres, minimum wet pond volume of 7.7 acre-feet, and an average depth of at least 5.7 feet below the normal water level. 13. The stub streets and the utilities in the stub streets shall be constructed to the outside edge of the plat by this development. 14. Lexington Pointe Parkway shall be constructed with concrete curb and gutter with a width of 44 feet face-to-face and the right-of-way width shall be 80 feet. 111 15. No driveway access will be allowed to the stub streets proposed on the westerly edge of the development. ro3 STANDARD CONDITIONS OP PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. E. Easements and Richts-of-Wav 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pcnding, and utility easements as required by the 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. - 411 • STANDXD CONDITIONS OF PLAT APPROVAL PACE Ti+0 . 4 . A detailed landscape plan -shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication • requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Oualitv Dedication 2 . This development shall be responsible for providing a cash dedication in addition to/in lieu of pending requirements in accordance with the criteria identified in the City's Water Quality Management Plan. • E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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I '.7 1 '":7•... ../..j> ...7.1.--;-.. ,....1„....j 7- - - - - • I CD 1 fT-------',._., :•7:I" *., 53 2/ I -: ," '• -- -- • --- 1-) 117'\• I I ' --- i CITY CITY OF EAGAN Water Distribution System • • • (IL . • .. • .. \....... • MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA. • APRIL 28, 1992 • LEXINGTON POINTE8TE ADDITION Chairman Voracek opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use designation of approximately 65 acres from CPD (Commercial Planned Development) to D-1 (Single Family Residential, 0-3 units/acre) , a Rezoning of approximately 65 acres from CSC/PD (Community Shopping Center/Planned Development) to R-1 PD (Single Family-Planned Development) , thereby amending the Lexington South Planned - Development, and a Preliminary Plat consisting of 167 single family lots and four Outlets on 80.4 acres located in the southeast corner of Lexington Avenue and Diffley Road in the NW 1/4 of Section 26. City Planner Sturm stated that the applicants are proposing a preliminary plat consisting of 167 single family lots and four outlets. Eighteen of these lots are flag lots which will add flexibility to the design of homes on these lots and will help accommodate 3-car garages. He mentioned that there is a 5' side yard setback variance request with this application. Mr. Sturm further stated that the applicant has completely re-worked these plans since last month. 410 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 Robert Engstrom, one of the developers, stated that building single family homes on this piece of land is the best alternative because there is a terrible tax burden on this parcel and because there is already too much commercial property in the City. Jack Buxell, architect, stated that the objectives of the applicants was to provide a safe and family type environment. For this reason, there is no driveways entering onto Lexington Pointe Parkway. He stated that there would be interesting homes built on the flag lots and that there were many double-frontage lots because of physical constraints such as easements, ponds and commercial property. • Shawn Hunter, 4054 Pumice Lane, mentioned that he was concerned with the high density in this proposal. He further stated that he was not in favor of the 5' setback variance request. He felt that approving this application would lower City standards. Mary Beth Lammer, 4420 Hamilton Drive, stated she was present with some of her neighbors and that they are all in support of this application. Mr. Buxell stated that the smallest lot is 10,500 sq. ft. , however, the average lot is 12 ,900 sq. ft. south of Lexington Pointe Parkway and 14 , 600 sq. ft. north of Lexington Pointe Parkway. The setback variance request is to provide future homeowners an opportunity for a different type of a home. It will allow flexibility and creativity in the design of these homes. Member Merkley stated that he appreciated the applicants' attempts to build affordable housing, however, he would like to see the application redone to lower the density and lower the number of double-fronted lots. Regarding the 5' setback variance request, Mr. • Merkley felt that having two homes within 10 feet of each other is way too close. Member Griggs stated that he also had some concerns with how many double-fronted lots were proposed and the setbacks. Mr. Engstrom stated that the alternative would be to have driveways coming off of a heavily travelled road. He stated that this was not an ordinary site plan and he was very excited about this proposal . III _ Page 3/EAGAN ADVISORY PLANNING COMMISSION MINtTTES APRIL 28, 1992 t Member Graves stated that he had a major concern with how many lots are being proposed under the 12,000 sq. ft requirement. Member Graves was informed by Mr. Buxell that 50% of the proposed lots will be under 12, 000 sq. ft. Member Miller stated that 12,000 sq. ft. is only a number and that visually all the lots would look the same. He stated that he could approve this application. Member Hoeft stated that the site plan was a viable one and that it could be worse. He mentioned that variances are granted in hardship cases only, not for flexibility and design. Member Gorman stated that he agreed with Member Hoeft and felt that the applicants had made a sincere effort to bring forth a good plan. Member Merkley felt that the flagged lots were not a hardship and he had a concern with 50% of the lots being under 12,000 sq. ft. Chairman Voracek stated that he also'was concerned with 50% of 410the lots being under the 12, 000 sq. ft. requirement, however, he still felt comfortable supporting it. City Planner Sturm commented that City staff had the same concerns that the Commission had and that they attempted to settle these concerns and eliminate as many variances as possible. He stated that much thought and time went into the design of the site plan. Miller moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the land use designation of approximately 65 acres from CPD (Commercial Planned Development) to D-1 (Single Family Residential, 0-3 units/acre) . All voted in favor, except Graves and Merkley who opposed. Approved 5-2 . Miller moved, Hoeft seconded, the motion to approve a Rezoning of approximately 65 acres from CSC/PD (Community Shopping Center/Planned Development) to R-1 PD (Single Family - Planned Development) , thereby amending the Lexington South .Planned Development. All voted in favor, except Graves and Merkley who opposed. • Approved 5-2 . 110 • • • Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 Assistant City Engineer Foertsch stated that a change needed to be made to condition #3 to state that the proposed street is required to be 18.5' wide. Mr. Foertsch requested that condition #14 be amended to state that Lexington Pointe Parkway shall be constructed to City standards to a width of 36-40 feet and the right-of-way width shall be 60-70 feet as substantiated by a traffic analysis. Brad Swenson stated that condition #12 has different numbers than he was given by City staff in his discussions with them. He requested that he be able to work with City staff on this condition. Mr. Engstrom requested that condition #9 be amended to prohibit accessory structures or storage along the rear 20' of the double-fronted lots. Member Griggs felt that the berming was not adequate and requested that condition #16 be added to require landscaping on all double-fronted lots. Miller moved, Hoeft seconded, the motion to approve a Preliminary 410 Plat consisting of 167 single family lots and four Outlots on 80.4 acres located in the southeast corner of Lexington Avenue and Diffley Road in the NW 1/4 of Section 26, 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: A1 , B1, B2 , B3, B4, Cl, C2, C3, C5, D1, El, Ti, G1 & H1 2 . The commercial lots shall provide landscape plans on grading plans indicating berming adjacent to the residential properties. 3 . The proposed one-way street is required to be 18.5' wide. 4 . The side yard setbacks of 5' shall be allowed on each side. No other Variances shall be approved for this plat. 5. A Variance shall be required for the minimum street frontage width for the 18 flag lots. 6. The trail must be installed prior to the installation of landscaping in the- median. • /J7 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 • 7. The Lexington Pointe Parkway plan shall include a 42" black chain link fence in a staggered design with gates and shall be landscaped. 8. A Homeowners' Association shall be formed and covenants shall be provided to the City prior to Final Plat. 9. No accessory structures or storage along the rear 20' of the double-fronted lots. 10. Trees shall be permitted 7' from the back of the; curb. 11. Pond JP-50 shall be final graded and restored in accordance with the City's Erosion/Sediment Control Standards with this development and the grading of the pond shall be sized to. meet the Storm Water Management Plan's design standards. 12 . To meet water quality requirements for this development and the future outlots of Lexington Pointe 8th Addition, Pond JP-50 shall have a minimum surface acreage of 1.4 acres, minimum wet pond. volume of 7.7 acre-feet, and an average depth of at least 5.7 feet below the normal water level. City Staff shall work -with the applicants on this condition. 13 . The stub streets and the utilities in the stub streets shall be constructed to the outside edge of the plat by this development. 14 . Lexington Pointe Parkway shall be constructed to City standards to a width of 36-40 feet face-to-face and the right-of-way width shall be 60-70 feet as substantiated by a traffic analysis. 15. No driveway access will be allowed to the stub streets proposed on the westerly edge of the development. 16. Landscaping shall be required along all double-fronted lots. All voted in favor, except Graves and Merkley who opposed. Approved 5-2. 110 ,4;67 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR • FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 13, 1992 RE: LEXINGTON POINTE 8TH ADDITION - JAMES A. CURRY The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their May 7, 1992 meeting and make the following recommendations to the City Council: 1. That the plat be subject to a cash trailway dedication. 2. That the plat be subject to a cash park dedication. 3. That the proposed 8 foot bituminous trail located within the north boulevard of Lexington Pointe Boulevard be relocated to the south boulevard. 4. That the road access to the lots south of Lexington Pointe Parkway be relocated and aligned with Pointe Esplanade Road. A four (4) way stop with cross walks and pedestrian ramp should be implemented at this proposed intersection. 5. The development shall be responsible for grading a 10 foot wide trail pad, providing an all pedestrian ramp, and assuring no encumbrances within the pedestrian corridor. Trail gradients and pedestrian ramps shall meet ADA design requirements. 6. That the applicant be responsible in a coordinated effort with the City for the installation of trailways. 7. That the development be evaluated and revised to maximize tree preservation of the oak and maple woodland areas. These preservation efforts to be reviewed and approved by staff prior to final plat. The developer will also be responsible for submitting a tree protection plan prior to final plat. 8. The development shall meet its water quality treatment requirement by constructing an on-site pond to treat runoff from the proposed single family residential development. The storm system layout and pond design must be _ approved by City staff prior to final plat. KV:cm • cc: Ed Kirscht, Engineering Technician g g Marilyn Wucherpfennig, Planning Aide • . MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RIJNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER • DATE: MAY 14, 1992 RE: LEXINGTON POINTE 8TH ADDITION At the April 28 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment from CPD (Commercial Planned Development) to D-1 (Single Family), the rezoning of approximately 65 acres from Community Shopping Center within the Lexington South Planned Development to R-1, and the Preliminary Plat consisting of 167 lots were approved 5/2 after a lengthy discussion by the Commission. This item was originally scheduled for the March APC meeting, but was continued at the applicant's request so revised plans could be submitted to the City. The major issues the Commission dealt with • were: a lots being proposed under 12,000 sq. ft. ■ the amount of double-fronted lots proposed • 5' building side yard setback • general traffic issues One resident from the adjacent Lexington Pointe 7th Addition was in attendance with some neighbors in support of the project. There was a considerable question and answer period with Bob Engstrom, representative for the applicants David Schenkel and Jim Curry. Conditions 3, 9, 14, and 16 were modified to read: 3. The proposed one-way street is required to be 18.5' wide. 9. No accessory structures,or storage, shall be allowed along the rear 20'of the double- fronted lots. 14. Lexington Pointe Parkway shall be constructed to City standards to a width of 36-40' face-to-face and the right-of-way width shall be 60-70' as substantiated by a traffic analysis. 16. Landscaping shall be required along all double-fronted lots. • The Commission recommended that a traffic study be prepared prior to the Council meeting to address street widths, alignments, access points, etc. Conditions 11-15 of the staff report were intended for the original submission and were included in the staff report. The appropriate conditions should read: 11. Pond JP-50 shall provide 10.6 acre feet of pond storage volume, a minimum surface acreage of 1.1 acres at the NWL, a minimum wet pond volume of 5.7 acre feet, and a minimum average depth of 5.3 feet. 12. A skimmer shall be constructed on the outlot of Pond JP-50. 13. The City's Water Distribution System Plan and the watermain layout for this development shall be re-analyzed to review the looping, location and size of the proposed water mains to serve this area. 14. The street layout shall be revised to provide a four-way intersection at Pointe Esplanade and Lexington Pointe Parkway at a location approximately 1,000' east of Lexington Avenue. 15. This development shall dedicate all right-of-way and construct streets and utilities in Eagan Center Road from Daniel Drive to Lexington Avenue. These were then forwarded to the applicants and the City's traffic consultant. Please note that Conditions 14 and 15 dealing with traffic issues were being proposed prior to the preparation of the traffic study (attached). If you would like additional information, please contact me. City Planner JS/js attach. 411) • • •. MEMORANDUM INEERS E ARCHITECTS■PLANNERS 3535 VADNAIS CENTER DRIVE ST.A4UL,MINNESOTA 55110 612 490-2000 TO: JIM STURM, EAGAN CITY PLANNER FROM: BOB BYERS DATE: MAY 11, 1992 SUBJECT: LEXINGTON POINTE 8th ADDITION: REVIEW OF TRAFFIC ISSUES As you originally discussed with us, there were a number of traffic issues regarding the proposed plat which required some additional detailed evaluation. Our reviews were solely based on the information provided to the Planning Commission for the Comprehensive Guide Plan Amendment. Our findings are limited in detail (as is probably appropriate) since scaled drawings and detailed plat information was not included in this packet of information. The issues which we examined were: 1. Comments regarding the overall configuration of roadways in the proposed plat. Our review included the proposed circulation system of Eagan Center Road, Lexington Pointe Parkway and Pointe Esplanade. ,r 2 . Internal street connections, road alignments and individual lot access were examined. The phasing of street construction between the commercial and residential areas was examined. 3 . We reviewed the traffic controls necessary within the proposed plat. Particular attention was focused at the intersection . of Lexington Pointe Parkway and Pointe Esplanade. 4 . Comments were included on the desirable street widths and parking restrictions. OVERALL ROADWAY CONFIGURATION Based on recent 1991 Dakota County traffic counts provided by the City, Diffley Road east of Lexington is 9, 000 ADT (Average Daily Traffic) and Lexington Avenue south of Diffley is 5,300 ADT. The traffic on Diffley Road has doubled since 1988. The volumes have been growing much faster than anticipated by the Eagan/Dakota County transportation model. Today's counts almost equal our 20 year projections in this area. 410 * page 1 * • 50'CR"F_r-' ST PAUL, CHIPPEWA FALLS NE N:A(0G:: I N: MINNESOTA WISCONSIN • Dakota County is upgrading Diffley Road next summer. The • project will include medians at the Diffley / Lexington intersection as well as signalization and another signal at Diffley Road and Braddock Trail. These improvements will affect traffic circulation in and near the Lexington Pointe development. To evaluate the roadway system, we estimated traffic volumes from the proposed development including the future commercial component and we also estimated the traffic which might use . Lexington Pointe Parkway from the residential development to the east. Lexington Pointe Parkway is anticipated to carry 3 , 000 ADT at Eagan Center Road dropping to about 1,200 ADT near the eastern boundary near Lexington Pointe 3rd Addition. Eagan Center Road was estimated to carry volumes in the range of about 1,500 ADT over most of its length. At its intersection with Lexington Avenue the ADT could be at the 3,500 ADT level. Depending on the configuration of Patrick Road and its affect on internal traffic circulation, the Lexington Avenue / Eagan Center Road intersection may meet signal warrants at some future date. Overall the street circulation system appears adequate. Due to the considerable double frontage of the proposed residential plat along Eagan Center Road, we considered .an alternative scenario if the street was reduced or eliminated by concentrating access at Lexington Pointe Parkway, Patrick Road and the proposed Diffley Road access. The idea was primarily motivated from a planning standpoint, however, it appears that such a configuration would work poorly, and that the original concept appears the best. We reviewed the proposed "Tee" of Lexington Pointe Parkway with Eagan Center Road. Its configuration was established to reduce through traffic in the adjacent residential area. Due to the circuity of Lexington Pointe, this situation does not appear to be as critical as some other locations where we have supported this concept. In fact the volumes on Lexington Pointe are higher than Eagan Center Road which might make it desirable to reverse the "Tee" so that Lexington Pointe is continuous to Lexington Avenue. While the "Tee" connection can work in either direction, we have some concern over the proposed introduction of a median on the curve of Eagan Center Road as it approaches Lexington Avenue. The curve complicates the simultaneous roadway flaring required to provide left and right turn lanes at Lexington Avenue. Also it is difficult (especially in inclement weather) to keep vehicles properly lined up so they don't hit the median. * page 2 * / 55 INTERNAL STREET CONNECTIONS - . 40 Our review of internal street connections focused on the connections to the south plat area, especially the concept of moving the south access to line up with Pointe Esplanade on the north. Initially, the concept seemed a good one. However, the implementation of an acceptable design was found to be complicated by: * The proposed total width of Pointe Esplanade * The one-way circulation pattern * The trailway in the Pointe Esplanade boulevard * The presence of "cul-de-sac B" to the south These elements all served to make a four legged intersection very difficult to achieve. With respect to lining up with Pointe Esplanade, the safest southerly connection alignment would be centerline to centerline. Movements of the connection to the east or west of Pointe Esplanade's centerline could cause confusion to motorists and in some cases introduce vehicle conflicts or wrong way movements. The extension of the centerline alignment produces an undesirable partial offset with cul-de-sac B to the south. An additional complication would be the need to provide a crosswalk between the trailway on the south side of Lexington Pointe Parkway with the Pointe Esplanade boulevard trail. The trail has the effect of adding a fifth leg to the intersection introducing an unusual movement pattern. Given these concerns, we felt that the original. access proposal or an alternate access which occurred somewhere between cul-de-sac B and C would be more desirable. The volumes from the south area are low enough so that an offset intersection would not present a problem. Our reviews also identified another concern regarding emergency vehicle access to the proposed developments. Although our findings regarding other proposed plats have supported single connections to residential areas, most of these have been considered temporary situations until full development of neighboring plats occurred. In this case, no future connections are proposed. One option to improve emergency vehicle access (especially fire) might be to design the trailway access between Eagan Center Road and Pointe Esplanade to allow vehicle movements in cases of emergency. We have seen and have designed such treatments which allow emergency access but the access - visually imparts a trailway purpose and actively discourages general auto use. page 3 /3 If possible a similar access could be pursued for the southern • portion of Lexington Pointe 8th Addition by private agreements with the daycare located at Lexington Avenue and Eagan Center Road. Potential emergency access could be gained by mounting a landscaped area between their parking lot and cul-de-sac D. TRAFFIC CONTROLS - We reviewed the proposed - 4-way stop suggested at the intersection of Lexington Pointe Parkway and Pointe Esplanade. 4-Way stop signs are generally used for medium volume intersections which do not meet the warrants for signal installation. Typically 4-way stop signs are most efficient when the traffic volumes on the opposing approaches are approximately equal. The Manual on Uniform Traffic Control Devices lists three warrants for the installation of a 4-way stop: 1. Where a signal is warranted but some type of traffic control is urgently needed in the interim. 2 . Where an accident problem exists as indicated by 5 or more reported accidents in a 12-month period. 3 . If Minimum Traffic Volumes Exist: • - Total vehicles > 500 per hour for 8 hours and - Combined vehicular and pedestrian volume from the minor street > 200 per hour for the same 8 hours If a four legged intersection was designed here, our estimated volumes are of the order of 300 vehicles per hour during the peak hour. Other hours would be considerably less so a 4-way stop would probably not be warranted at this location. we also examined the intersection of Lexington Avenue and Eagan Center Road with respect to future traffic controls. Depending on the configuration and orientation of the Patrick Road connection to the north, a future signal at Lexington Avenue may be warranted in the future since the combined volumes of Lexington Pointe Parkway and Eagan Center Road are projected to be in the 4 - 5, 000 ADT range. * page 4 * ( 3 � • STREET WIDTHS • We reviewed the proposed widths as described and shown in the Comprehensive Guide Plan Amendment. Overall the proposed typical street sections appear reasonable. There are some additional considerations which the City may want to review before finalizing their recommendations. Lexington Pointe Parkway Given the limited street access, no driveways, and separated trailway, we believe that a 32 foot wide street width would be practical in this situation. This would still allow enough room for passing a disabled vehicle. With the reduced street width and other minor changes it should be possible to place the street, trailway, and appurtenances within a 60 foot right-of-way. . Consideration should be given to extending the typical section and trailway to the east. We did not have the information to compare how the trail would match to Lexington Pointe Parkway in the 3rd Addition or how such an alignment fits within a trail system. A 36 foot wide approach should be provided at Eagan Center Road to provide enough width for the turn lanes. As with the trailway, we did not have the existing typical street section for Lexington Avenue to the east. The street is quite a bit wider with on-street parking, so some thought will be needed as to how to transition between the 8th and 3rd Additions. Eagan Center Road We believe that the 32 foot wide section would also serve the commercial circulation fuction well. More than • adequate width would be available for delivery and semi- trucks serving the area businesses. As with our comments above, a 60 foot right-of-way should be adequate to handle the street and trailway between Daniel Drive and the trailway easement of of Eagan Center Road to Pointe Esplanade. Pointe Esplanade A typical section of Pointe .Esplanade was not included with the Comprehensive Guide Plan Amendment information. Our understanding is that it includes two 16 foot wide one-way streets and a central boulevard of unknown total width. An 8 foot trailway is located in the center of 110 the boulevard. * page 5 * Agenda Information Memo S May 20, 1992 City Council Meeting REZONING/PRELIMINARY PLAT/LAKEVIEW TRAIL ADDITION E. Rezoning,Lakeview Trail Addition/Shamrock Development,of Approximately 19.5 Acres from AG (Agricultural) to an R-1 (Single Family) District and a Preliminary Plat Consisting of 35 Lots Located East of Dodd Road,South of Todd Avenue in the North Half of Section 36--At its meeting of April 28, 1992, the Advisory Planning Commission considered the above-referenced applications with respect to the Lakeview Trail Addition. For additional information with respect to this application, please refer to the Community Development Department staff report 'ch is enclosed on pageK, throughor your review. Also enclosed on pages through/ is a copy of the Advisory Planning Commission minutes with respect o this item. The APC is recommending approval of the two applications. Enclosed on page/. you will find a supplemental me orandum from the Community Development Department. Finally, enclosed on page is a copy of a memo from the Parks & Recreation Department regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) the rezoning of approximately 19.5 acres from AG (Agricultural) to an R-1 (Single Family) district for Lakeview Trail Addition/Shamrock Development, and 2) a preliminary plat consisting of 35 lots located east of Dodd Road, south of Todd Avenue in the north half of Section 36. • /37 : • SUBJECT: REZONING & PRELIMINARY PLAT LAKEVIEW TRAIL ADDITION APPLICANT: SHAMROCK DEVELOPMENT LOCATION: N 1/2 OF SECTION 36 EXISTING ZONING: A (AGRICULTURAL) • DATE OF PUBLIC HEARING: APRIL 28, 1992 DATE OF REPORT: APRIL 20, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been received by the Community Development Department requesting a Rezoning of 19.5 acres from A (Agricultural) to an R-1 (Single Family) district, and a Preliminary Plat consisting of 37 lots in the north one-half of Section 36. The Comprehensive Land Use Guide Plan designates the proposed area as • D-II (Mixed Residential, 0-6 units/acre). The proposal meets the D-II designation. EXISTING CONDITIONS: The location of the proposed plat is south of Todd Avenue (Manor Lake 4th Addition), west of Trunk Highway #3, north of Pond LP-26, and east of Dodd Road. Zoning of the surrounding properties is R-1 (Single Family) to the north (Manor Lake 4th Addition) and to the east across Trunk Highway #3 (Westin Hills Addition). The unplatted property to the south and west across Dodd Road is zoned A (Agricultural). BACKGROUND: Shamrock Development has been developing in the northern suburbs such as Coon Rapids and Brooklyn Park for over 15 years. Lakeview Trail Addition is their first development in Eagan. PROPOSAL: This 19.64 acre plat contains 13.05 acres of single family lots, 1.54 acres of park, 2.56 acres of ponding, and 2.49 acres of street right-of-way. All of the lots exceed the 12,000 sq. ft. minimum size for an R-1 district. The lots range in size from 12,002 sq. ft. to 48,072 sq. ft. with an average lot size of 18,381 sq. ft. The access to the proposed development is from Dodd Road on the west and Manor Drive from the north. No access will be taken from Highway 3. Access for Lots 8 and 9 will be from Todd Avenue. One cul-de-sac is proposed with 13 lots being served from it. The plan shows seven lots backing up to the proposed park to the north and six lots (Lots 18-23) S backing up to Pond LP-26 to the south, all of which are subject to a 50' minimum setback to the Ordinary High Water Mark (OHWM) as set forth in the Shoreland Zoning Code. Lot 10, Block 2, Lot 27, Block 1, along Dodd Road shall have a 40' minimum setback and 1 . / a Sl all lots abutting Trunk Highway 3 shall have a minimum setback of 50'. MnDot requires S that the driveway for Lot 9, Block 1, in the NE corner of the development on Todd Avenue shall be located 75'from the east property line abutting Highway 3. Otherwise, all standard setback requirements shall be enforced. PARKS & RECREATION: The Advisory Parks, Recreation, and Natural Resources Commission will be reviewing this request at the May 7, 1992 meeting. Staff's preliminary recommendations to the Commission are that the development be responsible for a cash . trails dedication and a parkland dedication as depicted by the Preliminary Plat. Preliminary evaluation of the land dedication indicates compatibility to the adjacent undeveloped parkland providing for a neighborhood park. Staff is evaluating the tree loss proposed as the result of the water quality pond within Lots 18 and 19, Block 1. • • • • / 2)q • • GRADING/DRAINAGE/EROSION CONTROL: The proposed development consists of approximately 19 acres of lightly rolling hills that have been used for agricultur—Ia purposes in the past. The preliminary grading plan shows that a majority of this site will be disturbed to prepare the streets and house pads for construction. The maximum fill shown is 8 feet and the maximum cut is 10 feet. Storm water drainage from the proposed east-west street (Lakeview Trail) will be directed to two ponds that will be constructed with this development. Proposed Pond LP-26.1, located on Lot 18 and 19 of Block 1, shall have a discharge rate of 1 cfs. Proposed Pond LP-26.1 will outlet to the south to Pond 12-26. Pond LP-26 is a designated ponding area identified in the City's Comprehensive Storm Water Management Plan. Proposed pond LP-26.2 in the northeast corner of the site shall have a maximum discharge rate of 1 cfs and will outlet to the Highway 3 ditch system. This development will be responsible for extending the existing storm sewer that drains Todd Avenue in the Manor Lake 4th Addition to the normal water level of Pond LP-26.2. Also, the landlocked low area on MnDOT right-of-way adjacent to Pond LP-26.2 shall be regraded to allow the low area to drain to the pond. The storm sewer outlet for Pond LP-26 shall be constructed as part of the development of this plat. The storm sewer outlet is a trunk facility that could be constructed by the City if the developer petitions the City to construct this line. Pond LP-26 will outlet to Pond LP- • 28, Manor Lake. This development will be responsible for constructing a culvert and catch basins on Lakeview Trail at the intersection of Dodd Road. The culvert and catch basins will convey the runoff from Lakeview Trail to the proposed ditch along Dodd Road. The ditch drains the water to the south to Pond LP-26. The grading along Pond LP-26 shall provide a 30 foot buffer zone to help prevent erosion into Pond LP-26. The grading plan shall show that a 30 foot section along the north edge of Pond LP-26 shall not be disturbed. 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 single-family residential development is located in the upper reach of Drainage Basin L and borders the north shore of Pond LP-26, a Class II 13-acre lake that is intended to have water quality sufficient to support indirect contact recreation. LP-26 will receive stormwater runoff from the majority of the site. Present water quality conditions in LP-26 are not known, but the City's policy is not to allow any degradation in recreational . classed water bodies like this one. On-site ponding to meet water quality treatment requirements for this development is both • feasible and desirable. In order to meet treatment requirements, two ponds will be constructed on-site. The first, designated LP-26.1,will be located on Lots 18 and 19 and will 1' (0 • receive and treat runoff from 6.3 acres of the site before discharging water into LP-26. The • treatment pond shall be a minimum of 026 in surface area at the normal water level, 0.68 acre-feet in volume below the normal water level, and be at least 2.5 feet in average depth. The second pond, designated LP-26.2,will be located in the northeast corner of the site and will intercept and treat runoff from at least 3.5 acres of the Lakeview Trails Addition as well as at least 3 acres of the Manor Lake 3rd and 4th Addition that currently drains untreated to LP-26 through a ditch. Treatment of runoff from the off-site areas in the Manor Lake Addition is required in order to make up for areas within the Lakeview Trails Addition that cannot be intercepted by either pond. Minimum design parameters for Pond LP-26.2 are 0.26 acres in surface area at NWL, 0.68 acre-feet in wet pond volume, and 2.5 feet in average depth at the normal water level. Both ponds must be constructed according to NURP standards and the pond designs must be approved by the City. These recommendations are subject to approval by the Advisory Parks, Recreation and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available to serve this development from the north at Manor Drive or Highway 3. A 10 inch sanitary sewer has been provided in Manor Drive and a 15 inch sanitary sewer has been provided along Highway 3 with City Project 621, Manor Lake 4th Addition. The proposed sanitary sewer through this development shall be constructed at minimum grade from Manor Drive to Dodd Road to provide adequate service for future connections to the sanitary sewer from lip the houses to the south along Dodd Road. The sanitary sewer shall be constructed to Dodd Road with an invert elevation of 913.7 at the Dodd Road/Lakeview Trail intersection. Water main of sufficient pressure and capacity is readily available in Manor Drive and along Highway 3. The preliminary utility plan shows connecting to the existing 6 inch water main in Manor Drive and extending the water main through this development to Dodd Road. City staff feels that the water main shall be extended along Dodd Road from Lakeview Trail to the existing 16 inch water main on Cliff Road. This extension of the water main will provide a loop around Manor Lake that will provide adequate fire protection and improved water supply to this development, the Manor Lake Additions and the future Weston Hills development. The utility plan shows extension of sewer and water along the west side of Highway 3 to the south property line of this plat to provide service to the undeveloped properties to the south. The developer shall petition the City to construct the water main on Dodd Road from Lakeview Trail to Cliff Road and the sanitary sewer and water lines along the west side of Highway 3 across the east edge of this plat. The petition shall be submitted to the City to allow the public hearings to be held for these projects before this development receives final plat approval from the Council. According to the preliminary utility plan, the sanitary sewer in Lakeview Trail in front of . • Lot 25 and Lot 26, Block 1, will be approximately 30 feet deep. The 8 inch sanitary sewer and service risers in this area shall be constructed with DIP materials for any depths that will be greater than 26 feet deep. / �( I • Sanitary sewer and water service has been provided to Lots 8 and 9 of Block 1 of this development from Todd Avenue. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will be provided from Dodd Road which is a 24-foot wide bituminous street with rural sections, and from Manor Drive which will be constructed to a 32-foot wide urban section street under City Project 621. The preliminary street plan does not show any street connections to Highway 3 along the east edge of the plat. Street access to Lots 8 and 9 of Block 1 shall be provided from Todd Avenue in the Manor Lake 4th Addition. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate all easements required for Pond LP-26, Pond LP-26.1 and Pond LP-26.2 to the calculated high water level of the pond. The lots along the east edge of the plat along Highway 3 shall dedicate a 30- foot wide utility easement as shown on the preliminary plat to allow for the extension of sanitary sewer and water along Highway 3. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Dept. of Health, MnDOT, MnDNR, etc.) are acquired prior to final plat approval. A MnDOT permit will be required to allow the discharge of the outlet from Pond LP-26.2 to be discharged into the Highway 3 ditch system. • FINANCIAL OBLIGATION - Lakeview Trail 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 Sanitary Sewer S.F. $720/lot 8 lots $ 5,760 Trunk Water Trunk S.F. 750/lot 36 lots 27,000 Storm Sewer S.F. .069/S.F. 609,728 S.F. 42.071 Trunk Total $74.831 • In addition to the above, this parcel has a pending assessment of$25,350 for Project 621. This amount will be pro-rated to the newly created lots as a result of this plat. id 9 • PRELIMINARY PLAT CONDITIONS FOR LAKEVIEW TRAILS ADDITION • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C5, D1, El, Fl, 01, & H1 2. Shoreland Zoning setbacks of 50' minimum along Pond LP-26, Lots 18-23, Block 1. 3. Lots abutting Dodd Road shall have a 40' minimum setback. All lots abutting Trunk Highway #3 shall have a 50' minimum setback. The driveway for Lot , Block 1, shall be a minimum of 75' from the Trunk Highway #3 R.O.W. line. 4. No access shall be permitted from Trunk Highway #3 or Dodd Road. 5. Pond LP-26.1 which will be located on Lots 18 and 19 of Block 1 shall provide a maximum discharge rate of 1 cfs, a minimum surface area of 0.13 acres at the normal water level, 0.68 acre-feet of storage volume below the normal water level and at least 2.5 feet in average depth. 6. Pond LP-26.2, which shall be located in the northeast corner of the site, shall provide a maximum discharge rate of 1 cfs, a minimum surface area of 0.26 acres at the normal water level, 0.68 acre-feet in wet pond volume and 2.5 feet in average depth at the normal water level. 7. This development will be responsible for extending the storm sewer that drains Todd Avenue in the Manor Lake 4th Addition to the NWL of Pond LP-26.2. 8. The grading plan shall be revised to show a 30 foot buffer zone along the north edge of Pond LP-26 that shall not be disturbed. 9. The sanitary sewer through this development from Manor Drive to Dodd Road shall be constructed at minimum grade to provide an invert elevation of 913.7 at the Dodd Road/Lakeview Trail intersection. 10. The developer shall petition the City to construct water main on Dodd Road from Lakeview Trail to the existing 16" water main on Cliff Road and to construct sanitary sewer and water lines along the west side of Highway 3 from Todd Avenue to the south property line of this plat. 11. The proposed lots abutting Highway 3 shall dedicate a 30 foot wide utility easement on the final plat to allow for the extension of sanitary sewer and water main along Highway 3. - • • LAKEVIEW TRAILS ADDITION CONDITIONS CONTINUED 411 12. The development is responsible for providing or financially guaranteeing the acquisition cost of the easements required for Ponds LP-26,LP-26.1,and LP-26.2. • 1111 /� • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-slay 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 0 of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development' shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and specifications 1 . All public streets and utilities necessary to provide • service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 411 • 'r STANDARD CONDITIONS OF PLAT APPROVAL PAGE Ti+D 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 111 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water Ouality Dedication • 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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".�..� �.O , ' LP-fil !wit r'D+) I AXE ) ( b16.2 _ j i 1 T-----894.0 ,884.4 1 8' PAM' NI!I ,s;.;...21737. ./8.0 -", w,4 r nr.1 -6/47E7 `+� LP-'$b r.t;rir) 1 'S':�.I, j i l t' `�► I .1 " 1 i' 'j-,11''''' •I." �2 8 l l L . 798 .1, ' �'s� jf( . ' 1 1 X88/.7 J, i ' ("(1.1.%8§0.7;/".'`'%;;;T '894.0 i r�i '�'�t P.-331' `' +2 1 + ! LP-37 Id's. 0 �+t,.4,r`;?l„/,i + .r11'il \9dr7, i + , LP-67 ` We /','. � 11: ‘'or-. LP"633 '.)44 �,Iff. i'" °1 ( 9 00 -/," LP-47 918.5 Lp:35 - �..8eb.3r' 1, LPY��'+1 , IF1 1�'� I P-30 s2a.o LP 3= '187051--8790 ••9°C7 .^ t L 9 . . I 909.0 ;083 • 887.0 �_. `,; L ;.Lc 1 4 _ I 910 6 r (-)862 18R0.0 ,. . 'LP-331x.1 ' '. (111 y 92i� 29 • 13.0 !e 0: ' i' '*W ' '. 897,5 r a .I '�,'I • L919."00 ! rI. I . ` -. - 1.1l- R' . 1 Rai 1 1416.7 I ��., I _/1 -38 ;5.0 B.5 \q \i'f V. I ..-.4-,-�r (J .i-s O �� -�` V . .J •'s L 25_ P-26--a..- ---.;.i • 9 4.7 9202 CO LP-2I �' LP 24 k 9P7.0 922.5 ,:/// `/ ., 902 5 883 2 -4 1-2• r / /^ 903.0 BB6.0 >; LP-27 1 S .•1 .., t, •t2'..� 922.0 925.4 / 1, ' /: I LP-19 i,r,i f7.470:1411611 . 1 I,..4,.... 0 „ r 900.2 +L`D T'' .../)P'6 903.0 -.t,n, ' 1 r n• , nrrr 07 �y ;901.02 7"._, .... 1 _�i I �_.:__��� 904.0 r-�J ► I 12 i I L93O 0 LP-17 LP-66 ' • r_ / ,, // _ _-__ --/ ,...._ rr. • ,/ ", / I . 1 00 : /-,--;,\ ' '), . ))) ,,. " / ( i a i FIGURE No. 17 • . . STORM SEWER LAYOUT MAP • . • . . • • • CITY OF • EAGA �, 3 . Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 LAKEVIEW TRAIL ADDITION - SHAMROCK DEVELOPMENT Chairman Voracek opened the n ex t public hearing of the evening regarding a Rezoning of approximately 19.5 acres from AG (Agricultural) to an R-1 (Single Family) district and a Preliminary Plat consisting of 37 lots located east of Dodd Road, south of Todd Avenue, in the north one-half of Section 36. City Planner Sturm stated that all lots exceed the 12, 000 sq. ft. minimum size requirement and that no access will be taken from Highway 3 . He further stated that the six lots that back up to the proposed pond met the Shoreland Zoning Code. Mr.. Sturm mentioned that changes needed to be made to some of the conditions. Condition #3 should state, ". . .The driveway for Lot 9. . ." He further requested that conditions 12 - 18 be deleted. Jim Stanton, the applicant, stated that he concurred with the conditions and that he was there to answer any questions. • Dale Tessmer, 4650 Dodd Road, stated that 3 - 4 years ago Dodd Road was upgraded with approximately 2 inches of blacktop. He questioned whether the road would hold up with the increased .traffic that would be generated with this proposal. Assistant City Engineer Foertsch replied that there is no proposed upgrade to Dodd Road at the present time. City staff felt that this application would not substantially increase the traffic on Dodd Road. Member Merkley requested that condition #4 be amended to state that no driveway access will be permitted from Highway 3 or Dodd Road. • Chairman Voracek stated that he was concerned with placing a storm holding pond in front of a lake across Lots 18 and 19. He recommended that the Advisory Park and Recreation Commission review this issue. Miller moved, Gorman seconded, the motion to approve a Rezoning of approximately 19 .5 acres from AG (Agricultural) to an R-1 (Single Family) district. All present voted in favor. • • 110 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 Miller moved, Gorman seconded, the motion to approve a Preliminary Plat consisting of 37 lots located east of Dodd Road, south of Todd Avenue, in the north one-half of Section 36, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C5, Di, El, Fl, G1 & H1 2 . Shoreland Zoning setbacks of 50' minimum along Pond LP-26, Lots 18-23, Block 1. 3. Lots abutting Dodd Road shall have a 40' minimum setback. All lots abutting Trunk Highway #3 shall have a 50' minimum setback. The driveway for Lot 9, Block 1, shall be a minimum of 75' from the Trunk Highway #3 R.O.W. line. 4 . No driveway access shall be permitted from Trunk Highway #3 • or Dodd Road. 5. Pond LP-26. 1 which will be located on Lots 18 and 19 of Block 1 shall provide a maximum discharge rate of 1 cfs, a minimum surface area of 0. 13 acres at the normal water level, 0. 68 acre-feet of storage volume below the normal water level and at least 2.5 feet in average depth. 6. Pond LP-26. 2 , which shall be located in the northeast corner of the site, shall provide a maximum discharge rate of 1 cfs, a minimum surface area of 0.26 acres at the normal water level, 0.68 acre-feet in wet pond volume and 2.5 feet • in average depth at the normal water level. 7. This development will be responsible for extending the storm sewer that drains Todd Avenue in the Manor Lake 4th Addition to the NWL of Pond LP-26.2. 8. The grading plan shall be revised to show a 30 foot buffer zone along the north edge of Pond LP-26 that shall not be disturbed. 9. The sanitary sewer through this development from Manor Drive to Dodd Road shall be constructed at minimum grade to provide an invert elevation of 913.7 at the Dodd 111 Road/Lakeview Trail intersection. 10. The developer shall petition the City to construct water main on Dodd Road from Lakeview Trail to the existing 16" water main on Cliff Road and to construct sanitary sewer and Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 water lines along the west side of Highway 3 from Todd Avenue to the south property line of this plat. 11. The proposed lots abutting Highway 3 shall dedicate a 30 foot wide utility easement on the final plat to allow for the extension of sanitary sewer and water main along Highway 3 . 12 . The development is responsible for providing or financially guaranteeing the acquisition cost of the easements required for Ponds LP-26, LP-26.1, and LP-26.2 All present voted in favor. Chairman Voracek requested the applicant to contact the neighbors of the proposed site and inform them of future possible assessments for the proposed sanitary sewer and water main. 1 • /S6' MEMORANDUM 11111 TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 5, 1992 RE: LAKEVIEW TRAIL ADDITION At the April 28 Advisory Planning Commission meeting,the Rezoning of approximately 19.5 AG (Agricultural) acres to an R-1 district and Preliminary Plat consisting of 37 lots were approved unanimously. There was very little discussion by the Commission and only one resident questioned increased traffic on Dodd Road and who would pay for future road and utility improvements. There were minor modifications to two conditions that the applicant agreed with and some duplicate conditions were deleted. The attached staff report reflects those changes. • If you would like additional information, please contact me. City Planner JS/js • if7 • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: fi KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 13, 1992 RE: LAKEVIEW TRAIL ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their May 7, 1992 meeting and make the following recommendations to the City Council: 1. That the plat be responsible for a parkland contribution of 1.54 acres as configured by the site plan dated March 16, 1992. 2. That the plat be responsible for a cash park dedication of $5,195.87. The dedication may, at the discretion of staff, be applied to parks grading with the terms of the grading to be worked out between staff and developer. • 3. That the plat be responsible for a cash trails dedication of $3,700.00. 4. That this development meet its water quality treatment requirements by creating two treatment ponds on-site. The storm sewer layout and pond design should be reviewed and approved by City staff prior to final plat. The two acre drainage concern expressed by staff is to be reviewed by staff to include an option for overland drainage. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • Agenda Information Memo May 20, 1992 City Council Meeting REZONING/PRELIMINARY PLAT/DEERWOOD 2ND ADDITION F. Rezoning,Deerwood 2nd Addition/Independent School District #196,of Approximately 23.5 Acres from AG (Agricultural) to PF (Public Facilities) and a Preliminary Plat Consisting of One Lot for a Middle School Located Along the South Side of Deerwood Drive,West of Pilot Knob Road in the Southeast Quarter of Section 21--At its meeting of April 28, 1992, the Advisory Planning Commission considered the above-referenced applications with respect to the Deerwood 2nd Addition. For additional information with respect to this application, please refer to the Community Development Department staff report which is a losed on pages,Ohrough/ for your review. Also enclosed on pages 177 through/ 721 is a copy of the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval of both applications. Also enclosed on page L,27 is a copy of a supplemental me gfrom the Community Development Department. Enclosed on pages / �through li( is a memorandum from the Parks and Recreation Department relative to the Advisory Parks, Recreation and Natural Resources Commission recommendations on this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning of approximately 23.5 acres from AG (Agricultural)to PF(Public Facilities)for Deerwood 2nd Addition/Independent School #196, and 2) a preliminary plat consisting of one lot for a Middle School located along the south side of Deerwood Drive, west of Pilot Knob Road in the southeast quarter of Section 21. • • SUBJECT: REZONING & PRELIMINARY PLAT (DEERWOOD SCHOOL 2ND ADDITION) APPLICANT: INDEPENDENT SCHOOL DISTRICT 196 LOCATION: SE QUARTER SECTION 21 EXISTING ZONING: AGRICULTURAL (AG) DATE OF PUBLIC HEARING: APRIL 28, 1992 DATE OF REPORT: APRIL 21, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted by Independent School District #196 requesting a Rezoning of approximately 23.5 Agricultural acres to Public Facility (PF) and a Preliminary Plat consisting of one lot for a middle school located south of Deerwood Drive, just west of Deerwood Elementary School. The City's • Comprehensive Guide Plan designates this area PF and therefore no amendment is necessary. EXISTING CONDITIONS: This site has some severe slopes and heavily-wooded areas around a large depression adjacent to Deerwood Drive that will be filled and converted into a ballfield. The remainder of the site is rolling grassland. Due to the school district's athletic field needs and the size of the site, no existing trees will be saved. There is a house on-site that will be removed, or destroyed. Any well or septic systems on-site shall be abandoned per Dakota County regulations. Adjacent land uses include undeveloped Agriculturally-zoned property to the south, west and north (across Deerwood Drive) and Deerwood Elementary School to the east. The adjacent Agricultural property is guided D-II • (Mixed Residential, 0-6 units/acre). SITE PLAN: This site abuts Deerwood Drive and will take access from the existing private drive currently serving Deerwood Elementary School. The site plan provides for a future second access point at the SW corner of the site to an anticipated Thomas Lake Road extension to Deerwood Drive. The three-story 190,000 sq. ft. building is located on the south half of the site and is attached to the existing elementary school and will be complementary in appearance. Building elevation drawings have not been finalized at this time. • • /(,5D The site plan provides a 24 space bus staging area, as well as a 154 space staff/visitor parking area. The plan also shows the layout for four tennis courts, three softball fields,two . • baseball diamonds, four football/soccer fields, and a running track. The school district anticipates completing site grading and turf reseeding by the fall of this year. A 100'wide Williams Brothers pipeline easement bisects the site,and therefore they will also review the grading and site plan. COMMENTS: The new middle school will accommodate 1200 students and there will be 90 employees, of which 60 will be teachers. There will be a 50-minute gap between the elementary and middle school start and finishing times to avoid any conflict in the bus loading/unloading areas. The school district is planning on a Fall 1994 occupancy at which time all fields will be fully operational. PARKS & RECREATION: Parks and Recreation staff will be recommending a cash trailways dedication to the Commission at the May 7, 1992 Advisory Parks and Natural Resources Commission meeting. • • ( ( GRADING/DRAINAGE/EROSION CONTROL: The grading proposed at this site will require cuts of 30 feet and fills of up to 36 feet located in the westerly one-half of the site. The largest fill area is located in the northwest corner of the site where a 0.4 acre wetland is proposed to be filled. The low area is currently drained through a 12" storm sewer that then flows into a 27"storm sewer flowing easterly in Deerwood Drive. The 12" storm sewer outlet pipe shall be permanently bulkheaded prior to grading operations. This northwest low area is surrounded by two acres of oaks and other trees that are proposed to be completely removed during the filling of the low area to prepare the area for ballfields. Approximately 7.4 acres of the northwesterly corner of the site will drain overland onto Deerwood Drive and into the Deerwood Drive storm sewer. The central and northeasterly portions of the site which include approximately 21 acres from both the new middle school site and the existing elementary site is proposed to drain into a storm water retention pond to be constructed in the northeast corner of the site. Preliminary review of this pond shows that to handle a 100 year storm event with a outlet capacity of 3 cfs, then the pond shall provide 3.5 acre feet of storage volume from the NWL to the HWL. The standing water portion of the pond shall be located west of the existing 36"trunk storm sewer and 33"trunk sanitary sewer lines. The preliminary grading plan shows that grading will be performed on adjacent property along the south property line. This area contains some mature trees that will be removed with the grading. The existing parking lot of the elementary school and the proposed parking lot along the south property line south of the middle school is proposed to drain to the existing 27" storm sewer located in the southeast corner of the site. The 27" storm sewer serves as the outlet for Pond BP-4 and the line has a capacity of 20 cfs. The Storm Water Management Plan shows that the maximum discharge rate for Pond BP-4 is 20 cfs. The parking lot areas that are proposed to drain into the existing 27" storm sewer contains 6.0 acres and they will produce a 5 year runoff flow of 21 cfs. Staff recommends that the storm sewer layout in the southeast corner of the site be revised to prevent overburdening of the existing 27" storm sewer. A Williams Bros. pipeline is located through the center of the site. A minimal amount of grading is shown along the pipeline. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This development is located in the lower reach of drainage basin B about 0.5 miles up-drainage of Blackhawk Lake. After traveling through three small treatment basins, the runoff will reach Blackhawk Lake which is one of six Class I water bodies in the City intended to have water quality sufficient to support direct contact recreation. (/, 2— Ponding is both feasible and desirable for this development because of its relatively close • proximity to Blackhawk Lake. A treatment pond will be located in the northeast part of the school grounds just south of Deerwood Drive and east of the entrance road in a shallow depression. Because drainage from the proposed middle school development that cannot be intercepted by the pond, the existing storm sewer system that serves the elementary shall be re-routed to the proposed pond. The re-route of the system will make possible the interception by the treatment pond of drainage from about 7 acres of the existing elementary school site. Treatment requirements for the site will be met by the construction of a treatment basin with a surface area of 0.55 acres at the NWL and a minimum volume below normal water level of 2.1 acre-feet. The pond will be located and the storm sewer constructed to intercept runoff from 7 acres of the elementary school site and 14 acres of the proposed middle school site. NURP standards will be used in the design of the pond and the design must be approved by the City prior to construction. As required under the Wetlands Conservation Act,the applicant is also requesting approval from the City to fill 0.4 acres of wetlands on-site. A recommendation on whether to approve the request is pending submission of appropriate information from the applicant. If approval is granted, replacement of the wetland surface area will be required on an acre- for-acre basis. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: The preliminary utility plan proposes to loop an 8" DIP watermain from the existing watermain south of the existing school around the west side of the new building and back to the existing 8" watermain within the existing service drive. This 8" watermain will provide an adequate water supply and fire protection for the proposed school. City staff recommends that the 8" water main system be a privately maintained system on the elementary and middle school site since the system serves one user. An existing 18" DIP water main has been stubbed to the south side of Deerwood Drive. The 18" water main needs to be extended to the west along the north property line of this site to provide water service to property to the west. Sanitary sewer service of sufficient size, depth and capacity is readily available to serve the proposed middle school. A 6" sanitary sewer service will connect to a new 8" PVC sanitary sewer constructed along the south edge of the project to serve the proposed middle school. The 8" sanitary sewer is shown to connect to an existing 27" sanitary sewer along the east edge of the property. However, the 27" line is 30 feet deep and adjacent to a single family lot and the construction might disturb the adjacent property. STREETS/ACCESS/CIRCULATION: Access to the new middle school will be from the south end of the existing service drive of the existing elementary school and both schools will thereby share the same access to Deerwood Drive. • ) (03 • The City's Comprehensive Guide Plan shows the construction of a neighborhood collector street along the west edge of the middle school site. The street would be called either Johnny Cake Ridge Road or Thomas Lake Road depending on the alignment. The street is proposed to connect Diffley Road with Deerwood Drive. If the middle school development determines that a second access is necessary, then the developer should petition the City to construct the neighborhood collector street. Access to the future proposed Thomas Lake Road at the southwest corner of the site has been taken into consideration on the site plan, and the development will be responsible to connect to Thomas Lake Road when the street is constructed. EASEMENTS/RIGHT-OF-WAY/PERMITS: A ponding easement shall be dedicated over the proposed stormwater retention pond in the northeast corner of the project. Additional utility easement will be necessary for the new manhole to be constructed on the existing 27" sanitary sewer in the southeast corner of the elementary school site. Grading of slopes on the south edge of the site will require slope easements from the adjacent property owners. This development shall be responsible for ensuring that all regulatory agency permits are acquired in a timely manner. The site grading and construction of the storm sewer line in the easement of the Williams Brothers Pipeline will require a permit to be obtained from Williams Brothers. A 40' half right-of-way shall be dedicated along the west property line to accommodate the future Collector street previously mentioned. If this Collector street is relocated further to the west to accommodate the school's site plan, then the applicant shall acquire or commit to financially participate in an equivalent future right-of-way acquisition. L (4o, FINANCIAL OBLIGATION - Deerwood School 2nd Addition 110 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Trunk P.F. $1,565/Acre .9 Acre $ 1,408 Lateral Benefit S.F. 1530/ff 183 ff 2,800 Water Lateral Benefit C/I 9.95/ff 890.87 ff 8,864 Water Storm Sewer C/I .035/S.F. 1,022,789 35,798 Trunk Storm Sewer P.F. 21.70/ff 183 ff 3,971 Lateral Trunk • Water Availability P.F. 2,470/Acre 23.48 Acre 57,996 Charge Lateral Benefit P.F. 19.55/ff - 400 ff 7.820 Storm Sewer Total $118.657 There are no pending assessments on the properties proposed for platting. There are levied assessments with a balance of $14,308 payable on the properties proposed for platting. assessments will be apportioned to the developed lots and remainder of undeveloped parcels. /(,.s • CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR DEERWOOD SCHOOL 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, C4, El, Fl, 01, & H1 • 2. The existing well and septic systems shall be abandoned per Dakota County regulations. 3. A second access shall be provided when Thomas Lake Road is extended to Deerwood Drive. 4. The proposed pond to be located in the northeast corner of the elementary school site shall provide a maximum discharge rate of 3 cfs, a pond storage volume of 3.5 acre feet, a surface area at the NWL of 0.55 acres and a minimum wet pond volume of 2.1 acre feet. 5. The storm sewer layout in the southeast corner of the site shall be revised to prevent overburdening of the existing 27" storm sewer that drains Pond BP-4. 6. If filling of the 0.4 acre wetland located in the northwest corner of the site is approved by the appropriate agencies, then replacement of the wetland surface area will be required on an acre-for-acre basis. 7. This development will be responsible for extending their driveway access to Thomas Lake Road/Johnny Cake Ridge Road extension when this neighborhood collector street is constructed. 8. The utility system on the elementary and middle school site shall be a privately maintained system. 9. The standing water portion of the storm water treatment pond to be located in the • northeast corner of the site shall be west of the existing 36"trunk storm sewer and 33" trunk sanitary sewer lines. 10. This development shall dedicate a 40' half right-of-way adjacent to its west property line or commit to financially participate in an equivalent future right-of- way acquisition for the extension of Thomas Lake/Johnny Cake Ridge Road. 11. This development shall agree to pay for one-half the street grading, drainage, trailway and surfacing costs for the future extension of Thomas Lake/Johnny Cake Ridge Road extension from their south boundary line to Deerwood Drive. • • • (Q 62 • STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final: plat dimensions and the rates in effect at the time of final plat approval. B. Xasements 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, pending, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate 0 jurisdictional agency. 4 . This development ' shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. - 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1 (-4 .7 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. eater Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. E. other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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'".,?:54.. .1_...._ .•,_Li_j_ji_-1....1 l'"),42.1 °37 .-., -• ik\=:A2L.11:10.1 ?••--- -274, - r -1.-- Q're•-. r'7".",i.11 11...Pf•t44r -1' / %. •Li i ';1 1 • • - ' ' • 92"'HAT i(• '•\e'fr'rit 79. /I t..(' • T ni-- r-ti "?'..-{.';' .1.1848.0.i4 .....t"'",1 . 892 3 • i ' . ■;--.1 ...1 1 931.0 Alt 1•1•-iiI! : --_ i... ii-i EL il-tra.,,,.icc.,,,.: /.,#5,..T;4.,,„1.,.....: . 15 !991•0 AP-28 -4 - 2, I ,la'Fi-i ' , .1 1- , • • \\, L ' - ,• . •' --- ./. 1 i -) I) 1----11 * LLT\' :!4.' - 111,411 I.!,i142 ilu., -,1,!ty • .. „ , .., , OAKF . tn,:rr 8 .0 . • . - -. . , ,I 1\1 +7- .:-.. • t 4 til-1-41412. -;----,'", 1 7.-;... i, . z I i V3'-'., ; ,4)../.;---vae-z3 i: I -a. • . • FIGURE No. • 17 STORM SEWER LAYOUT . • . . • MAP . . • • : . . • • . . 11 'CITY OF EAGAN . . , • . • ,---) ( _ . 41/ Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 DEERWOOD 2ND ADDITION - INDEPENDENT SCHOOL DISTRICT #196 Chairman Voracek opened the next public hearing of the evening a Rezoning of approximately 23.5 acres from AG (Agricultural) to PF (Public Facilities) and a Preliminary Plat consisting of one lot for a middle school located along the south side of Deerwood Drive, west of Pilot Knob Road in the SE 1/4 of Section 21. City Planner Sturm mentioned that this site has been designated for a middle school since 1988. He stated that the proposed school will share the same access road as the existing elementary school. The land to the west of the proposed school is undeveloped and a possibility exists that in the future another driveway will connect to the proposed Thomas Lake Road extension. Kevin Sullivan, architect for the school district, stated that he was there to answer any questions. A resident of Deerwood Trail, mentioned his concern that this proposal will increase the traffic on the access road. Children walking to school cross the access road. Mr. Sullivan responded that the school district is also concerned with the safety of the children walking to school. To help alleviate this problem, the middle school will start and end the school day at different times than the elementary school. Sue Strobel, 1434 Deerwood Path, questioned what access road the construction vehicles would use to get in and out from the site. She stated that children use the school playground during the summer and will be walking to the school during this time. Mr. Sullivan stated that the construction vehicles will not be using the present access drive. Miller moved, Hoeft seconded, the motion to approve a Rezoning of approximately 23 . 5 acres from AG (Agricultural) to PF (Public Facilities) . All present voted in favor. Member Merkley stated that condition #3 and condition #7 were actually the same condition and requested that condition #3 be deleted. Miller moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of one lot for a middle school located along the south side of Deerwood Drive, west of Pilot Knob Road in the SE 1/4 of Section 21, subject to the following conditions: 1 . `1'1 • Page 13/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 •shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C4, El, Fl, G1 & H1 2. The existing well and septic systems shall be abandoned per Dakota County regulations. 3 . The proposed pond to be located in the northeast corner of the elementary school site shall provide a maximum discharge rate of 3 cfs, a pond storage volume of 3.5 acre feet, a surface area at the NWL of 0.55 acres and a minimum wet pond volume of 2. 1 acre feet. 4 . The storm sewer layout in the southeast corner of the site shall be revised to prevent overburdening of the existing 27" storm sewer that drains Pond BP-4. • 5. If filling of the 0.4 acre wetland located in the northwest corner of the site is approved by the appropriate agencies, then replacement of the wetland surface area will be required on an acre-for-acre basis. 6. This development will be responsible for extending their driveway access to Thomas Lake Road/Johnny Cake Ridge Road extension when this neighborhood collector street is constructed. 7. The utility system on the elementary and middle school site shall be a privately maintained system. 8 . The standing water portion of the storm water treatment pond to be located in the northeast corner of the site shall be west of the existing 36" trunk storm sewer and 33" trunk sanitary sewer lines. 9. This development shall dedicate a 40' half right-of-way adjacent to its west property line or commit to financially participate in an equivalent future right-of-way acquisition for the extension of Thomas Lake/Johnny Cake Ridge Road. 10. This development shall agree to pay for one-half the street grading, drainage, trailway and surfacing costs for the 111 extension extension of. Thomas Lake/Johnny Cake Ridge Road extension from their south boundary line to Deerwood Drive. All present voted in favor. / 7 • • MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 5, 1992 RE: DEERWOOD 2ND ADDITION At the April 28 Advisory Planning Commission meeting,the Rezoning of approximately 23.5 AG (Agricultural) acres to a (PF) Public Facilities district and a Preliminary Plat for a middle school was approved unanimously. _ The site is immediately west of Deerwood Elementary School. There was very little discussion by the Commission and only a few residents of the Deerwood Addition were in attendance. Their main concern was increased traffic on the shared driveway with the elementary school and the construction traffic. Kevin Sullivan, the school district's architect, • responded to those questions to the satisfaction of residents. This property has been designated as a school site on the City's Comprehensive Guide Plan since 1988 and as a result, there was very little discussion by the Commission. Condition #3 regarding a second access was deleted since another condition dealt with the same issue. If you would additional information on this item, please contact me. • City Planner JS/js • t 1 '1 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR v/FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 13, 1992 RE: DEERWOOD SCHOOL 2ND ADDITION BACKGROUND: The Advisory Parks, Recreation and Natural Resources Commission met on May 7, 1992 to review the proposed plat for the new middle school -Deerwood 2nd Addition. Staff reviewed . for the Commission the site plan and water quality issues. PRIMARY CONCERNS: The District is proposing to relocate an existing ponding area, which is surrounded by trees in order to accommodate the facility program needs for playfields. The site plan does not 110 now meet the districts needs for field space typical of most middle schools; consequently the district is grading out the pond and trees. A new pond is being created to be located on the site immediately east of the current driveway entrance. This pond will meet a significant portion of the site's water quality program needs. Several members expressed concern over the loss of trees and wetland as a result of the removal of the lowland pond and trees to expand field space; other members expressed the sentiment that field needs were important to the district's school needs; that any requirement to keep the ponds and trees would seriously disrupt the school's plan for needed facilities. It was also pointed out that there was no option to acquire additional land. COMMISSION RECOMMENDATIONS: After considerable discussion a motion was made by Member Markell recommending that the proposal be subject to a cash trails dedication; that the school district take a closer look at preserving the area south of Deerwood consisting of a depression surrounded by trees as a possible outdoor education area that could tie in with the ball fields and athletic fields; and that the school district consider looking for additional land acquisition. Mr. Markell indicated the intent of the motion was designed to have the district look at environmental education as an important part of the students curriculum - as important as the need for playfield/physical education needs. After discussion, in which the intent of the 411/ motion was clarified, the motion carried 6-1, with Chairperson Johnson voting no. Mr. Johnson stated he supported the idea of environmental education but that it appeared the district did not have any alternative to the plan as proposed if it were to meet the district program requirements. as MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 13, 1992 RE: INDEPENDENT SCHOOL DISTRICT 196 DEERWOOD SCHOOL 2ND ADDITION The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their May 7, 1992 meeting and make the following recommendations to the City Council: 1. This proposal be subject to a cash trails dedication. 2. That the school district take a closer look at preserving the area south of Deerwood consisting of a depression surrounded by trees as a possible • outdoor education area that could tie in with the ball fields and athletic fields. 3. That the school district consider looking for additional land acquisition. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • / / • I�� SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* KENNETH R.HALL JAMES F.SHELDON 600 MIDWAY NATIONAL BANK BUILDING "'SLORE DM.SOLFEST JOHNSTON J. PATRICK WILCOX* 7300 WEST 147TH STREET LOE M.M.MARGARIT MICHAEL G. DOUGHERTY**** ANNETTE M. MARGARIT MICHAEL E. MOLENDA** APPLE VALLEY, MINNESOTA 55124 DANIEL M. SHERIDAN (612) 432-3136 SHARON K.HILLS TELEFAX NUMBER 432-3780 MARK D.STENBECK ALSO LICENSED IN IOWA OF COUNSEL: **ALSO LICENSED IN WISCONSIN JOHN E.VUKELICH •**ALSO LICENSED IN NEBRASKA ***`CERTIFIED REAL PROPERTY LAW SPECIALIST,MSBA May 14, 1992 The Honorable Mayor and City Council City of Eagan City Hall Eagan, Minnesota 55122 RE: City of Eagan v. Meritor Development Corporation, et. al. Lexington Square Court File No. C7-89-7516 Dear. Mayor and Council Members: Enclosed please find the Release and Settlement Agreement which has been agreed to by counsel for all the parties and which has been sent to all parties for their signatures. This Release and Settlement Agreement is the result of a prolonged negotiation over terms and conditions, after the City, through Mayor Egan and Tom Hedges, and Eugene Heiwig of Meritor Development Corporation agreed upon the settlement figure of $120,000.00. The major focus of these negotiations were Paragraphs 2 and 3 of the Release and Settlement Agreement. These are referred to as Pierringer Releases. In January, 1992, Meritor and Suburban Engineering Company brought a Motion which allowed them to add Bonestroo as a Third Party to this action. Among the claims asserted in this Motion and the subsequent Third-Party Complaint against Bonestroo, was that any damage caused in the Lexington Square Development was due to Bonestroo's design of the trunk storm sewer and the Comprehensive Storm Sewer Plan. Thus, these two design features, which impact all of the City of Eagan, were made direct issues in this case. Consequently, the City of Eagan insisted that any rights it had against Bonestroo relating to these matters be preserved and not compromised as part of any settlement agreement. In addition, Bonestroo contributed no money to the settlement of this matter. While Meritor, Enebak and Suburban did not object to us preserving our rights against Bonestroo, they were concerned that, should the City sue Bonestroo, Bonestroo should not be allowed to bring Third-Party claims against them regarding matters in Lexington Square which could cause these parties to indirectly pay additional amounts for defects in the Lexington • The Honorable Mayor and Council Members May 14, 1992 Page 2 Square Development. Paragraph 2 of the Release and Settlement Agreement addresses that concern. Paragraph 3 is a reciprocal agreement by Meritor, Suburban and Enebak providing mutual protection for the City from claims by Bonestroo, should any of those Defendants sue Bonestroo. Essentially, Paragraph 2 provides that should the City sue Bonestroo for any drainage matters within Lexington. Square, then the City agrees to indemnify Meritor, Enebak and/or Suburban against any Third-Party claims by Bonestroo for contribution and indemnity. Practically speaking, any judgment awarded to the City and against, in whole or part, Meritor, Suburban and/or Enebak would be reduced by the amount awarded against those parties. The City would be allowed to prove that the defects were not the fault of Meritor, Enebak and/or Suburban at the City's cost, in order to minimize this reduction in any judgment awarded. Similarly, under Paragraph 3, the City would likewise be indemnified by Meritor, Suburban and/or Enebak should these parties commence a lawsuit against Bonestroo. It is important to note that these releases apply only to lawsuits started by parties to the Release and Settlement Agreement against Bonestroo. In all other instances, there would be no obligation to indemnify the other parties to this Release and Settlement Agreement. Paragraphs 8 through 10 of the Release and Settlement Agreement also bear mentioning. These paragraphs relate to final acceptance of the Development Contracts and release of the Letters of Credit providing security for these Development Contracts. As none of Meritor, Suburban and/or Enebak have performed any construction services within the last four years, and no other defects or deficiencies were noted in the Lexington Square Development, the City staff recommended that the City accept this demand by Meritor that these Development Contracts be accepted and the Letters of Credit released. Accordingly, the City's execution of the Release and Settlement Agreement constitutes an acceptance and satisfaction of the Development Contracts and all obligations thereunder, including the two year guaranty. In addition, the Court Order will direct that the Letters of Credit be returned to the attorneys for Meritor. The other provisions to this Contract are fairly standard in litigation of this type and essentially release all parties from claims arising in the Lexington Square Development for the settlement price of $120,000.00. The Honorable Mayor and Council Members May 14, 1992 Page 3 If you have any questions regarding the foregoing or any of the other terms of the Release and Settlement Agreement, please contact us at your convenience. Very truly yours, 7E S WILCO. & SHELDON, P.A. J. Patrick Wilcox JPW/jhz cc: James F. Sheldon Enclosure STATE OF MINNESOTA DISTRICT COURT COJNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: City of Eagan, a Minnesota municipal corporation, Court File No. C7-89-7516 Plaintiff, v. RELEASE AND SETTLEMENT Meritor Development Corporation, a AGREEMENT foreign corporation, Meritor Mortgage Corporation Central, a/k/a Meritor Mortgage Corporation, a Minnesota corporation, Meritor Savings Bank, f/k/a The Philadelphia Savings Fund Society, a foreign corporation and Suburban Engineering, Inc. , a Minnesota corporation, Defendants. and Meritor Development Corporation and Knutson Mortgage Corporation, f/k/a Meritor Mortgage Corporation Central, f/k/a Northland Mortgage Company, and Suburban Engineering, Inc. Defendants and Third Party Plaintiffs, v. Enebak Construction Company and Bonestroo, Rosene, Anderlik & Associates, Inc. , Third Party Defendant. This Release and Settlement Agreement (the "Agreement") is entered into this day of , 1992 between and among Plaintiff City of Eagan ("City of Eagan") ; Defendants Meritor Development Corporation ("Meritor") , Knutson Mortgage Corporation, f/k/a Meritor Mortgage Corporation f/k/a Northland Mortgage Corporation ("Knutson"), Meritor Savings Bank, f/k/a The Philadelphia Savings Fund Society ("Savings") , Suburban Engineering, Inc. ("Suburban") ; and Third Party Defendant Enebak Construction Company ("Enebak") . • WHEREAS, City of Eagan commenced the above-entitled action on or about July 12, 1989, alleging damages arising out of, among other things, the flooding or potential flooding of certain areas located within the City of Eagan, legally described as Lexington Square Addition and Lexington Square 2nd through 7th Additions, Dakota County, Minnesota, hereinafter referred to as the Lexington Square Development, which City of Eagan alleged resulted from Meritor's, Knutson's, Suburban's and Enebak's alleged improper construction and/or design of certain aspects of the development; and WHEREAS, certain Defendants have asserted the third party actions and crossclaims alleging, among other things, their entitlement to contribution and/or indemnity in the event they were ultimately found liable to City of Eagan; and WHEREAS, Meritor, Knutson and Suburban served a Third Party Summons and Complaint against Bonestroo, Rosene, Anderlik & Associates, Inc. ("Bonestroo") following the Court's Order of February 4, 1992, but Bonestroo has not served any pleading in this action but instead was granted an indefinite extension of its deadline to serve an Answer pending attempts to settle and resolve this litigation; and WHEREAS, Meritor and Knutson asserted counterclaims regarding City of Eagan' s refusal to accept certain portions of the development and release letters of credit continuing to be held by City of Eagan; and WHEREAS, the parties hereto now wish to fully and finally resolve all claims asserted or that could have been asserted in this action, except as to those specifically set forth below. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which his hereby acknowledged, the parties hereto agree as follows: 1 . In consideration of the mutual relinquishment of the respective legal rights with reference to the above-mentioned disputes and differences and in consideration of the payments by Meritor, Knutson, Savings, Enebak and Suburban to City of Eagan of the amount specified in Paragraph 4 hereof, the receipt of which is hereby acknowledged, and in consideration of the execution of this Agreement under the terms and conditions hereof, each of City of Eagan, Meritor, Knutson, Savings, Suburban and Enebak hereto for itself, its past, present or future agents, successors and assigns, expressly releases and discharges the others, their agents, successors and assigns, from all liability for any and all past, present or future claims and demands relating to the Lexington Square Development (with the exception of the claims noted below), including, but not limited to, those claims that have been asserted or that could have been asserted in the above-entitled matter. This release shall also encompass, without limitation, any claims that were asserted or could have been asserted, directly or indirectly, related to the construction and/or design of the Lexington Square Development or arising out of the development contracts pertaining to any -2- portion of the same. Any claims of Meritor, Knutson, and Suburban against Bonestroo shall be dismissed without prejudice by these parties. This release shall extend to Suburban's claim for amounts allegedly owed by Meritor, Savings, Knutson and Enebak for any and all services allegedly performed in connection with the Lexington Square Development or in connection with responding to the claims of City of Eagan whether prior to or subsequent to the commencement of this action and to any claim for contribution and/or indemnity by any party hereto whether now existing or arising in the future. This release, however, shall not encompass or prejudice any unasserted claims of City of Eagan against Bonestroo. 2. City of Eagan agrees to indemnify and hold harmless Meritor, Knutson, Savings, Enebak and Suburban (the "Construction Defendants") in connection with any crossclaims, claims or demands for contribution and indemnity which might be made against the Construction Defendants in the event the City of Eagan, as the First Party Plaintiff, subsequently initiates any action as the First Party Plaintiff against Bonestroo with respect to the storm water retention facilities, storm water drainage, grading, trunk sewer pipes, or lateral pipes located in the Lexington Square Development. In the event that any such claim is brought, or any such action instituted by the City of Eagan wherein the City of Eagan is the First Party Plaintiff against Bonestroo and such crossclaims, claims or demands for contribution for indemnity are made against any of the Construction Defendants to recover all or any part of any judgment or settlement amount, City of Eagan may, at its option, provide a good faith defense of such claim but the exercise or non-exercise of this option and the providing or not providing of a defense shall have no effect on City of Eagan' s obligations to indemnify and hold harmless the Construction Defendants. The Construction Defendants shall cooperate in the defense of any such claims to the extent reasonably requested by City of Eagan's counsel, including but not limited to: ( I ) Making employees, officers or agents of Construction Defendants available to prepare to testify and to testify both prior to and at a trial of the matter; and (2) Furnishing documents and copies of documents reasonably necessary for said defense at Construction Defendants' expense. City of Eagan agrees to discharge any portion (percent) of the total amount of any judgment or award which might be represented by the Construction Defendants' fault, if any. It is specifically understood that City of Eagan will indemnify the Construction Defendants for any and all claims based upon any amount deemed to be uncollectible and which might thereafter be reallocated to the Construction Defendants. City of Eagan waives any claim, whether statutory, under the common law, or otherwise, that any of the Construction Defendants were jointly or severally liable or responsible for any award to City of Eagan. -3- 3. The Construction Defendants, and each of them, agree to indemnify and hold harmless the City of Eagan in connection with any crossclaims, claims or demands for contribution or indemnity which might be made against the City of Eagan in the event any or all of the Construction Defendants, as First Party Plaintiffs, subsequently pursue any claim against Bonestroo with respect to the storm water retention facilities, storm water drainage facilities, grading, trunk sewer pipes, or lateral pipes located in the Lexington Square Development. Only those Construction Defendants who are acting as First Party Plaintiffs are obligated under this Paragraph. In the event that any such claim is brought, or any action instituted by any or all of the Construction Defendants, wherein any or all of the Construction Defendants are the First Party Plaintiff, against Bonestroo and any crossclaims, claims or demands for contribution and indemnity are made against the City of Eagan to recover all or part of any judgment or settlement amount, the Construction Defendants who are acting as First Party Plaintiff or Plaintiffs may, at their option, provide a good faith defense of such claim but the exercise or non-exercise of this option and the providing or not providing of a defense shall have no effect on the applicable Construction Defendants' obligations to indemnify and hold harmless the City of Eagan. The City of Eagan shall cooperate in the defense of any such claims to the extent reasonably requested by the First Party Plaintiff's Construction Defendant's counsel, including but not limited to: (1) Making employees, officers or agents of the City of Eagan available to prepare to testify and to testify both prior to and at a trial of the matter; and (2) Furnishing documents and copies of documents reasonably necessary for said defense at the City of Eagan's expense. The Construction Defendants who are acting as First Party Plaintiffs, and each of them, agree to discharge any portion (percent) of the total amount of any judgment or award which might be represented by the City of Eagan's fault, if any. It is specifically understood that the Construction Defendants who are acting as First Party Plaintiffs, and each of them, will indemnify the City of Eagan for any and all claims based upon any amount deemed to be uncollectible and which might thereafter be reallocated to the City of Eagan. The Construction Defendants, and each of them, waive any claim, whether statutory, under common law, or otherwise, that the City of Eagan is liable or responsible for any award to any or all of the Construction Defendants. 4. Upon execution of this Release and Settlement Agreement, Meritor, Knutson, Savings, Enebak and Suburban shall pay City of Eagan the aggregate sum of $120,000.00, by certified funds or cashier's check, made payable to the City of Eagan. 5. It is specifically agreed and understood that, by reason of entering into this Agreement, none of the parties admits any liability or responsibility of any sort and each party intends hereby merely to buy its -4- peace and avoid further cost and expense and protracted litigation regarding construction and design of the Lexington Square Development, and that such parties have made no representations as to the extent of damages involved herein or as to the liability issues raised in their disputes and differences; and, it is further specifically understood and agreed that this Agreement shall not be construed as an admission of liability on the part of any party hereto or by anyone else, liability having at all times been specifically denied. 6. Each party to this Agreement will direct its respective attorneys to forthwith enter a Stipulation of Dismissal whereby each party agrees to dismiss with prejudice and on the merits, all claims against every other party to this Agreement and Meritor, Knutson and Suburban agree to dismiss without prejudice all claims brought against Bonestroo. 7. This document shall constitute the entire agreement between the parties hereto and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. 8. City of Eagan's signature on this Agreement shall constitute final acceptance of each development contract regarding each phase of the Lexington Square Development that has not yet been finally approved and accepted, as well as an acknowledgement that all obligations of the Construction Defendants thereunder, including any guarantees, are fully satisfied and complete and City of Eagan fully discharges and releases the Construction Defendants from any subsequent obligation thereunder. 9. City of Eagan agrees, by its execution of this Agreement, to cooperate, if necessary, with the release to Larry Guthrie, Esq. or Philip Colton, Esq. and Maun and Simon of any and all letters of credit deposited with the Court in this matter pursuant to the Court's Order filed August 28, 1989, as well as any other letters of credit given by Meritor, Knutson and/or Savings to secure completion of these subject Lexington Square Development Contracts. The Stipulation and Order of Dismissal shall direct the District Court Administrator to release the letters of credit held by the Court to Larry Guthrie, Esq. or Philip Colton, Esq. City of Eagan shall have no further obligation or liability with respect to these letters of credit. 10. All parties hereto agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and intent of this Agreement and the parties' agreements. 11. This Agreement shall be governed and interpreted in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Release and Settlement Agreement as of the day and year first above written. -5- CITY OF EAGAN Dated: By Thomas A. Egan Its Mayor Attest: By E.J. VanOverbeke Its City Clerk • -6- MERITOR DEVELOPMENT CORPORATION Dated: By Its KNUTSON MORTGAGE CORPORATION Dated: By Its MERITOR SAVINGS BANK By Maun and Simon, Its Counsel Dated: By Larry B. Guthrie, a Partner -7- ENEBAK CONSTRUCTION COMPANY Dated: By Its -8- SUBURBAN ENGINEERING, INC. Dated: By Its -9- °J MINUTES OF A REGULAR MEETING OF THE ::E*GAN,CITY COUNCIL Eagan,Minnesota May 5,1992 A regular meeting of the Eagan City ,of iag:bolci:idii:Tuesday,May 5,1992,at the Eagan Municipal Center. Present were Mayor Egan and Ccuaeilmembers Wachter,Awada,McCrea,and Pawlenty. Also present were City Administrator Hedges, Cornnigi y Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Pawlenty moved,McCrea seconded;a motion to approve the agenda for the May 5, 1992,regular City Council meeting as presented noting that*wo Conset t.Items would be requested for continuance when they are addressed. Aye: 5 Nay 0 tl # 5€ Wachter moved,Pawlenty seconded;'a'ri4tititiztito'appttive the minutes of the April 21,1992,regular City Council meeting as presented. Aye: 5 Nay: 0 PRY• E.TA "..N '' ' 'l'1kFLt:A Kris Hageman, the City of Eagan's Recycling Cgordiz tor, made brief remarks regarding the City's recycling programs and then presented the Mayor and.City.Council with a plaque that had been given to Eagan by the Dakota County Board in recognition of.the City's.eflorts in residential recycling. PROCLAMA11O IBMVO 1,Y. MR MS a o,., ' Mayor Egan read a proclamation declaring May Ei . :as Bret Yonke Day in the City of Eagan. The proclamation recognized Mr.Yonke and his contribution to a positive community image for the City and its high school. Mr.Yonke and members of his family were present and the proclamation with accepted with his thanks. McCrea moved, Wachter seconded, a motion approving a resolution recognizing Bret Yonke as Mr. Basketball 1992 and proclaiming May 6, 1992, to be Bret Yonke Day in the City of Eagan. Aye: 5 Nay: 0 Councilmember Pawlenty referred to a Police 13epartment report which discussed the sale of cigarettes to minors. The Councilmember suggested the Police:begin citing those establishments in violation of the law. Councilmember Pawlenty also suggt :tsst £ainseitake a study of whether or not the City of Eagan should go from a City Administrator to a City Manager••farm of government. Councilmember Wachter said he would like to know the pros and cons of such a move as well as any advantages to the City. It was noted that a change of this type would be decided by referendum. City Administrator Hedges noted #igtItem I,Radii* rb of Meghan's Addition Denial Resolution;and Item J, Resolution/Application for Minnesota Lawful Gambling Premises Permit, Dakota County Humane Society, LaFonda's were recommended *.:continuance to the.3une 2, 1992, and May 20, 1992, regular City Council meetings, respectively. Es. Page 2/EAGAN CITY COUNCIL MINUTES • May 5, 1992 %-•••••• A. Personnel Items Item L Seasonal Utility Mainteni".• f*..Workers—It was recommended that the hiring of Paul Christensen, Timothy Manko, and Peter Slanga as seai utility maintenance workers be approved. Item 2. Seasonal Park Maintenance Workers—It was recommended that the hiring of Jill Preuninger, Matt Freeland and Brian Trotter as seasonal park maintenance workers and Heather Rougier as a seasonal park attendant be approved. •'•• ••••••••• B. plumbers Licenses • ....•.•. It was recommended that the Plunbçrs Lid:4*es be approved as presented in Exhibit A. C. Proclamation.B-Bop to Worli:iik;• :•*1;4k::::::::: It was recommended that a resolution declaring May 19, 1992, as B-Bop to Work Day in the City of Eagan be approved. D. License. Cigarette for Tobak Shack. Cedarvale Shppping Center ........ It was recommended that a cigarette licApolOi:t0fiiii*Shack located at Cedarvale Shopping Center be approved as presented. .....•..•• ..•• E Declare Surplus Property for PUblit:A.1Ktion on May 30. 1992 . •• It was recommended that the surplus property City's public auction to be held at 9:30 a.m. on May 30, 1992, be approved with the understanding that the.proceeds from thirteen donated bicycles be allocated to the Eagan Police Explorer program. F. Consideration of UNISYS Park Special Assessment Reallocations It was recommended that the UNJSY:S;tati*special.:assr4sment reallocations be approved. .•••••••••,_.•::•• G. consideration of Resolution Cllg Geneial'Obligation Improvement Bonds of 1982 for Redemption, ••' It was recommended that the reOition calgiii the general obligation improvement bonds of 1982 for redemption be approved. H. Receive Bids/Award Contract.Tractor. Parks &Recreation Department It was recommended that the bids be received and the contract for the utility tractor be awarded to Carlson Tractor for Model #4630 in amount of S30,744.yfith the extended warranty for $960.00. I. Ratification. Meghan's Addition Thival ResolubP4:••• •:•::.:. It was recommended that ratification of the Meghan's Addition denial resolution be continued to the June 2, 1992, regular City Council meeti*::::: •••••:• •.•:•••••:•:•:•:•:•:•:•:••••••••••••:•:-:•:-:•••••••• • • • Page 3/EAGAN CITY COUNCIL MINUTES May S,1992 J. Resolution/Application for Mignesotq;I, wful gambling Premises Permit.Dakota County Humane Society. La Fonda's It was recommended that a resoli: on to permit the Minnesota Valley Humane Society to conduct charitable gambling operations on the L4iiida's De Los Lobos premises be continued to the May 20, 1992, regular City Council meeting. • K. Consider Authorization to Proceed with Bids for a Large Capacity Mower.Parks and Recreation • Department It was recommended that a rea l lcation of resources provided for in the 1992 budget for capital equipment to permit the acquisition of a second higl :dapacity rotary mower in lieu of the previously approved equipment be approved as identified. L. Consider Authorization to Proc 4.*fi-Piiz i e of:a Bauer Compressor.Fire Department It was recommended that authorization to proceed with the purchase of a Bauer compressor by the Fire Department be approved and a $4,148 increase authorized in the equipment certificate funding. M. License. Tree Contractor for Davey Tree Company .. It was recommended that the tree contractor..JicensefcirDavey Tree Company be approved as presented. • N. Final Plat. Wexford ' • It was recommended that the final plat''for:Oe;:Wexfgrd Addition be approved as presented. •O. Stipulation of Settlement Stertz vs City of Eagan:'Mirstad vs City of Eagan It was recommended that the stipulation of settlement in the matters of Stertz vs City of Eagan and Marstad vs City of Eagan be approved as presented. P. Proclamation for National Public:•Wailt Week•.:.::.;.; It was recommended that May:#3- 3, 1992 b proclaimed as National Public Works Week with an official kick-off Open House/Dedication of the City'•S•'new Water Filtration Treatment and Central Services Maintenance facilities on May 16 and thir::MQayor and.City Clerk authorized to execute said proclamation. O. Contract 91-01. Change Orddfy:#i{'f; ;: # *Oi ierman Drive) It was recommended that Change Order #1 to Contract 91-01 be approved and the Mayor and City Clerk authorized to execute all related documents. • R. Expenditures for Emergency Atil5pe Doodle Road Reservoir It was recommended that the expeiiiaiture of public:dads for the emergency work for the damage associated with the recent overflow of the'Yankee Doodle Reservoir'be approved. • • • Page 4/EAGAN CITY COUNCIL MINUTES May 5, 1992 . S. Final Plat. Deerwood Ponds .......:.:.:.: It was recommended that the final l for 1)trwood'Ponds be approved as presented. McCrea moved,Wachter second motion to approve the Consent Agenda with the continuance of Items I and J. Aye: 5 Nay: 0 iltiMicatrAIWCW VACATIONI*I'LOT 1;KNOB HILL OF EAGAN Mayor Egan introduced this item:as a Vacation of Drainage&Utility Easements for Outlot D,Knob Hill of Eagan Addition. The developer was: ►ren;:: : • Wachter moved,Awada seconded, a motion to close the public hearing and approve the vacation of drainage and utility easements over Outlot D, Knob Hill of Eagan Addition, as described and authorized its recording.at Dakota County only with the simultaneous recording of the Deerwood Ponds final plat. Aye: 5 Nay: 0 PARKING:P' IVEAGAT HIGH SCHOOL Mayor Egan introduced this item as:R p oz.regarding on-street parking at Eagan High School. City Administrator Hedges provided background and said:t a.t the:City.Council,upon receipt of a petition from the residents, directed staff to study the various options available to correct the problem. Director of Public Works Colbert said that the area of impact had been studied,and staff had reduced the number of signs they are recommending,to control the parking. He said he and Chief of Police Geagan believe the most effective way to handle the situation is a parking by permit only system whereby permits would be issued by the Police Department to affected homeowners. There is always the concern,however,that students will only move down the street into unposted;aftas:::: Jim Williams,4172 Reading,thai4ii. the City Council for their efforts and said he was glad to see the School District had agreed to participate.ut.the cost. • The Council,while pleased the i tte:Nyii tdflg:br.o ht.to a conclusion, still found it unfortunate that money must be spent on signs and enforcoit tity#ecaisetiidiwnts are not allowed to park in the high school parking lot. Awada moved,Egan seconded,a motion to approve the implementation of a permit parking system in the Stafford Place neighborhood adjacent to The. :High School with the understanding that the costs will be shared by School District#196 and the y:, t :Ci'ty's 50%to consist of labor and equipment and ISD 196's 50% to consist of the materials. Ayre:.: 4:14a, . 1'(Vtrar it r) SENECA DEVELOPMENT AGREEMENT AMENDMENT Mayor Egan introduced this item as;fheExeC►ttf4A.ij :an Amendment to the Seneca Plant Development a f:t#b:a eement and then residents,Bea Blomquist Agreement. City Administrator Hedges Ertl •�;,,, .�tjf. gr and Betty Bassett briefly expressed their support for the agreement and their thanks for the efforts of the City • Page 5/EAGAN CITY COUNCIL MINUTES May 5, 1992 ---- Council and the Wuthering Heights neighborhood,.;Harold Vogt,representing the Metropolitan Waste Control Commission,was present to answer any q , Wachter moved, McCrea second*;:a motion to approve the first amendment to the Seneca Plant Development Agreement as presented ar 8 5rected its execution. Aye: 5 Nay: 0 DAKOTA ALLIANCE FOR PREVENTION NOMINATION Mayor Egan introduced this item as a nomination for the Dakota Alliance for Prevention. After some discussion as to the appropriateness of tiif:Pity Council suggesting candidates for the Alliance,it was decided that the names of two or three candidates:would be warded to DAP for their consideration. After the first ballot,McCrea mci�ti d,Wacl4 r seconded,a motion to nominate Margie Hogan,David Griffin, and Mary Kurchinka as a community•r esentatiVe.for.consideration by the Dakota County Board of Commissioners for the Dakota Alliance f.*:Prev ::A'e ?:?::May: 0 All nominees will be contacted regarding the City Council action. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/GREAT OAKS ADDITION Mayor Egan introduced this item eliensive guide plan amendment, Great Oaks Addition/Robert Engstrom Companies,chapg t :land iise from D-III(Mixed Residential,6-12 Units/Acre) to D-I (Single Family), a rezoning of approximately 17 aches from R-4 within The Woodlands North Planned Development to R-1 (Single Family), and a:O.Oisiwy..piii consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14. City Administrifoi*::144404g4ed that a public hearing was held before the Advisory Planning Commission at their March 24 meeting•airli::tbbiey:had recommended approval. The issue came before the City Council at their April 9 meeting, however, because of questions regarding several of the conditions of plat approval,including the future of Trails End Road,the item was continued. A neighborhood meeting was held April 23. Director of Community Development Runkle reviewed The application and said Robert Engstrom Companies is proposing to vacate the east 30'of Trails End Road right-of-way,however,not all neighbors are in agreement with that proposal as it presently stands. Mr.Engstrom was available to answer • questions. Wendell Widstrom,3560 Trails End c bj'rcted to any changes in Trails End Road and asked that the item be continued for two weeks. Director of Community Development Runkle attempted to reassure Mr. Widstrom that even if the easterly 30'of t3i :60'of deilcated right of way were vacated,access and maintenance of the existing road would remain as it is;ri :::::::::::.:::::•:•:•:•:•:•:•:•::•:•; Ken Greene,3555 Trails End Road,was concerned that if the easterly 30'of the Trails End Road right- of-way were vacated,it would not be a"legal"right-of-way. Director of Public Works Colbert said the remaining 30' covering the existing roadway would be adequate for its present use but would not if the property were subdivided. Mr.Greene asked what would happen if the.Hesse's asked for a vacation of the westerly 30'of right- of-way? It was noted by the City Council,that: s: gas ails End Road were the only access to the Greene and Widstrom properties, such a request w.t i ld:•iitit be`co ted. Carol Hesse questioned at what point they could request a vacation of Trails End Road Director of Pi bht Works Colbert said that if alternate accesses are eventually provided to the Greene and Widstrom properties the Hesse's could petition for the vacation and go through a public hearing process. • • 1 Page 6/EAGAN CITY COUNCIL MINUTES May 5, 1992 Mr.Widstrom then said that if the southern cul de sac in Great Oaks were extended further south,he his company was to look at such a would have no objection to the develop �t,::l�t :�;aim�ai p Y willing layout and plat that portion of the developrii'iiilt'iii ait'2►itli t'i,o'It'iaould be explored further with Mr.Widstrom. Discussion then turned to the 16.":trunk water main through the Great Oaks development and where it would cross properties owned by the Greene's, the Hesse's, or the Widstrom's. Director of Public Works Colbert explained that the alignment and location are not known at this time but would be compatible with the development of those properties. Steve Bryant,representing West;P.ublishing,.said that West owns the property to the east of the Great Oaks development and wished it noted that:they do:3ntend to develop the property at sometime in the future. After additional discussion,Pawlen moved :McCrea seconded,a motion to approve a comprehensive guide plan amendment for Great Oaks AdMon/Robert•Engs rom Companies from D-III (Mixed Residential) to D-I (Single Family). Aye: 5 Nay:0:: :•;:..::••:.::::: ::<•.•: >: Pawlenty moved,Wachter seconded,!;a motion to approve a rezoning of approximately 17 acres from PD R-4 (Multiple Residential) to R-1 (Single-Family). Aye: 5 Nay. 0 • Pawlenty moved,McCrea seconded,*motion to approve a preliminary plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14 and subjecE::'tG:the following amended conditions: • 1. These standard conditions: ':plat:approval as adopted by Council action on July 19,1990,shall • be complied with Al, Bl, B2,B3, B4, Cl, C2;6;:.6.-;::D :RI,;.Fl, Gi, and H1 2. A copy of the homeowners'association incorporation,bylaws,and covenants shall be submitted to the City Attorney prior to final plat application and recorded with the plat at Dakota County. 3. A variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be approved. 4. Concept plans for house. sass aiiii:gac ; iociessary for Lots 6 and 7,Block 1,and the cul-de- sac serving these lots shall i3ie subn40.1.for staff review prior.to final plat application. 5. Tree preservation shall::le:achieved::Oith a physical barrier prior to any site grading. Tree preservation areas shall.:ic: .. 4::t •inai.:grading Plan. 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. Outlot A shall become part of adjacent lots in the PD R-2 property to the north when Phase II is platted. • 8. •Pond JP-14,which will be: '>.ea€idd'in•flit:icentral portion of the site,shall provide 0.2 acre feet of pond storage volt a maximum diiarge rate of 1 cfs, a minimum surface area of 0.13 acres and a minimum wet pond volume.:4-031 acre feet. • • 9. Pond JP-14.1,which wil#:15e::4ocated in:th, :semi:.of the site,will require a pond storage volume of 1.9 acre feet,a maxima i cl §:::4 r:ttf: :cfs,a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 aci•e feet. • Page 7/EAGAN CITY COUNCIL MINUTES May 5, 1992 10. The proposed grading plan'for Lots 29 and 30 and Great Oaks Court in the northwest corner of the site needs to be r' d:;Cg. 4:41:: :storage volume of 2.0 acre feet and a pond storage volume of 3.2 acse:fCer fir`: 'idlt : '- :3:: . 11. If necessary to improve fe:protection and looping of the water distribution system to serve this site, the water main on:die'west end of the development shall be ex tended to connect to the existing 8"water main in Woodland Trail to the south or to the existing 8"water main in Trails • End Road to the north. 12. Platting of the lots along: ,e west side of this development will require the vacation of the east half right-of-way or the Uflgiading ctTrails End Road to current City standards along the entire, westerly edge of the development.:;:_: 13. The plat and street lay out elan shall be revised at the northwest corner of the site to allow the design on Lots 28, 29, a aii410:04;r40.#:gaks...ckourt to meet City standards. 14. The platting of Lots 29 and 30 in the northwest corner of the site shall extend to the north to • the future south line of the proposed duplex lots of Woodland North. 15. The development is required to provide a pond easement across proposed Lots 29 and 30 for Pond EP-2.3. • 16. Since sewer,water and imp.r..oyed•:**.itr:4e.ess are not proposed to Lot 24,it is required to be platted as an outlot. 17. The normal water level of Pond`1P44:1:should be set to protect the existing trees to the• greatest extent possible along the eastttdge' iiixe pond. 18. The development is required to clear all ponding areas of trees below the normal water level of the pond. Aye: 5 Nay: 0 NITTI DISpOwypongoolg,USE PERMIT Mayor Egan introduced this item'Ais'a Condit final Use Permit,for Nitti Disposal,Inc.,to allow outdoor storage in an LI (Light Industrial) District:on:Lot $;.Block 1, Sibley Terminal Industrial Park located west of Highway 13, north of Yankee Doodle R:41.in..the.SB 1./4:of.Section 8. City Administrator Hedges provided background on the application. Councilmember Awada asked what had been worked out with the applicant concerning the upgrading of the parking lot. Director of Community Development.Runkle said that a time frame had not been addressed but the parking lot is to be upgraded at sometime in the future. Russ Schweihs, of Nitti Disposal,t 4::that tM::rw-off contamination from their operation is very minimal as these are recyclables not garbag ::He said that tiring a structure to store recyclables is of concern to his company because of the high costs:'' vir. Schweihs suggested a tarp on each of the bins to cover the • materials and explained how they would TiVk. He pointed out:fit recycling materials were not on site longer than 48 hours. • • • • Page 8/EAGAN CITY COUNCIL MINUTES May 5, 1992 Councilmember Awada expressed concerns that requiring a structure would discourage recycling and this business. She said a compromise war< d:apd:;si ggestect:a six month temporary permit. She said after that time the use of the tarps could be as to their effectiveness at that time Councilmember McCrea said she was wiJbg to support Councilmember Awada but would like to look at the financial statements of the company. In answer to a question,City Attorney Sheldon said a conditional use permit would be adequate for this purpose but it would be necessary to nary define the permit through conditions. He said a hearing could be provided for and held at the end of a specific time frame at which time it would be determined whether or not conditions had been met. In addition,.MI•. Schweihs said their financial statements would be delivered to Mr.Runkle and that the length of time necessary tti: Anstruct the parking lot would also be determined Awada moved, Pam McCrea sounded, a'aatption to approve the preparation of documents to be presented to the City Council as a Consent'Item for ratification at the May 20, 1992, regular City Council meeting for a temporary,six-month condition : fdt.Nitti.Disposal for outdoor storage in an LI(Light Industrial) District on Lot 8,Block 1,Sibley`'ertiriiial:T�ii�cisrial Park,with the inclusion of conditions relating • to: 1) the presentation of the Company's financial statements, 2) the enclosure of recycling bins by spool- operated tarps, and 3) the clarification of Condition 11 relating to the date by which resurfacing of the parking lot shall occur. Aye: 4 Nay: 1 (Wachter) Because he did not believe it was appropriate for Nitti.pWosal to have operated within the City without approval, Councilmember Wachter voted against the: ORDINANCE AMENDMENT/O'111ER IUSINESS REGULATION&LICENSING Mayor Egan introduced this item as in ordinance ariieniiment for the City of Eagan,to the City Code, Chapter 6,Other Business Regulation and Licensing,by amending Section 6.37 regarding Garbage,Refuse,and Recycling Haulers. Pawlenty moved,Wachter seconded,a motion to approve an ordinance amendment to Eagan City Code, Section 637 regarding Garbage,Refuse andRcling Haulers.as presented. Aye: 5 Nay: 0 ORDINANCE AMENDMENWPUBLTC::I'ROTECTION,CRIMES &OFFENSES Mayor Egan introduced this item:.as an ordinance amendment for the City of Eagan,to the City Code, Chapter 10,Public Protection,Crimes an Q 'eases,• t amending Section 10.01,regarding Storage,Deposit and Disposal of Refuse. '.'.'.`.'.`::...,....:.::.,.. Wachter moved,Awada seconded,a motion to approve an amendment of the Eagan City Code,Section 10.01 regarding Storage, Deposit and Disposal of Refuse as presented. Aye: 5 Nay: 0 ORDINANCE AMENQME194D PLAIN REGULATIONS • Mayor Egan introduced this item. i :as ii ordinance_ainptlment for the City of Eagan,to the City Code, Chapter 13, Platting, regarding Flood Plaanti legulations. McCrea moved, Wachter seconi led a motion to.apprcwc the City Code amendment to Chapter 13 regarding flood plain regulations. Aye: • • Page 9/EAGAN CITY COUNCIL MINUTES - May 5, 1992 ORDINANCE AMENDMENTS/CODIFICATION Mayor Egan introduced this iteni as:t%'co canon•:iirordinance amendments. Awada moved, McCrea seconder::e motion to approve ordinances numbers 139-141 and to approve codification of ordinances 120-141 excluding numbers 127 and 128. Aye: 5 Nay: 0 • FRONT SETBACK VARIANCE/HOSFORD 1ST ADDITION • Mayor Egan introduced this iteq a variance for John& Karen Hosford,of 12'to the front setback of 40'along Deerwood Drive, located at' it 4,Bloel:.,Hosford 1st Addition. Director of Community Development Runkle:presented the application and noted that the Hosford's were present to answer any questions. The.City.Council was familiar with the heavily wooded property and its difficult topography. McCrea moved,Wachter seconded, a motion to approve a variance of 12'to the required 40'setback along Deerwood Drive because of the topography and tree preservation; for John and Karen Hosford for property at Lot 4, Block 1, Hosford 1st Addition and subject to the following conditions: 1. No other variances shall be granted for.this.bI:. 2. All applicable City ordinant :::::`•:>''''• Aye: 5 Nay: 0 . SPECIAL USE PERMIT/ t% '.S TENT SALE Mayor Egan introduced this item as a Special Use Permit for Marvin Smith&Son,Inc.,to allow a tent sale, located at 3380 Highway 149. Scott Smith,owner of Smitty's,asked for a change in the dates the tent can be put up and when it must • be taken down. The actual sale would not be:egended. Director:of Community Development Runkle said staff did not object to a change in the dates as:I ng:as=tute wnd uoi fi;of approval remained specific. McCrea moved,Wachter seconded;a motion to approve a special use permit for Marvin Smith&Son, Inc., to allow a tent sale located at 3380 ghway 14.9":0d subject to the following conditions: 1. The special use permit 1992, only. 2. Tent set-up shall not take place prior to June 4, 1992. 3. The tent will be removed no later than June 15, 1992. • 4. All applicable City ordina icon •::*** • SPECIAL USE PERT/MINNESOTA VAU4EY EXCHANGE CLUB Mayor Egan introduced this item 5,: :Spec 4 st P:it*#f for Minnesota Valley Exchange Club,to allow a one-day hot dog and pop sale at the Cub•p'ood Store, located in the SW 1/4 of Section 29. Director of • • Page 10/EAGAN CITY COUNCIL MINUTES May 5, 1992 ••.-• ••••••••••-::: Community Development Runkle adviseififie Council that all proceeds from the sale would go to the Robert B.Lewis House. Bob Lane,President of the Exchange Club,was present and asked that the fee for the application be waived. Councilmember McCrea said;0;4t while the Council would like to waive the fee for charitable organizations,there are administrative aiiii:aSsociated with the applications that must be offset at least partially by such fees. McCrea moved,Wachter seconded,a motion to approve a special use permit for the Minnesota Valley Exchange Club to allow a one-day hot dog:and pop sale at the Cub Food Store located in the SW 1/4 of Section 29 and subject to the following conditio*:::;: ••••••••• 1. The permit is valid May:.":0,1992 44..4une 6, 1992,as a rain day only 2. Equipment will not be**:*iii*;:.t..<4:t44.:. §.7,492,and must be removed no later than May • 17, 1992. 3. The sales operation, including customers, will not be located in any drive aisle or designated parking area. • 4. All applicable City ordinances. .....:•:•:•:••••••:. ..•.•-.....•••••...•.•.••••• • • Aye: 5 Nay 0 •,.•.• INTERIM.IISP:pERNIlf/JAMES BARKER Mayor Egan introduced this item as an Inteilii:04:tOnit for James Barker,to allow horses in an R-1 (Single Family)District located on Parcel 010-83 along the east side of Thomas Lake Road,north of Cliff Road in the SE 1/4 of Section 28. City Administrator Hedges advised the Council that the assessment agreements associated with this application are to be recorded with the County. The applicant,James Barker,was present to answer any questions. McCrea moved,Awada seconded,a potion to approye..*1 interim use permit for James M.Barker for property located at 4550 Thomas Lake R04.41:.*:ii.Onit'.**...:14riping of horses in a single family district and . subject to the following conditions: •••• 1. This permit shall expirq:49 years after;the date of approval. ••••••••••••••••• 2. The permit holder shat(ti . :.':41)..:54.40#..Vter runoff from animal holding areas on the premises from reaching*eitliei the City's storm sewer system. 3. This permit shall be reviewed annually. 4. A limit of five-horses. • • • •• ••. • Aye: 5 Nay: 0 • .• CONDITIONAL USK....BEIRMIT/EAGAN AWO MALL PARTNERSHIP ••• ••••••••:•:. . Mayor Egan introduced this itefti:iiiit...:( 0.10***e:.:Permit for the Eagan Auto Mall Partnership, to allow an automobile service station in iaelbiiifitiiitinity'thopping Center)District on Lot 1,Block 1,Town • • Page 11/EAGAN CITY COUNCIL MINUTES May 5, 1992 Centre 70 Sixth Addition located along Taiw i Centre Drive in the NW 1/4 of Section 15. Director of Community Development Runkle explained the appli..90.tp:;and.,u4ted a..cQncern of the Advisory Planning Commission dealing with outside storage. He said the app1i'Cants: e.: eis4:;to permit no outside storage and to store all vehicles inside. Mr. Runkle said that objections to'ftie''applicaition had been received from Federal Land Company. Doug Sailor,Midwest Management,was present to answer questions and said their company had agreed and would conform to all conditions. Charles Bartholdi,representing Federal Land Company,voiced his company's opposition to the permit. He said ABRA's application was for a 3y shop.and body shops belong in industrially zoned areas. Mr. Bartholdi noted the City Code defnitioni:t f "auto repair major" and "auto repair minor," and said he did not believe body shops were allowed in the A.*Mall. A tditionally,he was concerned that since Conditional Use Permits run with the land,the next tenant:may not txe:es neat and clean or high-tech as ABRA. Mr.Bartholdi said that when the Eagan Auto Mall was establislmd;;AARA.was.cully to do estimating at this location. Nothing is in writing, however, as Federal Land begeVeil:tlit::iiotilid iely: :the City Code's definition of what would be permitted in a CSC (Community Shopping Center) district. Steve Smith, Mermaid Car Wash, said ABRA had been a good neighbor and he was in favor of.the application as long as all cars were stored inside. In answer to a question, City Attorney Sheldon.•said the:City Code does not define or make provision for an service station as a permitted use He said:.4: #i d:be''up to City Council to interpret whether ABRA's proposal would be the same or similar tq::i4:.44to:-service:center. Mr. Sailor said ABRA was a quality tena ::and.rioted that the majority of the work performed at this location would be under $1000. In addition, he wisYied to ht.out that while the conditional use permit runs with the land, so do the conditions of approval. Mr.Sailor'slt#that all shops in the auto mall are automotive in nature thereby limiting the number of tenants that can be attracted to the center. Councilmember McCrea asked where cars were to be stored and Mr. Sailor said that when the cars are ready to be picked up they will be parked in the employee parking area. If they are to remain overnight, they will be stored inside at their facility or with one of the other tenants with whom they have an agreement. Mayor Egan said the auto mall.locatiion. s:another:.of:the City's gateways and this use may jeopardize some of the other businesses in the area. # isti'e p ess concerns that because the permit runs with the land that ABRA's successor may not share the::same pluloeQphy and the City may be left with an undesirable tenant. Councilmember Wachter pointed out that.,the City Council had made an agreement with the neighboring property owners at the outset of the ma#ltliat this die of use would not be permitted. He said he could not justify changing his vote now Mayor Egan:.:*4:40r044:Nt.iness devoted to major auto repair would signal a major change in the type of tenants pertiiftteil iii'igre vtii:hail • After additional discussion,Wachter moved,Awada seconded,a motion to deny a conditional use permit to allow an automobile service station in a CSC(Community Shopping Center)district on Lot 1,Block 1,Town Centre 70 Sixth Addition. Aye: 5 Nay: 0 • • PLANNED DEVELOPMtNT AMENT)MENTS/CRAY RESEARCH Mayor Egan introduced this item as Planned Development Amendments for Cray Research,eliminating approximately 21 acres from the Laukka#iftic Planned Developm nt and adding it to the Cray Research Planned Development focated north of Lone Oak:. ad. :lhe:4 titl 1/2 of Section 1. • • Page 12/EAGAN CITY COUNCIL MINUTES May 5, 1992 _ Mayor Egan raised several questions relative to the future development and expansion of the Cray Research property. Ron Zamansky, ,PqrAP.I.c•wiNindicated that while they have no immediate plans, the quality will be in keeping with ::' oig:campus. Wachter moved, Pawlenty second; a motion to approve planned development agreements for Cray Research,transferring approximately 21 dikes'from the Laukka-Beck Planned Development and adding it to the Cray Research Planned Development located;north of Lone Oak Road in the S 1/2 of Section 1. Aye: 5 Nay: 0 ,rsAakdrISTRVIIVE,GPIDM ADA COO)WINAT*GRIEVANCE POLICY Mayor Egan introduced this item'2is the appisii i n ent of an Americans with Disabilities Act Coordinator and approval of the grievance policy. • Wachter moved,Egan seconded,a motion to designate Assistant to the City Administrator Holly Duffy as the ADA Coordinator and to approve the City's ADA Grievance Procedure as presented. Aye: 5 Nay: 0 • TRAILER PERMITS/MARVIN FRITZ AND DOUG ISAACSON Mayor Egan introduced this item as trailer,.petinits:tot Marvin Fritz and Doug Isaacson denied by Council action August 6, 1991. City Admimstratom:I3:ei ges;iiidicated that staff was seeking direction regarding enforcement of the denial motion at the Attgiist' ,'1991;:City Council meeting. He said Mr. Fritz and Mr. Isaacson had been given until April 30, 1992,4o::comply wit]i the order to remove the trailers,however,neither had done so. • While the Council appreciated the ircumstances of'tji :applicants, they agreed both had been given ample opportunity to make other arrangements. The City Administrator was directed to begin appropriate legal proceedings. CONTRACT 91-10/WELL#16 Mayor Egan introduced this item:; ::Cotitt ct•91=:0::Change Order No 1, Well #16 - Raw Water•Transmission Line. • McCrea moved,Wachter secondd;:pt motion:¢o approve Change Order No. 1 to Contract 91-10(Well #16-Raw Water Transmission Main)aii4atlthorize, Mayor and City Clerk to execute all related documents. Aye: 5 Nay 0 • C'EDARVALE STUDY Director of Community Development 1e f44 a brief update on the Cedarvale Study. It was noted that while the City is very supportiv D;of efforts fi'r'th::area, the major effort must come from the Cedarvale businesses. Mr. Runkle said issues will bc::ii iming up dealing with signage and access and • once costs for improvements are determipe4,financing can be:implored. • • • • • • Page L3/EAGAN CITY COUNCIL MINUTES May 5, 1992 CHECKLIST Wachter moved,Egan seconded,'a:iiQtiortii3i Appiati�: e checklist dated May 15, 1992,in the amount of$523,285.42. Aye: 5 Nay 0 ADJOURNMENT • The regular City Council meeting of May 5, 1992,was adjourned at 10:48 p.m. . KF �+ OF EAGAN • • • • • • • • • • Y3 i"• anOvdtbeke MINUTES.OF A SPECIAL MEETING OF THE :•:EAGAN CITY COUNCIL E gang Minnesota A special City Council meeting.S helheld on Tuesday, May 5, 1992, in Conference Rooms A and B of the Eagan Municipal Center building aa5:00 p.m.for the purpose of hearing a presentation by Electronic Interiors Inc.to improve the sound system and camera equipment for use in the Council Chambers. Present were Mayor Egan and City Councilmembers Awada, McCrea, Pawlenty and Wachter. Also present were Assistant to the Administrator Hohenstein and City Administrator Hedges. CITSf AE MINISTRATOR'S UPDATE City Administrator Hedges provided an update on the status of the sales tax to be implemented on local government purchasing effective Juri+e 1,1992:by the Minnesota Legislature and the potential reduction in the December HACA payment due to; for each level. Stewart the program stating that would incorporate findings along with a budget presented each of the three distinct levels could be implemented at the City's discretion,although each level requires implementation of the previous level as iafAundation on which to build the next level. He further stated that Levels 1 and 2 could be accomplistiacr:within the existing building structure, while Level 3, if done completely, would require additional control room space that would best be provided in new building construction. Stewart summarized Leval V . ;improvement addresses the replacement and • e recording technology. He stated with enhancement of the existing Chambera'iEe�bie' ge%ii'deotape g Level 1 as a foundation, Level 2 adds pFeee itation assistance technology to assist with the actual meeting process, requiring some physical change to the Chambers. He further stated that if Level 3 were to be pursued, the Council would add the ptiirrary tools needed for media support used frequently outside the basic meeting, such as mobile equipment,;enhanced editing and a titling devise. City Councemembers raised concern about the cost of proceeding with both Levels 1 and 2 and questioned whether it would be Imperative to proceed with Level 2 at this tithe. City Councilmember McCrea suggested that Mayor Egan speak with the Burnsville Mayor,whose::city Council Chambers have the equivalent of all three levels and whether, in his opinion, the system was Under or:E verbuit. After further discussion on cost and whether Level 1 or Levels 1 and 2 should proceed;ahead,::CEity Councilmember McCrea reminded the City CouncU that communications has been the number one and the City should strive for excellence in Council Chambers'production capabilities for its Y,.iewwe...Mayor Egan and City Councilmember Pawlenty suggested• that a better cable production of the Citii. iiitaic : ings:will ncrease viewership and,as a result,provide a greater interest in local government. Attsr'furttierdiacussion, the City Councilmembers reached a consensus that the City should proceed with Levels 1 and 2 at this time and that City's retained franchise fees collected from the cable user would underwrite the capital expense. Mayor Egan suggested that formal action be taken at the May 20 regular Council meeting and that in the meantime he would contact either the Mayor or a member of the City Counci from Burnsville and asked that the City Administrator contact the Burnsville City Manager to further review this • ::07`lkt i�3 BU (NESS There being no further business,the;ieeeting.was adjourned at 6:15 p.m. • TLH Date City Clerk • • • • •