06/17/1997 - City Council RegularAGENDA
EAGAN CTTY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
JUNE 17,1997
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
A. RECOMMENDATION, Airport Relations Commission, Northwest Airlines Request, runway
extension for international operations
V. CONSENT AGENDA (PINK)
A. PERSONNEL ITEMS
B. RESIGNATION, Airport Relations Commission
C� C. CONTRACT 97-06, receive bids/award contract (Misc. Street Overlay)
) D. CONTRACT 97-01B, receive bids/award contract (Emergency Vehicle Pre-Emption -Signal
1' Equipment)
14SE. WESCOTT ROAD, approve no parking resolution (Pilot Knob Road to TH 149)
' gr F. KINGSWOOD POND RD. - approve resolution conveying public street over public property
#drG. PROJECT 722, authorize feasibility report, plans and specs (Murphy Pkwy. - Trunk Watermain)
H. AMUSEMENT DEVICE license renewals
ii„ . SERVICE STATION license renewals
J. APPROVAL of purchase agreement, Hwy. 55 Redevelopment District, 815 Lone Oak Road -
�:' Arnold Buecksler property
/ &K. PRELIMINARY & FINAL PLANNED DEVELOPMENT & FINAL SUBDMSION - Education
Alternatives, Inc. for Tesseract School
L. APPROVE 7-1-97 to 7-1-98 General Insurance Renewal
SO N1. APPROVE correction to the May 19,1997 City Council minutes
*� N. CONTRACT 97-01, Approve County Agreement, (Emergency Vehicle Preemption Signals)
• O. VACATE UTILITY EASEMENTS, Receive Petition/Order Public Hearing (Lots 4, 5, Block 3,
Eagandale Corporate Center)
P. CONTRACT 96-01, Approve Change Order #4 (Eagandale Corporate Center)
' Q. PROJECT 719, Approve County Agreement, (Diffley Rd. & Rahn Rd. - Signal Study)
• R. ON -SALE LIQUOR LICENSE - Wheatstone Restaurant Group, LLC dba Houhhan's,1294
Promenade Place
ORDINANCE AMENDMENT, Sec. 2.52, changing title of Advisory Parks, Recreation, and
Natural Resources Commission to Advisory Parks Commission
T. PREMISES PERMIT RENEWAL APPLICATION, Eagan Hockey Association
¢' 4SU. VACATE ponding easement, receive petition/order public hearing (Lot 3, Block 1, Tara Court)
N. 7:00 - PUBLIC HEARINGS (SALMON)
�• A. VACATE utility easement, Michael Sill 1s' Add. (Tesseract School)
1 B. PROJECT 709R, approve preliminary design layout (TH 13 - Super 2 Lane and Blackhawk Signal)
I. OLD BUSINESS (ORCHID)
REZONING - City of Eagan, of 80 acres from I-1 (Limited Industrial) to BP (Business Park) for
• ■ property located on the northeast corner of Lexington Avenue and Yankee Doodle Road in the
SW 1/4 of Section 11
B. PRELIMINARY SUBDIVISION - Maplewood Acres, Inc. (Eagandale Corporate Center No. 2)
consisting of 110 acres and 12 lots located north of Yankee Doodle Road and east of Lexington
Avenue in the SW 1/4 of Section 11
C. LOCAL TRANSIT TAX levy options
VIII. NEW BUSINESS (TAN)
t&A. GRADING PERMIT, request for waiver from certain requirements, Capord j off ark (Anthony
Caponi) for construction of entrance and parking lot, south of Diffley Road, east of Dunrovin
Lane, west of Lexington Diffley Athletic Complex, Section 27
jo 2, B. FOOTING/FOUNDATION PERMIT, Roseville Properties (Eagan Business Commons)
1 C. PRELIMINARY SUBDIVISION - Gregory and Valerie Rathman (Rathman Acres) consisting of
L 15.2 acres and 10 single-family lots and VARIANCES for lot width, cul-de-sac length and to allow
parcels without public street frontage located east of Blackhawk Road and north of Riverton
Avenue in the SE 1/4 of Section 17
D. REZONING - Opus Northwest, LLC, of 2.6 acres (PID #10-01100-010-25) from A (Agriculture) to
I-1 (Limited Industrial) and a PRELIMINARY SUBDIVISION (Lexington Commerce Center)
consisting of 6.8 acres and one lot previously platted as Lots 1-5, Block 5, Eagandale Center
Industrial Park No. 3 and a VARIANCE to the building and parking setback from the southern
property line located on the southeast corner of Lexington Avenue and Lone Oak Road in the
NW 1/4 of Section 11 iss,
IX. LEGISLATIVEIINTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURNMENT tih
XIII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provi&4,xl Pon advance notice of at least
96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 12,1997
SUBJECT: AGENDA INFORMATION MEMO FOR THE JUNE 17,1997
EAGAN CITY COUNCIL MEETING
ADOPT AGENDAIAPPROVE MINUTES
After approval of the June 17, 1997 City Council agenda and the regular City Council meeting
minutes for the June 3, 1997 regular Council meeting and special minutes from the May 27
meeting, the following items are in order for consideration.
Agenda Information Memo
June 17, 1997
DEPARTMENT HEAD BUSINESS
A. RECOMMENDATION AIRPORT RELATIONS COMMISSION
NORTHWEST AIRLINES REQUEST, RUNWAY EXTENSION
FOR INTERNATIONAL OPERATIONS
ACTION TO BE CONSIDERED:
To approve or deny a recommendation by the Airport Relations Commission regarding
Northwest Airlines' request for runway extension for international operations.
ATTACHMENTS:
Enclosed on pages through is a memo prepared by staff outlining the
request.
:*;.
city of eagan
TO: CITY ADMINISTRATOR HEDGES
MEMO
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
DATE: JUNE 11, 1997
SUBJECT: RECOMMENDATION, AIRPORT RELATIONS COMMISSION,
NORTHWEST AIRLINES REQUEST, RUNWAY EXTENSION
FOR INTERNATIONAL OPERATIONS
At the June MAC Planning and Environment Committee meeting, Northwest
Airlines requested that the MAC consider extending the crosswind runway,
Runway 4/22, an additional 1,000' to accommodate new international flights to
Hong Kong. Since Runway 4/22 will be under construction at some time in the
next three years, the airline also asked for a temporary extension of the south
parallel runway to permit continued operation of heavier international flights in
the meantime. The MAC agreed in concept, but postponed any final action to
discuss the issues and consequences associated with the project with affected
neighboring cities. Jennifer Sayre of Northwest and Nigel Finney of the MAC
attended the June 10 Airport Relations Commission meeting to address this
issue.
The request is a result of an opportunity that NWA has to compete in the non-
stop Hong Kong market from the Twin Cities due to the opening of certain air
routes over Russia and China. The airline would schedule three operations per
week to start and the timing of the fifteen hour flights would dictate that they be
scheduled during the mid-day. Ultimately these flights would be accommodated
on Runway 4/22 with little direct impact on Eagan. During construction, the
Asian flights including the non -stops to Tokyo and Osaka will shift to the
temporarily extended south parallel. If the MAC approves of the project, there
will be an environmental review process to which affected parties may make
comment.
3
The Commission is recommending that the City not oppose the NWA request,
finding that the benefit to the airline will also 'benefit the company's activities and
employees within the City and that the additional environmental impact to the
City is likely to be minor and temporary. While reserving the right to make
comments during the environmental review, the Commission's action made four
points:
• The City does not oppose the temporary extension of Runway 11 R/29L.
• The City does not oppose the permanent extension of Runway 4/22.
• That Northwest Airlines do what it can through MASAC and pilot training to
reduce excursions from the Eagan -Mendota Heights Corridor.
• That MAC make a concerted effort with the FAA to improve compliance with
corridor procedures and reduce excursions from the corridor area.
Please let me know if you have any questions in this regard.
()mO.'"40a
As istant to the City Administrator
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
A regular meeting of the Eagan Ciotouncil was held diiluesday, June 3,1997 at 6:30 p.m. at the
Eagan Municipal Center. Present were Map .Egan and Cound". [embers Wachter, Masin and Blomquist.
Also present were City Administrator Tom Qggs,. Senior Pbki r Mike Ridley, Director of Public Works
Tom Colbert, and City Attorney Jim Sheldon. nc#lxite ib i �Awada was absent
&GENDA
City Administrator Hedges stated that, if time permitted, the City Council could discuss
consideration of parking and building facilities :on1;#.w•Munidpal.Campus site prior to Public Hearings.
He also mentioned that Items 1 and 2 on' '
th�::tk�i�ye;:igoi}a under City Administrator could be
added to the Consent Agenda if the Council desired::.,:'::
CounciImember Wachter moved, Councilm.d . r Blonidm-ist seconded a motion to approve the
agenda as presented. Aye: 4 Nay: 0
WNUTES OF TSE MAY 19, 199771 GULAR MEETING
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
NaNUTES OF ice:: ,X 19,1997 SPECIAL MEETING
Councilmember Blomquist moved, CounciIiriieiikis t -Wachter seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
P,iINCTI'ES OF THE N Sl SPECIAL MEETING
Councilmember Wachter moved,buncilmember Blomquist seconded a motion to approve the
minutes as presented. Aye: 4 Nay: 0
k)EPARTMENT MAD BUSINESS
PRESENTATION96#NTAI:SJAl�1CIAL REPORT
City Administrator Hedges provided an overview on this :item. Finance Director VanOverbeke
introduced David Hinnenkamp of Kern, DeWenter, i?�iiee, Ltd �vto presented the December 31, 1996
Comprehensive Annual Financial Report. He also diSicissed the iianagement letter and the schedule of
federal financial assistance. Councilmember Wachter stated he:�:4uld like to be able to further review the
documents and possibly comment at a subsequent City Council meeting.
Councilmember Masin moved, Councilmember Wachter seconded a motion to receive and accept
the December 31,1996 Comprehensive Annual Financial Report. Aye: 4 Nay: 0
CONSIDER PROCESS TO PROCEED WITH FL* ER CONSIDERATION OF
PARKING &BUILDING FAGiI.T 'i S:QJ±,i.'FM MUNICIPAL CAMPUS SITE
(This item was int :die i�iiite Agenda)
City Administrator Hedges provided an overview on?tJ}ts:item. Councilmember Wachter stated
that he had requested the City Council discuss providing staff Ah the direction to pursue a formalized
master plan on the timeline, financing and other issues relative to proposed development of an
amphitheater, pool, second sheet of ice, parking and other possible uses for the Municipal Campus.
Councilmember Masin said she thought that when the original design was being completed for the Ice
Arena the architect had tried to incorporate a pool in those plans. She added that the City Council gave
the Advisory Parks Commission a charge to bring back a parks system program and that this issue is one
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE
they should address within that scope. Cc 0ffiaiembi r Wach*.Aoted that this will be a joint effort
between the City Council and the APC, bait -ie said that this regkiiest should remain with the City Council
for now. Councilmember Blomquist stated:ftt the request being:xnade is what the City Council had
envisioned in the past. She further stated tfiat:t is request is-ki:keeping with the Parks Master Plan and
she agreed that it should remain at the City COunpiJ.lepel#S,ss.. 3rw. Mayor Egan agreed that it should
parallel the Parks Master Plan and that it should' a! fFie council level also. He suggested getting
Councilmember Awada's input.
Councilmember Masin restated that she thought the APC was given this charge. City
Administrator Hedges noted that the City Council.did,ipe a.cha;ge to the APC last fall asking them to
suggest how the money in the park site fu #;0ioiii � , "`il* t*" ..-yegazd to the Parks Master Plan. He .
added that the architect for the Civic Arena was askW-to take iti :account expansion of the facility for a
second sheet of ice. Director of Parks and Recreation- iaa conciited with City Administrator Hedges
and added that Councilmember Wachter's request :-not been -I'd out in a formalized plan.
Councilmember Malin said she was sure tilq.pQol* Ls:kken iMagonsideration. Vraa indicated that was
correct, but he said that the amphitheater ai pio«ltbg'edef:e not addressed at that time.
Councilmember Blomquist said that Coundilmember Wachter is only requesting a plan be prepared
showing how everything would lay out on the site and also the cost. Councilmember Masin requested to
see the plans from the design of the Civic Arena and also the pool.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct staff to
pursue a formalized master plan on the W0 ine'.financing and other issues relative to proposed ..
development of an amphitheater, pool, secvii :SJieet::of.ice, parking and other possible uses for the
Municipal Campus. Aye: 4 Nay: 0
FISCAL DISF%RMES M.OUSSION
Councilmember Wachter said he *pilrtl:l%ka to see if the Legislature would consider the use of
fiscal disparities to reduce property taxes.' -ke%* further said if that is not an option he would like to have
City Administrator Hedges contact Bob Renner, Municipal Legislative Commission lobbyist, to see if the
Legislature would consider allowing the City to allocate $5 million of the City's mandatory contribution
for fiscal disparities and designate it toward the construction of the Twins Stadium.
Direction was provided for Cityi1>ratb'kaestt check on both suggestions offered by
Councilmember Wachter.
QNSEN'i<':GENI?':'
A. Personnel Items
Item 1. It was recommended to accept the resignation of Jeffrey Tupy from his position as a street
maintenance worker and authorize filling the position.
Item 2. It was recommended to accept the resignation of Greg*Ghindler from his position as a park
maintenance worker and authorize filling the position.
Item 3. It was recommended to accept thi`git3tee IIgrgan from his position as an Associate
Planner.
Item 4. It was recommended to approve the hiring of Lynn Hen and Matt Hanson as seasonal park
maintenance workers.
Item 5. It was recommended to approve the hiring of Katy Plotcher as a seasonal park attendant.
Item 6. It was recommended to approve the hiring of Marc Shipee as a seasonal tree inspector.
EAGAN CITY COUNCIL MEETING hUNUTES; JUNE 3,1997
PAGE 3
. ffi......... ...
Item 7. For information only. The person'Mf6df6i �p'art-tinikwilding maintenance worker is
Elizabeth Riel. ...
B. Avoointment of
It was
recommended to appoint Design Engineer J6hxkJa6j;a
er-Aji :S4appoint Water Resources Coordinator
Rich Brasch to represent the City of Eagan on the Bock iff ttie Gun Club Lake Watershed Management
Organization (GCLWMO). To re -appoint Scott Merkley to fill the citizen representative position for the
City of Eagan on the GCLWMO Board. To re -appoint Department of Public Works Director Tom Colbert
to fill the alternate position for the City of Eagan on the GCLWMO and to fill the City of Eagan's Board
position on the Black Dog Watershed Mana 'm
.ge.meqA-QrgAw
C. pRecommendation, A' ort Relations Comn-dss!6i�."r'*'e*'nest -"f8i:*MAC study of relationship of weather i
corridor compliance. It was recommended to approve . a recommiindation by the Airport Relations
Commission that the City request a study by the M"olitan .worts Commission of the relationship
between weather systems and levels of nonncomnli&!ce:w.'
-4)€ ij&gan-Mendota Heights corridor
procedures.
D. Approve of purchase agreements, Highway 55 Redevelopment District, 845 and 855 Lone Oak Road
homes. It was recommended to approve purchase agreements for the William Lengemann home at 845
Lone Oak Road and the Celeste Straw home at 855 Lone Oak Road for purposes of removal and
redevelopment as a part of the Eagan Business Commons project within the Highway 55 redevelopment
district.
E.
ision). It was
recommended to receive the bids for Contract 9Y;.*08 (Wese'"O'ift &.Pilot Knob Roads - Signal Revision),
award the contract to the lowest responsible biMi!r and:adtO... "'the Mayor and City Clerk to execute all
related documents.
F. Contract 97-01A, #pl2rove plans/ authorize ad for bids Si al EVP - Installation ). It was
recommended to approve the plans and authorize the advertisement for a bid opening to be held at 10:30
a.m. on July 10, 1997, for Contract 97-0IA (Comprehensive Signal Emergency Vehicle Pre-emption
installation).
G.
the final
recommended to approve a request for an"4A&'k'S'i6R*t6:W
Subdivision for Safari at Eagan 3rd Addition until A4j*t 1,
ition - Fortune Realty. It was
cording the approved Final
H. Final Planned Development - Wheatstone Restaghkt G 24.-ILLC for Lot 3, Block 2. Eagan
Promenade (Houhhan's). It was recommended to approve a RiQ. Planned Development to allow a 6,650
s.f. Class 1 restaurant (Houlihan's) on Lot 3, Block Z Eagan Promenade.
I. Settlement - Citi -Car o It was recommended to ratify the Settlement Agreement and Stipulation of
Dismissal between Citi -Cargo and Storage Company Inc. and the City of Eagan. (Mayor Egan abstained
from voting on this item.)
J. Parade Permit, Eagan Lions Club for Fourth-.0f.fulyF -k.eRt,jt was recommended to approve a
parade permit for the Eagan Lions Club
of July Parade on Blackhawk Road
between Diffley Road and Blue Cross Road. * "' - .. :..
K.
for
It was recommended to
approve a temporary beer license for the Eagan Lions Club for a beer tent to be located at Sky Hill Park
for the sale of beer between July 3 - 5, 1997.
L. Cordractrrival emeen medic
raa
, 9Vof Ea an and HealthEast Trans2ortation, Inc. for Rre-a
instructions. It was recommended to approve a contract between the City of Eagan and HealthEast to
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1947
PAGE
provide pre -arrival emergency medical inti iicfiori'fo resicients:zequesting them through the City's
dispatch services. (This item was continueif:to the June 17,1W7:City Council meeting for the purpose of
allowing HealthEast's legal counsel to revi� the contract.)
M. Set public hearft for luly 15 1997 for Gj",,ON 'oii: ackin - HousingDevelopment Rever
Bonds. It was recommended to set a public heariirg:[ i itP?'15,1997 for General Obligation Backing -
Housing Development Revenue Bonds. (This item was added to the Consent Agenda from the
Administrative Agenda.)
N. Exemption from Lawful Gambling Liceec w, - Burnsville Rotary It was recommended to approve an
Exemption from Lawful Gambling License€ru1he:BtiY'4?s 1-64 y to conduct a raffle at Royal Cliff,
2280 Cliff Road on December 7,1997. (This item was ai ded to t ie:Consent Agenda from the
Administrative Agenda.)
Councilmember Wachter moved, Couneconded a motion to approve the
consent agenda. Aye: 4 Nay: 0
PUBLIC HEARINGS
PROJECT 682, FINAL ASSESSMENT HEARING
(DEERWOOD TOWNHOMES - UTILITIES)
City Administrator Hedges provrdeid:i# Q+erview on this item. Director of Public Works Colbert
gave a staff report. He noted that five objections wei i xceived; Mayor Egan opened the public hearing
to anyone wishing to speak.
Todd Franz,1525 Deerwood Drive, st.aCBcl::tfi'a#:thi -assessment process and the taking of his
property has been unfair. He said they alie.. y4ye,connected to sanitary sewer and were previously
assessed for it and feel they are not receiv3itg any benefit to their property from the sewer pipe that was
installed to provide service to the Deerwood Townhomes.
Director of Public Works Colbert explained that the assessment before the City Council this
evening is against Mr. Franz's residual property, which is much larger. He said the benefit is accruing to
the residual property because of the abili�jr; ttie:farm.. #iii4vide the property.
Ellen Franz,1525 Deerwood Drive, stated thitt:there is no:incentive for the City to have settled for
a lower price for the easement acquisition on their pro ierty, siricO the costs incurred by the attorneys just
get added to the assessments against the property o"er.
Councilmember Wachter said he would like to see the assessment history on this property.
Councilmember Blomquist stated that if the Franzs have paid an assessment already she would like to
defer any further assessment until such time that the property develops and she added that no interest
should be charged. She further added that at this point the Franzs would not be receiving any benefit.
Mayor Egan requested that the staff work out a deferment agr*went with the Franzs.
Gene Rechtzigel,1620 Deerwood,.I'ge,.stated that the. ssessments seem to be unfair. He added
that the City is trying to assess them for tli :i i ei pgt#M:", their property and he also felt that the
school should be assessed, along with the 'Cityfi r Ni waiter tower parcel.
Director of Public Works Colbert explained the rationa#e;
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 5
Arlene Doehling,1545 Deerwood;#,'s#aled they are also objecting to this assessment and said
that their easement settlement has resultea:i i raising the amouMibi f the assessment. She requested a
breakdown of all the property owners and' -what each is being assessed.
Mayor Egan commented that the City..:asses9:*p to the special benefit realized by the
property owner. Earl Doehling asked for clarificati i( --w iy'liis assessments have increased so much over
the original estimated amount. Director of Public Works Colbert explained that the original amount was
only an estimate and he said that the cost of the acquisition of easements greatly exceeded that amount.
There being no one else wishing to �p ak, Mayor Egan turned the discussion back to the Council.
Councilmember Blomquist moved, Counciliii. i'riiier W1 'd- ter seconded a motion to close the
public hearing and approve the final assessment roH-Fdr Projeci&2 (Deerwood Townhomes - Utilities)
and authorize its certification to Dakota County and.frected staff -to try and negotiate a reasonable
assessment deferral with Todd and Henry Franz ft" '16behlinv* :*Ad the Rechtzigels within the next 30
days to try and avoid the filing of an asses ....T. f : ipeal:::#ky s:::?l Nay: 0
PROJECT 720, EAGAN BUSINESS COMMONS (STREETS & UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
introduced Mark Hanson of Bonestroo, Rosene, Anderlik & Association who provided a summary of the
proposed project. Mayor Egan opened this.Op,i hearing to anyone wishing to speak.
Jack Hoeschler, representing Dart Trar
watermain on Lone Oak Road since it does not
There being no one else wishing to
Councilmember Wachter
object to the assessment for the
the discussion back to the Council.
Masin seconded a motion to close the public
hearing and approve Project 720 (Eagan Business Commons - Streets & Utilities) and authorize the
preparation of detailed plans and specifications. Aye: 4 Nay: 0
VACATE, PUBLIC EASEMENTS & RIGHTS-OF-WAY, LEXINGTON ADDITION
City Administrator Hedges providi"a i{ r'tiveiview- iii.", item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the public 1*0�ing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
X.
Councilmember Wachter moved, Councilmeiiiber Blom 4iiist seconded a motion to close the
public hearing and continue action for the vacation of public easements and rights-of-way for the
Lexington Addition until such time as the replat of the Lexington 2nd Addition is scheduled for Council
approval. Aye: 4 Nay:
VARIANCE - GREG & WEI WY KOCH
Mayor Egan turned the meeting aver•to.cpn Mayor;Iviasin due to a potential conflict of
interest.
City Administrator Hedges provided an overview ort':ft item. Senior Planner Ridley gave
staff report. Acting Mayor Masin opened the public hearing to #�'yone wishing to speak.
Wendy Koch, 4481 White Tail Way, explained that the addition will fit in well with the character
of the neighborhood and she stated that the adjacent neighbor did not object to their request.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE
There being no one else wishing ta:$ ieak, Acting MayQXIMJasin turned the discussion back to the
Council.
Councilmember Blomquist moved, otMcilmember.W.4ithter seconded a motion to close the
public hearing and approve a five foot VariaitCe:to:tt� re�e ten foot side yard setback for Lot 12,
Block 2, Fawn Ridge, located at 4481 White W 1/4 of Section 25. Aye: 3 Nay: 0 (Mayor
Egan abstained)
Acting Mayor Masin turned the meeting back to Mayor Egan.
VARIA7fE# :XKOhft ON
City Administrator Hedges provided a brief'overview bif:this item. Senior Planner Ridley gave
staff report. Mayor Egan opened the public hearing:W-anyone..x Shing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Wachter commented that since &:' iariance request is for a pool and not a
building addition he felt it was appropriate.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to close the
public hearing and approve variances of 16,15, and 20 feet to the required 30 foot building setback for a
structure along a public road right -of -wadi for,•:an in -ground swimming pool and equipment structure
along Slater Road and Storland Road for tilt $ioGXC.�,. Whispering Woods 2nd Addition. Aye: '4 Nay:
ORDINANCE AMENDMENT - CHAI URA' 1MI TATION ON OWNERSHIP
FQR:U3Y5:4I.E LIQUOR
City Administrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve the
proposed ordinance amendment to remove the limitations on ownership of on -sale liquor licenses. Aye:
4 Nay: 0
CONTRACT 97-07, APPROVE:K-ANS/ORDER AD FOR BIDS
(EAGAN BUSINI§SS COMMONS)
City Administrator Hedges provided a brief'overviewcp�:this item. Director of Public Works
Colbert gave a staff report. ....
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the plans
and specifications for Contract 97-07 (Eagan Business Commons - Streets & Utilities) and authorize an
advertisement for a bid opening to be held at 11:00 a.m., Thurggoa , June 26,1997. Aye: 4 Nay: 0
CONDITIONAL USE p1RMIT'='$6iK'S FARM MARKET
Both Conditional Use Permits for Sever's Farm Markei:Af the Cedar Cliff Shopping Center and
Wal-Mart were introduced and considered together.
City Administrator Hedges provided an -overview on this item. Senior Planner Ridley gave a
staff report.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 7
Councilmember Masin raised a coto&'gibbi"iff6iaAg:ik;kasonaI outdoor sales that will compete
with regular businesses that pay taxes. Ce"'Mi"ini"Cilmember Wachf&"';'d'*aid he had no objection to these types
of requests as long as City Council approvdAs sought first MAyor Egan agreed.
Councilmember Wachter moved, Co ..... seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal §'aJe consisting of a produce stand to be located
in the parking lot of the Cedar Cliff Shopping Center at 2127 Cliff Road legally described as on Lot 1,
Block 2, Cedar Cliff Commercial Park Addition in the SE 1/+ of Section 30 subject to the following
conditions:
1. The CUP shall be recorded. **
.0.0 an
60 days of Council approval d
submitted to the City. .�-P
The CUP shall be continually subject to the,fpUowing q.9nditions:
2. The produce stand shall bQGi�4:-o'n:'A-e--: .......
...... ...:*]��.:I�etween June 25th and September 15t of
each year.
3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m.
4. All signage shall meet City Code requirements.
5. All produce shall be rem6iied*.'Ofi -the site at the closing of the stand each day.
6. No outdoor storage other than.#bich is ipoi*0'e.o by the City shall occur on the site.
7. Drive isles shall be maintained V u�ddzhddu&iEe—site.
8. The site shall be maintairi&T-fiee of trash and debris.
9. No parking associated with the seasonal sale shall occur off-site.
10. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan
dated April 16,1997.
Aye: 4 Nay: 0
CONDITIONAL USE PERMIT-.-.--� SEVEiV6 FARM MARKET
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a
Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a produce stand to be located
in the parking lot of the Wal-Mart store at 1360 Town Centre Drive legally described as Lot 1, Block 1,
Town Centre 70 Eleventh Addition in the NW Y4 of Section 15 subject to the following conditions:
1. The CUP shall be recorded at Dakota County'.ifthin 60 days of Council approval and
submitted to the City.
X
The CUP shall be continually subj wirig tonditions:
2. The produce stand shall be allowed on the siti:between June 25th and September 16t of
each year.
3. Sales shall only be permitted between the hours of 10:00 a.m. to 6:00 p.m.
4. - All produce shall be removed from the site at the closing of the stand each day.
EAGAN CITY COUNCIL MEETING MINUTES, JUNE 3,1997
PAGE 8
5. All signage shall meet City -';Code requirements:
6. No outdoor storage other tliA-:6"-which wis app; ivied by the City shall occur on the site.
7. Drive isles shall be maind'4iio ig#ii a' the site.
8. The site shall be maintained free of trash and debris.
9. No parking associated with .the.,w4sonal sale shall occur off-site.
10. The proposed seasonal outdoor sale:�#iaIl' be in%' pliance with the submitted site plan
dated April 16,1997.
Aye: 4 Nay: 0
INTERIM USE Pl~R1VDiI' - STEININGER RECYCLE, INC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Greg Steininger, applicant, requeAdd-:approval of a two-year permit instead of a one-year, permit.
Senior Planner Ridley stated that staff is 6&with issuing a two-year permit because of the
potential changes along the Yankee Doodle Road'6ii-i l';::-Ceuncilmember Wachter stated that he was
willing to approve a two-year permit.
City Administrator Hedges noted that.►e'ity tYouncil has designated Yankee Doodle Road to be
one of its first street scapes. Mayor Egan GQi iOitteid that he does not foresee a change in circumstances
within the next two years.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve an
Interim Use Permit to allow continuation of concrete recycling on property described as PID #10-01300-
012-26 located in the southwest corner of T.H.149 and Yankee Doodle Road in the NW 1/+ of Section 13,
subject to the following conditions:
1. The permit shall be recorded with D.h:kota Coupq. within 60 days of Council action and
terminate two years from the date cji;'�ouncil approval.
2. The slope on the western edge of the property'fiall be maintained through re -grading
and re -seeding as necessary to prevent erosion as determined by the City.
3. Dust control procedures shall be utilized.
4. The hours of operation shall be limited to 7:00 i>tn. - 7:00 p.m. Monday through Saturday.
5. The applicant, or properGy..pwrw .shall,.ins.W ;landscaping and berms along the north
property edge abutting
6. The operation must be in compliance with all -a""' licable State and local regulations.
7. In the event that the permit is terminated or not renewed, all materials and equipment
shall be removed from the site within 90 days.
No mining shall be allowed on the property.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 9
Mr. Steininger stated that they
wo*'As M16 the berm along the north
property edge abutting Yankee Doodle R&d - to allow Koch Rehiring to install a pipeline. Senior Planner
Ridley said that staff would work with Mr::115teininger on that issue.
A vote was taken on the motion.
INTERIM USE PERMIT - SMC COMPOST SERVICES
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
John Guillemette, Manager of SMS, stated`# iat'ft:6`f'**
ft trees are planted and he said that the
required number of trees will be exceeded.
Councilmember Blomquist moved, Cound&mber I seconded a motion to approve an
it q�JOtp'ilots H and L Gopher Eagan Industrial
Interim Use Permit to allow a yard waste *6 ... Ofic -
-
Park 2nd Addition, located north of Yanked Doodle Road4t:ffii intersection with Elrene Road, in the SW 1/4
of Section 12, subject to the following conditions:
1. This permit shall be for a three year period.
2. This interim use permit sbabe subject to an annual administrative review. The purpose
of such review shall be to' -d tiltigne.that the conditions of the permit are within
compliance. The interim use'p*64i"'. *,Ay:bR.rgvoked for failure to comply with any
condition of the permit following noti*c'e*'&'f":i�i*e1*'n pincompliance and a hearing by the City
Council with all interested par* be" opportunity to be heard.
7:9"
3. Two ponding areas shall W:c,.Qn6tra6fed to contain runoff from the expansion on Outlot
H. The design of these pUftdm*'g areas is subject to review and approval of the City Water
Resources Coordinator.
4. A grading/ excavation permit is required for the grading of the site.
S. A minimum of 12 evergr*"' along the south border of each parcel
..: -sps
.......... ... : ... * ,
to provide a continuous'sefeerri'6* and Yankee Doodle Road. The trees
shall be spaced no more than 20 feetoart and.shall meet the minimum size
specifications required by City Codi�.*-Jhe lan�eaping shall be installed by September 30,
1997.
6. The permit shall be recorded with Dakota County 60 days of Council action.
7. The operation must be in compliance with all applicable State and local regulations.
8. In the event that the permit is terminated or nbfienewed, all materials and equipment
shall be removed from the site within 90 days;.*:.--,-.**.*
Aye: 4 Nay: 0
REZONING - CITY OF:EAGAN
City Administrator Hedges provided an overview ori both the rezoning for the City of Eagan and
the preliminary subdivision and variance request by Maplewood Acres, Inc. Senior Planner Ridley gave a
staff report.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 10
Councilmember Masin stated fias:liein
considered for the central area park
she requested the item be continued until (*.ffier consideratior(be given to this site for that purpose.
Mayor Egan said that the City Council has 'all. but removed this -site from consideration because it is not
feasible for the central area park. City A6�rator Hedges iii the City Council that approval of
a rezoning request requires a four/fifth's vof(j:6F-ffij--:Qt
�y.
......... .0j. tci and, absent Councilmember Awada, it
would be necessary for all four Councilmembei*46.*40 rezoning.
.&D
Councilmember Blomquist said that the rest of the City Council has accepted the fact that this is
not a feasible site for the central area park because of the cost.. Councilmember Masin stated she did not
feel the City Council has done much comparison'of the various sites. Mayor Egan disagreed noting the
various sites the City Council has identified":*t'*B"I*r'".I i """ * ....
k.
Councilmember Masin commented that the:d*y Coun&i�eeds to be prudent about the
development of the remaining land in Eagan. She sAid that ehuguAting this site constitutes a lack of
visioning on the part of the City Council and she WM*':: dy wi.11i'litto consider a continuance or a denial of
the request. Mayor Egan reiterated that "�iiiclear they were going to concentrate on
. . ..........
...........
the municipal sites because they would be:*t"*ft':o':'r:'e"..c...ost-effqkUi?;d"and the other two sites identified also were
less costly than this site. He said this site is not logical or prudent for a community park.
Councilmember Blomquist stated it would be in the City Council's best interest to continue the
item to the June 17 City Council meeting to get Councilmember Awada's input. Mayor Egan commented
that the rezoning request was City-initiatdd-:aAd he believes the City Council is being visionary.
Jack Hoeschler, representing Maple 66d:-*Ae
that the property owner only wants to
rezone the perimeter lots. He also requested th0the City Govnci not restrict access to Yankee Doodle
Road because this would result in a number of iienificant.v 661ins.
City Administrator Hedges noted:thk#*1reason staff has taken a strong position is per the City
Council's direction regarding their concern 4b6ut limiting heavy truck traffic directly onto Yankee Doodle
Road. Mayor Egan stated that the City Council was hying to be visionary and protect the Yankee Doodle
Road corridor. Councilmember Blomquist concurred.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to continue
consideration of the Rezoning of approxisititO.y.:90:"'W''t*"'*:fr'O"M:LUmted Industrial (1-1) to Business Park
........ .....
(BP) for property located east of Lexingtaii�AV6iitiii-art*d:il"7i'4,.Yankee Doodle Road (Eagandale
Corporate Center) to the June 17,1997 City Council wieeting. 4yq: 4 Nay: 0
PRELIMINARY SUBDIVISIOkMAPL$W-001) ACRES, INC.
(EAGANDALE CORPORATE Ci...
NT -ER N0.2)
Mayor Egan asked Mr. Hoeschler if the applicant would be willing to agree to an extension for
two weeks for City Council action on the Preliminary Subdivision. Mr. Hoeschler stated that the property
owner would like action tonight. City Administrator Hedges noted that there is a 120 day timeline for
City Council action on a preliminary subdivision. Senior PlanAer.Ridley stated that the City Council
would be within that timeline if they continued action to the JdjigV City Council meeting.
-f-Withter seconded a motion to continue
Councilmember Blomquist moved
consideration of a Preliminary Sub tk'C* 12-186:bh approximately 110 acres located north
of Yankee Doodle Road and east of Lexington Avenue in the FW.:V4of Section 11 and a Variance to the
100 -foot buffer setback requirement to allow building setback::q'f' "5"0 feet and parking/ drive aisle setback
of 30 feet from the county roads to the June 17, 1997 City Cou fi'd1meeting. Aye: 4 Nay: 0
EAGAN CM COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE it
ORDINANCE AMENDMENT;. Ap' K*11.10, %M*t)rVISION 12.1 OFF-STREET
PARKING & STORAU-CLARIFYING WOPE & STANDARDS
City Administrator Hedges providcj a.overview ors item. Senior Planner Ridley gave a
staff report.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve an
ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter Eleven Entitled "Land
Use Regulations (Zoning)" by amending Section 11.10 regarding Off -Site Off -Street Parking; and by
adopting by reference Eagan City Code Chapter.. S@ctio 11,99• Aye: 4 Nay: 0
CONSIDERATION OF INTEltW'OADINANCE FOR ALL D -II
DESIGNATED PROPERTY IN TI&tOMP126kNSIVE GUIDE PLAN
City Administrator Hedges providq. 4n pYew on tltfs:iiem. Councilmember Blomquist
suggested that the Comprehensive Guide'lai;aiiii Use lai;slibuld contain a legend indicating that the
D -II properties are shown in gold. City Administrator Hedges noted that this interim ordinance is not
singling out any parcels, but rather will apply to all D -II parcels in the City.
Councilmember Masin moved, Councilmember Wachter seconded a motion to approve an
ordinance of the City of Eagan Minnesota, adding City Code Chapter Twelve entitled "Comprehensive
Guide Plan and Land Use Regulations - Iii en Use Study", and by adopting by reference Eagan City
Code Chapter 1 and Section 12.99. Aye: 4:NqX*::::,:, ,
PRELIMINARY & FINAL
City Administrator Hedges
staff report.
- DAMONE GROUP, LLC
item. Senior Planner Ridley gave a
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a
Preliminary and Final Planned Development to allow an assisted living residence facility on Lot 1, Block
1, Pilot Knob Heights 1st Addition in the SW IV4of Section 15 subject to the following conditions:
1. The proposed facility sha1:}cvde:cai':Qr el%tiy residents in a one-story building as
proposed on the site plan subrii Ma:..
2. Execution of a Final Planned Develti hent Agin went.
3. The developer shall install tree protective me aes (i.e. 4 foot polyethylene laminate
safety netting) at the drip line or at the perimeter of the critical root zone, whichever is
greater, of significant trees/woodlands to be preserved.
4. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure com "Uhhce with the approved Tree Preservation
Plan.
5. The developer shall dedicab ii€ b.....:ctf a and utility easements over the existing
sanitary sewer and water mam fines 'along the west and south edges of the site to achieve
20 feet of easement centered over the utility .
6. The developer should relocate the larger plants shown within the area of the proposed
drainage and utility easements to areas outside of the proposed easement area, or
substitute them with plants that -do not grow very tall (e.g. small shrubs and flowers) or
have deep root systems.
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 12
7. This development shall bis-'igspons'ible for casli: itks and trails dedication.
8. Water quality mitigation ri# #urements shall he#1.et through on-site ponding.
9. The design of the detention pij?ittiCv orate an aquatic bench for safety purposes
as per the City of Eagan's detentionisiiti'iiesign standards.
10. If after review by the City it is decided that additional parking is needed based on
extensive on -street parking, additional parking stalls must be provided within one year.
Aye: 4 Nay: 0
Councilmember Wachter moved, Councilmember'lvlasin setoi►ded a motion to approve a Variance to
the Shoreland Ordinance (Section 11.21 & Subd. 8, i} ;d.) to alk*. 35.3% impervious lot coverage on Lot
1, Block 1, Pilot Knob Heights 1•t Addition. .tb :p� Sec6&.15, subject to the following conditions:
1. Water quality mitigation requirements sha7Tbe met through on-site ponding.
2. The design of the detention pond must incorporate an aquatic bench for safety purposes
as per the City of Eagan's detention basin design standards.
Aye: 4 Nay: 0
CONSIDER REQUEST FOR NO PAAKING;:I+yiF}RTH &SOUTH RUBY COURT
Director of Public Works Colbert gave8taff.regp%.: 14E:ttoted that the Homeowners Association
of the Diffley Commons Villa and Garden Hps:a:tegiiissted the restriction of on -street parking and a
reduction in the speed on North and He explained that the City can lower the speed
limit of residential streets that are a quartei'of a mile or less to 25 mph.
Councilmember Blomquist moved, Mayor Egan seconded a motion to approve the request to
restrict on -street parking and reduce the speed limit to 25 mph on North and South Ruby Court. Aye: 4
Nay: 0
�EGISLAL AFFAIRS
City Administrator Hedges commented that lie and Chi icilmembers Masin and Blomquist
attended the AMM meeting where Mayor Egan reli fished th Presidency of the AMM.
PMINISTRA1TW .AGENbA
CONSIDER PROCESS TO PROCEED WITH FURTHER CONSIDERATION OF PARKING
& BUILDING FACILITIES ON THE MUNICIPAL CAMPUS SITE
This item was considered prior to Public Hearings.
SET PUBLIC HEARING FOR My8RAL OBLIGATION BACKING -
HOUSING DEVEL OIC MEN'I' REVENUE BONDS
This item was considered on the Consent Agenda.
EXEMPTION FROM LAWFUL GAMLING LICENSE - BURNSVILLE ROTARY
This item was considered on the Consent Agenda.
EAGAN CITY COUNCIL MEETING NNUTTS; JUNE 3,1997
PAGE 13
CONTRACT 97-11, OLD SIBL-W---*HIGHWAY/EAGAN HEIGHTS TOWNHOMES
City Administrator Hedges proviQ.-o overview onAt.9.4tem.
moved, U tion to approve the
Councilmember Blomquist mo d r: esin seconded a mo
plans and specifications for Contract 97-11 and au* 66 th advertisement for a bid opening to be held
at 10:30 a.m. on Thursday, June 26,1997. Aye: 4 Nay: 0
jtbuotyt"a
Director of Public Works Colbert f
0 of an informational meeting
scheduled for June 4 regarding the TH 13 improvem*Ats- He a.. q:mentioned that there was significant
water usage in the City last Sunday. He said there w*:':a*"s"'enougli:*r"'e'*s:erve capacity to accommodate the
increased usage; however, he reminded the public "'k. -the City::O..Eagan has an odd/even sprinkling
restriction in place at all times. He further:, 04.tbtii:itinderii6Hces are sent with the utility bills. He
added that City staff is issuing warning taioitors:ijiiig them of the restriction.
Councilmember Blomquist commented that the portion of Iiiver Grove Heights that is serviced by the
Eagan water supply should be informed also. Director of Public Works Colbert stated that those residents
are required to be informed and comply under the joint Powers Agreement.
City Administrator Hedges mentioned that School District #191 Superintendent Jim Rickabaugh
announced his resignation today.
Councilmember Wachter commented thii
rp: i.cture sales occurring along Pilot Knob Road
on the weekends and he asked if there is some **y that thipatwt officers could check for permits of
those vendors who are selling items along the rQad.sides:9p:tX g.weekends. City Administrator Hedges
noted that he and Senior Planner Ridley 4equest at an upcoming Department Head
meeting.
Councilmember Wachter stated that no more Green Acres designations should be established in
the City unless it is a legitimate request and approved by City Council action. He noted that he is
concerned about outside storage that is occurring at some convenience gas stations and the potential
safety hazard.
Mayor Egan stated that he saw aooiiis for Rent sign'di i .the Greg Rounds' property on Pilot
Knob Road. He requested staff investigate what is oipimi*"irring afthat site.
Councilmember Blomquist stated that she hio-::iome adb6tions for City Administrator Hedges on
the bill's list. She showed a copy of the Osman Shrine booklet,,-Wbich has an article on Robert Ferguson, a
resident of Eagan who has been active in the community. She said she would get additional copies for the
rest of the City Council. She referenced information prepared by the County's Physical Development
Division containing comments of the Dakota County Board of Commissioners with respect to MnDOT's
Metro Division Transportation Systems Plan (TSP) and said there are several areas that concern the City
and that it would be helpful if the City Council could continuq.�r,-'Vet copies of this in the future.
Councilmember Wachter moved,:.C. OU ber. sm seconded a motion to schedule Special
City Council meetings for June 17 and 241 4:5.q..., M.-' . y. I 0
CHECK REGISTER:::;:
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated May 29,1997 in the amount of $3,017,321.83. Aye: 4 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; JUNE 3,1997
PAGE 14
:;f�StJIIINME11iT'
The meeting adjourned at 9:55 p.m; #q:an Executive Segsiun. Present were Mayor Egan,
Councilmembers Wachter, Blomquist and Ni, .City Admjsttator Hedges, Director of Public Works
Colbert and City Attorney Sheldon.
MLK
Date City Clerk
If you need these minutes in an alternative form such as large print, Bratlfe, audio tape, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 68�, (rDD:phone: (612) 454-8535).
The City of Eagan is committed to the policy thatal};pe.Ptis tiaue gt i#access to its programs, services, activities,
facilities and employment without regard to race; icoYor, creed; li; li ,i6ii, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
MINUTES MASPECIAL MEETIRO:OF THE
IkAbAN CITY COUNCIL::
:::Eagan, Minnesota:
A special meeting of the Eagan City Couhoif'was held on Tuesday, May 27, 1997, at 5:00 p.m. in
the Community Room of the Eagan Municipal Center building. Present were Mayor Egan, City Councilmembers
Awada, Blomquist, Masin and Wachter. Also present was City Administrator Hedges.
TIF PROJECTIPURCHASE AORU.MENT FOR CELESTE STRAW PROPERTY,
City Administrator Hedges stated that s :is final*:'betails of the purchase agreement with Ms.
Straw at an appraised price of $88,000. To assist with; some of her personal circumstances, staff is requesting
permission to issue an earnest money check to Ms. Stf�ii:as soon :i;s i:i satisfactory agreement is arrived at. The
agreement itself will be placed on the Council's.Gonsecj islgi#fida foF:�3c0 a 3. The Council authorized staff to proceed
in this manner.
GENERAL DISCUSSION
City Administrator Hedges reviewed the City's Vision Statement, a proposed Mission Statement
that was extracted from the first paragraph of the Vision Statement and copies of articles providing examples of
strategic planning and a visionary process that;.other communities have implemented. He stated that the reason for
providing the Mission Statement as a separat ."*c - ent is to allow the City Council, staff and community to clearly
understand the mission of their local govemrrieiit;;:;:thanked the City Administrator for providing the
information and comments.
City Councilmember Blomquist stiiared sqme.:.pic#iies, newspaper articles and a City Council
packet, among other documents, that she has kept i;.ifico:1f 6;Aai1y-1980's. She suggested that City Councilmember
Wachter, as Chairperson of the History Commiitdi ;:::refdfi the City Council packet and several of the other
documents for the historical archives.
City Councilmember Blomquist responded to the City Administrator's comments and material by
stating that she is proud of the sense of community that Eagan continues to experience. She stated that the City is
known for its excellence in police service, a great park system, a unique trail system and many other excellent public
services. City Councilmember Blomquist also stated that she liked the Mission Statement and would propose the
following slogan for the City of Eagan, "NotaiSft C!A;taige: ttD:ix c�frx:Oo small." She further stated that in Eagan,
the City Council and civic.organizations contirti4-to:6uifd:t6fiin:::Ipr :tN#jich makes the City special.
Mayor Egan stated that the community fads experied a transition from a blue collar presence to
an escalation of professionalism; however, he is proud::. t the 6s.twunity has never lost its sensitivity to the
resident. Mayor Egan stated that a good example is pow: servicel r:the City has moved from a period 20 years
ago where the police knew everyone in.the community to a present:4i community-based policing. He stated that
the commitment to a sense of community has never changed; only the methods of addressing the community have
become more formalized.
City Councilmember Masin stated that the City Council needs to consider more casual ways of
talking to people, such as neighborhood meetings. City Councibnamber Wachter stated that staff is holding
numerous neighborhood and informational meetings to discuss varlpg issues. He stated that staff, beginning with
the City Administrator, department heads and other employees puf:"ir heart into their work and truly understand
the City as stakeholders. He further stated longevity staff has given and the fact that
many of upper management live within the coiljFfiEi
City Councilmember Masin stated that she too is pFdo of staff, their accomplishments and all they
do for the community. She further asked if the Council is changing:_ti5fessionally. As a group, are we meeting the
leadership needs and establishing a long-term vision? She stat6d1hat a specific vision statement and list of
strategies are important for the future.
City Councilmember Awada stated that she would like to continue the goal setting and stated that
the City has realized and achieved many accomplishments over the past few years. City Councilmembers spoke to
Page 2/Eagan Special City Council Meeting Mitii?e's ""
May 27, 1997
the Promenade, community center building prQlecsEs, excellent infraSrcture and the numerous developments that
have occurred in the last 15 years.
City Councilmember Awada further stat6 tliit'tFie City Council could possibly be more effective by
interacting in smaller groups. She stated that the Council has three standing committees. Possibly, they need to
become more active. City Councilmember Wachter stated that the Public Works Committee has met once and will
be meeting a second time to discuss the Fire Administration building which has proved to be a good example of a
small group forum.
City Councilmember Masin ag iii'ixairiiit citeilf GiOie .,iision for more community reach -out. Mayor
Egan stated that the Chamber and City have collaborated -to an exoW'nt business reach -out that is happening on
an every other month basis. He stated that the comprehensive guide''Plan update will provide yet another forum to
provide more interaction with residents and land owner$?within ttie:::iommunity. City Councilmember Wachter
suggested that the newsletter continue to be used .as::a i6o Amunity::mach-out, periodically including a community-
wide survey. City Councilmember Awada st» (::t�i#t: ag�j...... roject a positive sense of community. She
suggested that a formalized streetscape program fog Yankee Dbbdlb Road, and possibly other streets, will continue
to make Eagan attractive and project a statement image about the community, similar to the Lone Oak Tree that was
painted on the reservoir located on 1-35E. City Administrator Hedges stated that the City has received numerous
compliments about Deerwood Reservoir. Mayor Egan included the discussion by thanking the City Administrator for
the informal facilitation and support information provided prior to the meeting. City Councilmembers agreed that a
similar meeting should be held in two to three.months, again without any specific agenda.
Date
.kslQtaRNMENT
There being no further business, the:meetind WXi"idjoymed at approximately 8:15 p.m.
City Clerk
TLH
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require 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 Old or New Business unless the discussion required is
brief.
A. PERSONNEL ITEMS
Item 1. ,Seasonal Recreation Assistants --
ACTION TO BE CONSIDERED:
To approve the hiring of Andrew Beecher, Gabriel Doring, Rachel Forde, Jim Halloran, Lisa
Heine, Nicole Hughes, Ruth Hutchins, Katie Jensen, Heather Kattleman, Courtney Kjos, Rachel
Kunz, Brandee Kuzei, Erin Kuzel, Jessica Lentsch, Quentin Mitchell, Kim Moen, Sara Rodman,
Julie Russomanno, Sarah Schmidt, Kelly -Jo Tepfer, and Jason VanOverbeke as seasonal
Recreation Assistants.
Item 2. Seasonal Recreation Leaders --
ACTION TO BE CONSIDERED:
To approve the hiring of Julie Beecher, Rachel Coulter, Nicole Dardis, Heather Kjos, Kimberly
Larson, and Stephanie Toussaint as seasonal Recreation Leaders.
Item 3. Seasonal Preschool Program Instructor --
ACTION TO BE CONSIDERED:
To approve the hiring of Judy Forde as a seasonal Preschool Program Instructor.
Item 4. Seasonal Tennis Instructors—
ACTION TO BE CONSIDERED:
To approve the hiring of Brendan O'Rourke and Anthony Sexton as seasonal Tennis Instructors.
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
Item 5. Seasonal Utility Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Carrie Gangl as a seasonal Utility Maintenance Worker.
Item 6. Seasonal Parks Maintenance Worker—
ACTION TO BE CONSIDERED:
To approve the hiring of Kelly O'Connor as a seasonal Parks Maintenance Worker.
Item 7. Electrical Inspections—
ACTION TO BE CONSIDERED:
To approve a resolution rescinding Ordinance No. 68 for establishing an Electrical Inspector and
to approve engaging the State of Minnesota to provide electrical inspection services for the City
of Eagan effective July 1, 1997.
FACTS:
As the Council is aware, with the retirement of the City's contractual Electrical Inspector, the
City's Chief Building Official conducted a study as to the most cost effective and efficient
method to provide electrical inspection services for the City of Eagan. The three main
alternatives were contracting for the service, hiring personnel to perform the service as
employees of the City of Eagan or engaging the State Board of Electricity. It is the
recommendation of the Chief Building Official and the City Administrator that the City engage
the services of the State Board of Electricity. Due to City Councilmember Wachter's
construction background and knowledge, the study and recommendation were reviewed with him
and he is in favor of the above recommendation. Because the position of Electric Inspector was
established by City Ordinance, it is technically necessary to also rescind that ordinance as a part
of the action for this item.
ATTACHMENT:
Attached on page is a copy of the resolution rescinding Ordinance No. 68.
CITY OF EAGAN
RESOLUTION RESCINDTNG ORDINANCE NO. 68
FOR ESTABLISHING AN ELECTRICAL INSPECTOR
WHEREAS, Ordirw= No. 68 was adopted on or about May 3, 1977; and
WHEREAS, said Ordinance established an electrical inspector, inspcctoes
compensation and an electrical ordinance; and
WHEREAS, the City of Eagan desires to engage the Stft of Minnesota to provide
electrical inspection swviices; and
WHEREAS, said ordinance would conflict with the electrical inspection scrvvices
provided by the State.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan,
Dakota County, Mitmesota:
1. That Ordinance No. 68, establishing = electrical inspector for the City of
Lagan, be rzscinded.
ATTEST.
E. J. VanOverbeke, Clerk
The motion for the
Member
favor: _
the same:
CITY OF EAGAN:
Thomas A. Egan, Mayor
adoption of the foregoing resolution was duly seconded by
and upon vote being taken thereon, the following voted in
; and the following voted against
VME- RE UPON, said resolution was declared duty passed and adopted and was sibmed
by the Mayor and his signature attested by the City Clerk.
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
B. RESIGNATION, AIRPORT RELATIONS COMMISSION
ACTION TO BE CONSIDERED:
To accept the resignation of Joe Harrison from the Airport Relations Commission and to appoint
the current alternate, Michael Steenberg, to fill the remainder of Mr. Harrison's term.
FACTS:
The City is in receipt of correspondence from Joe Harrison tendering his resignation from the
Airport Relations Commission. As the Council has considered in the past, staff is recommending
that the current alternate be promoted to the regular Commission position and that the remaining
candidates for advisory commissions be contacted by staff to determine their interest in serving as
an alternate on the Airport Relations Commission. If no response is received from the pool of
candidates from January, the position will be advertised in the local media.
ATTACHMENTS:
♦ Joe Harrison's letter on page F1 .
7
r
J
Cl
I
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: Receive the bids for Contract 97-06 (Miscellaneous Street
Overlays), award the contract to the lowest responsible bidder and authorize the Mayor and City
Clerk to execute all related documents.
FACTS:
Contract 97-06 consists of the following projects which were approved at their noted public
hearings:
Project #
Description
Public Hearing Date
705
Wescott Road (Denmark — Lexington)
August 6, 1996
711
Denmark Avenue (Sidewalk only — Town Center)
Developer waived
713
Denmark, Kolstad, Timbershore Lane
April 1, 1997
714
Donald Avenue
April 15, 1997
715
Heine Strasse
April 15, 1997
On June 3, the City Council approved the plans for these public improvements and
authorized the advertisement for a competitive bid opening that was held at 10:00 a.m. on
June 13. All bids will be reviewed for compliance with bid specifications and accuracy for
extensions and tabulations. Any deviations will be addressed at the Council meeting
consideration of this contract award.
ATTACHMENTS:
• Bid summary tabulation, page 10
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Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To receive the bids for Contract 97-01B (Emergency
Vehicle Pre-emption — Signal Equipment), award the contract to the lowest responsible bidder,
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• On September 3, 1996, the City Council authorized the preparation of detailed plans for
Contract 97-01 to provide for the installation of Emergency Vehicle Pre-emption of traffic
signals throughout the community. Subsequently, Contract 97-01 was split into two
subcontracts, A & B. Contract 97-01B provides for the City's purchase of the equipment to
be installed under 97-01A.
• On May 6, the City Council approved the equipment specifications for 97-01B and upon the
advertised solicitation of competitive bids, a bid opening was held at 10:30 a.m. on June 6
1997.
Although there were 5 plan holders, only 1 formal bid was submitted by Rennix Corporation.
This bid was reviewed for compliance with bid specifications and accuracy for unit price
extensions and tabulations and found to be in full compliance with City, County, and State
requirements.
ATTACHMENTS:
Summary bid tabulation, page
=SEfI
3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST PAUL MN55110 612 490-2000 800 325-2055
ARCHITECTURE • ENGINEERING ENVIRONMENTAL TRANSPORTATION
Emergency Vehicle Preemption Equipment
Installation at 56 Eagan/Mendota Heights Intersections -By Others
City Project No. 97-01 B
Bid Date: Friday, June 6, 1997
Bid Time: 10:30 a.m.
CONTRACTORS TOTAL BID
1, Rennix Corporation $209,835.00
Low Bid $209,835.00
Feasibility Report Estimate Unavailable
Percent Over (+) Under (-) Unavailable
Engineer's Estimate $314,100.00
Percent Over (+) Under (-) -33.2%
SHORT ELLIOTT
HENDRICKSON INC MINNEAPOLIS. MN S.T. CLOUD, MN CHIPPEWA FALLS, W1 MADISON, K7 LAKE COUNTY, IN
EQUAL OPPORTUNITY EMPLOYER
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To approve a Resolution restricting onstreet parking on
Wescott Road from Pilot Knob Road to TH 149 and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Wescott Road from Pilot Knob Road to TH 149 is designated as Municipal State Street # 106
and, as such, is eligible for construction and maintenance financing through the City's share
of gas tax revenue.
• In order to qualify for these funds, it must be constructed to MSAS standards. The present
section of Wescott Road as a 4 -lane community collector does not provide any room for
onstreet parking. Subsequently, MnDOT requires the City to formally pass a Resolution
restricting onstreet parking before funding will become available for the proposed
reconstructive overlay under Project 704, Contract 97-06.
ATTACHMENTS:
• Resolution, page
t3>
CITY OF EAGAN
A RESOLUTION RELATING TO PARKING RESTRICTIONS
ON
Wescott Road (MSA)106
Between Pilot Knob Road (County Road 31) & State Trunk Highway 149
THIS RESOLUTION, passed this 17th day of June, 1997, by the City of Eagan in Dakota
County, Minnesota. The Municipal corporation shall hereinafter be called the "City",
WITNESSETH: Whereas, the "City" has designated Wescott Road from Pilot Knob Road (County
Road 31) to State Trunk Highway 149 a Municipal State Aid Street; and
WHEREAS, the "City" will be expending Municipal State Aid Funds on the planned
improvement of Wescott Road from Denmark Avenue to Westbury Drive and other future
improvements along the entire length of Wescott Road from Pilot Knob Road (County Road 31) and
State Trunk Highway 149.
WHEREAS, neither the entire length of Wescott Road nor this planned improvement from
Denmark Avenue to Westbury Drive provides adequate width for parking on both sides of the street;
and approval of the proposed construction as a Municipal State Aid Street project must therefore be
conditioned upon certain parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall ban the parking of
motor vehicles on Wescott Road from Pilot Knob Road (County Road 31) to State Trunk Highway
149 at all times.
DATED this 17th day of June, 1997.
Thomas A. Egan, Mayor
ATTEST:
E.J. VanOverbeke, City Clerk
CERTIFICATION
State of Minnesota
County of Dakota
City of Eagan
I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented
to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City
of Eagan, Minnesota, on the 17th day of June, 1997, as disclosed by the records of said City in my
possession.
E.J. anOverbeke, City Clerk
GAESOLLMONSINo Padang - W000a
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To approve a Resolution conveying a public street over
public property for Kingswood Pond Road and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
City staff has been contacted by the attorney representing the developer of the Kingswood
Pond Addition requesting the City to pass a Resolution that would officially convey the
rights to have a public street access provided over the public property of the Fire
Administration Building to provide and ensure continued legal access to the Kingswood
Pond development from Wescott Road. This Resolution and action is being requested by the
title company to ensure that there are no title problems relating to this development being
landlocked from official dedicated public access. This request and Resolution has been
reviewed with the City Attorney's Office and found to be in order for favorable Council
consideration.
ATTACHMENTS:
Resolution, pagesAr- through (9.
(/5000--
SENT BY
612 432 3780
6-12-97 ; 9.52 ; SEVERSON SHELDON- 681 4694;# 3/ 5
CITY OF EAGAN
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION TO LAYOUT AND OPEN A CITY STREET
PURSUANT TO MINNESOTA STATUTES 6 412.221, SUED. 6
BETWEEN C.S.A.H. 31 (PILOT KNOB ROAD),AND
THE PLAT OF KINGSWOOD PONDS FIRST ADDITION
WHEREAS, the Horne Development Corporation, a Minnesota corporation, has
prepared the plat of KINGSWOOD PONDS FIRST ADDITION with a dedicated city street
called Kingswood Ponds Road with its eastern terminus abutting property owned in fee by the
City of Eagan ("City");
WHEREAS, the City has approved the location of Kingswood Ponds Road and the
easterly extension thereof across City property to a signalized intersection with C.S.A.H 31
(Pilot Knob Road);
WHEREAS, the City, pursuant to Minn. Stat. § 412.221, Subd. 6, has the power to
layout and open city streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EAGAN CITY
COUNCIL:
That the City, pursuant to Minn. Stat. § 412.221, Subd. 6, hereby lays out and opens
Kingswood Ponds Road over, across and through real property that it owns in fee and legally
described in EXHIBIT A, which is attached hereto and made a part hereof, for the purpose of
extending Kingswood Ponds Road from its eastern terminus as shown on the plat of
KINGSWOOD PONDS FIRST ADDITION to the west right-of-way line of C.S.A.H. 31 (Pilot
Knob Road) as shown on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 25A.
Passed this day of , 1997.
Ayes:
Nays:
SENT BY
RESOLUTION NO.
Page 2
Attest:
612 432 3780
6-12-97 : 9:52 : SEVERSON'' SHELDON 681 4694:# 4/ 5
Gene VanOverbeke, City Clerk
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
CITY OF EAGAN
By:
Thomas Eagan, Mayor
On this day of _ , 1997, before me a Notary Public within and
for said County, personally appeared Thomas Egan and Gene VanOverbeke to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor
and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed in behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the
free act and deed of said municipality.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Michael Dougherty
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(612) 432-3136
RESOLUTION NO.
1:01147W
A 47 foot wide perpetual easement for public street and utility purposes over, under and
across that part of the Northeast Quarter of the Northeast Quarter of Section 21,
Township 27, Range 23, lying westerly of the west right of way line of County State Aid
Highway Number 31 (Pilot Knob Road) and lying 16 feet northerly and 25 feet southerly
of a line described as commencing at the Northeast corner of said Section 21; thence
South 89 degrees 36 minutes 36 seconds West, assumed bearing along the north line of
said Northeast Quarter of the Northeast Quarter, a distance of 214.50 feet, to the west line
of the east 214.50 feet of said Northeast Quarter of the Northeast; thence South 00
degrees 29 minutes 01 seconds East along said west line of the east 214.50 feet, a
distance of 49.41 feet to the point of beginning of the line to be described; thence
southeasterly 51.90 feet along a non-tangential curve, concave to the north, having a
radius of 220.00 feet, a central angle of 13 degrees 30 minutes 57 seconds and a chord
which bears South 83 degrees 37 minutes 56 seconds East; thence North 89 degrees 36
minutes 36 seconds East, tangent to the last described curve, a distance of 163.09 feet to
the east line of said Northeast Quarter of the Northeast Quarter and there terminating.
Easement lines are prolonged or shortened to terminate at the West line of County State
Aid Highway Number 31 (Pilot Knob Road) and the west line of the east 214.50 feet of
said Northeast Quarter of the Northeast Quarter.
Am
Agenda Information Memo
June 17, 1997
C ' s ��J�L�t_li►�� :� LII 9 1114'/ 7411AN Xwin.0 .diel: s ��
ACTION TO BE CONSIDERED: To authorize the feasibility report and detailed plans and
specifications for Project 722 (Murphy Parkway — Trunk Watermain).
FACTS:
• With the recent completion of the Deerwood Reservoir, the extension and freeway crossing
of the Deerwood trunk watermain and the pending development of the Murphy Farms
Addition, there are approximately 1,000' of trunk watermain that remains to be constructed
along Murphy Parkway from Deerwood Drive to the Blackhawk Ponds Addition. This will
provide the final completion of the City's trunk water distribution system between the
Coachman Road Water Treatment Plant north well field and the Deerwood Reservoir.
Although the timing is related to the development of the Murphy Farms Addition, this is a
Public Works Department initiated project that could most economically be constructed in
conjunction with the Murphy Farms development.
11
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
H. AMUSEMENT DEVICE LICENSE RENEWALS
ACTION TO BE CONSIDERED:
To approve license renewals for the amusement device licensees currently operating in the City of
Eagan.
FACTS:
♦ City Code provides for the licensing of amusement device providers on at least an annual basis.
Staff is in receipt of applications from eight firms currently licensed within the City requesting
renewals for the coming year. These applications are in order for consideration by the Council.
ATTACHMENTS:
♦ List of amusement device licensees on page _C;ZL-
1997-1998 AMUSEMENT DEVICE LICENSE RENEWALS
1. Advance Carter Company
American Amusement
850 Decatur Avenue N.
Minneapolis, MN 55427
2. Dahlco Music & Vending
296 N. Pascal Street
St. Paul, MN 55104
3. Gary Starks
3125 Dodd Road
Eagan, MN 55121
4. Awe Vending & Amusements
476 South Snelling Avenue
Suite #2
St. Paul, MN 55105
5. CDL
12322 Business Park Blouevard N.
Champlin, MN 55316
6. American Amusement Inc.
1416 Carroll Avenue
St. Paul, MN 55104
7. Theisen Vending
3800 Nicollet Avenue
Minneapolis, MN 55409
8. Mark Stubson
P.O. Box 4015
Hopkins, MN 55343
a I
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
I. SERVICE_ STATION LICENSE RENEWALS
ACTION TO BE CONSIDERED:
To approve license renewals for service stations within the City of Eagan as presented.
FACTS:
�► City Code requires that service stations operating within the City of Eagan be licensed on at
least an annual basis. The City is in receipt of applications from 25 current license holders.
The applications have been reviewed by City staff and are in order for consideration by the City
Council.
ATTACHMENTS:
♦ Service station licensees on pages through �.
1997-1998 SERVICE STATION LICENSE RENEWALS
1.
Cedar Cliff
Amoco
4600 Slater
Road
Eagan, MN
55122
2.
Cedarvale Texaco
3830 Sibley
Memorial Highway
Eagan, MN
55122
3.
Duckwood 66
3575 Pilot
Knob Road
Eagan, MN
55122
4.
Eagan E -Z Stop
4195 Nicols
Road
Eagan, MN
55122
5. Eagan Amoco
4205 Nicols Road
Eagan, MN 55122
6. Oasis Market #518
3390 Coachman Road
Eagan, MN 55123
7. Oasis Market #576
3150 Dodd Road
Eagan, MN 55121
8. Oasis Market #594
1286 Lone Oak Road
Eagan, MN 55121
9. Oasis Market #590
4250 Lexington Avenue
Eagan, MN 55122
10. Holiday Stationstore #232
4595 Nicols Road
Eagan, MN 55123
11. Holiday Stationstore #247
3615 Pilot Knob Road
Eagan, MN 55122
12. Holiday Stationstore #68
1065 Diffley Road
Eagan, MN 55122
a 3
13. PDQ
4198 Pilot Knob Road
Eagan, MN 55122
14. Rudy's Sinclair
3946 Nicols Road
Eagan, MN 55123
15. Super America #4049
4200 East Highway 13
Eagan, MN 55123
16. Super America #4182
1406 Yankee Doodle Road
Eagan, MN 55121
17. Super America #4335
1379 Town Center Drive
Eagan, MN 55122
18. Super America #4464
2250 Cliff Road
Eagan, MN 55123
19. Texaco Superstore
1579 Cliff Road
Eagan, MN 55122
20. Tom Thumb
1446 Yankee Doodle Road
Eagan, MN 55121
21. Tom Thumb
1815 Diffley Road
Eagan, MN 55123
22. Total
4206 Nicols Road
Eagan, MN 55123
23. Total
2000 Rahncliff Road
Eagan, MN 55123
24. Yankee Square Amoco
1424 Yankee Doodle Road
Eagan, MN 55121
25. McG's
1969 Silver Bell Road
Eagan, MN 55123
: 4
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
J. APPROVAL OF PURCHASE AGREEMENT
HIGHWAY 55 REDEVELOPMENT DISTRICT, 815 LONE OAK ROAD,
ARNOLD BUECKSLER
ACTION TO BE CONSIDERED:
To approve a purchase agreement for the Arnold Buecksler property located at 815 Lone Oak Road
for all purposes of removal and redevelopment as a part of the Eagan Business Commons Project
within the Highway 55 Redevelopment District.
FACTS:
t The City has negotiated a purchase agreement with Arnie Buecksler at 815 Lone Oak Road in
the amount of $137,000, plus a moving cost allowance in the amount of $1,350. This purchase
price is within the range of the appraisal for Mr. Buecksler's home, plus relocation assistance
for a comparable property to be located elsewhere.
♦ With the acquisition of this property, the City is in a position to transfer four of the five
residential properties to the Eagan Business Commons Development. The HRA continues to
negotiate with Dart Transit on behalf of the City for the remaining property at 825 Lone Oak
Road.
Agenda Information Item
June 17,1997 Eagan City Council Meeting
K. FINAL SUBDIVISION, PRELIMINARY & FINAL PLANNED DEVELOPMENT
TESSERACT ADDITION
ACTION TO BE CONSIDERED:
➢ To approve a Final Subdivision for Tesseract Addition for 1 lot and 1 outlot on 12 acres,
located south of Silver Bell Road and north of Highway 13 in the NE 1/4 of Section 19.
➢ To approve the Preliminary and Final Planned Development for Tesseract Addition for
one lot for the expansion of Tesseract school, located south of Silver Bell Road, north of
Highway 13, and east of Tesseract Place in the NE 1/4 of Section 19.
FACTS:
r> The development contract, preliminary and final planned development agreements and
financial guarantee have been reviewed and are in order.
ATTACHMENT:+(1)
Plat Map -page '1 4 .
ac,
Ir
X41
Ir
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
L. APPROVE 7-1-97 to 7-1-98 GENERAL INSURANCE RENEWAL
ACTION TO BE CONSIDERED:
To approve the general insurance renewal for 7-1-97 to 7-1-98.
FACTS:
• The City has received renewal information for the general insurance coverages. The renewal
proposed has been assembled through Mark Hanson and Jeff Bowers of R.L. Youngdahl and
Associates, Inc., the City's insurance representative.
• General insurance coverages include buildings and contents, equipment, automobile, general
liability and numerous smaller areas of risk exposures.
• While official quotations were not solicited, other markets were reviewed. The general
conclusion is that there are no providers who can match the League of Minnesota Cities
Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only the
quote from the LMCIT to present to the City Council for consideration.
• The premium summary by coverage type for 1996/1997 and 1997/1998 is as follows:
(Increase) (Decrease)
Coverage 1996/1997 1997/1998 Amount Percent
LMCIT:
Property
$ 23,574
$ 21,340
($2,234)
(9.5%)
Inland Marine
4,786
5,099
313
6.5%
Liability
130,328
129,409
(919)
(0.7%)
Automobile
27,307
29,502
2,195
8.0%
Crime
385
385
0
0
Petrofund
756
1,050
294
38.9%
Open Meeting Law
1,953
3,406
1,453
74.4%
Boiler & Machinery
4,837
4,973
136
2.8%
$193,926
$195,164
$1,238
0.6%
Other Carriers:
AD & D Benefit(t) $2,263 $2,263 0 0.0
Employee Dishonesty 1,098 1,098 0 0.0
$3,361 $3,361 0 0.0
$197,287 $198,525 IL238 0.6%
(I) This coverage is for accidental death & dismemberment for the volunteer firefighters.
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
The large percentage increases in the Petrofund and Open Meeting Law coverages reflect the
relatively small base rates for the 1996/1997 year. The 1996/1997 premium for the Open
Meeting Law coverage was incorrectly calculated and the increase basically corrects that
mistake.
• Excess liability rates which have been solicited increased dramatically after a one year
reduction. Staff is not recommending the purchase of the excess liability coverage at this
time. Due to the relatively high costs, the City has not purchased this coverage in recent
years.
Agenda Information Item
June 17,1997 Eagan City Council Meeting
M. APPROVE CORRECTION TO MAY 19,1997 CITY COUNCIL MINUTES.
ACTION TO BE CONSIDERED:
➢ To approve a correction to the May 196' City Council minutes by removing Condition #3 of
Minneagan Real Estate Company -UPS 2nd Addition.
FACTS:
The staff report referenced the 2.3 acre Loren Place Addition as part of this plat.
Subsequent to the staff report preparation the applicant withdrew Loren Place from
inclusion into the plat.
i� The May 19, 1997 ratified Council minutes inadvertently reflect the Loren Place Addition
in Condition #3.
ATTACH' I[ENTS: (1)
May 19'h City Council Minutes pages -- ( through
30
EAGAN CITY COUNCIL MEETING MINUTES; MAY 19,1997
PAGE 5
Councilmember Wachter commented that the City Council is setting a precedent by approving
this request.
Flood. The regular meeting agenda was momentarily suspended to acknowledge retired firefighter John
RECOGNITION OF RETIRED FIREFIGHTER JOHN FLOOD
City Administrator Hedges noted that members of the Eagan Fire Department were present to
acknowledge a special congressional recognition for retired firefighter john Flood. Linda Westrom, on
behalf of Senator Rod Grams, presented Mr. Flood with a congressional award recognizing him for 28
years of outstanding service and achievement.
Councilmember Blomquist thanked Mr. Flood for his great service to the community.
The business of the regular City Council agenda was resumed.
NEW BUSINESS
PRELIMINARY PLAT - MINNEAGAN REAL ESTATE COMPANY (UPS 2ND ADD.)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Gary Gandrud, attorney representing UPS, said that they would like to install the landscaping
now, but since there is no water service available along the north property line they would not be able to
irrigate the new plantings. He added that they could install certain plantings -that would not require
much water, but they would prefer to wait until irrigation is available. Councilmember Wachter said that
it would be advantageous for them to plant trees now. Mr. Gandrud reiterated that they can install
plantings that do not need irrigation.
Mayor Egan commented that the City Council appreciates the letter submitted by David Taylor,
Region Real Estate Manager with UPS, outlining what UPS will do to address the neighbors concerns and
he added that he hopes they will follow through on all the items. Mr. Gandrud said they will follow
through. Councilmember Wachter stated that consideration needs to be given to what types of trees are
planted in the City. City Administrator Hedges commented that there is an approved list of trees that are
appropriate for planting in the City.
Councilmember Blomquist asked what impact this expansion will have on TH 149. Mr. Gandrud
explained that they will be providing right-of-way to Kutoff and Yankee Doodle Road. City
Administrator Hedges indicated that as part of the corridor study for TH 149 all the industrial users in
that area will be taken into consideration. Director of Public Works Colbert noted that the City's
consultant, Short, Elliott, Hendrickson, has evaluated the current and potential land uses along TH 149
and the Yankee Doodle corridor trying to project traffic generation and distributions. He said that he will
make sure that their projected land uses for this property coincide with the approved application being
proposed by UPS.
Councilmember Blomquist stated that there is a concern with how many trucks will be in that
area and how many other firms are going to expand and what the potential impacts might be. City
Administrator Hedges said that all these issues will be coordinated with representatives of UPS.
Discussion occurred regarding access to Delaware Avenue and Opperman Road. Councilmember
Blomquist suggested looking at the vacant Virginia Fox property to see what may be developed there.
Director of Public Works Colbert said he thinks the results of the Yankee Doodle extension corridor study
will help to determine the alignment and extent of any right-of-way needs from that parcel. He explained
the access to Opperman Drive and the Yankee Doodle corridor.
5, l
EAGAN CITY COUNCIL MEETING MINUTES, MAY 19,1997
PAGE 6
Councilmember Blomquist requested that staff include a comprehensive guide plan and/or
zoning map of Inver Grove Heights when other proposals are presented to the Council that are near the
Inver Grove Heights/Eagan border.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the UPS
2nd Addition subdivision (replat of UPS 1a' Addition) in order to combine Lots 1 and Outlots A & B, UPS
la, Addition into one lot (70.1 acres), Lot 1, Block 1, UPS 2nd Addition located east of Highway 149, north
of Opperman Drive and west of Inver Grove Heights subject to the following conditions:
Standard Conditions
The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3,1993:
Al, Bl, B2, B4, Cl, C2, C4, Dl, El, F1, Sr H1
Storm Sewer/Water Ouahty
2. All runoff from this development be discharged into Pond GP -5, and that no outlet be
installed so that runoff is contained entirely on-site.
Planned Develo ment
3 Prior to any future development, the 2.3 acres of Loren Place included in this plat shall be
incorporated into the Planned Development via rezoning UPS should make an application
to rezone Lot 1, Block 1, UPS 2nd Addition.
4. Landscaping should be installed upon completion of grading.
Aye: 5 Nay: 0
REZONING & PRELIMINARY SUBDIVISION (MURPHY FARM)
SPRINGBROOK CORPORATION
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. Howard Kyllo, representing Springbrook Corporation, withdrew their variance request for
proposed cul-de-sacs to include 60 foot radius "bubbles'.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a
Rezoning from Agricultural to R-1 Single Family on 22 acres located at 1655 Murphy Parkway, in the NW
Y4 of Section 21. Aye: 5 Nay: 0
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a
Preliminary Subdivision, including a variance to cul-de-sac length, consisting of 40 lots on approximately
35 acres located at 1655 Murphy Parkway, in the NW 3/+ of Section 21 subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3,1993:
Al, B1, B2, B3, B4, C1, C2, C3, C4, Dl, El, F1
3�
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To approve Dakota County Agreement #97-05 to City
Contract 97-01 (Emergency Vehicle Pre-emption — Signal Modifications) and authorize the
Mayor and City Clerk to execute all related documents.
FACTS:
• City Contract 97-01 provides for the installation of Emergency Vehicle Pre-emption
equipment on all signals throughout the entire City. Of the 56 signals being retrofitted, 46
signals are located on County roads and under the maintenance jurisdiction of Dakota
County. Subsequently, many of the signal control cabinets must be retrofitted to
accommodate the EVP equipment.
• Dakota County Signal Agreement 97-05 provides for the County to perform this work and
invoice the City of Eagan for its 50% share. It also restricts the use of the EVP system to
emergency response vehicles only. This agreement has been reviewed by the Public Works
Department and found to be in order for favorable Council action.
3 3
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To receive a petition to vacate a common lot line utility &
drainage easement over Lots 4 & 5, Block 3, Eagandale Corporate Center and schedule a public
hearing to be held on July 15, 1997.
FACTS:
• With the platting and recording of the Eagandale Corporate Center Addition, a drainage and
utility easement was dedicated over the common lot line of Lots 4 & 5, Block 3.
• These lots are now being replatted into Lots 1 & 2, Block 1, Eagandale Corporate Center No.
3 to relocate the lot line to accommodate a building permit application for a larger lot. The
new plat will rededicate all necessary drainage and utility easements.
• All application materials have been submitted, reviewed by staff and found to be in order for
favorable Council action of scheduling a public hearing to formally present and discuss the
merits of this request.
ATTACHMENTS:
• Location map, page—3—r
+ Graphic description, page
34
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Agenda Information Memo
June 17,1997
ACTION TO BE CONSIDERED: To approve Change Order #4 for Contract 96-01
(Eagandale Corporate Center — Streets & Utilities) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
Change Order #4 provides for the adjustment of utility lines due to a change in the grading
plan by the developer, subgrade excavation due to unsuitable soil conditions and increased
contractor costs due to delays associated with the redesign of the utilities to accommodate the
developer's request. The total amount of this change order results in an additional
$22,561.78 which is approximately 2.5% of the overall contract amount. All costs associated
with this change order will be assessed to the developer under the terms and conditions of the
development contract agreement.
ACTION TO BE CONSIDERED: To approve an agreement with Dakota County for Project
719 (Diffley Road & Rahn Road — Signal Study) for preliminary engineering and design services
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• In accordance with Dakota County and the City of Eagan's 5 -Year Capital Improvement
Programs, the study of the feasibility of the signalization of Diffley Road and Rahn Road
intersection has been scheduled for 1997.
+ In order for Dakota County to initiate this preliminary engineering and design study, the City
of Eagan must enter into a Cost Participation Agreement reimbursing Dakota County for our
proportionate share of all costs incurred for this study in case the subsequent project is not
approved as a result of a public hearing process. This agreement has been reviewed by the
Public Works Department and City Attorney's Office and found to be in order for favorable
Council action.
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
R. ON -SALE LIQUOR LICENSE — WHEATSTONE RESTAURANT GROUP
LLC DBA HOULIHAN'S 1294 PROMENADE PLACE _
ACTION TO BE CONSIDERED:
To approve an on -sale liquor license for Wheatstone Restaurant Group LLC dba Houlihan's to
be located at the Promenade restaurant cluster at 1294 Promenade Place.
FACTS:
• The City is in receipt of an application for an on -sale liquor license for Houlihan's Restaurant
at the Eagan Promenade. The application has been reviewed by staff and is in order for
approval by the City Council. The Police Department has reviewed the application and finds
no reason to deny it at this time.
ATTACHMENTS:
• Application enclosed without page number.
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
S. ORDINANCE AMENDMENT SEC. 2.52 CHANGING TITLE OF ADVISORY
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
ACTION TO BE CONSIDERED:
To approve an amendment to City Code, Section 2.52, changing the title of the Advisory Parks,
Recreation and Natural Resources Commission to Advisory Parks Commission.
FACTS:
• At the April 1, 1997 regular City Council meeting, approval was given to changing the name
of the Advisory Parks, Recreation and Natural Resources Commission to Advisory Parks
Commission.
Because the title of the commission is officially listed in Section 2.52 of the Eagan City
Code, it is necessary to have official approval of the change to the City Code.
31
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
T. PREMISES PERMIT RENEWAL APPLICATION
EAGAN HOCKEY ASSOCIATION
ACTION TO BE CONSIDERED:
To approve a resolution renewing the charitable gambling premises permit for the Eagan Hockey
Association for pull -tab operations at the Cherokee Sirloin Room at 4625 Nichols Road.
FACTS:
The City is in receipt of an application for renewal of the above referenced premises permit to
allow continuation of charitable gambling and support of the Eagan Hockey Association which is
located at the Cherokee Sirloin Room. The application has been reviewed by staff and the Police
Department and is in order for consideration by the City Council at this time.
ATTACHMENTS:
• Resolution on page
Application enclosed without page number.
RESOLUTION
CITY OF EAGAN
PREMISE PERMIT RENEWAL FOR EAGAN HOCKEY ASSOCIATION, INC.
ON CHEROKEE SIRLOIN ROOM PREMISES
WHEREAS, the Eagan Hockey Association, Inc. has applied for a premise permit
renewal for a pull tab operation at Cherokee Sirloin Room, 4625 Nicols Road; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
WHEREAS, this is a renewal of an existing premise permit;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approves the Eagan Hockey Association application for a premise
permit renewal at Cherokee Sirloin Room, 4625 Nicols Road.
Motion by:
Seconded by:
Those in Favor:
Those Against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
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 17`x'
day of June, 1997.
E. J. VanOverbeke, City Clerk
4 i
Northeast STATE OF MINNESOTA IFOR BOARD USE ONLY
GAMBLING CONTROL BOARD JAMT PAID
PREMISES PERMIT RENEWAL APPLICATION I CHECK NO.�
LG214PPR PRINTED: JDATE
LICENSE NUMBER: B-02145-002 EFFECTIVE DATE: 09/01/95 EXPIRATION DATE: 08/31/97
NAME OF ORGANIZATION: Hockey Sagan Assoc
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
Cherokee Sirloin Room
4625 Nicols Rd
Sagan 55122
COUNTY Dakota IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y
LESSOR INFORMATION
DOES YOUR ORGANIZATION OWN THIS SITE?: No
IF NO, LIST THE LESSOR:
Rick Casper
4625 Nicols Rd
Ragan MN 55122
NAME OF PROPERTY OWNER (WHEN NOT LESSOR):
.SQUARE FEET PER MONTH: 26
SQUARE FEET PER OCCASION: 0
AMOUNT PAID FOR RENT PER MONTH: 1000
AMOUNT PAID PER OCCASION: 0
BINGO ACTIVITY
BINGO IS CONDUCTED ON THIS PREMISES: No IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT
STORAGE ADDRESS
1128 Tiffany Pt
Sagan MN 55123
BANK INFORMATION
lot American Bank Metro
1995 Rahncliff Ct
Eagan MN 551229952
GAMBLING BANK ACCOUNT NUMBER: 862979
ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS
AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT.
THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS.
ride
o a3 + t Y.� +d . DY,d Mir-
�
MI"WIM1.5 Mm Omm log
(BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICA
*THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST
t:%
ACKNOWLEDGMENT
LALLING PREMISES AUTHORIZATION
I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS
OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS,
TO ENTER THE PREMISES TO ENFORCE THE LAW.
BANK RECORDS INFORMATION
THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT
WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES.
I DECLARE THAT:
• I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD;
ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;;
• ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED;
• I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION,
• I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING
ACTIVITIES TO BE CONDUCTED;
• I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES
OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS
AND RULES, INCLUDING AMENDMENTS TO THEM;
ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND
LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE;
• I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING
INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT.
SIGNATURE OF CHIEF EXECUTIVE OFFICER
DATE
LOCAL GOVERNMENT ACKNOWLEDGMENT
1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY
LIMITS.
2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS
LOCATED WITHIN A TOWNSHIP.
3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH
A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS.
4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY
APPROVING OR DENYING THIS APPLICATION.
S. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE
ATTACHED TO THIS APPLICATION.
6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED
TO THE GAMBLING CONTROL BOARD.
TOWNSHIP:
BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A
PREMISES PERMIT WITHIN TOWNSHIP LIMITS.
CITY* OR COUNTY** TOWNSHIP**
CITY OR COUNTY NAME TOWNSHIP NAME
SIGNATU/R�E OF PERRSjO RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION
TITLE v DATE RECEIVED TITLE DATE RECEIVED
r �-
REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS
MAIL TO: GALLING CONTROL BOARD
1711 W COUNTY RD B - SUITE -300 S
ROSEVILLE, MN 55113
� � 7/96) Minnesota Lawful Gambling
LEASE AGREEMENT FOR
PULL -TAB, PADDLEWHEEL, TIPBOARD, AND/OR RAFFLE
ACTIVITYAT A PERMITTED PREMISES
Properly OwnerlLessor Informalion
Name of Legal Owner of Property Street Address City Zip Daytime Phone
Name of Lessor Street Address City Zip Daytime Phone
(This may or may not be the same as the Legal Owner of the Property)
r,n (41 5 ' 'far ���. -- _ r. 5"5I. �)- (ro 1 -14 q -6.7-N
Name of Leased Premises I Street Address City Zip Daytime Phone
Name of Lessee (Name of Organization Leasing the premises) GCB License # of Organization Daytime Phone
,At6o - ; --- oil+s M -a315"
.Rent Info rmafion
Type of gambling activity (check all that apply) that will be conducted at this ambling premises.
Q Raffles Q Paddlewheels at
Q Tipboards
Total rent cannot exceed $1,000 per month for all non -bingo lease agreements with your organization for this gambling premises.
An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling.
Rent to be paid per month $ 1 OHO tLt
List dimensions of all areas leased by your organization for the conduct ofgambling activity checked above, including storage.
The leased areas are: 4.1 feet by -6,6 feet for a total of ,�' 95' square feet
feet by
feet for a total of
square feet.
feet by
feet for a total of
square feet.
feet by
feet for a total of
square feet.
Storage feet by
feet for a total of
square feet.
Storage feet by
feet for a total of
square feet.
Combined total S, $',,!� square footage
Submit a sketch (drawing) of the gambling premises. This must show the location of your organization's leased area(s) for the conduct
of lawful gambling, including areas leased for storage of your gambling product on this gambling premises. Be sure to write the dimensions
of the leased areas on the sketch. THE DIMENSIONS ON THE SKETCH MUST BE THE SAME AS THOSE LISTED ABOVE.
MN Statute 349.18 Subd 1 states that the term of the lease may not begin before the effective date of the premises permit and must expire
on the some day that the premises permit expires. ONLY write an effective date in this area of the lease if this is a renegotiated lease
agreement occuring during the term of your current premises permit.
Effective Date for Amended Lease Agreements % Z
By agreeing to the terms of this lease, it is mutually agreed that:
The owner of the property or the lessor
may not manage gambling at the pre-
mises;
The lessor of the premises, his or her
immediate family, and any agents or
employees of the lessee may riot partici-
pate as players in the conduct of lawful
gambling on the leased premises;
The lessor and the lessee do not have a
direct or indirect financial interest in the
distribution or manufacture of gambling
equipment;
The organization must obtain an organi-
zation license, gambling manager license
and a premises permit from the Gam-
bling Control Board. The organization
will be responsible for complying with the
laws and rules of lawful gambling;
The tern of the lease shall be concur-
rent with the premises permit;
The lessor of the premises will allow the
Board or agents of the Board, the Commis-
sioner of Public Safety or agents of the com-
missioner, or the Commissioner of Revenue
or agents of the commissioner, and law en-
forcement personnel to inspect the premises
at any reasonable time, and permit the
organization to conduct lawful gambling at
the premises according to the terms of this
lease. The lessor may not impose any con-
ditions on the organization regarding dis-
tributors of gambling equipment, services,
or the use of profits;
The lease shall be terminated for any illegal
gambling violations occurring on the pre-
mises;
The organization will be responsible for en-
suring that the lessor's business activities
are not conducted on the leased premises;
LG202
(Rev 0&17/96)
The lessor of the premises shall provide
the lessee access to the permitted pre-
mises during any time reasonable and
necessary to conduct lawful gambling on
the premises and as agreed upon in this
lease;
The lessor shall not modify, terminate or
refuse to renew this lease in whole or in
part because the organization reported
to a state or local law enforcement au-
thority or the Board the occurrence at the
site of illegal gambling activity in which
the organization did not participate; and
The organization must have, at the gam-
bling premises, a current inventory of
gambling equipment, a sketch with di-
mensions of the premises available for
review, and a clear physical separation
or divider between the lessee's gambling
equipment and the lessor's business
equipment.
List any other conditions or restrictions that will be included as part of the lease.
Attach additional sheets if necessary. Be sure both parties date and initial any attachments to this lease.
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required
between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease must be
submitted to the Gambling Control Board 10 days prior to the effective date of the change.
i ture of Lessor Date
Signature of OrVaRmfion Offrc' 1(lessee) Date
Priirt Name and Title ofbmsur Signatory
Print Name and Title of Lessee Signatory
.I
�C't�
I%i *e ' .s�/c s �tA- Pro&
vv1 �.� 6 4J l2
«o
A copy of this lease and a sketch, with dimensions ensions must be submitted with the premises permit application or
premises permit application renewal or when any changes in the lease agreement occur.
This publication will be made available m alternative format (i.e. large print, braille) upon request.
Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000.
If you use a TTY, you can call us using the Minnes9ta Relay Service at (612) 297-5353 or 1-800-627-3529 and ask
them to place a call to (612) 639-4000.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compli-
ance with Minnesota Statues and miles governing .lawful .gambling activities. Allof the information that you supply on
this form will become public information when received by the GCB.
fp -ON -1 Dwiz,
Agenda Information Memo
June 17, 1997
LL VACATE PONDING EASEMENT, TARA COURT
ACTION TO BE CONSIDERED: To receive a petition to vacate a ponding easement over a
portion of Lot 3, Block 1, Tara Court, as described and schedule a public hearing to be held on
July 15, 1997.
FACTS:
In 1969, Frances Shields dedicated a ponding easement to the township of Eagan over all of
what is now described Lot 3, Block 1, Tara Court, for LeMays Lake. When the final plat for
Tara Court was approved in February of 1981, the pre-existence of this underlying ponding
easement was not known and subsequently was not vacated. A recent title search discovered
its existence, and the current property owners have requested the City to vacate this
easement. The City has obtained adequate drainage, ponding, and utility easements with the
subsequent platting of the Tara Court subdivision.
All application materials have been submitted, found to be in order for favorable Council
action of scheduling a public hearing to formally consider this request.
ATTACHMENTS:
• Location map, page
• Graphic easement description, page_±
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Agenda Information Memo
June 17, 1997
[a) '-t0Ex_1
ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of the
utility easement as described over Lot 1, Block 1, Michael R. Sill 1" Addition (Tesseract School)
and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• On May 19, the City Council received a petition from the property owners requesting the
City to vacate a drainage and utility easement over the common lot line of Lot 1 and Outlot
A, Michael R. Sill Jst Addition, to accommodate the addition and expansion of the Tesseract
School. Upon receipt of this petition, the Council scheduled a public hearing for June 17 to
formally present and discuss the merits of this request.
• All notices have been published in the legal newspaper and sent to all potentially interested
parties informing them of this request and its scheduled public hearing. As of this date, staff
has not received any objections to this proposed vacation.
ATTACHMENTS:
• Staff report, location map, and legal description, pages through �,
ENGINEERING REPORT
CITY OF EAGAN
REPORT DATE: JUNE 4,1997
REQUEST: EASEMENT VACATION
LOCATION: LOT 1, BLOCK 1, MICHAEL R. SILL 1ST ADDITION
PETITIONED BY: JERRY HAUGEN, EDUCATION ALTERNATIVES, INC.
REPORT BY: CRAIG E. KNUDSEN, ENGINEERING TECHNICIAN
Backgfound
Jerry Haugen of Education Alternatives, Inc. is petitioning the City to vacate a drainage and Utility
easement on the common property line of Lot 1 Block 1, and Outlot A Michael Sill Addition. This
vacation results from the proposed expansion of the Tesseract School currently under construction.
The existing drainage and utility easement is located in an area that the building addition will be
constructed. As a result it is necessary to vacate the existing easement and replace it in accordance
with the proposed Tesseract Addition. Sense this is a replat, a review of the Tesseract Addition has
been done and all necessary easements will be provided through the replat. This easement is not
currently being used.
Notifications and Responses
Public notice for the vacation of this easement was published in the City's legal newspaper. Additional
notices were provided as standard procedure to parties who may have an intrust in The easement
vacation. The City has not received any objections based of the notices.
Rec mmendation
It is recommended that the City vacate the drainage and utility easement as described in the attached
legal with concurrent recording of the plat of Tesseract Addition.
Attachment: Location Map
Legal & graphic
Q 01
of
I
3800 �-- -
OIFFLEY
city of eagan
PUBLIC
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DESCRIPTION OF DRAINAGE ANd UTILITY EASEMENT TO BE VACATED
The south 10 feet of Lot 1. Block 1. Except the easterly and westerly 10 feet
thereof. And that part of the north 10 feet of Outlot A. which ties easterly
of Tesseroct Place. as dedicated in said plot. Except the easterly 15 feet
and the westerly 10 feet of that part of said Oullot lying easterly of said
Tesseract Place, all in MICHAEL R. SILL IST ADDITION, according to the
recorded plot thereof. Dakota County, Minnesota.
I hereby certify that this drawing was prepared by me or under my direct
supervision and that I am a duly Registered Land Surveyor under the lows
of the State of Minnesota.
Doted this 29th day of April, 1997.
RENDER do ASSOCIATES. INC. -
Alvin R. Rehder, land Surveyor Rehder and Associates. Inc.
minnesoto Registration Mn. 13295 cmn CWGiPC Rs Ma uwo MWETORs
1.M l.w� Yr • Y. !M . [Nw .•.wr . wog. (�7) !!`70l1
Agenda Information Memo
June 17, 1997
ACTION TO BE CONSIDERED: To approve a preliminary design layout for Project 709R
and authorize staff to pursue all available funding options and required agreements with
MnDOT.
FACTS:
• On May 6, 1997, the City Council approved the signalization of TH 13 @ Blackhawk Road
and directed staff to proceed with the detailed design.
• During the course of this design process, MnDOT has determined that in order for a signal to
be installed on TH 13 @ Blackhawk Road, the scope of the roadway improvements must be
expanded to connect to the divided highway section at Seneca Road to the southwest and
Yankee Doodle Road to the northeast. This results in a "super 2 -lane" design roadway and
requires the median to be constructed through the intersections of Yankee Drive and
Shawnee Road restricting those local streets to a right-inhight-out movement only.
• An informational neighborhood meeting was held on June 4 to present the details of this
preliminary design layout to all interested affected property owners. Only 5 property owners
attended the informational meeting of which 3 expressed their opposition to this design, 1
spoke in favor, and the 5th provided no comment.
• In order for MnDOT to pursue negotiations with the City and consider applications for
available funding opportunities, it is necessary that the City Council approve the preliminary
design layout for this "super 2 -lane" design concept.
I MM143
• With an estimated construction cost of approximately $1.2M, current 1VInDOT funding
opportunities will provide only approximately $400,000. As other funding opportunities are
pursued, formal agreements will be presented to the City Council for consideration at a later
date. However, it is unlikely that MnDOT will be able to provide any additional funding.
The Council should provide some funding level commitment to allow staff to continue with
this project.
• ATTACHMENTS:
• Sketch of proposed improvement, enclosed without page rber.
• Notice of informational meeting, pages S ! through
• Minutes of informational meeting, pages A7 _through .
5o
May 23, 1997
Re: City Project 7091;, TH 13/Blackhawk Road — (Highway & Signal Improvements)
Informational Meeting, 4:00 P.M., Wednesday, June 4, Eagan City Hall
Dear Property/Business Owner:
Many of the property and business owners along the TH 13 corridor have been organizing their
interests and concerns regarding the lack of an adequate highway section for TH 13 through the
City of Eagan. The Eagan Chamber of Commerce and the Small Business Association have had
several meetings with local, regional, and State elected officials to try and accelerate the ultimate
4 -lane divided roadway segment that would adequately meet the needs of our local business
community as well as the commuting public.
Simultaneously, the City of Eagan has been working for several years to try and signalize the
intersection of TH 13 at Blackhawk Road. Recently, the City was successful in qualifying for
MnDOT funding of approximately $260,000 of the estimated $340,000 cost to signalize this
intersection. However, in order to obtain these MnDOT funds, the improvement had to meet
their design criteria that required the installation of center medians extending both directions
from Blackhawk Road through the intersections of Shawnee and Yankee Drive. Because of the
level of support and interest expressed by the TH 13 Transportation Committee of business
owners, MnDOT agreed to expand the limits of this improvement by extending the center
medians all the way to the divided roadway segment at Seneca and Yankee Doodle Road. This
will result in a "super 2 -lane" design which is a divided 2 -lane roadway with separate turning
lanes at Seneca, Blackhawk, and Yankee Doodle Road. The intersections of Shawnee and
Yankee Drive will be restricted to right turns only due to the extension of a center median on TH
13 through these intersections. While this is not the ultimate desired improvement, it is a
positive step in the right direction.
We would like to invite those of you who are interested to attend an informational_meetind
scheduled for 4; 0 n.m., Wednesday, June 4, in the CommunityJR9om on the upper,. level of
the Ea an i , Hall located at the corner Wescott and Pilot Knob—Roads,
Representatives from the City and MnDOT will be available to explain the design and schedule
of this proposed improvement. This project will be considered by the City Council at their
regularly scheduled meeting of June 17. While the City will continue to pursue all available
sources of funds, the financing of any resultant local responsibilities has not yet been determined.
If there is the need for any funding by property/business owners, a separate subsequent notice
will be mailed and public hearing held.
S�
Page 2
The informational meeting on June 4 and Council review of June 17 will relate to the design
standard and project limits of this proposed public improvement. We will also be available to
address other transportation questions you may have regarding the TH 13 corridor or other areas
of the City at the June 4 meeting. We look forward to meeting with you then.
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
TAC/jj
Cc: Mayor & City Council, c/o Thomas L. Hedges, City Administrator
5 ;?0,-
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HIGHWAY 13/13LACKHAWK RD.
PROJECT 709R
Highway and Signal Improvements
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SILVER BELL RD.
Ro
PROJE4T
LIMITS
F—DEERWOOD
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Jennifer Hearon Pete Poppler
Dakota County Chamber ESBA
1474 Yankee Doodle Road 1310 Lone Oak Road
Eagan, MN 55121 Eagan, MN 55121
Jim Wisnoski
John Young
Lull Industries
JJY Industries, ESBA
3045 Highway 13
16275 Hudson Avenue
Eagan, MN 55121
Lakeville, MN 55044
Tom Walsh Doug Regnier
Eagan Chamber of Commerce Freightmasters
1535 McCarthy Road 3703 Kennebec Drive
Eagan, MN 55121 Eagan, MN 55122
Randy Stinar Len Levine
Stinar Corporation Citi -Cargo
3255 Sibley Memorial Highway Larson Companies
Eagan, MN 55122 # 360
2136 Ford Parkway
St. Paul, MN 55116
John Johnson Vince Kennedy
Eagan Mr. Tire Kennedy Trucks
3206 Sibley Memorial Highway 1415 Lone Oak Road
Eagan, MN 55122 Eagan, MN 55121
M.C. Gresser Dan Erickson
Gresser Co.'s MnDot Metro Division
1771 Yankee Doodle Road Waters Edge
Eagan, MN 55122 1500 W. Cty Road B-2
Roseville, MN 55113
Representative Tim Commers Senator Deanna Wiener
217 State Office Building 303 Capitol
St. Paul, MN 55155 St. Paul, MN 55155
5�
Ken Maleshs
Best Brands, Inc.
1764 Yankee Doodle Road
Eagan, MN 55121
Al Baker
Al Baker's Restaurant
3434 Washington Drive
Eagan, MN 55122
Mark Bonstrom
Mark's Towing Inc.
3670 Kennebec Drive
Eagan, MN 55122
Bob Shiff
Blue Cross/Blue Shield
3535 Blue Cross Road
Eagan, MN 55122
Bob Meyers
Transport America
1769 Yankee Doodle Road
Eagan, MN 55122
Representative Tim Pawlenty
231 State Office Building
St. Paul, MN 55155
Dakota County Commissioner
Patrice Bataglia
1590 West Highway 55
Hastings, MN 55033
Dakota County Commissioner
James Mueller
1590 West Highway 55
Hastings, MN 55033
10-01700-010-30
Lawrence W. Wenzel
3600 Kennebec Drive
Eagan, MN 55122
10-47285-010-01
Wm. Donald Larson
8015 Hwy 101 E.
Shakopee, MN 55379
10-47285-010-00 10-01700-010-50 10-47285-020-00
Wm. Donald Larson i -7 q so $rttZ,, Clarence & BettyLou Adelmann Citi -Cargo & Storage Co. Inc.
1205_3Creek Drive v� �� 3645 Sibley Memorial Hwy 3575 Hwy 13
WerYz-ata, MN 55391— z z Eagan, MN 55122 Eagan, MN 55122
Attn: W.L. Sherman & Al Ofstehage
10-14550-010-01; 020-01; 030-01
10-18200-012-01
Mn Hosp. Serv. Association
3535 Blue Cross Road
Eagan, MN 55122
Attn: Mr. Earl Milbridge
10-16800-022-01
John F. Cedarberg III
1960 Seneca Road
Eagan, MN 55122
10-16800-030-02
Cuz Inc.
3665 Sibley Memorial Highway
Eagan, MN 55122
10-16800-052-02
Finishing Equipment Inc.
3640 Kennebec Drive
Eagan, MN 55122
10-16800-063-02
RKC Properties
c/o Cosette
5431 Lyndale Avenue South
Minneapolis, MN 55419-1717
10-16800-020-01;023-01
Churchill Winston Ltd Ptn
Suite 107
701 Decatur Avenue North
Golden Valley, MN 55427-4340
10-16800-010-02
JPK Park Co.
3902 Cedarvale Drive
Eagan, MN 55122
10-16800-041-02; 042-02
Shawnee Association
201 Travelers Trail
Burnsville, MN 55337
10-16800-053-02
George Fredrickson
6505 Willow Wood Road
Edina, MN 55436
10-16800-064-02
RKC Properties
12550 Beach Circle
Eden Prairie, MN 55344
10-16800-021-01
Dover Partners
8801 Wood Cliff Road
Bloomington, MN 55438
10-16800-020-02
Secure Mini Storage Ltd Ptn
1660 Hwy 100 S.
Minneapolis, MN 55416
10-16800-051-02
Richard W. Trabant
1950 Shawnee Road
St. Paul, MN 55120
10-16800-062-02
Rodney Hendrickson
2870 Highridge Terrace
St. Paul, MN 55121
10-16800-070-02
Raymond D. Newkirk
19015 11 th Avenue North
Plymouth, MN 55447-2510
10-16800-011-03;012-03;013-03
Herriges-Egan Ptnshp
3695 Kennebec Drive
Eagan, MN 55122-1002
10-39901-010-01 ( r
RRAM General P�ership , ^
0
701 Decator Av nue North a,y1
Golden Vall , MN 55427 .; r
10-16800-020-03
10-90040-010-00
Northern States Power Co.
414 Nicollet Mall
Minneapolis, MN 55401-1993
10-67150-010-01
10-90040-012-00; 014-00;200-00
Metro Waste Control Comm
230 5th Street E.
St. Paul, MN 55101
Attn: Helen Boyer
5(P
10-16800-023-03; 024-03
Ronald Have
8801 Wood Cliff Road
Minneapolis, MN 55438
10-90040-019-00
Metropolitan Council
Administrative & Fin Services
230 5th Street E.
St. Paul, MN 55101
RECEIVED JUN 12
1997
01CONSULTING GROUP, INC.
Transportation ■ Civil •Structural ■ Environmental • Planning ■ Traffic ■ Landscape Architecture ■ Parking
SRF No. 0972671
MEMORANDUM
TO: Tom Colbert
City of Eagan
FROM: Jim Dvorak
DATE: June 12, 1997
SUBJECT: TH 13 AND BLACKHAwK ROAD
EAGAN PROJECT NO. 709R
MEETING MINUTES
An information meeting was held at the Eagan Municipal Center Community Room on
June 4, 1997 regarding the subject project. The following individuals were in attendance:
Name
Larry Paton
Otis Trujillo
Sue Mulvihill
M.C. Gresser
Sandy Masin
Jim Mueller
Bill Moeller
Mukhtar Thakur
Vicki Barron
Mr. & Mrs. Clarence Adelmann
Tom Walsh
Tom Hedges
Tom Colbert
Jim Dvorak
BCBSM
LaFonda Lounge
Mn/DOT
Gresser Concrete/Masonry
City of Eagan Council Member
Dakota County Commissioner
Metro Council
Mn/DOT Metro Division
Mn/DOT Construction
Eagan Chamber
City of Eagan
City of Eagan
SRF Consulting Group, Inc.
Address
3535 Blue Cross Road
3665 Highway 13
Oakdale
Eagan
3565 Kennebec Drive
Waters Edge
3645 Highway 13
A brief introduction was given by Tom Colbert. In the introduction, the history of the project,
the long-range plan, proposed Mn/DOT maintenance project (mill and overlay), funding, project
cost as presently proposed ($1.2 million), corridor study (existing deficiencies), Mn/DOT
Transportation System Plan (TH 13 is not in the future system), traffic volumes (20,000 VPD
south of Yankee Doodle Road, 10,000 VPD to the north), and schedule were presented. At the
present time there are no special assessments planned, but the financing shortfall of $700,000±
will have to be addressed by the Council at a later date. On June 17 they will be considering the
design only. Following the introduction, the meeting was opened to public comment.
One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443
Telephone (612) 475-0010 ■ Fax (612) 475-2429
W An Equal Opportuni
Tom Colbert - 2 - June 12, 1997
The following summarizes the comments and responses received from individuals:
■ Tom Walsh: Please explain what a "super two" roadway is.
Tom Colbert responded by saying that the super two highway concept incorporates left- and
right -turn lanes and a center median with a two-lane highway. This "super two" design
provides greater capacity and safety than a standard two-lane highway.
* M.C. Gresser: Building a two-lane highway is a complete waste of money. There is plenty
of money available if the government would stop wasting it. A four -lane highway should be
built today. He will do whatever he can to stop this two-lane project.
Representatives from Mn/DOT explained that there are many roadways needing
improvements and only a limited amount of funds available.
Tom Walsh: What can be done to create a higher priority in Mn/DOT to move the four -lane
improvement up in schedule?
Mn/DOT representatives responded by stating that TH 13 was not in this long-term system
and it would be difficult to justify a large expenditure on the highway.
• M.C. Gresser: If we push hard enough, a four -lane highway will become a reality.
• Mukhtar Thakur: Mn/DOT funding for a four -lane improvement on this highway is very far
out. There are many other needs in the metro area, both on freeways and major arterial
roadways.
After the general discussion, the group looked at the layouts and the following summarizes
comments received:
Bill Moeller had questions on schedule and project elements. The response was that
construction is proposed for 1998 and that there would be a traffic signal at Blackhawk Road
and TH 13.
• Otis Trujillo of LaFonda was very opposed to placing the median across the intersection of
Shawnee Road. He indicated that the reduction of access would have a detrimental impact on
his business and he will have to cancel his plans for a 6,000 -square foot business expansion.
He was hoping a signal would be placed at the Shawnee intersection instead of a median.
• Mrs. Clarence Adelmann also expressed opposition to the restricted access at Shawnee and
felt that this was an effort of the City to close their business. She also supported LaFonda's
concerns.
JRD/smf
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
A. REZONING — CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve or deny a Rezoning of approximately 80 acres from Limited Industrial (I-1)
to Business Park (BP) for property located east of Lexington Avenue and north of
Yankee Doodle Road (Eagandale Corporate Center).
FACTS:
At their regular meeting on June 3, 1997, the Council continued action on this item
until the June 17, 1997 regular meeting.
• The Eagandale Corporate Center preliminary subdivision received approval in May
1995. Due to delays in bringing the final subdivision application forward, an
extension of the preliminary subdivision approval was requested. In view of concerns
raised regarding the appropriateness of industrial development along Yankee Doodle
Road and Lexington Avenue in light of the Eagan Promenade development, and the
area generally becoming more of a commercial corridor, the City Council in June of
1996 approved an extension of the preliminary subdivision for the northerly 120 acres
of the 200 -acre site..;
• The preliminary subdivision approval for the southerly 80 acres expired at this time.
The northerly 120 acres ultimately received final subdivision approval in October
1996.
Discussion about the suitability of the industrial development on the southern 80
acres raised two concerns: (1) the impact of industrial truck traffic generated by the
subject site using Yankee Doodle Road as a truck route to and from Interstate 35E,
and (2) the aesthetic impact of outdoor storage and trucking -related uses along the
Yankee Doodle Road corridor.
• At the regular meeting of April 15, 1997, the City Council directed staff to initiate a
rezoning of the southerly 80 acres from Industrial to Business Park and this item went
before the Advisory Planning Commission at their regular meeting on May 27, 1997.
• The Advisory Planning Commission recommended approval of rezoning of the
perimeter lots proposed as Eagandale Corporate Center #2 primarily because they
believe the reference to the site in the trucking study dealt with the compatibility of
industrial development as it related to corridor and not to the interior parcels.
S`1
Agenda Information Memo
June 17,1997 Eagan City Council Meeting
IW38)A
The attorney representing the property owner has stated that, due to pr(
obstacles, it does not make sense for the property owner to have the entire i
rezoned. They are in favor of rezoning the perimeter seven lots to Busine
meanwhile maintaining the Industrial zoning on the interior lots that relat(
existing industrially zoned parcels in Eagandale Corporate Center #1.
ATTACHMENTS (2):
May 27, 1997 Advisory larAning Co 'ssi n Minutes on pages
Staff Report on pages � throughP
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Gf through
Page 29
May 27, 1997
ADVISORY PLANNING COMMISSION
REZONING - CITY OF EAGAN
Commission Chair Heyl opened the next public hearing of the evening regarding a
Rezoning of the southerly approximately 80 acres of the proposed Eagandale Corporate
Center No. 2 subdivision from Limited Industrial (I-1) to Business Park (BP). The site is
located east of Lexington Avenue and north of Yankee Doodle Road in the SWV4 of
Section 11.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staffs planning report dated May 14, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property. Mr. Ridley also noted that the owner of the property was not in favor of a
rezoning of the entire 80 acres.
Attorney Jack Hoeschler, a representative for the owner, stated a number of
technical concerns with the rezoning of the entire 80 acres. Included in these concerns
was the cumbersome process of moving lot lines. Lot lines may need to be shifted when a
buyer comes and once the zoning is changed they will have to request a whole rezoning
just to move the lines. Another area seen as a problem by the owner would be the partial
rezoning of Lot 7 with this proposal. Mr. Hoeschler stated that the owner was an
advocate for rezoning the perimeter lots but not with the proposal to rezone Block 2, Lots
5 and 6.
Member Miller inquired as to the purpose for the interior lots being included in
this proposal. Mr. Ridley stated that in reference to the trucking study, it was decided that
these 80 acres needed further review and would be carried to the APC to make
considerations.
Member Burdorf suggested that in reference to the trucking study, it would be
compatible to rezone only the corridor and leave the interior lots unless staff
recommended otherwise. Mr. Ridley stated the staff had no concern with this proposal.
While Council will be reviewing the proposal for the entire 80 acres, Member
Miller moved, Member Segal seconded, a motion to recommend approval of a Rezoning
of the seven perimeter lots of the proposed Eagandale Corporate Center No. 2 subdivision
from Limited Industrial (I-1) to Business Park (BP). The site is located east of Lexington
Avenue and north of Yankee Doodle Road in the SW'/4 of Section 11.
Page 30
May 27, 1997
ADVISORY PLANNING COMMISSION
In further discussion, Commission Chair Heyl noted that it did not make sense to
rezone the interior at this time due to the technical problems with the rezoning. Member
Segal noted that the perimeter lots would be more compatible with the way adjacent areas
have been developed and the way they would like to see this area developed if they were
zoned BP.
All voted in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 14, 1997
APPLICANT: City of Eagan
PROPERTY OWNER: Maplewood Acres
REQUEST: Rezoning
CASE: 11-RZ-134-97
HEARING DATE: May 27 22; 1997
PREPARED BY: Mike Ridley
LOCATION: Northeast corner of Lexington Avenue & Yankee Doodle Road
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Limited Industrial (L -I)
SUMMARY OF RE UEST
The City of Eagan is initiating a Rezoning of the southerly approximately 80 acres of the
preliminarily approved Eagandale Corporate Center No. 2 subdivision from Limited Industrial (I-
1) to Business Park (BP). The site is located east of Lexington Avenue and north of Yankee
Doodle Road in the SW 1/4 of Section 11.
BACKGROUND/HISTORY
The Eagandale Corporate Center No.2 subdivision will complete the subdivision of 200 acres
previously owned by Northwestern Mutual Life (NMI.,) that had received preliminary subdivision
approval in May 1995. Subsequent to receiving preliminary subdivision approval for the 200 -acre
site, NML sold the property to Dart Transit (dba Maplewood Acres).
Due to delays in bringing the Final Subdivision application forward, Dart requested an extension
of the preliminary subdivision approval. In reviewing the extension request, concerns were raised
regarding the appropriateness of industrial development along Yankee Doodle and Lexington
particularly in light of the Promenade development and the area generally becoming more of a
commercial corridor. In response to these concerns the City Council approved a one-year
preliminary subdivision extension for the northerly 120 acres of the 200 -acre site in June 1996.
The preliminary subdivision approval for the southerly 80 acres expired at this time. The
northerly 120 acres ultimately received final subdivision approval in October 1996.
Discussion about the suitability of industrial development on the south 80 acres raised two distinct
concerns: 1) The impact of industrial truck traffic generated by the subject site using Yankee
6,3
Planning Report - Eagandale Corporate Center No. 2 Rezoning
May 27, 1997
Page 2
Doodle Road as a truck route to and from I -35E; and 2) The aesthetic impact of outdoor storage
and trucking related uses along the Yankee Doodle Road corridor.
At the time of the subdivision request, the applicant indicated that they will not request a rezoning
of the property from Industrial to Business Park; however, they would not oppose a City initiated
rezoning to Business Park for the seven perimeter lots proposed with the second addition.
At their regular meeting of April 15, 1997 the City Council decided to initiate a Rezoning of the
southerly 80 acres from Industrial, I-1 to Business Park, BP and directed staff schedule the public
hearing before the Advisory Planning Commission at their regular meeting on May 27, 1997
This portion of the site was also identified in the Trucking Study as an industrial property where
trucking uses were deemed marginal and should be examined further to determine the appropriate
land uses.
EXISTING CONDMONS
Grading, utility, and street work on the northerly 120 acres of the site began in the fall of last
year. A portion of the subject site has been graded. The majority of the site remains vacant
farmland that contains various massings of trees, particularly around the various wetlands and the
perimeter of the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Eagandale Corporate Center; zoned and guided Industrial.
South - Carriage Hill apartments/golf course; zoned R-4/PF; designated D-IV/PF and Allina
Health Systems; zoned LB and designated Central Area.
East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial.
West - Eagan Promenade 2'd Addition (apartments); zoned PD; guided Central Area (CA)
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The site is adjacent to the Eagan Promenade retail and
residential development and other residential land use. The City has placed a high priority on
preserving the Yankee Doodle corridor because of capacity issues and due to its link to retail,
corporate, and residential land uses on either side of the road. The corridor is very sensitive to
the impacts and congestion that increased truck traffic would create.
Although there is no specific development proposal associated with this subdivision request,
future development within this subdivision can be compatible with existing and future
development in the surrounding area if industrial truck traffic is routed away from the Yankee
(o�
Planning Report - Eagandale Corporate Center No. 2 Rezoning
May 27, 1997
Page 3
Doodle corridor towards Lone Oak/1-35E, Th 149, and TH 55 corridors and outdoor storage is
prohibited or restricted so as not to be visible from either Yankee Doodle Road or Lexington
Avenue.
Business Park — The Business Park (BP) Zoning District is intended to accommodate
development of low intensity office, light industrial and supporting commercial service uses (as
accessory or conditional use) that may be suitable in relative close proximity to non -industrial
development. More intensive industrial uses which require outdoor storage and high truck traffic
are excluded
SUMMARY/CONCLUSION
It appears that the Business Park Zoning District would provide development within this
subdivision that would be more compatible with the existing and future development in the
surrounding area as well as along the Yankee Doodle corridor. Keys to compatibility include
limiting heavy industrial truck traffic and routing it away from the Yankee Doodle corridor and
prohibiting outdoor storage as an allowed use for land adjacent to the corridor or at a minimum
restricting outdoor storage and loading to not be visible from either Yankee Doodle Road or
Lexington Avenue.
As part of the subdivision, the developer is proposing perimeter landscaping that combined with
individual lot landscaping could provide an attractive and functional screen.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Rezoning of approximately 80 acres from Limited
Industrial (I-1) to Business Park (BP) for property located east of Lexington Avenue and north of
Yankee Doodle Road (Eagandale Corporate Center).
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1-1 Limited Industrial
Eagandale Corporate Center No. 2
Case No. 11-RZ-13-0497
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Current Zoning
1-1 Limited Industrial
Eagandale Corporate Center No. 2
Case No. 11-RZ-13-0497
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Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
B. PRELIMINARY SUBDIVISION AND VARIANCE - MAPLEWOOD ACRES
ACTION TO BE CONSIDERED:
To approve or deny a Preliminary Subdivision consisting of 12 lots on approximately
110 acres located north of Yankee Doodle Road and east of Lexington Avenue in the SW
'/4 of Section 11 subject to conditions listed in the April 22, 1997 Advisory Planning
Commission minutes.
To approve or deny a Variance to the 100 -foot buffer setback requirement to allow
building setback of 50 feet and parking/drive aisle setback of 30 feet from the county
roads.
FACTS:
■ At their regular meeting on June 3, 1997, the Council continued action on this item
until the June 17, 1997 regular meeting.
+ Approximately 80 acres of the proposed subdivision is property that is previously
unplatted. The remaining 30 acres is made up of property previously platted as
Eagandale Corporate Center No. 1 that was either in outlot form or is being
reconfigured under the second addition.
• A public hearing was held by the Advisory Planning Commission at its regular
meeting on April 22, 1997. The APC recommends approval of both the Preliminary
Subdivision and the Variance request subject to conditions listed in the APC minutes.
ISSUES:
As an industrially zoned piece of property, staff was concerned that direct access to
Yankee Doodle Road would allow and encourage potential industrial truck traffic
onto Yankee Doodle Road which acts as the primary east/west connection through the
City's central area. Due to findings of the trucking study and because of the priority
the City has set on this corridor, staff included a condition of approval that required
that if any portion of the development incorporates land uses that do not restrict
industrial truck traffic, the access for Challenger Drive to Yankee Doodle Road
should be eliminated. The applicant's representative opposed that condition and after
a discussion amongst the planning commissioners, the condition was recommended to
be removed.
Agenda Information Memo
June 17,1997 Eagan City Council Meeting
Staff still believes there are legitimate reasons for regulating access of heavy truck
traffic to Yankee Doodle Road, if possible, and is looking for council direction in that
regard. Public Works Director Tom Colbert has provided a memorandum to the
Mayor and City Council regarding this issue.
* The Variance to the 100 -foot buffer setback requirement along Yankee Doodle Road
and Lexington Avenue was discussed by the Advisory Planning Commission and it
was determined that the aggressive landscaping buffer proposed by the developer
would go further in providing a visual screen when compared to a 100 -foot green
space requirement. The APC relied on information gathered and reviewed as part of
the Trucking Study in making the recommendation on the 50 -foot building setback
and 30 -foot parking/drive aisle setback request by the developer.
ATTACHMENTS (3):
April 22, 1997 Advisory PlapDing Commission minutes on pages through 74/
Staff Report on pages '0? 1 through
Memo from the Director of Public Works on page through
7 o
Page 26
April 22, 1997
ADVISORY PLANNING CONMSSION
PRELIMINARY SUBDIVISION & VARIANCE
EAGANDALE CORPORATE CENTER NO.2
MAPLEWOOD, ACRES, INC.
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (Eagandale Corporate Center No. 2) including a Variance to cul-
de-sac length consisting of 12 lots on a 112 acres and a Variance to the 100 -foot buffer
setback requirement located north of Yankee Doodle Road and east of Lexington Avenue
in the SWI/4 of Section 11.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in City staff s planning report dated April 8, 1997. Mr. Ridley noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
Commission Chair Heyl inquired as to how the potential rezoning will effect the
proposal in front of them tonight. Mr. Ridley stated that the proposal meets all standards
for either zoning district outside of the road.
Jack Hoeschler, a representative of the applicant, stated that he wants to keep the
interior lots zoned similarly to link the north and the south. The owner intends to keep the
industrial zone on the inside but does not object to a business park on the outside. He also
noted that they are currently transplanting trees from the interior to create a buffer along
Yankee Doodle Road to break up the facade. He noted his opposition to the idea of
closing off Challenger as an access. He stated that to avoid traffic congestion you need to
have multiple access streets.
Commission Chair Heyl opened the hearing to the public.
A resident of 3425 Golf View Drive, located across the street from the proposed
development, asked that the issued be tabled for two reasons; (1) the 226 condominium
owners did not receive notice of the hearing and therefore were not prepared; and (2) the
City should stick to the 100 -foot setback requirement due to the fact that Yankee Doodle
Road will not be an adequate buffer nor the explained landscaping.
Commission Chair Heyl closed the hearing to the public.
Commission Chair Heyl asked the staff to address the notice problem. Mr. Ridley
stated that a notice was sent to the condo association and was returned through the mail
due to an incorrect name and address. Member Carlson inquired as to why all residents of
the condominium were not notified, as they were all individually owned. City Attorney
Page 27
April 22, 1997
ADVISORY PLANNING COMNUSSION
Dougherty stated that the association owns the outlots which is the land adjacent to the
road.
Condominium resident, Millie Janacek, expressed her side of the notification
process. She stated that she called the City planning office on Friday morning to get
information for the upcoming association meeting and she was told about this hearing and
in turn asked for the name and the address that the notice had been sent to. She stated that
this name and address was incorrect and was told that it had not been returned. She then
called to have the information faxed to the manager who in turn posted it on the
condominium's bulletin board. Member Miller inquired as to whether there could be a
meeting with the condominium association before this proposal goes to Council. Ms.
Janacek stated that the annual meeting for the condominium association is one week from
Wednesday the 23rd.
Commission Chair Heyl stated that the Challenger Drive cul-de-sac seems too
long. Dart has tried to keep direct access toy and from the freeway and therefore the
through road would be better for the ingress and egress overall.
Member Miller moved, adding a condition stating that a representative of the
development be required to meet with the condominium association on Wednesday, April
30, 1997, or some other time before the Council meeting. Member Frank noted that
Condition No. 6 be deleted. Member Frank seconded, a motion to recommend approval
of a Preliminary Subdivision (Eagandale Corporate Center No. 2) consisting of 112 acres
and 12 lots located north of Yankee Doodle Road and east of Lexington Avenue in the
SWI/4 of Section 11, subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 3, 1993:
A 1, B 1, B2, B3, B4, C 1, C2, C3, C4, D 1, E 1, F 1, G 1, H 1.
2. The property shall be platted.
3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be
restricted to 5 cubic feet per second(cfs).
4. The developer shall be responsible for the removal of all wells and septic systems in
accordance with County and City standards.
5. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City Erosion/Sediment Control standards
Page 28
April 22, 1997
ADVISORY PLANNING COIvMSSION
6. Tree preservation mitigation shall be met through the implementation of perimeter
plantings (staff will work with the applicant to determine final tree mitigation
amounts) along Yankee Doodle Road and around pond areas in accordance with the
proposed phasing as described below:
Phase I: Tree spading transplanting of material from within proposed
grading areas of the site to areas outside of future grade limits (April/May 1997)
Phase II: Additional tree spade transplanting of material from within
the site plus purchased landscape material installation (October 1997)
Phase HE The installation of purchased trees and shrubs (April/May 1998)
7. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved.
8. The applicant shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
9. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must
provide a minimum of 2 AF of additional wet volume in total to achieve acceptable
treatment of storm water. The minimum mean depth of Pond EP -2.6 must be 3 feet.
The increase in wet volume in the existing wetland must be accomplished by
excavation in the northern two-thirds of the wetland.
10. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must
provide a minimum of 3 AF of additional wet volume in total to achieve acceptable
treatment of storm water.. The minimum mean depth of Pond EP -2.7 must be 3 feet.
The increase in wet volume in the existing wetland must be accomplished by
excavation in the southeastern two-thirds of the wetland.
11. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7.
12. The developer is required to notify and secure approval from the Corps of Engineers
regarding the Nationwide 26 wetland permit, since the original application for the site
did not include proposals for wetland excavation.
13. No grading should be allowed within 30 feet of the delineated edge of the wetland
associated with Pond DP -11, except for 450 lineal feet along the south end of the
7 3
Page 29
April 22, 1997
ADVISORY PLANNING COMMSSION
basin to allow for road and detention basin/replacement wetland construction. A 30 -
foot wide undisturbed buffer shall also be preserved around the wetlands associated
with Ponds EP -2.4 and EP -2.5. buffers shall be marked on all grading plans.
14. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy
requirements for wetland mitigation as per the approved wetland replacement plan for
this site.
All voted in favor.
Member Miller moved, Member Frank seconded, a motion to recommend approval
of a setback Variance to allow building setbacks of 50 feet and parking/drive aisle
setbacks of 30 feet from county roads.
All voted in favor.
REPORT DATE: April 8, 1997
APPLICANT: Maplewood Acres
PROPERTY OWNER: Same
PLANNING REPORT
CITY OF EAGAN
CASE: 11 -PP -9-3-97
HEARING DATE: April 22, 1997
PREPARED BY: Mike Ridley
REQUEST: Preliminary Subdivision (Eagandale Corporate Center No. 2), Variance
LOCATION: Northeast corner of Lexington & Yankee Doodle
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Limited Industrial (L -I)
SUMMARY OF REQUEST
Maplewood Acres (Dart Transit) is requesting approval of a Preliminary Subdivision, including
a Variance to cul-de-sac length, consisting of twelve lots on approximately 112 acres and a
Variance to the 100 foot buffer setback requirement located east of Lexington Avenue and north
of Yankee Doodle Road in the SW 1/4 of Section 11.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and
the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
�s
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 2
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause health
problems.
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within
the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar
Access).
I That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Bun Club Lake
Watershed Management Organization" which document is properly approved and filed
with the office of the City Clerk hereinafter referred to as the "Water Quality Management
Plan". Said document and all of the notations, references and other information contained
therein shall have the same force and effect as if fully set down herein and is hereby made
a part of this Chapter by reference and incorporated herein as fully as if set forth herein at
length. It shall be the responsibility of the City Clerk to maintain the Water Quality
Management Plan and make the same available to the public."
BACKGROUND/HISTORY
The proposed subdivision will complete the subdivision of 200 acres previously owned by
Northwestern Mutual Life (NML) that had received preliminary subdivision approval in May
1995. Subsequent to receiving preliminary subdivision approval for the 200 acre site, NML sold
the property to Dart Transit (dba Maplewood Acres).
Due to delays in bringing the Final Subdivision application forward, Dart requested an extension
of the preliminary- subdivision approval. In reviewing the extension request, concerns were raised
regarding the appropriateness of industrial development along Yankee Doodle and Lexington
particularly in light of the Promenade development and the area generally becoming more of a
commercial corridor. In response to these concerns the City Council approved a one year
preliminary subdivision extension for the northerly 120 acres of the 200 acre site in June 1996.
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 3 _
The preliminary subdivision approval for the southerly 80 acres expired at this time. The
northerly 120 acres ultimately received final subdivision approval in October 1996.
Discussion about the suitability of industrial development on the south 80 acres raised two distinct
concerns: 1) The impact of industrial truck traffic generated by the subject site using Yankee
Doodle Road as a truck route to and from I -35E; and 2) The aesthetic impact of outdoor storage
and trucking related uses along the Yankee Doodle Road corridor.
The applicant has indicated that they will not request a rezoning of the property from Industrial to
Business Park; however, they would not oppose a City initiated rezoning to Business Park for the
seven perimeter lots proposed with this subdivision.
At their regular meeting of April 15, 1997 the City Council decided to initiate a Rezoning of the
southerly 80 acres from Industrial, I-1 to Business Park, BP and directed staff schedule the public
hearing before the Advisory Planning Commission at their regular meeting on May 27, 1997
EXISTING CONDITIONS
Grading, utility, and street work on the northerly 120 acres of the site began in the fall of last
year. A portion of the subject site has been graded. The majority of the site remains vacant farm
land that contains various massings of trees, particularly around the various wetlands and the
perimeter of the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Eagandale Corporate Center; zoned and guided Industrial.
South - Carriage IM apartments/golf course; zoned R-4/PF; designated D-IV/PF.
East - Eagandale Center Industrial Park No. 5; zoned and guided Industrial.
West - Eagan Promenade 2°d Addition (apartments); zoned PD; guided Central Area (CA)
EVALUATION OF RE UEST
Preliminary Subdivision
_Cgmpatibilty with Surrounding Area - The City has placed a high priority on the Yankee Doodle
corridor because of capacity issues and due to its link to retail, corporate, and residential land uses
on either side of the road. Although there is no specific development proposal associated with
this subdivision request, future development within this subdivision can be compatible with
existing and future development in the surrounding area if industrial truck traffic is routed away
from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not to be
visible from either county road
600� '00?
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Paae 4
Lots - All proposed lots exceed the I-1 standards for lot area and width. The lots range in size
from 2.5 to 19.6 acres
Landscaping, - In addition to an internal road tree planting plan the applicant is also proposing a
perimeter planting plan that will be composed largely of transplanted trees and will provide a
natural look. The exact size and species will depend on what can be moved from the interior of
the site. The perimeter will have low bushes and shrubs on the exterior. These will be backed by
medium height trees and bushes in the middle, with tall trees on the inside of the perimeter
planting strip.
The perimeter planting plan and individual site landscaping (reviewed and approved with the
buildingpermit) should meet the City Code standard that requires parking areas to be screened
with materials that will provide 75% opacity at maturity.
Gradin etlands - The preliminary grading plan is acceptable. The developer is proposing to
grade the street right-of-way and Lots 1-7, Block 2 with this development with Lots 1-3, Block 1
to be custom -graded at time of building permit. The grading plan shows the maximum cut as 28
feet and the maximum fill as 18 feet. The developer should be responsible for installing and
maintaining erosion control measures in accordance with the City Erosion/Sediment Control
standards.
The southeastern portion of the site will generate runoff that will discharge directly to Pond EP -2,
an indirect contact recreation water body in the proposed North Park. The south western region
of the site lies within the LeMay Lake watershed. There are no changes in the storm water
management configuration for that portion of the site within the LeMay Lake watershed
Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable with some
modifications. The storm drainage plan shows the utilization and modification of wetlands on the
site for water quality and flood volume control purposes.
Approximately two-thirds of the development drains to the west toward LeMay Lake while the
remainder drains to the east to Pond EP -2 within "North Park" on the Borchert Ingersoll site.
Due to the limited capacity of the existing storm sewer outlet within the Yankee Doodle right-of-
way, storm drainage runoff from Pond EP -2.3 in the southeast corner of the site should be
restricted to 5 cubic feet per second (cfs). The developer should be responsible for the removal of
all wells and septic systems in accordance with County and City standards.
The developer has requested that two pre-treatment basins approved in 1995 in the southeastern
portion of the site be dropped or reduced in size. Because this part of the development discharges
directly to Pond EP -2, it is important to fully treat the runoff to prevent further degradation of
this water body. The ponding configuration originally approved met this standard. A re-
evaluation of the need for the two upland detention areas indicates the same standard could be
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 5
achieved by reducing the area and volume of the detention basins and excavating portions of the
small (less than 1 acre) wetlands into which they discharge.
Staff and the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) do not
recommend elimination of the detention basins because of the desire to provide some level of
water quality protection to the wetlands themselves and the fact that a detention basin/wetland
system in series is more effective than a single basin for treating storm water
Utilities - The preliminary utility plan is acceptable. Sanitary sewer is available at Yankee Doodle
Road and Golfview Drive to serve this subdivision. Water main stubs are available along Yankee
Doodle Road. Sanitary sewer and water main will be extended throughout the site to serve each
lot
Access/Street Desi - Public street access will be provided via Challenger Drive, an internal
north -south collector street from Neil Armstrong Boulevard to Yankee Doodle Road (Dakota
County Road 28) and also from Challenger Circle, a 1,000 -foot long cul-de-sac extending east
from Challenger Drive. The 1,000 -foot length of the Challenger Circle cul-de-sac requires a 500 -
foot variance to the City Code maximum of 500 feet. Yankee Doodle Road was reconstructed in
1995 and accommodates the Challenger Drive intersection with left and right turn lanes on
Yankee Doodle Road. Challenger Drive directly aligns with Golfview Drive across Yankee
Doodle Road.
If any portion of this development incorporates land uses that do not restrict business operations
that attract, promote or generate primarily industrial heavy truck traffic, the access for Challenger
Drive to Yankee Doodle Road should be eliminated. All internal development traffic would then
be directed towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone Oak
Road interchange with I -35E, TH-55 and TH-149.
The Yankee Doodle Road corridor, with its retail, corporate and residential emphasis and limited
available capacity, is very sensitive to the impacts and congestion that increased truck traffic
would create. The City has placed a high priority in preserving this corridor.
_Eagments/Rig'hts of Way/ Permits - All work within Dakota County right-of-way will require a
permit from Dakota County.
Dakota County will require that restricted access along the entire length of the plat adjacent to
Yankee Doodle Road (County Road 28) and Lexington Avenue (County Road 43) be dedicated
on the final plat, except in the area of the street access for Challenger Drive, if the connection is
approved
Tree Preservation - The Tree Preservation Plan is acceptable. To simplify review of tree
preservation issues the site will be viewed in its entirety, Eagandale Corporate Center I" and 2d
Additions (200 acres). The site contained 1,142 significant trees and the total estimated to be
removed during Phase I & II site preparation and development is 580 which is a removal
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 6
percentage of 50.3%. The allowable removal for this type of development is 47.5% (548 trees);
therefore, the mitigation for the removal in excess of allowable limits calculates to approximately
64 category B trees.
The tree mitigation will be accomplished via the proposed perimeter planting (as discussed earlier
in this report) that will incorporate transplanting from within the site and purchased trees and
shrubs.
Parks and Recreation - The APRNRC is recommending a cash park and trail dedication.
Variances
Setbacks - The typical setback from property lines adjacent to county roads is 50% however, the
City Code requires a landscaped yard with a minimum depth of 100' whenever an I-1 or BP
District abuts or is across the street from a "R", "A", or "P" District. The original Eagandale
Corporate Center preliminary subdivision was approved with a 50' setback variance in 1995;
however, the preliminary subdivision approval for the southern 80 acres expired in 1996.
The applicant believes the 100' buffer setback requirement is excessive because the streets
separating the two land uses are improved county roads with rights-of-way of at least 100'.
Additionally, the applicant is proposing an aggressive planting plan for the perimeter of the site.
Therefore, the applicant is requesting a variance to allow a minimum building setback of 50' from
county roads and a minimum parking and drive aisle setback of 30' from county roads.
Staff notes that buffering outdoor storage and loading operations from non -compatible land uses
is the primary goal of the buffering requirement. The proposed perimeter landscaping combined
with individual lot landscaping should provide an attractive and functional screen from the county
roads.
Cul-de-sac - The Challenger Circle cul-de-sac is proposed to be approximately 1000 feet long.
The applicant believes that this variance request is one of necessity because there is no other
reasonable way to access the lots proposed in the southeastern portion of the subdivision due to
access restrictions imposed by Dakota County and the fact that access serving Stock Lumber at
the east edge of the site is not a public access.
SUMMARY/CONCLUSION
There is no specific development proposal associated with this subdivision request; however,
future development within this subdivision can be compatible with existing and future
development in the surrounding area if industrial truck traffic generated by this property is routed
away from the Yankee Doodle corridor and outdoor storage is prohibited or restricted so as not
to be visible from either county road.
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 7
The buffering setback variance request is important from an impact standpoint of outdoor storage
and loading operations as they relate to the county roads and non -compatible land uses. The
proposed perimeter landscaping combined with individual lot landscaping will not provide spatial
buffering but should provide an attractive and functional screen.
ACTION TO BE CONSIDERED
To recommend approval or denial of a Preliminary Subdivision consisting of twelve lots on
approximately 112 acres and a Variance to allow a cul-de-sac in excess of 500 feet located east of
Lexington Avenue and north of Yankee Doodle Road.
and
To recommend approval or denial of setback Variances to allow building setbacks of 50 feet and
parking/drive aisle setbacks of 30 feet from county roads.
Standard Conditions
1. The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 3, 1993:
Al, B1,'B2, B3, B4, Cl, C2, C3, C4, D1, E1, Fl, GI, H1.
2. The property shall be platted.
3. Storm drainage runoff from Pond EP -2.3 in the southeast corner of the site shall be restricted
to 5 cubic feet per second(cfs).
4. The developer shall be responsible for the removal of all wells and septic systems in
accordance with County and City standards.
5. The developer shall be responsible for installing and maintaining erosion control measures in
accordance with the City Erosion/Sediment Control standards
6. If any portion of this development incorporates land uses that do not restrict business
operations that attract, promote or generate primarily industrial heavy truck traffic, the access
for Challenger Drive to Yankee Doodle Road should be eliminated
7. Tree preservation mitigation shall be met through the implementation of perimeter plantings
(staff will work with the applicant to determine final tree mitigation amounts) along Yankee
Doodle Road and around pond areas in accordance with the proposed phasing as described
below:
Phase I: Tree spading transplanting of material from within proposed
Planning Report - Eagandale Corporate Center No. 2
April 22, 1997
Page 8
grading areas of the site to areas outside of future grade limits (April/May 1997)
Phase II: Additional tree spade transplanting of material from within
the site plus purchased landscape material installation (October 1997)
Phase III: The installation of purchased trees and shrubs (April/May 1998)
8. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be installed at
the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved.
9. The applicant shall contact the City Forestry Division at least five days prior to the issuance of
the grading permit to ensure compliance with the approved Tree Preservation Plan.
10. Pond EP -2.6 (constructed detention basin) and Pond EP -2.5 (existing wetland) must provide a
minimum of 2 AF of additional wet volume in total to achieve acceptable treatment of storm
water. The minimum mean depth of Pond EP -2.6 must be 3 feet. The increase in wet volume
in the existing wetland must be accomplished by excavation in the northern two-thirds. of the
wetland.
11. Pond EP -2.7 (constructed detention basin) and Pond EP -2.4 (existing wetland) must provide a
minimum of 3 AF of additional wet volume in total to achieve acceptable treatment of storm
water. The minimum mean depth of Pond EP -2.7 must be 3 feet. The increase in wet volume
in the existing wetland must be accomplished by excavation in the southeastern two-thirds of
the wetland.
12. Skimmers should be placed on the outlets of Ponds EP -2.6 and EP -2.7.
13. The developer is required to notify and secure approval from the Corps of Engineers
regarding the Nationwide 26 wetland permit, since the original application for the site did not
include proposals for wetland excavation.
14. No grading should be allowed within 30 feet of the delineated edge of the wetland associated
with Pond DP -11, except for 450 lineal feet along the south end of the basin to allow for road
and detention basin/replacement wetland construction. A 30 -foot wide undisturbed buffer
shall also be preserved around the wetlands associated with Ponds EP -2.4 and EP -2.5.
buffers shall be marked on all grading plans.
15. Construction of Ponds DP -11.3 and DP -11.2 should be constructed to satisfy requirements
for wetland mitigation as per the approved wetland replacement plan for this site.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
I. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Ri hts-of-Wa
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
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 plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and S ecifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
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 ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25 1987
LTS*5
STANDARD.CON
City Council
September „15, 1987 _
Revised:_. July 10, 1990
Revised: February 2, 1993
FINANCIAL OBLIGATION — Eagandale Corporate Center No. 2
There are pay-off balances of special assessments totaling $297,265 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are pending assessments on the parcels proposed for platting in the amount of
$1,810,232. These are related to Projects 694 and 688.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement
Use
Rate
Quantity
Amount
Lateral Benefit Water
C/I
$26.25/ff
2,419 ff
$ 63,498
Lateral Benefit Sanitary Sewer
C/I
$20.60/ff
2,569 ff
52,921
Storm Sewer Trunk
C/I
.121/sq ft
1,156,917 sq ft
139.986
Total
$256,405
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Eagandale Corporate Center No. 2
*cxYXEc?gon Case No. 11 -PP -9-3-97
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Current Zoning
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FROM:
DATE:
MEMO
ENGINEERING DIVISION
city of eagan
MAYOR & CITY COUNCIL
C/O THOMAS L HEDGES, CITY ADMINISTRATOR
TOM COLBERT, DIRECTOR OF PUBLIC WORKS
MAY 15, 1997
SUBJECT: EAGANDALE CORPORATE CENTER 2ND ADDITION
PRELIMINARY SUBDIVISION CONDITION FOR APPROVAL
ISSUE
The City Council has stated its intent to try and preserve and enhance the Yankee
Doodle Road corridor as a part of the City's central area development scheme. Part of
this goal is to reduce and/or minimize the heavy industrial truck traffic along this corridor
by redirecting it and confining it to the northern and northwestern boundaries of the
City.
The present zoning and land use of the proposed Eagandale Corporate Center 2"d
Addition is 1-1 Limited Industrial. This land use and zoning classification allows
development that is conducive to promoting and/or generating primarily heavy industrial
truck traffic. The proximity of this development with its proposed street connection to
Yankee Doodle Road is not conducive to the preservation of the Yankee Doodle Road
central area corridor.
In the Planning report, staff identified that the proposed Challenger Drive access to
Yankee Doodle Road should be eliminated. This would direct all internal development
traffic towards the Eagandale Center Industrial Park and the Lexington Avenue/Lone
Oak Road interchange with 135E,TH 55 and TH 149. The Yankee Doodle Road central
area corridor is very sensitive to the impacts and congestion that increased truck traffic
would create. The City has placed a high priority in preserving this corridor.
The Advisory Planning Commission will be considering an application to rezone a
portion of this property from 1-1 to Business Park (BP). However, the preliminary plat as
being presented is based on the current zoning which is 1-1.
q=2
The developer has stated his opposition to the proposed condition to eliminate the
Challenger Drive access to Yankee Doodle Road. He feels the connection is necessary
to avoid traffic congestion by providing multiple access points. Staff is concerned that
this access point might transfer any traffic congestion onto the public thoroughfare of
the central avenue corridor.
Commission members expressed concern over the length of the Challenger Drive cul-
de-sac if the Yankee Doodle Road connection is not allowed. While the length would
exceed the City's 500' standard, it is a variance that could be justified based on the
preservation benefits it will provide for the Yankee Doodle central area corridor. In
addition, it wouldn't be that much longer than the Aldrin Circle cul-de-sac proposed with
the original preliminary plat layout approved by Council action on May 15, 1995, (layout
sketch is attached).
The trucking study prepared by the Advisory Planning and Economic Development
Commissions dated April 29, 1997, has identified this development as an area where
trucking uses are marginal or undesirable for the reasons identified by Exhibit page G-3
and map #3 (attached).
ALTERNATIVES
If the Council is still interested in preserving the Yankee Doodle central avenue corridor
through land use and subdivision controls, the following options are available:
Continue consideration of the preliminary plat until the rezoning application
has been processed.
Reinstate staff Condition No. 6: "If any portion of this development
incorporates land uses that do not restrict business operations that attract,
promote or generate primarily heavy industrial truck traffic, the access for
Challenger Drive to Yankee Doodle Road should be eliminated and a
variance granted for the length of the resulting cul-de-sac.
Respectfully submitted,
A:� Fes- T,
rector of Public Works
Attachment: Layout Sketch
Exhibit page G-3
Map #3
cc: Mike Ridley, Senior Planner
John Gorder, Development/Design Engineer
Lisa Freese, Senior Planner
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DETAILED MAP #3 - CENTRAL AREA VICIl�TITY
OBSERVATIONS
• Visibility from major road corridors. Property on west side of Lexington visible from
I-35 E; property on east side of Lexington visible from Yankee Doodle Road (major
entry into Central Area)
• Proximity to Central Area - commercial and residential mix; image; aesthetics.
Proximity to residential on south side of Yankee Doodle.
• New development to north tending to be more commercial (e.g. Homestead Village
hotel, post office retail facility).
• Transportation patterns; potential conflicts with residential and commercial traffic
around Promenade.
• Properties within airport noise impact zone.
• Natural features (trees, wetlands) make property more difficult to develop with large
footprint buildings and large parking lots.
IDEAS & SUGGESTIONS
• Limit or prohibit "trucking" uses
• Allow or encourage a mix of light industrial (smaller scale) and commercial uses
• Develop additional screening/buffering standards to: improve aesthetics; buffer views
from freeway; carry through landscape "theme" established @ Promenade; enhance
Yankee Doodle streetscape
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Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
C. LOCAL TRANSIT TAX LEVY OPTION
ACTION TO BE CONSIDERED:
To approve or deny the local transit tax levy option for taxes payable in 1998.
FACTS:
• As a result of 1996 legislative action, opt -out transit providers are provided the authority to
levy directly up to 88% of the transit tax to be assessed to their communities.
• The levy is passed directly to the transit providers by the individual cities and is not
controlled by the Met Council.
• If the opt -out cities do not levy the full 88%, the Met Council will levy the difference and use
it for regional transit needs.
• The transit levy is part of the City's tax capacity rate for truth in taxation and tax statement
purposes.
• For taxes payable in 1997, MVTA members Apple Valley, Burnsville, Eagan, Prior Lake and
Savage chose the local levy option while Rosemount did not.
• June 30 is the deadline for each opt -out city to send the Department of Revenue a
certification of its intent to levy a transit tax for the taxes payable year 1998, along with a
certification of the City's proposed payable 1998 gross transit tax, if they are going to levy
locally.
ISSUES:
• The decision to levy locally for taxes payable in 1998 is complicated by the implementation
of levy limits. The way the transit tax levy is set by state law combined with the neve levy
limit creates the potential that limited tax revenue increases will go to the MVTA and will
not be available to finance City operations.
The following calculations attempt to illustrate this problem:
1998 Levy Limit Base (1997 Actuals)
City Tax Levy
City HACA
Sub -total City
MVTA Tax Levy
MVTA HACA
Sub -total MVTA
Grand Total
$13,378,170
1.641.042
1,738,193
387.789
$15,019,212
2.125.982
S 17.145.212
Agenda Information Memo
1997 Eagan City Council Meeting
Hypothetical Example of this Effect
Base
Levy Limit Increase Illustrative Examples
Dollar Increase
Total Available 1998 Tax and HACA
Amount of Tax/HACA Required by law to go
To the MVTA (6% of Market Value)
Amount of Tax/HACA Available for the City
City Increase from 1997 to 1998
MVTA Increase from 1997 to 1998
$17,145,212
5%
$ 857.261
$18,002,473
(2.261.858)
$15,740,615
$721,403 (4.8%)
$135,876 (6.4%)
$17,145,212
3%
$ 514.356
$17,659,568
(2.261.858)
$15,397,710
$378,498 (2.5%)
$135,876 (6.4%)
What this hypothetical example shows is that for any city in which the increase in market value
is greater than the levy limit allowable increase (implicit price deflator and household growth) a
disproportionate share of the allowable increase will shift away from city operations to transit.
Column one shows that with a 5% levy limit increase the city revenue increases by 4.8%, while
the MVTA revenue increases at the market value increase of 6.4%. In the second column, the
percentages are 3%, 2.5% and 6.4% respectively. An extreme example showing no inflation and
no household growth combined with a market value increase would actually result in a reduction
of revenues available to the city. There is no mechanism for any city to manipulate the levies to
correct this potential outcome.
Since Eagan's market value increase is currently estimated at 6.4%, which is probably higher
than the levy limit increase will be, staff is recommending that Eagan not exercise its option to
levy the transit tax locally.
• A decision not to levy the transit tax locally will result in a favorable (although misleading)
presentation on the truth in taxation notices when the City's levy is reduced. The misleading
side is that the "other" (Met Council) levy will increase by a like amount.
• While the effect of not levying locally would have a positive appearance for payable 1998, a
subsequent decision to again levy locally would create the same problems experienced for
payable 1997. It is probably not a good idea to contemplate being in and out continuously
from year to year.
�q
Agenda Information Memo
June 17, 1997 Eagan City Council Meeting
NEW BUSINESS
A. GRADING PERMIT REQUEST FOR WAIVER
CAPONI ART PARK ANTHONY CAPONI
U-0 I1` IM 116]_.13XKIUlI1]D)9D)IT
To approve or deny a request for waiver from the following grading permit for Anthony Caponi
for the Caponi Art Park:
1) The requirement for a beginning and ending date;
2) Requirement for the usual fees; and
3) The requirement for a financial guarantee or an abstractor's list of property owners.
FACTS:
• Mr. Anthony Caponi has applied for a grading permit from the City in order to construct a
parking lot and entrance area to the Caponi Art Park on the land immediately south of Diffley
Road. Mr. Capon has submitted grading plans, a legal description of the property and a
certificate of liability insurance. Engineering has reviewed the grading plan and it is
adequate for their purposes. He is, however, requesting that the other requirements for a
grading permit be waived as listed above.
ATTACHMENTS:
• Attached on pageI is a copy of a memo from Mr. Caponi citing his reasons for the
request for waiver certain requirements.
goo
CAPONI
ART
PARK
1215 Diffley Road
• Eagan,
MN
55123
• 612 454-4338
Memo To: Mayor & City Council
c/o Thomas Hedges, City Administrator
From: Anthony Caponi
Dom: May 15, 1997 '
Subject: Permit for Constructing Entrance and Parking Lot for the Caponi Art Park
I began the development of the Art Park with the consent and participation of city officials.
At the time, it was understood that because of the uniqueness of the project, I could not
have detailed plans for the work to be done or a set completion date. I appreciate the trust
you have had in me and I believe I have done everything to honor this trust with
responsible work standards and keeping you informed of the park's progress.
Now we are addressing ourselves to an area of approximately 3 acres of the park which
encompasses the main entrance and parking lot. This is not the first road I have built on the
premises but because the entrance and parking lot will be used by the public, I agree with
the need to meet proper engineering standards. In fact, I am the one who initiated contact
with the city through Tom Hedges to have Stan Lexfold check on what I was doing in this
regard.
Though I am confident in my ability to undertake or supervise any aspect of this project, I
am cautious enough to have engaged a civil engineer who proposed more than one way of
construction. His plans are attached. I chose the method that I could personally undertake
with the minimal resources at my disposal. This means that I accept free fill as it becomes
available. This alone prevents me from setting a completion date though no one could be
more eager to finish the job than I.
As per instructions, I met with Stan Lexfold and Craig Knutson and went over the standard
permit application. It should not be surprising that the form was not designed to cover this
situation. So I proposed to supply the necessary information in this memo to meet the intent
of the permit, without inhibiting my efforts to be creatively resourceful and follow
standards that may even exceed city requirements. See attached documents.
Since the Art Park is a non-profit enterprise for the benefit of the community, and in
keeping with the spirit of the city's resolution of 1990, we request the following exceptions
be made:
• This should be an open ended permit in regard to beginning and ending of
construction.
• The usual es should be waived for this permit.
• The requirefement for a financial guarantee or an abstractor's list of property owners
should not apply because the park itself is the only property that would be effected by
the work. There are silt fences in place and berms to control drainage. The on-going
work will have no negative impact on the two homes to the west of the construction.
These neighbors are aware that the constructing a park is preferable to a housing
development.
I would welcome the opportunity to update the council on the present status of the Art
Park. We have numerous programs scheduled for this year and we hope that you will be
able to attend one or all of them or visit the park at your leisure.
SDI
Agenda Information Memo
June 17,1997 Eagan City Council Meeting
B. FOOTING/FOUNDATION PERMIT — ROSEVILLE PROPERTIES
(EAGAN BUSINESS COMMONS)
ACTION TO BE CONSIDERED:
> To approve or deny a Footing/Foundation permit for Roseville Properties to allow
footing/foundation construction to commence on a warehouse on Lot 2, Block 1 of
the proposed Eagan Business Commons subdivision prior to final subdivision
approval.
FACTS:
> Roseville Properties has submitted an application for a final subdivision (Eagan
Business Commons) consisting of four lots at the northwest intersection of Lone Oak
Road and T.H. 55. Staff is currently preparing the development contract and
anticipate it will be in order for execution at the July 1 City Council meeting.
> Due to heavy summer construction schedules, Roseville Properties is interested in
obtaining a footing/foundation permit for a warehouse building (Terminal IV) to be
located on Lot 2, Block 1 of the proposed Eagan Business Commons subdivision.
BACKGROUND/ATTACHMENTS:
> Letter from Daniel P. Commers (Roseville Properties), pa a (Q3
> Proposed Eagan Business Commons site plan, page LL
612 633 9221
06/11/97 WED 12:28 FAX 612 633 9221 ROSEVILLE PROPERTIES
RosEvrux PRoPERTiEs
MANAGEMENT COMPANY
June 11; 1997
Mayor Thomas Egan, City of Eagan
Councilmember Patricia Awada
Councilmember Sandra Masin
Councilmember Bea Blomquist
Councilmember Theodore Wachter
c/o Julie Farnham, Planner
3830 Pilot Knob Road
Eagan, MN 55122
Re: Footing and Foundation Permit Request - Eagan Business Commons Project
Mayor Egan and Councilmembers:
While the acquisition of the homes along Lone Oak Road is proceeding in an orderly
fashion, the process has taken longer than anticipated. Additionally, in the effort to
coordinate our development with the Lone Oak reconstruction, more time has been
required to come to an agreed upon plan with Dakota County. We had hoped to be able
to present the final plat for approval at your June 17th meeting, however, it does not look
like we will be able to complete the requirements by that date. We will be seeking
approval at the July 1 meeting.
This summer's heavy construction schedule (that can be attested to by city staff) places
abnormal pressure on delivery of materials and critical scheduling of components in the
construction process. In order to complete the first two buildings by October 1, which is a
requirement of our end loan financing commitment, we need to be able to have footings
and foundations for one of the buildings (Terminal N) completed by July 7th.
Therefore, we are requesting that the Council approve a footing and foundation permit for
that building only at your June 17th meeting. We have already submitted plans to the
building inspection staff. This permit would enable us to keep the project on track.
Your continued cooperation is appreciated.
Very tr ° yours,
Dfiel . Commers
Oeveloper
2,575 N. Fairview - Suite 250 - Roseville, MN 55113 - (612) 633-6312 - Fax 633-9221
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Agenda Information Item
June 17, 1997
C. PRELIMINARY SUBDIVISION (GVR ACRES) - GREGORY AND VALERIE
RATHMAN
ACTION TO BE CONSIDERED:
> To approve or deny a Preliminary Subdivision, including Variances to certain provisions of the
Shoreland Ordinance and Subdivision Code, consisting of ten lots on 15.2 acres for property
located at 3760 Blackhawk Road in the SE'/4 of Section 17.
FACTS:
> There is an existing house and barn on the west half of the property which were constructed in
1958. The west half of the property is mostly open with scattered trees, the east half of the
property is heavily wooded.
> Lot sizes range from just under %Z acre to 3.27 acres. The average lot size is about 1.4 acres. All
of the lots are proposed to be served by sanitary sewer.
> Variances to the minimum lot width at the building line are requested for Lots 2 and 3.
Variances to the lot width at the ordinary high water mark are requested for Lots 4, 8 and 9. A
variance to allow 7 lots without public street frontage for Lots 3 and 5 —10; and a variance to the
500 foot maximum cul-de-sac length for the private driveway are also requested.
> The APC held a public hearing on May 27, 1997, and recommended approval of the Preliminary
Subdivision, with the Variances, and subject to the conditions outlined in the APC minutes.
ISSUES:
> During the public hearing, the neighbors commented that they liked the preliminary subdivision
plans approved in March of this year (Rathman Acres) better than this plan. That plan proposed
eight lots (not ten); access to serve the eastern portion of the site was from an existing private
driveway (Riverton Point), and three of the lots were proposed to be served by septic systems.
> The DNR objects to the variances for lot width at the shoreline, especially for Lots 8 and 9, and
indicates that the lots should be reconfigured to encompass the limited shoreline at the northeast
corner of the site on a single lot.
> The Advisory Parks Commission indicated they would like to see language incorporated into the
conservation easement to guide the placement of trails and pathways to minimize vegetation
removal and the potential for erosion.
ATTACHMENTS:
May 27, 1997 APC Minutes, pages Brough
Staff Report, pagesklirough
Pagc 22
May 27, 1997
ADVISORY PLANNING COMMISSION
PRELIMINARY SUBDIVISION
GREGORY AND VALERIE RATHMAN
Commission Chair Heyl opened the next public hearing of the evening regarding a
Preliminary Subdivision (GVR Acres) consisting of ten single-family lots on
approximately 15 acres located at 3760 Blackhawk Road. The property is located at the
west end of Blackhawk Lake, east of Blackhawk Road and north of Silver Bell Road. The
proposed subdivision includes Variances to certain provisions of the City's Shoreland
Ordinance and the Subdivision Code.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in City staff s planning report dated May 22, 1997. Ms. Dudziak
noted the background and history, the surrounding uses and the existing conditions of the
subject property. Ms. Dudziak noted that the APC had received a copy of a letter by
facsimile stating that the letter writer favored the first proposal rather than this new
proposal.
It was noted that the applicant, Greg Rathman was available for questions.
Member Segal inquired as to why the change in the proposal to which the
applicant stated that it would be of interest to the City to provide sanitary sewers to the
lots which did not have them in their previous proposal.
John Jesmok, noted his concern with the increase of two single-family homes and
that while he knew this area would be developed, he felt it was rather pristine and thought
that the original eight single-family home proposal was better. Mr. Jesmok's other
concern was the road that was to serve as an access to this subdivision.
Greg Matheson, 1616 Riverton Point, noted the concern of the families in the area
about the traffic and safety with the previous plan. Mr. Matheson stated that he received
an offer of $1,000.00 to have access into the lots and then to be paid $5,000.00 after the
lots were sold. Mr. Matheson noted that the access drive would enter at a 90 -degree
corner where a neighbor has had two trucks slide off already. He noted that the neighbors
have attempted negotiations and meetings with the applicant but were not successful in
getting a response.
Member Carlson noted that in her opinion the previous plan was much better and
expressed her concern for a road to go through the backyards of many homes is extremely
intrusive. Member Frank noted that anyone who voted against the rezoning of the R-2
[for the Pulte proposal earlier in the meeting] should be ecstatic about two more lots for
single-family homes being added to this site. Member Miller thought it would be good to
have a sewer system put in and also noted that the neighbors across the lake would not
Page 23
May 27, 1997
ADVISORY PLANNING COMMISSION
notice the extra lots because of the wooded areas between them. Member Miller thought
that additional landscaping and the willingness for the conservation easement of 100 feet
to protect the integrity of the lake and the other water body to be sufficient.
In response to Member Carlson's inquiry as to whether the staff was suggesting a
26 -foot drive, Engineer Gorder stated that staff was fine with a private drive and that the
Fire Marshall had no problems with this.
Member Burdorf though it was odd to run a private road right behind eight peoples
homes and was concerned about safety. Member Burdorf inquired as to the space of the
road and the property line of homeowners abutting the road. He questioned if there had
been a review for safety purposes. Associate Planner Dudziak noted that the distance
ranged from about 50 feet to 25 feet in other areas between the road and the homeowners
property lines. Member Frank noted that there was a significant elevation difference and
Member Miller stated that this really is a driveway and the people using it should only be
about five or six different lots. He also noted that the previous proposal was better for the
developer economically, by not putting in the road it simplifies the development and
lowers the intensity. He also encouraged the developer and the neighbors to talk again.
Commission Chair Heyl stated that she would like to add a condition 18 that
would read, "Per staff, trees and landscaping be planted south of the drive to act as a
buffer between the drive and the houses on Riverton".
Member Burdorf moved, Member Frank seconded, a motion to recommend
approval of a Preliminary Subdivision (GVR Acres) consisting of ten single-family lots
on approximately 15 acres located at 3760 Blackhawk Road. The property is located at
the west end of Blackhawk Lake, east of Blackhawk Road and north of Silver Bell Road.
The proposed subdivision includes Variances to certain provisions of the City's Shoreland
Ordinance and the Subdivision Code, subject to the following conditions:
1. The developer shall comply with these standard conditions of plat approval
as adopted by Council on February 3, 1993: A 1, B 1, B2, B4, C 1, C2, C3, D 1, E 1, F 1,
Gl, and H1.
2. The property shall be platted.
3. The final subdivision shall not be approved until the existing barn on
proposed Lot 3 is removed.
4. The Rathman Acres Preliminary Subdivision, approved by the council
March 18, 1997, shall be withdrawn prior to final subdivision approval.
Dow?
Page 24
May 27, 1997
ADVISORY PLANNING COMMISSION
5. All applicable R-1 and Shoreland District zoning standards shall be met
including setbacks and maximum building and impervious surface coverage.
Grading/Storm Drainage
6. The developer shall be responsible for installing and maintaining erosion
control measures in accordance with the City's Erosion/Sediment Control Standards.
7. The developer shall ensure that grading for this development maintains
current drainage patterns of backyard areas of adjacent lots on Riverton Avenue toward
Blackhawk Lake.
Water Quality/ Wetlands
9. Water quality mitigation shall be satisfied through a cash dedication based
on the area of the development excluding the already developed lot (Lot 4).
Streets/Access/Circulation
10. The developer shall be responsible for revising the existing roadway
striping on Blackhawk Road to accommodate the proposed Skater Circle intersection.
11. Detailed plans and specifications for the construction of all retaining walls
shall be submitted for review at the time of final plat approval.
12. The private driveway width shall be a minimum of 26 feet face-to-face with
concrete curb and gutter and bituminous surfacing.
Easements/Rights of Way/Permits
13. Prior to final subdivision approval, the developer shall prepare a
conservation easement to provide protection of riparian and adjacent upland areas along
Blackhawk Lake and Pond BP -1.2. The easement shall be subject to review of the City
Attorney. The area covered in the easement shall extend a minimum of 100 feet back
from the ordinary high water level of Blackhawk Lake and Pond BP -1.2. The easement
shall be recorded with the plat.
Tree Preservation
14. Tree Protective Measures shall be installed at the drip line or at the
perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands
to be preserved. _
Page 25
May 27, 1997
ADVISORY PLANNING COMMISSION
15. The developer shall contact the City Forestry Division at least five days
prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
16. Individual Lot Tree Preservation Plans shall be submitted at the time of
building permit application for Lots 3 and 5 - 10.
Parks and Recreation
17. Parks and trails dedication shall be fulfilled through a cash dedication for
Lots 1-3 and 5 — 10.
18. Per staff, trees and landscaping shall be planted south of the drive to act as
a buffer between the drive and the houses on Riverton.
Six voted in favor with Member Bakken abstaining due to a conflict of interest.
Is
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 22, 1997 CASE: 17 -PP -11-4-97
APPLICANT: Valerie and Gregory Rathman HEARING DATE: May 27, 1997
PROPERTY OWNER: Valerie/Gregory Rathman PREPARED BY: Pamela Dudziak
REQUEST: Preliminary Subdivision (GVR Acres ) with Variances
LOCATION: 3760 Blackhawk Road in the SE'/< of Section 17
COMPREHENSIVE PLAN: D -I, Single -Family Residential
ZONING: R-1, Single -Family Residential and
Shoreland Overlay of Blackhawk Lake
SUMMARY OF RE UEST
The Rathman's are requesting approval of a Preliminary Subdivision (GVR Acres)
consisting of ten single-family lots on approximately 15 acres located at 3760 Blackhawk
Road. The property is located at the west end of Blackhawk Lake, east of Blackhawk Road
and north of Silver Bell Road. The proposed subdivision includes Variances to certain
provisions of the City's Shoreland Ordinance and the Subdivision Code.
AUTHORITY FOR REVIEW
Preliminary Subdivision
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning
Commission and the Council shall be guided by criteria, including the following, in
approving, denying or establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
/Jo
Planning Report - GVR Acres
May 27, 1997
Page 2
storage and retention are such that the site is suitable for the type of development or
use contemplated.
D. That the site physically is suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with
easements of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in
a timely manner so as not to cause an economic burden upon the City for
maintenance, repayment of bonds, or similar burden.
That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook
on Solar Access).
J. That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Bun Club
Lake Watershed Management Organization" which document is properly approved
and filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein
as fully as if set forth herein at length. It shall be the responsibility of the City Clerk
to maintain the Water Quality Management Plan and make the same available to the
public."
Shoreland Overlay
City Code Section 11.2 1, Shoreland Zoning, Subd. 6, C Variances states:
1. No variance may be granted except in accordance with Minnesota Statues, Chapter
462 and the provisions of this Chapter. A variance shall not circumvent the general
t (k
Planning Report - GVR Acres
May 27, 1997
Page 3
purposes and intent of this Section. No variance may be granted that would allow any
use that is prohibited in the zoning district in which the subject property is located.
Conditions may be imposed in the granting of a variance to ensure compliance with
this Chapter, and to protect adjacent properties and the public interest. In considering
a variance request, the City Council will also consider whether the property owner has
reasonable use of the land without the variance, whether the property is used
seasonally or year-round, whether the variance is being requested solely on the basis
of economic considerations, and the characteristics of development on adjacent
properties.
2. The City shall hear and decide requests for variances, including variances for sewage
treatment systems in shoreland districts, in accordance with the zoning provisions
governing variances. When a variance is approved after the Department of Natural
Resources and formally recommended denial in the hearing record, the notification of
the approved variance required therein shall also include the summary of the public
record/testimony and the findings of facts and conclusions which supported the
issuance of the variance.
3. For existing developments, the application for variance shall clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of the
property. All variances granted shall require reconstruction of a nonconforming
sewage treatment system.
Variance
City Code Chapter 11, Section 11.40, Subd. 3, C states that the Council may grant a variance
and impose conditions and safeguards therein if.
1. The Council shall determine that the special conditions applying to the structures or
land in question are peculiar to such property or immediately adjoining property and
do not apply generally to other land or structures in the district in which said land is
located, and that the granting of the application is necessary for the applicant.
2. That granting of the proposed variance will not be contrary to the intent of this
Chapter and the Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
Planning Report - GVR Acres
May 27, 1997
Page 4
BACKGROUND/HISTORY
The existing house and barn on this property were constructed in 1958. The Blackhawk Oaks
development south of the property was platted in 1984. Also in 1984, Blackhawk Lake
Addition was platted at which time the private street, Riverton Point, was established.
The Rathman's submitted a subdivision proposal for this property (Rathman Acres) in
February of this year. That preliminary subdivision was approved by the City Council on
March 18, 1997. The proposal was for eight single-family lots, access to the eastern portion
of the site was proposed off the existing private street, Riverton Point, and the three eastern
lots were to be served by individual septic systems.
EXISTING CONDITIONS
There is an existing house and a barn on the west half of the property. The property is open
on the west with scattered trees, and heavily wooded on the east. The site slopes toward the
lake. The site is zoned R-1 and located in the Shoreland Overlay District of Blackhawk Lake
which is classified as a Recreational Development lake.
CODE REQUIREMENTS
The Shoreland Ordinance establishes standards for development which are to be applied in
addition to the underlying or base land use zoning. In the joint application of both base
zoning and shoreland zoning standards, the most restrictive regulations shall apply.
All proposed lots are subject to the R-1 standards. In addition, the Shoreland zoning
distinguishes between riparian and nonriparian lots. Lots 4, 5, 7, 8 and 9 are riparian, Lots 1
— 3, 6 and 10 are non -riparian. The R-1 and Shoreland zoning standards are summarized in
the following table.
* OHWM = Ordinary High Water Mark
Ila
Lot
Size
Lot
Width
Width at
Shoreline
Setbacks
Building
Height
Lot
Coverage
R-1
12,000 s.f.
85'
N/A
Front 30'
2 %i
20% bldg.
(All lots)
Side
stories
Coverage
10' house
area
5' garage
Rear 15'
Shoreland
Avg. Size
100'
100'
75' bldg.
35'
25%
Riparian
Riparian:
from
impervious
Lots 4, 5, 7-9
20,000 s.f.
OHWM*
surface
NonRiparian
Nonriparian
Lots 1-3, 6,10
15,000 s.f.
* OHWM = Ordinary High Water Mark
Ila
Planning Report - GVR Acres
May 27, 1997
Page 5
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North - Blackhawk Lake/Single-Family Residential; Zoned R-1 Single Family Residential;
Guided D -I Single -Family Residential
South - Blackhawk Oaks; Zoned R-1 Single Family Residential; Guided D -I Single -Family
Residential; to the southeast is Blackhawk Park
East - Single Family Residential; Zoned R-1 Single -Family Residential; Guided D -I Single -
Family Residential
West - Townhomes; Zoned R-3 Residential Townhouse; Guided D -III Mixed Residential
EVALUATION OF REQhUEST
Preliminary- Subdivision
Since there is already an approved preliminary subdivision pending on this property, if this
preliminary subdivision (GVR Acres) is approved, the Rathman's should formally withdraw the
previous preliminary subdivision (Rathman Acres) which was approved on March 18, 1997.
This proposed subdivision differs from the previously approved preliminary subdivision for this
site. This proposal is for ten single-family lots instead of eight, provides sanitary sewer service
for all of the lots, and extends a private driveway along the south boundary of the site. This plan
does not include a street connection to the existing private drive, Riverton Point. The proposed
private driveway will be set at a lower elevation than the existing lots on Riverton Avenue, and
because of the grading associated with the street and sanitary sewer construction, there will be
tree loss along the southern border of the site.
Compatibility with Surrounding Area - This large lot single-family development appears
compatible with surrounding residential development.
Density - The proposal consists of ten lots on approximately 15.2 acres, resulting in a gross
density of about .66 units per acre which translates to an average lot size of 1.44 acres. This
density is consistent with the R-1 zoning and D -I guide plan designation which provide for up to
3 units per acre.
Lots - Lot sizes range from just under 1/2 acre (19,880 sq. ft.) to 3.29 acres (143,366 sq. ft.).
Proposed Lot 4 contains the existing house and Lot 3 contains the existing barn. The barn (an
accessory structure) cannot continue to exist on a separate lot without a principal structure
(house). For this reason, the barn is proposed to be removed. All lots meet the minimum size
Planning Report - GVR Acres
May 27, 1997
Page 6
standards required by the shoreland ordinance (15,000 sq. ft. for non -riparian lots and 20,000 sq.
ft. for riparian lots).
Lot width standards must be met at both the building setback line and at the shoreline. Lots 2
and 3 measure about 95 feet at the building setback line and exceed the R-1 lot width
requirement, but fall short of the shoreland lot width requirement of 100 feet. Lots 4, 8 and 9 do
not satisfy the minimum width at the ordinary high water mark as required by the shoreland
ordinance. Therefore, a Variance to the lot width at either the building setback line or the
OHWM for these lots is requested.
Setbacks - The shoreland zoning establishes required structure setbacks from the OHWM. Other
setbacks from property lines are established by the R-1 base zoning. The required setback from
the OHWM is 75 feet. Other setbacks required in the R-1 zoning district are 30 feet for the front
yard, 10 feet for the side yard (5 feet for garage), and 15 feet for the rear yard. The existing
house on proposed Lot 4 will meet these standards. Conceptual building pads for the other lots
are shown on the preliminary grading plan and all lots appear to be of sufficient size to
accommodate single-family dwellings and satisfy required setbacks.
Gradin /Storm Drainage — The preliminary grading plan is acceptable with some modifications.
The site is heavily wooded and contains considerable variation in topography with elevations
along the south edge of the development ranging from 872 to 885, and along the north edge of
the site an elevation of 790 at Blackhawk Lake. Grading with the development is proposed for
the public street, Skater Circle, the private driveway, and on Lots 1 and 2. The remainder of lots
are proposed to be custom -graded at the time of building permit. A retaining wall is proposed to
be constructed at the right-of-way line of the Skater Circle cul-de-sac "bubble". Detailed plans
and specifications for the construction of this retaining wall should be submitted for review at the
time of final plat approval. The developer should be responsible for installing and maintaining
erosion control measures in accordance with the City's Erosion/Sediment Control Standards.
The developer proposes to drain street, private driveway and front yard areas to public storm
sewer systems available. Skater Circle and a portion of the private driveway will drain to storm
sewer within Blackhawk Road and the remainder of the private driveway will drain to public
storm sewer within Riverton Point, the existing private driveway for Blackhawk Lake Addition.
These storm sewer systems have sufficient capacity and both drain to Blackhawk Lake. The
backyard areas of Lots 3-10 are proposed to drain directly to Blackhawk Lake.
A number of the backyard areas from the adjacent Blackhawk Oaks Addition currently drain
north onto this site and ultimately to Blackhawk Lake. The developer should ensure that grading
for this development maintains these current drainage patterns away from these backyard areas
toward Blackhawk Lake.
Planning Report - GVR Acres
May 27, 1997
Page 7
Wetlands/Water {Quality — This proposed development lies on the southwest shore of Blackhawk
Lake. Two of the lots (Lots 8 and 9) border the portion of Blackhawk Lake classified as Class I
direct contact recreation. Three other lots (Lots 4, 5, and 7) have frontage on a bay at the far
west end of the lake (BP -1.2) designated as a Class VII storm water basin. The average size of
the riparian lots is about 1.9 acres, and the average size of all lots in the development (lots with
and without lake access) is about 1.44 acres.
Runoff from the cul-de-sac serving the five eastern -most lots will discharge directly to
Blackhawk Lake through a tie-in with an existing storm sewer. Runoff from the impervious
surfaces of the remainder of the development will discharge to Pond BP -1.2, also through a tie-in
with an existing storm sewer. Because of the small size and low density of the development,
extreme topography, and the abundance of significant trees and woodlands, on-site ponding is
not a viable alternative. Thus, water quality mitigation should be met through a cash dedication
based on the area of the development excluding the already developed lot (Lot 4). There are no
wetlands on the parcel other than the wetland complex associated with Blackhawk Lake, and no
wetland filling or draining is proposed by the developer.
Utilities - Sanitary sewer to serve this site with gravity flow and was stubbed to the northwest
corner of the site when Blackhawk Road was reconstructed in 1994. This stub is available to
provide service to all lots with the proposed house pad elevations as shown on the preliminary
grading plan.
Water main is also available for connection by the development. A stub at the southwest corner
near Blackhawk Road is available to be extended through the development for connection to the
existing public water main within Riverton Point. An individual water service was constructed
to serve Lot 4 when Blackhawk Road was reconstructed.
Streets/Access/Circulation — Access for the existing house on Lot 4 will remain via a private
driveway onto Blackhawk Road. Public street access for Lots 1 and 2 is proposed off of a 200 -
foot long cul-de-sac, Skater Circle, extended east from Blackhawk Road. Revisions to the
existing roadway striping on Blackhawk Road will be necessary to accommodate the Skater
Circle intersection and should be the responsibility of the developer. Direct public street access
is not proposed for Lot 3 and Lots 5-10. Access for these lots is proposed via a 1,000 -foot long
private driveway cul-de-sac extending east from Skater Circle.
The City's Subdivision Code states that as a general rule, the City shall not permit land locked
parcels or parcels that are only served only by private easements. Since access for Lots 3 and 5 —
10 would be provided by the private driveway, the preliminary subdivision request includes a
Variance to allow parcels that do not have public street frontage. The 1,000 -foot cul-de-sac
length of the private driveway requires a Variance to the City Code maximum cul-de-sac length
of 500 feet. The City Fire Marshal has reviewed the private cul-de-sac for emergency vehicle
access requirements and has determined that with the proposed 1,000 foot cul-de-sac length, the
Planning Report - GVR Acres
May 27, 1997
Page 8
private driveway width should be a minimum of 26 feet face-to-face. City Code also requires
this private driveway to be constructed with concrete curb and gutter and bituminous surfacing.
Easements/Rights of Way/Pennits — The developer will be responsible for obtaining all
regulatory agency permits prior to final plat approval.
In the preliminary approval of the Rathman's previous subdivision proposal earlier this year, a
conservation easement was required extending 100 feet landward of the OHWM. That easement
was carried over into this proposal, and a 100 -foot conservation easement area is shown on the
preliminary plat. Prior to final subdivision approval, a conservation easement extending a
minimum of 100 feet back from the ordinary high water level of Blackhawk Lake and Pond BP -
1.2 should be provided, subject to the review of the City Attorney.
Tree Preservation - The eastern 2/3 of this site is completely wooded with a variety of hardwood
deciduous trees. The lay of the land is rolling, much of it sloping down to Blackhawk Lake. The
tree inventory indicates that current significant vegetation consists of 9.64 acres of significant
woodlands (primarily hardwood deciduous trees) and 36 significant trees (a variety of deciduous
and coniferous trees). The development as proposed will result in the removal of 0.7 acres, or
about 7.25% of the total significant woodlands as a result of initial site development. The
allowable removal is 25%, so no mitigation is required. The applicant intends to custom grade
Lots 3 and 5 —10, and allowable removal on each of these lots is 20%.
Tree protective measures should be installed at the drip line or at the perimeter of the critical root
zone, whichever is greater, of significant trees/woodlands to be preserved. The developer should
contact the City Forestry Division at least five days prior to the issuance of the grading permit to
ensure compliance with the approved Tree Preservation Plan. Individual Lot Tree Preservation
Plans will need to be submitted at the time of building permit application for Lots 3 and 5 — 10.
Parks and Recreation - Parks and trails dedication should be fulfilled through a cash dedication.
The Advisory Parks Commission supports the conservation easement, and would like language
incorporated into the easement to guide the placement of trails and pathways to minimize
vegetation removal and erosion. The Commission also commented that they would like to see
some landscaping between the private driveway and the south property line to provide a buffer
between this development and the adjacent homes on Riverton Avenue.
Variances
Shoreland Zoning/Lot Width — As previously identified, this site lies entirely within the
shoreland overlay zone of Blackhawk Lake, a recreational development lake, and is therefore
subject to regulation under the Shoreland Ordinance section of the city's Zoning Code. As
proposed, the development includes a variance to the minimum lot width at the OHWM for Lots
4, 8 and 9, and at the building line for Lots 2 and 3. Variances to the Shoreland Ordinance are
111
Planning Report - GVR Acres
May 27, 1997
Page 9
processed according to the normal variance procedures stipulated in the City Code, and notice of
the variance request and any associated public hearings is required to be provided to the
Department of Natural Resources so that agency has the opportunity to comment. As of the date
of this report, official comment from the DNR on this proposal has not been received, but should
be available at the May 27, 1997 public hearing.
The purpose of the lot width requirement is to maintain water quality and a natural shoreland
appearance by avoiding crowding of structures and water -oriented "toys," and limiting
vegetation removal near the lakeshore. Because of the topography of this site and the low
density of this development, the new houses are proposed to be located at higher elevations away
from the lake and the aesthetic impact of the structures on the lakeshore appears to be minimal.
The city's shoreland ordinance requires a minimum lot width of 100 feet at both the building
setback line and at the OHWM. The DNR's model ordinance establishes a minimum lot width
of 75 feet, and the City's minimum lot width for R-1 zoning is 85 feet. Lots 2 and 3 require
variances to the shoreland ordinance for lot width at the building setback line, but both satisfy the
DNR model and City's R-1 standards. Lots 4, 8 and 9 require variances to the City's shoreland
ordinance for lot width at the OHWM. Lot 4 has approximately 87 feet of lake frontage which
satisfies the DNR model and R-1 zoning standards, but because of limited lake frontage in the
northeast corner of the property, Lots 8 and 9 cannot meet either of these standards.
Private Drivewav and Cul -de -Sac_ Len eth — The existing grades dictate the location of the
sanitary sewer and the private driveway. Access to the eastern portion of the site via a
connection to Riverton Point is restricted because Riverton Point is also a private driveway. In
order to provide sanitary sewer service to the eastern portion of the site, the service has to be
extended from the northwest corner of the site, and consequently, the access drive is located
along the same alignment as the sanitary sewer. Shifting of the drive and sewer line would result
in more extensive grading and greater tree loss.
The Rathman's have indicated that they are proposing a private driveway in order to minimize
the street width and associated grading. A public street would be required to be 28 feet in width,
and also to have a 10 foot flat boulevard area beyond the curb. The proposed private driveway is
26 feet wide, and there is no requirement to provide a flat area beyond the curb.
SUMMARY/CONCLUSION
The Rathman's are requesting approval of a Preliminary Subdivision with variances to certain
provisions of the Shoreland Ordinance and Subdivision Code to create 10 lots on approximately
15.2 acres,on the southwest comer of Blackhawk Lake. Although this proposal requires more
extensive grading and tree removal than the plan previously submitted for this site by the
Rathman's, it also provides sanitary sewer service for all of the lots, and tree removal is less than
allowable limits.
1�g
Planning Report - GVR Acres
May 27, 1997
Page 10
ACTION TO BE CONSIDERED
To recommend approval or denial of a Preliminary Subdivision (GVR Acres) for ten single
family lots, including Variances to certain Shoreland zoning requirements, to allow a cul-de-sac
exceeding 500 feet and to allow six lots without direct public access, on approximately 15 acres
east of Blackhawk Road and north of Silver Bell Road, at the southwest comer of Blackhawk
Lake in the southeast '/4 of Section 17. If approved, the Rathman's should formally withdraw the
previous preliminary subdivision (Rathman Acres) approved on March 18, 1997. If approved,
the following conditions should apply.
General Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993: A1, B1, B2, B4, C1, C2, C3, D1, E1, F1, G1, and H1.
2. The property shall be platted.
3. The final subdivision shall not be approved until the existing barn on proposed Lot 3 is
removed.
4. The Rathman Acres Preliminary Subdivision, approved by the council March 18, 1997,
shall be withdrawn prior to final subdivision approval.
5. All applicable R-1 and Shoreland District zoning standards shall be met including setbacks
and maximum building and impervious surface coverage.
GradimYStorm Drainap-e
6. The developer shall be responsible for installing and maintaining erosion control measures
in accordance with the City's Erosion/Sediment Control Standards.
7. The developer shall ensure that grading for this development maintains current drainage
patterns of backyard areas of adjacent lots on Riverton Avenue toward Blackhawk Lake.
Water Qualinr/ Wetlands
9. Water quality mitigation shall be satisfied through a cash dedication based on the area of
the development excluding the already developed lot (Lot 4).
)11
Planning Report - GVR Acres
May 27, 1997
Page 11
Streets/Access/Circulation
10. The developer shall be responsible for revising the existing roadway striping on Blackhawk
Road to accommodate the proposed Skater Circle intersection.
11. Detailed plans and specifications for the construction of all retaining walls shall be
submitted for review at the time of final plat approval.
12. The private driveway width shall be a minimum of 26 feet face-to-face with concrete curb
and gutter and bituminous surfacing.
Easements/Rip-hts of Wav/Permits
13. Prior to final subdivision approval, the developer shall prepare a conservation easement to
provide protection of riparian and adjacent upland areas along Blackhawk Lake and Pond
BP -1.2. The easement shall be subject to review of the City Attorney. The area covered in
the easement shall extend a minimum of 100 feet back from the ordinary high water -level
of Blackhawk Lake and Pond BP -1.2. The easement shall be recorded with the plat.
Tree Preservation
14. Tree Protective Measures shall be installed at the drip line or at the perimeter of the Critical
Root Zone, whichever is greater, of significant trees/woodlands to be preserved.
15. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan.
16. Individual Lot Tree Preservation Plans shall be submitted at the time of building permit
application for Lots 3 and 5 - 10.
Parks and Recreation
17. Parks and trails dedication shall be fulfilled through a cash dedication for Lots 1 — 3 and 5 —
10.
(ac)
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
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 plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
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 ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
dal
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25 1987
LTS#5
STANDARMCON
City Council
September 15 1987
Revised:__ July 10, 1990
Revised:Februga 2, 1993
(aa
FINANCIAL OBLIGATION — Rathman Acres
There are pay-off balances of special assessments totaling $22,531 on the parcel proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use
Lateral Benefit Water S.F.
Lateral Benefit Storm Sewer SY
Total
Rate
Quantity
Amount
$20.80/ff
528 ff
$10,982
22.55/ff
230 ff
5.187
516.169
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PRELIMINARY PLAT
Agenda Information Item
June 17,1997 Eagan City Council Meeting
D. REZONING, PRELIMINARY PLAT, & VARIANCE - LEXINGTON COMMERCE
CENTER - OPUS NORTHWEST INC.
ACTIONS TO BE CONSIDERED:
➢ To approve or deny a Rezoning of 2.7 acres from Agriculture to I-1, Limited Industrial for Parcel
No. 10-01100-010-25.
➢ To approve or deny a Preliminary Plat for Lexington Commerce Center in order to combine Lots
1-5, Block 5, Eagandale Center Industrial Park No. 3 and Parcel No. 10-01100-010-25 into one lot
(6.69 acres), Lot 1, Block 1, Lexington Commerce Center, located in the SE intersection of Lone
Oak Road and Lexington Avenue in the NW 1/4 of Section 11 subject to the conditions listed in the
April 22, 1997 Advisory Planning Commission minutes.
➢ To approve or deny the 40' Variance to the 100' building setback when a Limited Industrial district
abuts an Agricultural zoning district.
FACTS:
➢ A public hearing was held by the Advisory Planning Commission at its regular meeting on May 27,
1997, where it recommended approval of the Rezoning, Variance, and Preliminary Plat subject to
the 10 conditions listed in the planning report, and the setback Variance.
0
ATTACHMENTS: (2)
APC minutes of May 27, 1 97, page throug.
Staff Report, pages through
/30
Page 26
May 27, 1997
ADVISORY PLANNING COMMISSION
REZONING & PRELIMINARY SUBDIVISION
OPUS NORTHWEST, LLC
Commission Chair Heyl opened the next public hearing of the evening regarding a
Rezoning of 2.7 acres, a Preliminary Plat of 6.69 acres for one lot for Lexington
Commerce Center, and a Variance of 40' to the required 100' building setback when a I-1
district is located adjacent to an Agriculture district. The site is located at 1427 Lone Oak
Road on Lots 1-5, Block 5, Eagandale Center Industrial Park No. 3 and Parcel No. 10-
01100-010-25 (Rahn property) in the SE intersection of Lone Oak Road and Lexington
Avenue in the NWl/4 of Section 11.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in City staff s planning report dated May 22, 1997. Ms. Tyree noted the
background and history, the surrounding uses and the existing conditions of the subject
property.
It was noted that the applicant, Michelle Foster, was available for questions and
comments.
No members of the public were present for comment.
Member Segal stated that he did not like using the open space on the road for
parking and thought it would be better to have parking in the rear of the development.
The applicant responded that about 20 to 25% of the space would be used for office and
the parking served the office space which was in front and this would also avoid conflicts
with eleven docks in the back.
Member Frank noted that there was berming and landscaping in the front and
Planner Tyree confirmed that a landscape plan had been submitted.
Commission Chair Heyl stated that car parking in the front was the lesser of two
evils between parked cars and trucks and docking. Ms. Heyl also noted that it would be
incompatible for the two to enter in the same area.
The applicant noted that they were meeting the extensive tree mitigation
requirements and that the project sits down a bit from Lone Oak so the parking will not
be in full view.
Member Burdorf moved, Member Segal seconded, a motion to recommend
approval of a Rezoning of 2.7 acres. The site is located at 1427 Lone Oak Road on Lots
1-5, Block 5, Eagandale Center Industrial Park No. 3 and Parcel No. 10-01100-010-25
/3 �
Page 27
May 27, 1997
ADVISORY PLANNING COMMISSION
(Rahn property) in the SE intersection of Lone Oak Road and Lexington Avenue in the
NW'/4 of Section 11.
All voted in favor.
Member Burdorf moved, Member Segal seconded, a motion to recommend
approval of a Preliminary Plat of 6.69 acres for one lot for Lexington Commerce Center.
The site is located at 1427 Lone Oak Road on Lots 1-5, Block 5, Eagandale Center
Industrial Park No. 3 and Parcel No. 10-01100-010-25 (Rahn property) in the SE
intersection of Lone Oak Road and Lexington Avenue in the NWV4 of Section 11, subject
to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval
as adopted by Council on February 3, 1993:
Al, B1, B2, B3, B41 Cl, C2, C4, D1, E1, F1, G1, & H1
Tree Preservation
2. The developer shall install 42 Category A trees or 84 Category B trees or
168 Category C trees as mitigation for the significant tree and woodland removal in
excess of allowable limits.
3. The developer shall follow Tree Protective measures (i.e. 4 foot
polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of
the Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved.
4. The developer shall contact the City Forestry Division at least five days
prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
- 5. The developer shall meet the water quality treatment requirements primarily
through on-site ponding. A supplemental cash dedication should be required to meet any
shortfall in on-site ponding.
Park Dedication
6. The developer shall be subject to a cash parks dedication.
/3�
Page 28
May 27, 1997
ADVISORY PLANNING COMMISSION
7. The developer shall be subject to a cash trail dedication that shall be
satisfied through the construction of the trail along Lexington and Lone Oak Road.
Easements
8. The developer shall obtain grading easements from adjacent properties for
any grading which extends beyond the limits of this property (proposed Lot 1, Block 1,
Eagandale Center Industrial Park No. 13).
9. The developer shall obtain private ingress/egress easement from Parcel 010-
28 for the proposed entrance from Lexington Avenue prior to final plat approval.
10. The developer shall obtain adequate drainage and ponding easement for the
proposed storm water basin in the southeast corner of the development from the adjacent
property, Parcel 010-28. This easement shall incorporate the calculated high water level
on the storm basin plus three feet.
All voted in favor.
Member Burdorf moved, Member Segal seconded, a motion to recommend
approval of a Variance of 40' to the required 100' building setback when a I-1 district is
located adjacent to an Agriculture district. The site is located at 1427 Lone Oak Road on
Lots 1-5, Block 5, Eagandale Center Industrial Park No. 3 and Parcel No. 10-01100-010-
25 (Rahn property) in the SE intersection of Lone Oak Road and Lexington Avenue in the
NWV4 of Section 11.
All voted in favor.
3,005
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 22 1997
APPLICANT: Opus Northwest L.L.C.
CASE: 11 -PP -2-1-97 & 11-RZ-5-1-97
HEARING DATE: May 27, 1997
PROPERTY OWNER: Opus Northwest L.L.C. PREPARED BY: Shannon Tyree
Marvin & Renata Rahn
REQUEST: Preliminary Plat (Lexington Commerce Center) Rezoning & Variance
LOCATION: 1427 Lone Oak Road
COMPREHENSIVE PLAN: IND - Industrial
ZONING: I-1 — Industrial and A — Agriculture
SUMMARY OF REQUEST
Opus Northwest L.L.C. has applied for a Rezoning of 2.7 acres, a Preliminary Plat of 6.69 acres
for one lot for Lexington Commerce Center, and a Variance of 40' to the required 100' building
setback when a I-1 district is located adjacent to an Agriculture district. The site is located at 1427
Lone Oak Road on Lots 1-5, Block 5, Eagandale Center Industrial Park No. 3 and parcel no. 10-
01100-010-25 (Rahn property) in the SE intersection of Lone Oak Road and Lexington Avenue in
the NWIA of Section 11.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and
the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable plans
of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage,
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of the development.
l3�
Planning Report — Lexington Commerce Center
May 27, 1997
Page 2
E. That the design of the subdivision or the proposed improvements is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause health
problems.
G. That the design of the subdivision or the improvements will not conflict with easements of
record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds or similar burden.
I. That the subdivision has been properly planned for possible solar energy system use within
the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar
Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain document
entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed
Management Organization" which document is properly approved and filed with the office
of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said
document and all of the notations, references and other information contained therein shall
have the same force and effect as if fully set down herein and is hereby made a part of this
Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall
be the responsibility of the City Clerk to maintain the Water Quality Management Plan and
make the same available to the public.
BACKGROUNDAMSTORY
The building and associated parking formerly located on lots 1-5, Block 3, Eagandale Center
Industrial Park No. 3 was originally constructed in 1967 for Heritage Methodist Church. After the
church left, it became the United States Post Office. When the Post Office relocated across Lone
Oak Road, around 1977, St. John Neuman Church occupied the building. In December 1980,
Eagan Montessori and Child Care began occupying the building. Then in 1989, a Special Use
Permit was approved to allow St. Thomas Becket to temporarily locate at this facility while its
permanent location was in the development process. An Interim Use Permit was issued for the
temporary location for Aspen Hills Church in 1994. In the fall of 1996 the building was razed to
accommodate the Lexington Commerce Center proposal.
Marvin and Renata Rahn own the unplatted 2.7 acres, south of Lots 1-5, Block 5, Eagandale Center
Industrial Park No.3. The house was constructed in 1963.
Planning Report — Lexington Commerce Center
May 27, 1997
Page 3
EXISTING CONDITIONS
The site is located at the southeast intersection of Lone Oak Road and Lexington Avenue. The
southern half (Rahn property) has moderate to steep slopes and is approximately 20 feet lower in
elevation than the northern portion of the proposed lot. Mature trees surround the existing Rahn
house while the northern portion of the site is open with only a few trees located on it. The
Steininger property located south of the subject site is zoned A - Agriculture and is guided
industrial.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North: Crate Prospects; zoned I-1; guided IND -Industrial.
South: Single family dwelling, Steininger Construction Co, Inc.; zoned A; guided IND
East: Lexington Business Center; zoned I-1, Limited Industrial; guided IND.
West: Vacant; zoned PD, Planned Development; guided IND.
EVALUATION OF REQUEST
Preliminary Plat
Compatibility with Surround'n_g Area — The area surrounding this site has either developed with
industrial uses, or is guided for industrial type uses. An office warehouse appears consistent with
the existing and proposed development in this general the area.
Lots — Lot 1, Block 1, Lexington Commerce Center is proposed to be 291,722 s.f or 6.69 acres.
Site Plan - The orientation of the proposed 89,986 s.f single story, office/warehouse building fronts
Lexington Avenue. Parking is located on the west third of the lot between the building and
Lexington Avenue. Required parking for this size and use of building is 201 stalls. The developer
has proposed 191 ten foot wide stalls, and proof of parking for the remaining 10 stalls. Those
spaces are located on the east property line (or rear portion of the lot). The eastern third of the site
is the staging area for the tractor -trailers. Eleven docks doors are located on the east side of the
building.
Landscaping - The proposed landscape plan is acceptable. A variety of spruce and junipers are
shown along the south side of the access drive to alleviate any potential conflict with the Steininger
home south of this site. Additionally, five 6' Black Hills spruce and five 6' Colorado spruce trees
will be located off-site north of the Steininger property near the house.
Reconsideration to the salt tolerance of a few species (i.e. Red Splendor Crabapple, Sugar Maple
and Hackberry) indicated along both of the County roads should be given.
/3(o
Planning Report — Lexington Commerce Center
May 27, 1997
Page 4
Gradin ,/Wetlands: The preliminary grading plan is acceptable with some modifications. The
site slopes to the southeast and is generally open. The maximum proposed cut is approximately
21 feet and the maximum fill is 12 feet. The proposed building pad will be approximately 2 to 8
feet in elevation below Lexington Avenue and Lone Oak Road.
There are no jurisdictional wetlands.
Storm Drainage/Water Ouality: The preliminary storm drainage plan is acceptable. Storm water
runoff will drain via a private internal storm. sewer system to a proposed water quality pond in
the southeast corner of the site which will drain to Pond EP -5 within Eagandale Center Industrial
Park No. 3 east of the site. EP -5 drains to existing storm sewer within Neil Armstrong
Boulevard and Apollo Road and eventually to Pond EP -1, a storm water basin classified as a
Class 5 Nutrient Trap in the City Water Quality Management Plan. A portion of the proposed
water quality pond lies within Parcel 010-28 south of the site.
Water quality will be met by a newly constructed on-site pond. The treatment pond shown on the
plans is undersized. Any shortfall in the on-site pond should be made up through a supplemental
cash dedication.
Utilities: The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient
size, depth and capacity is readily available for connection by this development along the north
and east edges of the site.
Streets/Access/Circulation: Dakota County has indicated that public street access for the
development will be allowed from two locations; one onto Lexington Avenue (Dakota County
Road 43) in direct alignment with Clubview Drive and another onto Lone Oak Road (Dakota
County Road 26) in the very northeast corner of the development. As a condition of driveway
access onto Lone Oak Road, Dakota County will require the construction of a right -turn lane into
the site from eastbound Lone Oak Road.
Easements/Permits/Right-of-Way: The preliminary grading plan indicates grading on the
adjacent parcel to the south, Parcel 010-28, and to the east, Lot 6, Block 5 - Eagandale Center
Industrial Park No. 3. The developer should obtain grading easements from these adjacent
parcels prior to final plat approval.
The proposed access onto Lexington Avenue is through Parcel 010-28 south of the development.
The developer should obtain private ingress/egress easement from Parcel 010-28 prior to final
plat approval. A Dakota County permit will be required for all proposed work within Dakota
County right-of-way on Lexington Avenue and Lone Oak Road.
The developer should obtain adequate drainage and ponding easement for the proposed storm
water basin in the southeast comer of the development from the adjacent property, Parcel 010-28.
/,37
Planning Report — Lexington Commerce Center
May 27, 1997
Page 5
This easement should incorporate the calculated high water level on the storm basin plus three
feet.
Tree Preservation — As proposed the tree preservation plan is acceptable. The proposed
development will result in the removal of 100% of the significant woodlands and the removal of 47
significant trees (70% of the total). The significant trees to be preserved include six oak trees
ranging in size from 14" to 21" diameter) nine pine (5"-11") a spruce and hackberry both over 10"
and three cottonwoods (12" to 22"). These trees will be preserved in five clusters along Lexington
Avenue, utilizing retaining walls, and incorporated into the landscaping plan.
Mitigation of the removal amount over the 30% will be provided by 25 Category A trees and 36
Category B trees. This combination satisfies the tree preservation ordinance.
Parks and Recreation - The Advisory Parks Recreation and Natural Resources Commission
(APRNRC) discussed this item at its May 13,1997 meeting. It recommended a cash park and trail
dedication. The developer is choosing to install the trail at the time of construction, which will
satisfy the trail dedication.
Rezoning
Opus Northwest is requesting a Rezoning of 2.7 acres from A, Agriculture to I-1, Industrial.
Marvin and Renata Rahn presently own and reside at 3050 Lexington Avenue (parcel 10-01100-
010-25). The rezoning request made by the developer is compatible with not only the City's
Comprehensive Land Use Guide Plan designation of IND industrial, but is also consistent with the
way the surrounding properties have developed.
Variance
Setbacks — The developer is requesting a variance of 40' to the required 100' buffer setback when a
I-1 district abuts an Agriculture district. The developer is proposing a 60' building setback from the
side (south) property line. Although the property located to the south is zoned Agriculture, it is
guided and used as an industrial property in addition to a single-family residence. When this
property is ultimately rezoned to industrial and developed the 100' designation will be no longer be
required and typical I-1 setback will be required.
The minimum setbacks in a Limited Industrial district are 40' minimum from a public street, 20'
side yard setback, and 30' rear yard setback. The proposed sideyard setback shown on the plans is
60'. This exceeds the minimum setback requirement in a Limited Industrial district by 40'.
All other building and parking setbacks have been met.
Planning Report — Lexington Commerce Center
May 27, 1997
Page 6
SUMMARY/CONCLUSION
The proposed rezoning is consistent with the comprehensive land use guide plan. The plat creating
the one lot generally meets the findings as set forth in Section 13.20, Subd. 6, as outlined on pages
1 & 2 of this report, and the proposed use of an office warehouse appears compatible with the
surrounding uses and zoning in the area.
Although the Steininger property is designated in the Comprehensive Guide Plan as Industrial and
used for a single family residential and industrial use, the developer has reconfigured the shape of
the building, removing all parking from the southern portion of the building as requested by
Steininger's, and through landscaping the southern portion of the access drive to minimize any
negative impacts the property owner to the south might experience. The developer will also add ten
spruce trees (providing year round screening) north of the Steininger's home.
ACTIONS TO BE CONSIDERED
Rezoning:
A. To recommend approval or denial of the proposed Rezoning of 2.7 acres from Agriculture to I-
1, Limited Industrial for Parcel No. 10-01100-010-25.
Plat:
B. To recommend approval or denial of the proposed Preliminary Plat (Lexington Commerce
Center) of one lot located south of Lone Oak Road, east of Lexington Avenue in the NW1/4 of
Section 11, subject to the following conditions.
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993:
Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, F1,G1, & H1
Tree Preservation
2. The developer shall install 42 Category A trees or 84 Category B trees or 168 Category C
trees as mitigation for the significant tree and woodland removal in excess of allowable
limits.
3. The developer shall follow Tree Protective measures (i.e. 4 foot polyethylene laminate
safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone,
whichever is greater, of significant trees/woodlands to be preserved.
4. The developer shall contact the City Forestry Division at least five days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan.
Planning Report — Lexington Commerce Center
May 27, 1997
Page 7
5. The developer shall meet the water quality treatment requirements primarily through on-site
ponding. A supplemental cash dedication should be required to meet any shortfall in on-
site ponding.
Park Dedication
6. The developer shall be subject to a cash parks dedication.
7. The developer shall be subject to a cash trail dedication that shall be satisfied through the
construction of the trail along Lexington and Lone Oak Road.
Easements
8. The developer shall obtain grading easements from adjacent properties for any grading
which extends beyond the limits of this property (proposed Lot 1, Block 1, Eagandale
Center Industrial Park No. 13).
9. The developer shall obtain private ingress/egress easement from Parcel 010-28 for the
proposed entrance from Lexington Avenue prior to final plat approval.
10. The developer shall obtain adequate drainage and ponding easement for the proposed
storm water basin in the southeast corner of the development from the adjacent property,
Parcel 010-28. This easement shall incorporate the calculated high water level on the
storm basin plus three feet.
Variance:
C. To recommend approval or denial of the proposed Variance of 40' to the required 100' building
setback when a Limited Industrial district abuts an Agricultural zoning district.
/�
o
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall -accept its additional financial obligations as defined
in the staffs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10 foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -0f --way as required by the alignment, depth, and storage
capacity of all required public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
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 plus three (3) feet as
necessitated by storm water storage volume requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
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 ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. Other
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25 1987
LTS#5
STANDARD.CON
City Council
September 15 1987
Revised: July 10, 1990
Revised: February 2, 1993
/�2
FINANCIAL OBLIGATION — Lexington Commerce Center
There are pay-off balances of special assessments totaling $50,719 on the parcels proposed for
platting. The pay-off balance will be allocated to the lots created by the plat.
At this time, there are no pending assessments on the parcel proposed for platting.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
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 the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement
Use
Rate
Quantity
Amount
Water Trunk
C/I
$1,810/Ac
2.55 Ac
$ 4,616
Water Availability Charge
C/I
2,855/Ac
2.55Ac
7,280
Lateral Benefit Water
C/I
5.45/ff
261.40 ff
1,425
Storm Sewer Trunk
CJI
.042/sq ft
111,095 sq ft
4.666
Total
J1Z._9
11.3
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City of Eagan Community Development Depatnent
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Lexington Commerce Center
Preliminary Subdivision and Rezoning
Case No. 11 -PP -2-1-97 N
Case No. 11 -Me -5-1-97 700_ 0 'W Fee
ofEagm
Zoning Map
Currant Zoning
1-1 Limited Industrial
Lexington Commerce Center
E
Case No. 11 -PP -02-01-97 �,,
Case No. 11-RZ-05-01-97
700 o 7M 140D Feet
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*C,w�� Comprehensive Plan Map
cA
9
Guide Plan Designation
IND limited Industrial
Lexington Commerce Center
Case No. 11-P P-02-01-97
Case No. 11-RZ-05-01-97
City of Eagan Community Development Department
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CITY OF EAGAN
3880 Pilot Knob Road
A Eagan 'MN 55122
(612) 681-4500
APPLICATION FOR ON SALE LIQUOR LICENSE
EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a
partnership, a partner shall execute this application. If this is a first application attach a copy of the articles
of incorporation and by-laws.
Applicants Name (Business, Partnership, Corporation)
Trade Name or DBA
Wheatstone Restaurant Group, LLC
Houlihan's
Business Address
Business Phone Applicants Home Phone
18202 Minnetonka Blvd.
(6121476-2600t
City
County $big Zip Code
Deephaven
Hennepin MN 55391
Name of Restaurant Manager
Manager DOB License period
Michael J. Brandt
From: To:
5/11/59 Date of 0 ennin
to 12/31/97
If a corporation,give name,title,address,phone numbers and date of birth of each officer. If a partnership,give name, address,phons
m r end date of birth 9f each jDartner.
PertneNOficer Full Name and Tille president/
Lucius L. Fowler (Chief Executive
Officer) 476-2600 443-3312
11/7/55
Address
Business Phone Home Phone
DOB
18202 Minnetonka Blvd. Deephaven, MN 55391
Partner/Officer Full Name and Title
Gregory R. Kirkpatrick (Sec/Treasurer)
476-2600 475-3574
10/21/51
Address
Business Phone Home Phone
DOB
18202 Minnetonka Blvd. Deephaven_,
MN 55391
Partner/Officer Full Name and Title
Address
Business Phone Home Phone
DOB
LICENSE TYPE:
% ON -SALE RESTAURANT ON -SALE HOTEL ON -SALE CLUB
5, 0 0 0 SgFtAmount floor area Amount floor area/ Amount floor area/
dining room(s) dining room(s)
2 71 Number seating * Seating/dining room(s) Seating/dning room
All Open Hours food available Hours food available Hours food available
Appr. 75 Number employees Number of guestrooms
* See attae14-mea s -fit :; _
FOR CLUB LICENSE ONLY:
Date of Incorporation:
Purpose of Club:
Number of members, 10
Oks-m- oarl of Directors_Mansaer
Full Name Address DOB
Full Name Address DOB
Full Name Address DOB
During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802?
4, Yes R No If yes, attach summons copy.
Has Applicant or any of the Associates been convicted during the past five years of any violation of federal,
state or local liquor law?
Yes X No If yes, give dates and details.
Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes X No If yes,
give reasons.
Have you ever had a ice nse suspended or revoked? Yes X No If yes, give dates and reasons
for action.
What vendor of amusement devices will have machines on the premises?
N/A
Name of vendor Address of Machines
D e s c r i b e p r o p o s e d
entertainment:
DOCUMENTATION:
Provide two copies of Articles of Incorporation for each corporation with financial involvement.
Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the
business, partnership or corporation. The statement must be prepared by a CPA.
Complete a general information form for each business, partnership or corporation.
Complete a personal information form for each person who has a five percent (5%) interest in the
business,partnership or corporation.
Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action.
Provide Certificate of Insurance covering liquor lability.
2 ci
Date Apph6dnt
Subscribed and sworn to before me
U US L. Toler
this I day of , 191L Notary
^Ah&WZ# 1,,�, Notary P r �(n
WWP,
OTARY PUSIX MINNESOTA L•7 � w(pires: ' 511 a000
RAMSEY COUNTY
darn Jrn 9 f ,
POLICE DEPARTMENT REPORT
Comments:
Date -Department Title Signature
CITY OF EAGAN
3834 PILOT KNOB ROAD
FAGAN, MINNESOTA SS122
SUNDAY ON SALE LIQUOR LICENSE
New X
Renewed
License No.
I, Lucius L. F6w,1er
(Name of person making application) ' as
Chief Executive Officer /President
(Individual owner, officer or partner) ,for and in
behalf of Wheatstone Restaurant Group, LLC dba Houlihan's
(Myself, names of partners, name of corporation or association)
hereby submit this application for a special Sunday On Sale liquor license
to run coextensive with the license year of our on -sale liquor license
DO -Applied For for the period frOm'Date of Openi;n OUgh 12/31/97
in support of this application the information Pcontained in our on -sale
liquor license application is hereby adopted.
tore of person
application)
FOR Wheatstone Restaurant Gro
.(myself, names of partners, name of co ration ,
rP° or association)
CITY OF EAGAN
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122
PART I - GENERAL. INFORMATION
DIRECTIONS: This form must be filled out in duplicate with typewriter or by printing in ink. If the application is by a
natural person, by such person; if by corporation, by an officer, thereof; if by a partnership, by one of the partners; if by
an unincorporated association, by the manager or managing officer thereof. (Personal information forms must be filled
out and attached for each individual whose names appear on this application).
I. NAMEOFAPPIICANT: Wheatstone Restaurant Group, LLC
TYPE OF APPLICANT: Individual Partnership Corpora don/Association X Other LLC
2. Name under which applicant will be doing business (Name of restaurant or hotel); business address and telephone
number:
BUSINESS NAME Houlihan`s
BUSINESS ADDRESS 1294 Promenade Place
Street
PHONE To be Determined
Eagan t 55121-2299
City State Zip
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL
NAME OF THE APPLICANT, ATTACH A COPY OF THE CERTIFICATE AS REQUIRED BY CHAPM 333, MINNESOTA
STATUZFS, CERTIFIED BY THE CLERK OF THE DISTRICT COURT.
3. (a) INDIVIDUAL: state name, residence, business address and telephone numbers.
NAME N/A
First Middle Last
RESIDENCE ADDRESS
Street
City State
BUSINESS ADDRESS
Street
City State
PHONE
PHONE
- Zip
Zip
(b) The name, residence address and telephone number of the manager, proprietor or other agent in charge of the
individual owner's premises to be licensed.
NAME Michael JoseEh Brandt
First Middle Last
PHONE 731-9336
RESIDENCE ADDRESS 3561 Williamsburg Ba
Street
Woodbury MN 55129-9348
City State Zip
` 4. (a) LLC . state name, residence, business address, telephone numbers and interest of each member.
NAME Northcott Company INTEREST_ 44
First Middle Last
RESIDENCE ADDRESS PHONE
Street City -State -Zip
BUSINESS ADDRESS 1,q?0? Minnetonka Rlvd Dee hn avaD, MN 553.91 PHONE 47(,-966()
Street City -State -Zip
NAME Ash Creek, LLC IIITERFST 1
First Middle Last
RESIDENCE ADDRESS PHONE -
Street City -State -Zip
BUSINESS ADDRESS 18202 Minnetonka, Blvd. Deephaven, MN 55391 PHONE 476-2600
Street City -State -Zip
NAME INTEREST %
First Middle Last
RESIDENCE ADDRESS PHONE
Street City -State -Zip
BUSINESS ADDRESS PHONE
Street City -State -Zip
(b) The managing partner will be: Northcott Company
(c) The name, residence address and telephone number of the manager proprietor or other agent in charge of the
partnership's premises to be licensed.
NAME -Michael Joseph Brandt
First Middle Last _
RESIDENCE ADDRESS 3561 Williamsburg Bay Woodbury, MN 55129 PHONE 731=9336
Street City -State -Zip
IF THE APPLICATION IS FOR A PARTNERSHP, ATTACH A TRUE COPY OF THE PARTNERSHIP AGREEMENT AND A
COPY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, )IVIIr NESOTA STATUTES,
CERTIFIED BY THE CLERK OF DISTRICT COURT.
S. (a) CORPORATION/ASSOCIATION: give name of corporation or association, address, phone number and state of
incorporation.
NAME ,, , „ STATE OF INC/ASSOC
ADDRESS PHONE
Street City -State -Zip
7
6. State the exact legal description of the premises to be licensed. Applicant must also submit a plat plan of the area
showing dimensions, location of buildings, street access, parking facilities, and the locations of and distances to the
nearest church buildin and public school grounds.
See attachment #1
7. How are the premises classified under the Eagan Zoning Ordinance?
Commercial
S. State name, residence, business address and telephone numbers of owner or owners of the building wherein the
licensed business will be located, if owner is other than the applicant.
NAME N/A
First Middle Last
RESIDENCE ADDRESS
BUSINESS ADDRESS
Street
PHONE
City -State -Zip
Street City -State -Zip
9. Where building is owned by other than applicant, state in summary conditions of lease agreement -term of years,
monthly rental, etc. (A true copy of the lease shall be attached). N/A
10.1f building is owned by individual applicant, partnership, corporation or association state:
(a) Date of purchase 6/15/1997 (est. ) Opus Northwest L.L.C. 800 Opus Center
(b) Name and address of person purchased from 9900 Bren Rd E. Minnetonka, MN 55343
(c) Purchase Price 5 2,672 '000 Name Street City -State -Zip
(d) Amount of down payment 5 800; 000 (equity)
(e) Who currently holds mortgage? N/A
(f) Amount of Contract for Deed S N/A
(g) Who currently holds Contract for Deed? N A
(h) Tenn of Mortgage 20 years
(i) Term of Contract for Deed N/A
0) Rate of Interest on Mortgage or Contract for Deed ox . 10 $
(k) State the rate at which Mortgage and/or Contract for Deed is being liquidated N/A
(1) Are the payments on Mortgage and/or Contract for Deed up to date? N/A
11.State the gross amount of the investment that the application has in the business premises, including fixtures, furniture,
stock in trade, etc. Estimated at $800,000
12.Give full name, address, telephone number and the nature of the interest, amount thereof, terms of payment or other
reimbursement, of all persons, other tharr the applicant, who have any financial interest in the business, buildings,
premises, fixtures, furniture, or stock in trade. (This shall include, but not be limited to, any lessees, lessors,
mortgagees, mortgagors, lendors, lien holden, trustees, trustors and persons who have co-signed notes or otherwise
loaned, pledged, or extended security for any indebtedness of the applicant). COPIES OF LOANS, NOTES,.ETC. SHALL
BE SUBMITTED.
See attabhinent. #2
13.State the floor number, street number, gerieiar 'area; arfd We rooms -where iiitohfatmg liquor is to be sold and
consumed. (Applicant shall attach a floor plan of the dining rooms showing dimensions and indicating number of
persons intended to be served in the dining rooms, and indicating and identifying all other rooms and other areas
where intoxicating liquor is to be sold and consumed). PLANS SHALL BE DEVEI.n^ED AND SUBMITTED.
1294 Promenade Place Liquor to be served in dining room/bar area
Eagan, MN 55121-2299 See attachment.#3
4
W
14.What permits required by the Federal government by the Laws of the United States have been applied for or issued
for the premises? In what name were these applied for or issued and what is the nature of the permit?
None
15 -What permits or licenses required by the State government by the Statutes have been applied for or issued for the
premises? In what name were these applfcd for or issued and what is the nature of the permit or license?
None at this time.
16.Are any real estate taxes, personal property- taxes, special assessments, other financial claims of the City of Eagan
delinquent or unpaid for the premises; to be licensed? YES NO X if Yes, give details, including the years
for which such taxes or assessments are unpaid.
17 -Name, residence address, business address and telephone numbers of three persons, residents of Twin City Metropolitan
area, of good moral character, not related to the applicant or financially interested in the premises or business; who
may be referred to as to the applicant's character.
NAME Mark
First
RESIDENCE ADDRESS
Middle
Street City -State -Zip
BUSINESS ADDRESS 601 2nd Avenue S. M;D l_ s MN 55402
Street City -State -Zip
Knutson
Last
PHONE
PHONE 97'i-n7u
NAME Robert J.
r
First Middle Last
RESIDENCE ADDRESS
Street City -State -Zip
BUSINESS ADDRESS 4800 Norwest C t r 9 0 J
Street City -State -Zip
PHONE
5540 10 347—ng6s
NAME Mitchell
First Middle Last
RESIDENCE ADDRESS
Street City -State -Zip
BUSINESS ADDRESS4800._Norwest Ctr. 90S 71h Et,_MN
MPIR
Street City -State -Zip
STATE OF LrauoDb.
)ss.
COUNTY OF )
PHONE
554WNE 347-n291
U I U S L • being first duly sworn, upon his oath deposes and says that he is the person
who has executed the above application and that the statements made therein are true of his own knowledge and belief.
Subscribed and sworn to before me
this 4-A day of 1 .
My commission expires 1 13 t I ? Dad —19—
L,
9
Signed —Notary Public, County
L. Hq 9.90
NOTARY PUBLIC -MINNESOTA
RAMSEY COUN7Y
r', '.amm ExrnrasJen 31 if1<10
Omega Omega Omega
Trust #I Trust #2 Trust #3
33%
33%
33%
Ash Creek, Pipestone,
LLC LLC
5 0 * o Z5 0 -%Z.
Northcott
j I Company
'°'° {S. D. Partnership
W%
Wheatstone
Restaurant
Group, LLC
33%