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11/05/1987 - City Council RegularAGENDA REGULAR MEETING EAGAN 'CITY COUNCIL EAGAN, MINNESOTA CITY HALL THURSDAY, NOVEMBER 5, 1987 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - CANVASS BALLOTS OF NOVEMBER 3,1987 ELECTION IV. 6:45 DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT 1. Fire Administration/Community Room Building - Reroofing B. PARKS & RECREATION DEPARTMENT 1. Highview Shelter Building C. PUBLIC WORKS DEPARTMENT T1. Special Assessment Policy 82-2 Clarification V. 6:55 - CONSENT AGENDA �Lo A. PERSONNEL ITEMS •.�3 B. LICENSE, Wildwood Sanitation, Refuse Hauler C. PLUMBERS LICENSE D. LICENSES, Finaserve, Inc., 3150 Dodd Road Service Station and Cigarette -a� E. GAMBLING LICENSE, Multiple Sclerosis, Valley Lounge ,22 F. APPROVE FINAL PLAT, Dallas Development 2nd Addition p 2,( G. PROJECT 518, Eagan High School Addition, Receive Report/Order Public \ 1 Hearing p2'AH. APPROVE FINAL PLAT, Stuart's 2nd Addition 1(DI. STATE AID, Municipal State -Aid Fund Transfer P-)8 J. AIRPORT RELATIONS COMMITTEE, Resignation of Gary Campbell �.30 K. VACATION, Street/Utility Easement, Lot 6, Block 6, Oak Cliff Addition VI. 7:00 - PUBLIC HEARINGS -131 A. VACATION; Lot 1, Block 4, Oak Cliff 1st Addition, Utility Easement B. PROJECT 519, Town Centre 70 & 100 (Streetlights) to be Continued to December 1, 1987 3L} C. PROJECT 520, Manor Lake Addition (Trunk Utilities) }�5 3 D. PROJECT 512, Cutters Ridge Addition, (Trunk Utilities) E. PROJECT 452R, Pond AP 50 (Storm Water Outlet) 1 VI�I7. OLD BUSINESS A. REQUEST FOR RECONSIDERATION, Beautiful Savior Lutheran Church Addition, Final Plat Approval Requirements B. VARIANCES, Surry Woods & Bridle Ridge, Sienna Corporation, Front Yard Setbacks VIII. NEW BUSINESS V_3A. COMPREHENSIVE GUIDE PLAN AMENDMENT, Cliff Lake Galleria & Towers, Ryan/Hoffman Joint Venture AMENDMENT TO PLANNED DEVELOPMENT AGREEMENT PRELIMINARY PLAT, 99.99 Acres for 3 Lots Containing a Strip Shopping Center and 5 Outlots for Future Development B. COMPREHENSIVE GUIDE PLAN AMENDMENT, Eagan High School Addition, Independent School District #196 REZONING, A (Agricultural) to PF (Public Facilities) PRELIMINARY PLAT, 89.96 Acres for a Combined Middle and High School z GRADING PERMIT REZONING, Cutters Ridge, Graham Development, A (Agricultural) to R-1 (Single Family) PRELIMINARY PLAT, 11 Lots on 4.35 Acres Including Outlot A D. WAIVER OF PLAT, Oakcliff 3rd Addition, Robert Schlangen, To Combine ` (( North 1.76 Acres of Outlot A with Lot 1 of Oak Cliff 3rd Addition E. WAIVER OF PLAT, Pond View Planned Development, TXI, Inc., to Combine 4 Existing Parcels Into 2 Separate Parcels 2 3�, F. WAIVERS OF PLAT (DUPLEX LOT SPLITS), Cinnamon Ridge 3rd & 4th Addi- tions, DeVries Builders, Inc. IX. ADDITIONAL ITEMS A. PUBLIC IMPROVEMENT CONTRACTS 1. Contract 87-42, Approve Plans/Authorize Ad for Bids (Salt Storage Building) 2 �l 2. Contract 87-1, Change Order #1, Central Landscaping, Inc. X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT 2 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 23, 1987 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 5, 1987 After approval is given to the November 5, 1987 agenda, and regular City Council meeting minutes for October 20, 1987, special City Council meeting minutes for October 13, the following items are in order for consideration. CANVASS NOVEMBER 3, 1987 MUNICIPAL ELECTION Action is required by the City Council to canvass the election results for 'the November 3, 1987 municipal election. DEPARTMENT BEAD BUSINESS A. FIRE DEPARTMENT: Item 1. Fire Administration/Community Room Building, Reroofing -- The 1987 budget for Government Buildings allocated $8,000 toward roof repairs and reroofing of the Fire Administration Building. The Building Inspections Department arranged to receive two contractor proposals for the reroofing of this building. Both contractors estimated extra insulation, shingles, and repairing any water damaged roof decking, as well as estimating membrance roofing material in lieu of shingles due to the low slope of the building and the valleys with a low slope. Both contractors estimated the cost at $27,000 to $28,000 plus an additional amount per square foot for replacing damaged decking. Of course, we have not as yet requested plans and specifications or a formal bid but it would appear that these costs will far exceed our budget. The Fire Administration has had roofing problems for many years resulting in continued damage to the roof decking. However, because of the high estimates, an alternate plan may be to patch the roof again this year and budget a more realistic amount next year. It is recommended that, as a minimum, repairs should be made and the work performed before winter. ACTION TO BE CONSIDERED ON THIS ITEM: To 1) approve or deny the preparation of plans and specifications and authorize advertisement for bids for reroofing the Fire Administration/ Community Room Building OR 2) approve the repair of the existing roof before winter with the intention of increasing the budgeted amount for reroofing next year. I B. PARRS & RECREATION DEPARTMENT: Item 1. Highview Park Shelter Building --Earlier this year, the Advisory Parks and Recreation Commission recommended that the hockey rink and shelter building at Highview Park be removed due to their poor condition and low skater usage. The City Council agreed with the recommendation that the hockey rink be removed but elected to leave the building for possible use by residents for skate changing. Recently, department staff has expressed concern regarding the q- retention of the shelter building. Enclosed on pages,_ and is a report from Park Superintendent VonDeLinde. Because of its condition and appearance, it is the concensus of the Department that the structure be removed. Lights for the open skating rink will remain, controlled by a photo -electric eye and time. Benches will also be provided close to the skating rink. Because the rink is in a low depression, the impact of prevailing winds is somewhat minimized. If neighborhood requests warrant, the City should be prepared to erect a windbreak of some type. This is not as suitable as an enclosed shelter, but may be sufficent given the history of skating use at this facility over the last several years. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to staff regarding the Highview shelter and approve or deny removal of the Highview Park shelter at this time. 2 MEMO TO: KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: JOHN VONDELINDE, SUPERINTENDENT OF PARKS DATE: OCTOBER 13, 1987 SUBJECT: HIGHVIEW PARK WARMING SHELTER At the most recent staff meeting (Friday, October 2nd,) you will recall that a discussion took place regarding the status of the warming shelter at Highview Park. Having given this issue further review, I would like to suggest that serious consideration be given to removing the warming shelter prior to the forthcoming skating season. In this regard, several related comments are offered for your review, as follows: 1. Unlike most sites, winter use levels experienced at Highview Park have been slowly declining for the past few years. In reflection of this trend, the parks maintenance division recently removed the hockey rink from this park consistent with the approved site development plan. This change will likely result in a shift of programmed uses (such as broomball leagues) to another site within the system, i.e. Quarry Park. This factor will undoubtedly contribute further to declining use levels at this site. 2. For the upcoming winter skating season, Highview Park will be classified as a "pleasure rink" site. Accordingly, maintenance and operation of the site will be consistent with this classification. It has been the ongoing policy of the Department to not provide on-site attendants for "pleasure rink only" sites. Other examples of pleasure rinks without warming shelters and attendants include Country Home Park, Evergreen Park, Cedar Pond Park, and Burr Oaks Park. 3. There is an inherent liability associated with leaving a building of this nature unattended during the winter months. Naturally if the building is there some people may want to use it and force entry in order to do so. An unattended building will likely only increase the opportunities for vandalism and depreciative behavior, contributing further to the deteriorated condition of the structure. Further, the thought of a closed warming house on a cold day is probably worse than no warming house at all; a public relations consideration. 4. The warming shelter is in need of several repairs including: new door casing, roof repairs, replacement of floor boards, and new security light. The cost of making these repairs could be several hundred dollars, not including commitments of maintenance staff time. Additionally, the building superstructure is in such a condition that moving it to another site is not a practical alternative. 5. Finally, the aesthetics of this building within the park is another issue. During the past few years, many improvements have been made to the park, (as you are aware) such as playground equipment, tennis court upgrades, landscape enhancements, ballfield improvements, and re -grading in the area of the old hockey rink. These improvements have enhanced greatly the appearance of the park, and have added to the intrusiveness of this building on the site. G KEN VRAA PAGE 2. OCTOBER 13, 1987 For nese reasons, it is suggested that consideration be given to removing the Hig ne\building within the near future. I'll look forward to any further dir ion that you may have. K. o eLinde rintendent of Parks JKV/nab Agenda Information Memo November 5, 1987 C. PUBLIC WORKS DEPARTMENT: Item 1. Special Assessment Policy 82-2 Clarification --Enclosed on page is a letter received from Meritor Development referencing a pro osed development located between Thomas Lake Road and Mallard Park Addition north of the Thomas Lake Center commercial district and south of the Highline Trail. Their request for consideration of additional assessment obligations based on the proposed use of the property rather than the permitted use under the zoning is very similar to the typical situation covered under Special Assessment Policy 82-2 enclosed on page Y . However, the developer is requesting consideration of not th'e final land use as it relates to zoning classification, but rather the final density comparable to the single-family development. In essence, the developer is requesting single-family zoning consideration for special assessments for a multiple density development was greater than normal open space. Enclosed on pages and are maps showing the location of these parcels. The ratio of open space to dwelling units (IE Density) was not specifically anticipated in the preparation and/or application of Policy 82-2. It is anticipated that Mr. Larry Frank will be present to provide an additional explanation regarding his request. The Public Works Director will be available to clarify issues as they may arise. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the calculation of additional assessment obligations based on density rather than development zoning for Parcels #10-02800-011-52 and 10- 02800-012-51. 5 Meritor Development Corporation 3800 West 80th Street, Suite 1200 Bloomington, MN 55431 612-921-5950 a September 15, 1987 Mr. Tom Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 Dear Tom, I am hereby requesting you to instruct Jerry Wobschall to do an assessment review for our company for Parcels 10-02800-011-52 and 10-02800-012-51. These two parcels combined create a parcel of about 40 acres which is adjacent to Thomas Lake Road between Cliff Road and Diffley Road. I am aware that there will be a fee for this research and will pay for any costs incurred. Sincer ly, Larr D. Frank Assistant Vice President 921-5951 LDF:fbe POLICY # 82-2 EXISTING LAND USE VS ZONING SUBJECT: Assessments against land whose present use is different from the current underlying zoning. POLICY: Where the existing land use is different (less than the high- est and best use permitted by current zoning) than the current underlying zoning, all trunk area and/or lateral benefit assess- ments against the property in question shall be levied in ac- cordance with the current underlying zoning and not in accor- dance with the current land use unless the attached standard agreement is notorized and executed by all persons holding in- terest in the title to the property. Future rates would be cal- culated in accordance with Policy 82-1. OBJEC'T'IVE: The purpose of this policy is to provide a method by which pro- perty owners whose land is developed at a use that is less than permitted by the current zoning, may receive consideration for assessments being levied in accordance with the property's pre- sent use and defer the additional assessments until the current use is upgraded to a use permitted by the underlying zoning. JUSTIFICATION: While trunk utilities are planned, designed and constructed based on the highest and best use of all property in the City in accordance with the Comprehensive Guide Plan and/or current zoning, their benefit is not fully realized by land that is presently developed at a use less than allowed by the current zoning. Further, if the property is presently developed at a different use, it is assumed that it would not change in the foreseeable future. Reviewed and acted upon by: CITY COUNCIL: SPECIAL ASSESSMENT M]MTTI'EE: i` Approved "7-,-P­Date X Approved 6-14-82 Date Denied Date Denied Date MINIM H. LIRSON •/` T2G CDUNTT SUWVETDN DAKOTA CDUYTT.YINN. SEC.8,t1 ` ' ' JaNVawt, IlTJI r - IV iNE---T_-TR �{ ;R.�" I cuaDe rEooI \ J o ••�i-""' I _ PART of ol!•7e I ... , i City, of. EoOen .»..... •.............»w ........... »a.... » ...-. Pon o OIS-SO I 1 I y f v I /• 01-60 a i 1 _ I JJJ �1NC FA �, •.� �•,� 011-91 _� DarvE '�,•? j �'�TG _ �• 2�z_fia. j Dun 0 ��M a Nlll � �� • O11 -e! / y tir •• _+' �E�ER�L gUS).JEsr L S 9 MsPT '25P- t( -.1 C.S.A.H. 30 blackhaw par eagan minn EAGAN REALTY - INC. 4194 KNOB CIRCLE EAGAN, MN 55122 452-1561 Land Use & Park and Open Space Residential RIE (i uta) R-1 (2 uta) R-2 Mix. Res. (3- 6 u/a) R-3 Mix. Res. (6-12 u/a) R-4 Multiple (12 + iia) R-3 19.0 ac. ::SOLDH :!! �O.Wa . 0own" w X a— 'aft j;- & ';;SOL�"' ' ::SOLDH :!! �O.Wa tttltitfittt ----------t 2-11.58 . a Community Center Par R-3 R-4 ParkThomasLake Park 10.0 ac. 7.6 ac. 15.9 R-4 10.0 ac. ittt tooll* - • s OLD C.S.-B.-G.B. • 30 ac. 1.,! . E�W. Thomas Lake co C5 L) E 1,0 CO. RD 32 a ■ 15.2 ac : � ;SOLD 43.60ac j;- & ';;SOL�"' ' 1,15 ac Elem. School 12 tttltitfittt ----------t 2-11.58 . a Community Center Par R-3 R-4 ParkThomasLake Park 10.0 ac. 7.6 ac. 15.9 R-4 10.0 ac. ittt tooll* - • s OLD C.S.-B.-G.B. • 30 ac. 1.,! . E�W. Thomas Lake co C5 L) E 1,0 CO. RD 32 a Agenda Information Memo November 5, 1987 CONSENT AGENDA There are eleven (11) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item I. Administrative and Planning Interns --In official action at the October 6, 1987 City Council meeting, the City Administrator was authorized to hire an Administrative Intern and a Planning Intern. The approval was given to the City Administrator because of the timing of the interview schedules. For the Council's information, the City Administrator approved the hiring of Michael J. Ridley as an intern in the Planning Department. Mr. Ridley's first day with the City of Eagan was Monday, October 19, 1987. The City Administrator also approved the hiring of Susan L. DeMarco as an intern in Administration. Ms. DeMarco's first day with the City of Eagan will be November 3, 1987. Both internships are temporary positions. There is no action required on this item. Item 2. Engineering Intern --The City of Eagan has been advertising for an Engineering Internship position. The deadline for applications was Friday, October 30, 1987. It is expected that interviews will take place prior to the City Council meeting on November 5, 1987. A name will be forwarded to the Council at that meeting for their approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of an Engineering Intern. Item 3. Salary Rate for Seasonal Ice Rink/Warming'House Attendants --The current salary rates for the temporary positions of ice rink/warming house attendants have been in effect for two years. It is the recommendation of Director of Parks and Recreation Vraa, Recreation Supervisor Peterson, and Administrative Assistant Duffy that new salary rates for these positions be established for 1988. Enclosed on pages through�� is a memorandum from Administrative Assists Duffy giving background information on this subject and including salary rate surveys from other communities. The recommended salary rates for ice rink/warming house attendants for 1988 would be: first year - $4.50 per hour, second year - $4.75 per hour, third year - $5.00 per hour, and fourth year - $5.25 per hour. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1988 salary rates for ice rink/warming house attendants as stated above. /v MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT DUFFY DATE: OCTOBER 26, 1987 SUBJECT: SALARY RATE FOR ICE RINK/WARMING HOUSE ATTENDANTS As you are aware, Personnel is currently reviewing the salary schedules for temporary/seasonal employees. In most cases, the current salary rates for these employees have been in effect for two or more years and need to be updated. A total proposed temporary/seasonal employee salary schedule for 1988 will be presented to you at a later date in 1987. However, there is one group of temporary/seasonal employees for whom it would be advisable to set the 1988 rate at this time. This group is comprised of ice rink/warming house attendants. The season for this group begins in late December and extends typically through mid-February. Therefore, it would be advisable at this time to set a 1988 rate which would actually begin in late December at the beginning of the skating season. The rates would also be in effect for the sliding hill attendants at Trapp Farm who would alternate their time between the ice rink and the sliding hill. The current salary rates for ice rink attendants have been in effect in Eagan for the past two years. These rates include a $4.00 per hour starting salary with a $.25 hour increase for each year the attendants return, to a maximum of $5.00. In surveying surrounding communities for their rates, I ascertained the following information: 1. The 1987 rates in Mendota Heights began at $3.75 per hour. They do not yet have 1988 rates. 2. The 1987 rates in Rosemount began at $4.00 per hour. They do not yet have 1988 rates, although they may use the same rate. 3. The 1987 rates in Inver Grove Heights began at $4.50 per hour. They do not yet have the 1988 rates. 4. The 1988 rate in Burnsville will begin at $4.65 per hour including a $.40 per hour bonus at the end of the season. 5. The 1988 rate in Apple Valley tentatively will begin at $4.75 per hour, with the possibility that they may begin at $5.00 per hour. The job market from which Eagan typically draws ice rink attendants has decreased as more small businesses and fast food enterprises open in the City with competitive wages. For instance, Arby's at Town Centre currently has a want -ad for full and part-time help quoting $4.00 - $4.50 + wages. Salary Rate Ice Rink/Warming House Attendants October 26, 1987 Page Two Therefore, a raise in salary rates would aid in attracting quality personnel for these City positions which have a great deal of public contact. It is the recommendation of Recreation Supervisor Peterson, Director of Parks and Recreation Vraa and me that the rates for the 1988 ice rink/warming house attendants be set as follows to become effective at the beginning of the skating season: 1st Year: $4.50 2nd Year: $4.75 3rd Year: $5.00 4th Year: $5.25 If you have any questions, please contact me. 401 Administr tive Assi tant HND/jeh Agenda Information Memo November 5, 1987 LICENSE/WILDWOOD SANITATION B. Refuse Hauler's License for Wildwood Sanitation --Daniel Theobald, representing Wildwood Sanitation of Newport, Minnesota, has requested a Rubbish Haulers license allowing them to do business within the City of Eagan. Enclosed on page is a copy of the license application. Wildwood Sanitation ashes to operate one truck in Eagan at this time. All fee and application requirements have been satisfied by the applicant. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a Rubbish Haulers License for Wildwood Sanitation of Newport, Minnesota. /,;3 3830 Pilot Knob Road CITY OF EAGAN 454-8100 P.O. Box 21-199 APPLICATION FOR LICENSE Eagwa, 55122 hereby make application for n ( name) tC ►� s H Ajers License for the yeartV % from. the city of Eagan. ] BUSI NESS ' . JDLRESS- NL'MBER� • If corporation or partnership: Name & address of partners or corporate officers: doh` t gout fjy�,v N"ll s, J�/lcuht/sllr<a� f di .K�tfli Municipalities presently licensed:_ bj l v T QA1e1A , ,to 51 PA i Ile Municipalities which have denied licenses to applicant: ISQ3�?I%Ei� OF-FEES=iIAND,;IREQUIREMENTS:r Z21=9 i 1. PLUMBING & CESSPOOL INSTALLER & OUTSIDE SEWER & WATER CONNECTIONS s MN Master Plumbers License # $2000.00 Bond & Certificate of Insurance. State Insurance No. State Bond No. 2. WATER SOFTNER LICENSE State Water Cond. Contractors License. No. Z •. $2000.00 Bond & Certificate of Insurance. 3. WELL DRILLERS LICENSE MN State License # $2000.00 Bond & Certi icate of Insurance: i RUBBISH, HAULERS .'LICENSE } �� -7.iuck,�:.$ �.-,;each. aclditional� truck�$2000 'OO,Bgnd & Certifat.of Insurance- ATFS E[JCIASE: SCHEDL?LE OF. L ALSO. 5. CIGARETTE LICENSE $25.00 a year each machine. r" NUMBER OF MACHINES 6. KENNEL LICENSE $50.00 Initial & $25.00 Renewal. MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a Calendar year period Jan. -Dec. and there is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: Agenda Information Memo November 5, 1987 PLUMBERS LICENSES C. Plumbers Licenses --Enclosed on page is a list of plumbers seeking licensing in the City of Eagan. The list of plumbers has been reviewed by the Chief Building Official and is found to be in order for consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of plumbers licenses as presented. A5 PLUMBING LICENSES November 5, 1987 1. All American Mechanical 2. Barnes Plumbing Company 3. Boutin Plumbing & Heating 4. Moundsview Plumbing 5. Nasseff Plumbing & Heating 6. Podany Plumbing 7. Weierke Trenching FINASERVE INC. LICENSES D. Licenses - Finaserve, Inc., for Service Station and Cigarette at 3150 Dodd Road --Mr. Terry Ladesic, representing Fina Oil and Chemical Company, is requesting a service station permit and cigarett license for their station at 3150 Dodd Road. According to the City's Deputy Clerk in charge of licensing, the Finaserve service station will be located on Dodd Road at the site of the former Texaco Fuel Stop. As is the usual custom, the Deputy Clerk's office is also recom- mending reimbursement to the Texaco Fuel Stop for their service station and cigarette licenses. Attached on pages and 17 are copies of the application for the cigarette license and the service station permit. ACTION TO BE CONSIDERED ON THIS ITEM: To 1) approve or deny the service station permit and cigarette license for Finaserve, Inc., at 3150 Dodd Road, and 2) to approve or deny the reimbursement of the serrvice station permit and cigarette license fees recently paid by Texaco Fuel Stop for the same location. l-7 3830 Pilot Knob Road CITY OF EAGAN 454-8100 P.O. Box 21-199 APPLICATION FOR LICENSE Eagan, MN 55122 le 6. hereby make application for !•c J- '"� i.. (shame) License for the year /g,?77 from. the city of Eagan. .. v �5_ SIi X12- q 5? -3 - If corporation or partnership: Name & address of partners or corporate officers: W13L 77Y Municipalities presently licensed: Municipalities which have denied licenses to applicant: ia+o o ar n Valsvmmn CHECK CORRECT BLANK 1. PLUMBING & CESSPOOL INSTALLER & MN Master Plumbers License # OUTSIDE SEWER & WATER CONNECTIONS $2000.00 Bond & Certificate of Insurance. State Insurance No. State Bond No. 2. WATER SOFTNER LICENSE State Water Cond. Contractors License No. .. y y f $2000.00 Bond. & Certi i.cate of Insurance. = 3. WELL DRILLERS LICENSE MN State LicenseA_�`� :l, • , ti $2000.00 Bond &Cern irate o' Insurance. `r i+ `V*- 4 RUBBISH HAULERS LICENSEFirst Truck,•$20.00 each additional truck. $2000.00 bond & Certificate of Insurance. ENCLOSE SCHEDULE OF RATES ALSO. - • 5. _CIGARETTE LICENSE --,$25.00 a'year each machine: NUMBER OF MACHINES f 6. KENNEL LICENSE $50.00 Initial & $25.00 Renewal. MAKE CEIDCK PAYABLE TO: CITY OF F,AGAN• Licenses are issued for a Calendar year period (Jan. -Dec, and sere is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant MY be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 SERVICE STATION PERMIT For the Period 10.0517 July, S 7 June, TRAILER PERMIT __ ' '�y'' cY s r tI - .fir.+- � .-..__ hereby submits application for a 1 Service Station Permit ($50.00) Name of Applicant 151)N� Trailer Permit ($25.00) Street Address L /j Lfir ! 0 ° ;� - P C) 1s o '� , 1 City, State, Zip _U Telephone Number 17 / 43 J Location of station or trailer if different from above address: s 3150 Dodd Road Eagan. N_ a MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF 50.00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. 1 PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE: yy Receipt # � Amount Received Date of Receipt ,_ City Council Approval Date Agenda Information Memo November 5, 1987 MS/GAMBLING LICENSE FOR VALLEY LOUNGE E. Multiple Sclerosis Gambling License --The City Clerk's office has received a renewal application for the Multiple Sclerosis gambling license to be located at the Valley Lounge. The application was received by the City on October 13, 1987, and requires action by the City Council. According to the Director of Finance when Sharon Grigel submitted the application, she again reiterated the desire of the MS Society to spend some money in Eagan. It appears that any projects related to improvements for the handicapped would be acceptable to this organization. Enclosed on page 7-/ is a copy of the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Multiple Sclerosis gambling license for Valley Lounge. VA64.09A TO- iF ACharitable Gambling Control Board Rm N-475 Griggs -Midway Bldg. For Board Use Only 1821 University Ave. Paid Amt: St. Paul, MN 55104-3383 Check No. (612) 642-0555 Date: GAMBLING LICENSE RENEWAL APPLICATION LICENSE NUMBER: -154 6 OOW EFF. DATE: AMOUNT OF FEE: 1. Applicant—Legal Name of Organization 2. Street Address KLTIPLE SCLEROSIS SOCIETY NORTH STAR CHAPTER Allr f rl S. City, State Zip A rn..h, r Business Ok its. it 13ingo will be conducted With this license, please specify days and times of Bingo. Days Times Days Times Days Times 19. Has license ever been: 0 Revoked Date: 0 Suspended Date: 0 Denied Date - .20. Have internal controls been submitted previously? QKYes 0 No (If "No," attach copy) 21. Has current lease been filed with the board? Yes 0 No (if "No," attach copy) 22. Has current sketch been filed with the board? �7e Yes 0 No (If "No," attach copy) GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. ..OATH I hereby declare that: 1. 1 have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete: 3. All other required information has been fully disclosed; S"; -4 I am the chief executive officer of the organization; 5. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the board and agree, if licensed, to abide by those - laws and rules, including amendments thereto. 23. Official Legal Name of Organization Signature (Rief Executive Officer) Date Title MWI Alo ACKNOWLEDGEMENT OF NOTICE -BY, 6CAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging' receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 30 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by .".the Charitable Gambling Control Board within 30 days of the below noted date. Township: If site is located within a township, please complete items 24 24. City/County Name (Local Governing Body) and 25: T and n Township: dn 2 s 5 25 . Sign ignatu4 o. Person Rec i Application: 25. Signature of Person Receiving Application A 4q( Title: Title _"bate Received (this date begins 30 day periotd)Title: Tow s il Name �f)Person Delivering Application to Local Governing Body: Township Name CG -00022-01 (5187)4'v; ;t w W ite Co py —Board Canary—Applicant Pink—Local Governing Body -..,I y!s oCl one Name of Chief Executive Officer 7. Business Phone Hillard Munger Jr 7 8. Name of Treasurer or Person Who Accounts for Revenues 9. Business Phone .1 10. Name of Gambling Manager 11. Bond Number 12. Business Phone N S Society Wayne Noialt 61 7. — x_ 13. Name of Establishment Where Gambling Will Take Place 14. County 15. No. of Active Members Valley Lounge Dakota POOOQ 16. Lessor Name 17. Monthly Rent: . Jim Tousionarit -"- 4 its. it 13ingo will be conducted With this license, please specify days and times of Bingo. Days Times Days Times Days Times 19. Has license ever been: 0 Revoked Date: 0 Suspended Date: 0 Denied Date - .20. Have internal controls been submitted previously? QKYes 0 No (If "No," attach copy) 21. Has current lease been filed with the board? Yes 0 No (if "No," attach copy) 22. Has current sketch been filed with the board? �7e Yes 0 No (If "No," attach copy) GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. ..OATH I hereby declare that: 1. 1 have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete: 3. All other required information has been fully disclosed; S"; -4 I am the chief executive officer of the organization; 5. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the board and agree, if licensed, to abide by those - laws and rules, including amendments thereto. 23. Official Legal Name of Organization Signature (Rief Executive Officer) Date Title MWI Alo ACKNOWLEDGEMENT OF NOTICE -BY, 6CAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging' receipt, I admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the Board, will become effective 30 days from the date of receipt (noted below), unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by .".the Charitable Gambling Control Board within 30 days of the below noted date. Township: If site is located within a township, please complete items 24 24. City/County Name (Local Governing Body) and 25: T and n Township: dn 2 s 5 25 . Sign ignatu4 o. Person Rec i Application: 25. Signature of Person Receiving Application A 4q( Title: Title _"bate Received (this date begins 30 day periotd)Title: Tow s il Name �f)Person Delivering Application to Local Governing Body: Township Name CG -00022-01 (5187)4'v; ;t w W ite Co py —Board Canary—Applicant Pink—Local Governing Body -..,I y!s Agenda Information Memo November 5, 1987 DALLAS DEVELOPMENT 2ND ADDITION F. Approve Final Plat, Dallas Development 2nd Addition --The staff has received an application for final plat approval for the above - referenced subdivision as shown on page _2-3 . All conditions of the pre,liminary plat approval of July 7, 1987 have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff, and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Dallas Development 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. KENNESEC DRIVE i i �r V3,� ice. ! ti i ! sill f I f C` 1 ?t� t � �t I j� f�iF s It � � y jI 1 sill f f �:• 1 1 t � I j� f�iF s It =11 Agenda Information Memo November 5, 1987 PROJECT 518, EAGAN HIGH SCHOOL ADDITION G. Project 518, Eagan High School Addition, Receive Report/Order Public Hearing - Utilities --On September 15, the Council received a petition and authorized the preparation of the feasibility report for the installation of utilities necessary to service the proposed Eagan High School addition. This report has now been completed and is being presented to the Council in consideration of scheduling the public hearing to formally present and discuss these proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report for Project 518 (Eagan High School addition - utilities) and order a public hearing to be held on December 1, 1987. STUART'S 2ND ADDITION H. Approve Final Plat, Stuart's 2nd Addition --The staff has received an application for final platap roval for the above - referenced subdivision as shown on page =. All conditions of the preliminary plat approval of June 16, 1987 have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff, and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Stuart's 2nd Addition and authorize execute all related documents. To approve the final plat for the Mayor and City Clerk to = a x WH LO . ., -- } J • C w t I r a 3t =1� r7x�i) _r ' rvl"i l..lP7gfVW . t” ter_ �1 CT V 2 ac' N SW i Q �Z" Z� N� r_ '" i• g rig �� r fr•`r+� 1v`. $ 11Y ir, _ •� i �� �. S r til i . ., -- } J • C w t I r a 3t =1� r7x�i) _r ' rvl"i l..lP7gfVW . t” ter_ �1 CT V 2 ac' N SW i Q �Z" Z� N� r_ '" i• g rig �� r fr•`r+� 1v`. $ YI �„• r til O . ., -- } J • C w t I r a 3t =1� r7x�i) _r ' rvl"i l..lP7gfVW . t” ter_ �1 CT V 2 ac' N SW i Q Agenda Information Memo November 5, 1987 MUNICIPAL STATE AID FUND TRANSFER I. Municipal State Aid Fund Transfer --The Director of Finance is requesting authorization by the City Council to transfer $39,360 from the Major Street Fund to the General Fund. It is the understanding of the Director of Finance and City Admininstrator that at the time of the Municipal State Aid Bond Sale in 1986 the general fund would be reimbursed for the loss of maintenance funds by the major street fund. For additional information on this item, refer to a memo prepared by the Director of Finance enclosed on page 4 - ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a transfer of $39,360 from the major street fund to the general fund. 7�� MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 22, 1987 SUBJECT: MUNICIPAL STATE AID FUNDS With the sale of the Municipal State Aid Bonds in 1986, the City's general fund no longer receives the maintenance appointment of the annual MSA apportionment to the City. State law requires that interest on the bonds be paid out of the maintenance account in the municipal state -aid street fund. The 1987 General Fund Budget included an estimate of $39,000 for this maintenance apportionment while the actual turns out to be $39,360 applied to the interest requirement. I believe there was an understanding at the time of the bond sale that the general fund would be reimbursed for the loss of these maintenance funds by the major street fund. The major street fund as the beneficiary of the bonding program would in effect hold the general fund harmless. If you concur with this understanding, I would request that the City Council be asked to authorize this transfer of $39,360 from the major street fund to the general fund. This authorization could be made for the life of the bond issue, if that is the intent, thereby eliminating this request annually. Future amounts would simply be the maintenance apportionment as determined by the State. Please let me know if you would like any additional information or if you would like to discuss this matter in more detail. ?A Finance Director/City Clerk EJV/kf A9vemgern9or�►��i�on Memo RESIGNATION/GARY CAMPBELL J. Resignation of Gary Campbell - Airport Relations Commission -- Enclosed on page �is a letter received from Gary Campbell stating his desire resign as a member of the Airport Relations Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Gary Campbell as a member of the Airport Relations Advisory Commission and direct the City Administrator to send a letter of appreciation for his volunteer service. Z� October 16, 1987 The Honorable Bea Blomquist Mayor, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Madam Mayor, It is with regret that I must submit my resignation as a member of the advisory board for the Eagan Airport Advisory Committee. Due to both health and personal reasons, I cannot devote the time and dedication that the position should merit and that the Committee justly deserves. I have appreciated the opportunity that was given me and hope that I can, in the future, give of my time and effort to help in some small way to contribute to the fine Community of Eagan. Thank you for the entrustment that was given me for the short time I was on the Committee. Sincerely, Gary F. Campbell 1956 South Timberwolf Trail Eagan, MN 55122 Zq Agenda Information Memo November 5, 1987 VACATION OF STREET/UTILITY EASEMENT R. Vacation of Street/Utility Easement (Lot 6, Block 6 Oak Cliff Addition, Receive Petition/Schedule Public Hearing) --The staff has received a petition to vacate an old underlying street and utility easement for the abandoned alignment of James Street along the section line between Oak Cliff Addition and Slaters Acres. All application materials have been received, reviewed by staff, and found to be in order for scheduling the appropriate public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a street/utility easement (Lot 6, Block 6, Oak Cliff Addition) and schedule a public hearing for December 1, 1987. Agenda Information Memo November 5, 1987 OAK CLIFF IST ADDITION A. Vacation, Lot 1, Block 4, Oak Cliff 1st Addition (Utility Easement) --This request to vacate a portion of an existing side lot line utility easement was originally discussed at a public hearing on October 20. Enclosed on page7i is the previous background information presented at the October 20 meeting. Enclosed on page _-,qA — is a copy of the legal description of that portion of the easement to be vacated. Due to the absence of the applicant and the required executed agreement, this item was continued until November 5. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the partial vacation of a utility easement as described over Lot 1, Block 4, Oak Cliff lst Addition and, if on approved, will be subject to specified conditions. 31 Agenda Information Memo October 20, 1987 VACATION OF UTILITY EASEMENT (LOT 1, BLOCK 4 OAK CLIFF IST ADDITION) F. Vacation of Utility Easement, (Lot 1, Block 4, Oak Cliff lst Addition) --On September 15th, the Council received a petition and subsequently scheduled a public hearing to be held on October 20 to consider the vacation of a portion of an existing side lot line utility easement along the west line of the above referenced parcel. This utility easement was dedicated for the purposes of, and currently incorporates, a sanitary sewer lateral servicing this subdivision located approximately 20 feet deep. This encroachment occurred through an error in the Certificate of Survey prepared for the building permit application which referenced only a 5 foot side lot easement instead of the 10 foot easement dedicated with the final plat. Once this was discovered, the builder was contacted and informed of three options to pursue in the resolution of this problem identified as follows: 1) To remove the encroachment of the third car garage stall. 2) To construct a new sanitary sewer line at another location. 3) To petition for a vacation of a portion of the easement to allow the encroachment. Because of the considerable expense associated with alternates number 1 and 2, the builder, homeowner and land surveyor elected to pursue the third alternate allowing the encroachment. Due to similar problems that staff has encountered in a similar situation in the Brittany 7th Addition pertaining to liability associated with future settlement of footings constructed within the backfill area and limited ability to excavate for any potential future repairs, this encroachment should be allowed only subject to the property owners execution of a recordable agreement relieving the City of any liabilities for the encroachment. The remaining issue then pertains to the potential substantial costs associated with -reconstruction or repare costs due to the footing being only 7 foot away from a 17 foot + or - deep sewer. The status of the execution of this agreement and any other liability related issues will be addressed by ou City Attorney during this public hearing. Enclosed on page, is a copy of the Certificate of Survey showing the portion of the utility easement requested to be vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To close public hearing and approve/deny the partial vacation of a utility easement as described over Lot 1, Block 4, Oak Cliff 1st Addition. r %I y* PIONEER 2422 Er„rain„1! rn..l. T - _ ..a—L—_i---LshO Sou A'.IVJNS. rry,L Lhr:,hlEN� I hlrn(lo,e H:'. 1711 (5. (1r��V ��Ji�(1 .. ., _ —__... _ .._ i * engineering . =�� - .AN4 YLANhf >h•LAhOSI'AVE AIt..MlrlL♦S -_- --' * ** ts1z1 tial 1914 °Dv NE q J. 13v1�oE2s IA IC. Crrrflcete of Survey fur. c, •�� 1t �,o4��r STRICT CP Z v n.4o 15 N c P Y �1 VWTO nE N_ i -2 r 4 - I L OcAl 7 n v l + i N IM Q �k (\fs% 00! ° :1 1 e 'Cole' ( C41 40 Ac'eP _ as• i6 3earingi, shown qre osfumeq, 9 'J: Dr1::na7j= an9 Utility easrsrle to l),, 'rS-.iLd: in L%7t Y.3rt of LOC 1, EIOCK ti, Onr: 0'-l:c ,S`i 'r..)L.i':iQ:,:S platttc '2--1 Of rc1C'G:'3 ;n L.,e LJUntj n2COIL:ErS Office in Minnesota uesc:bled as Cwrnencln3 at the northwest corner of Said Lot 1; t~.en-e On an assL..-T.Csi z,:atrin� o:�� .,.xSJU - •' �: O�=.yrc'!:S 98 T1:•1:_e5 2-5 along E.:z::_, alongalongt}tc-r i V -I:e 1.r2 O: saiLot A', a d:Sta!l a :.: 5-.l; .te_; t:.• ' 6d cep `eS T.:,..;ces 33 s�,::>4s E::s:, a datar.ce c: ',2o .eet t - p -i Of L<£: :nriny^ G1 t].- Evseme:.. :� f;ar '' to :k r. ` -- jrsS .,-, .....,.. bs 9c v_C`;!)::5 r:»ir ..15CanCE J: . %c 1c•i't t�) Its line t3:lt - e35t •.,• v -S 1:.'J. :E:t - OF anL: :I3Llti wcsterl\' i -e; 1; ,CaCC Nort.-, + 2_ yl jw s7tti: I E•r� -' along saki parallel line,'14.96 feet; 1 -hence South 11 UiVrt= S J.`. ::,lnlites Tu se'cumis 4.est, a distance Of 14.5G feet to tt'it7 u1111rr tL�� ��,•u l nn.ar ln.+'•„rPY v,, 1!lolw!;hq __� 1 to„�I lry q /Oy ,1„ret fup.'rf S..rr r .r lr' 11 1,,n . y •. r•y.>: rlWl JJ -j S,.r.erur ' r Serer �r 1,7�r�•,r->r.r-;r "I de ' 1- _ A r 7 / ) , Agenda Information Memo November 5, 1987 PROJECT 519, TOWN CENTRE 70 AND 100 B. Project 519, Town Centre 70 and 100 (Streetlights) --On October 6, the feasibility report for the above -referenced project was received and a public hearing scheduled for November 5. However, at the request of the affected property owners, this public hearing should be continued to December 1 to allow additional time for staff and the property owners to review the various alternates and costs associated with this report. ACTION TO BE CONSIDERED ON THIS ITEM: To continue Project 519 (Town Centre 70 and 100 - streetlights) to December 1, 1987. PROJECT 520, MANOR LAKE ADDITION C. Project 520, Manor Lake Addition (Trunk Utilities) --On October 6, the feasibility report was received for the above - referenced project at a public hearing scheduled for November 5. All notices have been published in the legal newspaper and sent to all potentially affected property owners, informing them of this public hearing date. Enclosed on pages 35 through 5Ji is a copy of the feasibility report for the Council's information and review during the presentation made by the consultant engineer. Further review and research of the Minnesota Pollution Control Agency's (MPCA's) rules and regulations indicates that because the "ultimate" flow through this trunk sanitary sewer will exceed 500,000 gallons per day, it requires a mandatory Environmental Assessment Worksheet (EAW). Therefore, if this project is approved, it will be necessary for the Council to also authorize the preparation of the appropriate EAW to be completed prior to any contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 520 (Manor Lake Addition - trunk utilities) and, if approved, authorize preparation of the detailed plans, specifications, and EAW. 3e� REPORT FOR MANOR LAKE ADDITION TRUNK UTILITY IMPROVEMENTS CITY PROJECT No. 520 EA AN, MINNESOTA 1987 Fila 49443 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ENGINEERS & ARCHITECTS ST. PAUL, MINNESOTA 35 Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway .385 St. Paul, MN 55113 612.636-4600 October 53 1987 I_q A Honorable. Mayor and Council City of Eagan. 3830 Pilot Knob Road Eagan, MN 55122 Engineers & Architects Re: Manor Lake Estates Trunk Utility Improvements Project No. 520 File No. 49443 Dear Mayor and Council: Otto G. Bonestrou, P.E. Robert W. Rtssrne, P.E. Joseph C. Anderlik, P.E. BraWord A. Lemberg, P.E. Rkhard E. Turner, P.E. James C. Obmn, P.E. Glenn R. Cook, P.E. Keith A. Gordon, lr.E. Thotttus E. Noyes, P.A. Richard W. foster, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. Ounald C. Burkardt, P.E. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Ted X Find, P.E. Michael T. kaubnann, P.E. Robert R. PJ01rdr. Y.E. David O. Loskoru. P.E. Thames W. Peterson, P.E. Michael C. Lynch, P.E. Karen L. Willis, P.E. .tomes R. Maland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. Mark R. Rolls, P.E. Robert C. Russek, A.I.A. Thomas E. Angus, P. E. Scam L. Young, P.E. Charks A. Erickson Leo M. Pawrisky Harlan M. Olson Susan M. Eberlin Transmitted herewith is our report for Manor Lake Estates, Project No. 520. This report covers sanitary sewer and water main construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTROO, ROSENJ`, ANDERLIK & ASSOCIATES, INC. i Mark. A. Alanson MA.H :1 i, Enc 1. I hereby certify that this report was prepared by me or under my direct supervision and that I am a. duly Registe.ed Professional Engineer under the laws of th Sta e i�fAinnesota. Mark Hanson Date: October 5, 1987 Reg. No. 1.4260 Approved by: 1... Department of Public Works Date: 7 6953e 0 SCOPE: This project provides for the construction of trunk sanitary sewer and water main to serve Manor Lake Addition. Manor Lake Addition is located in the southwest corner of Cliff Road (Co. Rd. No. 32) and state Trunk Highway No. 3. Its total area is 43 acres which will ultimately include 72 single family lots. The first phase presently includes developing 40 lots. FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering standpoint and is in accordance with the Master Utility Plans for the City of Eagan. However, it should be noted as part of the present Comprehensive Water Plan update, a review of the southeast corner of the City is being made to de- termine how this area can best be served. Therefore, minor changes may re- sult, however, the only change that would result is an increase in main size. The project as outlined herein can best be carried out as one contract. T%Te/ITTOO Tf%11 . Sanitary Sewer - Sanitary sewer proposed herein includes extending the 18" trunk sanitary sewer easterly along the north side of Cliff Road to Manor Lake Addition as shown on Figure 1. A 15" trunk sewer will be constructed souther- ly within Manor Lake Addition which will ultimately continue south to serve the southeast corner of the City. The trunk sanitary sewer will connect to the existing 18" trunk constructed under Project No. 321 (South Oaks Trunk Sewer) in 1982. In addition, it is proposed to extend an 8" lateral sanitary sewer southerly from the existing trunk sewer across Cliff Road and westerly along its south side to Dodd Road. This sanitary sewer will serve the unplat- ted parcels (010-04, 010-25, 023-25, 030-25) on the south side of Cliff Road and Parcel 026-25 immediately west of Dodd Road. It is assumed the lateral. sanitary sewers in Manor Lake Addition will be constructed privately by the developer. Page 1. 6953e 3 I AREA TO BE INCLUDLED: ASSESSMENT AND CONSTRUCTION AREA SE 1/4, SECTION 25 Parcel 011-76 Parcel 013-76 Parcel 014-76 NW 1/4, SECTION 36 Parcel 010-01 Parcel 010-02 Parcel 010-03 (Manor Lake Addition) Parcel 010-04 Parcel 020-04 Parcel 02.0-06 Parcel 010-07 Parcel 010-08 Parcel 021-08 Parcel 022-08 Parcel 010-10 Parcel 011-27 Parcel 020-27 Parcel 010-75 Page 3. 6963e 3b NW 1/4 SECTION 36 Parcel 010-25 Parcel 023-25 Parcel 026-25 Parcel 027-25 Parcel 030-25 EASEMENTS/PERMITS: All construction is included either within Manor Lake Ad- dition or Cliff Road right-of-way. Therefore, no easements are required, how- ever a permit will be required from Dakota County to work within their right- of-way. Permits will be required from the MPCA and the Health Department for the construction of sanitary sewer and water main. The MPCA is presently evaluating whether an EAW is required due to the extension of the trunk sani- tary sewer. COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer - Trunk (Manor Lake Addition) $226,530 - Lateral (West to Dodd Road) 50,680 Trunk Water Main 152,140 Services 3,630 TOTAL ........................................ $432,980 The total estimated project cost is $432,980 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS: assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. All lateral costs will be revised based on final costs. These assessments will be spread over 15 years at an interest rate based on the bond sale financing this project. SANITARY SEWER: The sanitary sewer extending easterly in Cliff Road and southerly in Mano•; Lake Addition is considered a trunk sewer. Therefore, it is proposed to as- sess only the portion of this trunk sewer within Manor Lake Addition at the lateral benefit from trunk rate as presented in the City of Eagan Fee Schedule Page 4. 6953e 37 Q� f' A for 1987. It is also proposed to assess trunk area sanitary sewer to those parcels shown on the attached drawing. The lateral sanitary sewer constructed westerly in Cliff Road to serve the unplatted parcels is proposed to be as- sessed on a front foot rate based on its actual final costs. The front foot rate was determined by dividing the total cost for the lateral sanitary sewer by the front footage abutting Cliff Road for each unplatted parcel proposed to be served. WATER MAIN: Water main proposed herein is considered trunk. Therefore, it is proposed to assess the adjacent properties at the lateral benefit from trunk rate as presented in the City of Eagan Fee Schedule for 1987 based on the front footage shown on the attached drawing, Figure 2. In addition, it is proposed to assess trunk area water main to the area shown on the attached drawing, Figure 3. SERVICE: Sanitary sewer and water service is proposed to be assessed based on its actual final cost to the parcel it serves. TRUNK ASSESSMENT RATES: Trunk •assessments rates proposed to be assessed as part of this project are listed below: Sanitary Sewer - Lateral Benefit from Trunk $15.06/F.F. - 'Trunk Area $1,300/Acre Water Main - Lateral Benefit from Trunk $12.47/F.F. - Trunk Area $1,250/Acre Page 5. 6953e REVENUE: Revenue sources to cover the cost of this project are as follows: Project Cost Revenue Balance A. SANITARY SEWER Trunk $226,530 Lateral 50,680 Lateral Benefit from Trunk Trunk Area Lateral Assessment $277,210 B. WATER MAIN Trunk $152,140 Lateral Benefit from Trunk Trunk Area $152,140 C. SERVICE Lateral $ 3,630 $ 30,421 93,860 50,680 $174,961 -$102,249 $ 44,892 92,125 $137,017 — $15,123 Lateral Assessment $ 3,630 $ 3,630 $ 3,630 - 0 - TOTAL......................................................... -$117,372 It is anticipated $117,372 will be required from the trunk sanitary sewer and water fund to finance the cost of this project. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans & Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 6. 6953e 4( October 6, 1987 November 5, 1987 Winter, 1988 Spring, 1988 June, 1988 September, 1988 May, 1989 APPENDIX A PRELIMINARY COST ESTIMATE MANOR LAKE ADDITION TRUNK UTILITY IMPROVEMENT" PROJECT NO. 520 I. SANITARY SEWER A. Trunk (Manor Lake Addition) 740 Lin -ft. 18" Sanitary sewer in pl. @ $60.00/lin.ft. $ 44,400 1,01.0 Lin.ft. 15" Sanitary sewer in pl. @ $60.00/lin.ft. 60,600 70 Lin.ft. Jack or auger 1511 Sanitary sewer @ $250.00/lin.ft. 171$500 9 Each Std. MH w/cstg. @ $1,000.00/ea. 9,000 160 Lin.ft. MH depth greater than 8' dp. @ $80.00/lin.ft. 12,800 45 Lin.ft. 8" Outside drop @ $110.00/lin.ft. 4,950 11 Each 15"x4" wye service @ $130.00/ea. 1,430 170 Lin.ft. 4" Service. riser @ $20.00/lin.ft. 3,400 400 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 4,000 1,750 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 1,750 820 Sq.yds. Subgrade preparation @ $1.00/sq.yd. 820 400 Ton Cl. 2 aggreg. base for shoulder restoration @ $8.00/ton 3,200 1.4 Acres Seed w/mulch & fertilizer @ $1,500.00/ac. 2,100 Total $165,950 +5% Contingencies 8,300 $174,250 +30% Legal, En.grng., Admin. & Bond. Interest 52,280 TOTAL ....... ...................................... $226,530 Page 7 6963e 7-� B. Lateral (West to Dodd Road) 910 Lin.ft. 70 Lin.ft. 6 Each 20 Lin.ft. 7 Lin.ft. 5 Each 150 Sq.yds. 60 Ton 60 Cu.yds. 1,120 Lin.ft. 1.0 Acre 8" Sanitary sewer @ $18.00/lin.ft. Jack or auger 8" sanitary sewer @ $120.00/lin.ft. Std. MH w/cstg. @ $1,000.00/lin.ft. 114H depth ,greater than 8' dp. @ $70.00/lin.ft. 8" Outside drop @ $120.00/lin.ft. 8"x4" wye branch @ $50.00/each Subgrade preparation @ $1.00/sq.yd. Cl. 2 aggreg. base for shoulder & driveway restoration @ $8.00/ton Rock stabilization below pipe @ $10.00/cu.vd. Mechanical trench compaction @ $1.00/lin.ft. Seed w/mulch & fertilizer @ $1,500.00/ac. 1,500 $ 37,120 $ 16,380 8,400 6,000 1,400 840 250 150 480 600 1,120 Total +5% Contingencies +30% Legal, Engrng., Admin. & Bond Interest TOTAL............................................ 6963e Page 8. 3 1,860 $ 38,980 11,700 $ 50,680 II. WATER MAIN 3,150 Lin.ft. 1210 Water main @ $22.00/lin.ft. $ 69,300 100 Lin.ft. 6" Water main @ $14.00/lin.ft. 1,400 60 Lin.ft. Jack or auger 12" Water main @ $150.00/lin.ft. 9,000 1 Each Connect 12" Water main to existing @ $500.00/each 500 5 Each 12" Gate valve and box @ $800.00/each. 4,000 6 Each 6" Gate valve and box @ $400.00/each 2,400 4 Each Hydrants @ $1,000.00/each 4,000 8,000 Lbs. Fittings @ $1.20/lb. 9,600 200 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 2,000 3,250 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 3,250 4.0 Acres Seed w/mulch and fertilizer @ $1,500.00/each 62000 Total $1,11,450 +5% Contingencies 5,580 $117,030 +30% Legal, Engrng., Admin. & Bond Interest 35,110 TOTAL ............................................. ;152,140 Page 9. 6963e 4 III. SERVICE (Unplatted parcels west of Manor Lake Addition on Cliff Road) ' 100 Lin.ft. 1" Water service @ $10.00/lin.ft. $ 1,000 100 Lin.ft. 4" Sewer service @ $10.00/lin.ft. 1,000 5 Each 1" Corporation stop in pl. @ $30.00/each 150 5 Each 1" Curb stop and box in pl. @ $80.00/each 400 100 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 100 Total +5% Contingencies +30% Legal, Engrng., Admin. & Bond Interest TOTAL............................................. Page 10. 6963e 15" S 2,650 140 $ 2,790 840 S 3,630 APPENDIX B PRELIMINARY COST ESTIMATE MANOR LAKE ADDITION TRUNK UTILITY IMPROVEMENTS PROJECT NO. 520 I. SANITARY SEWER. a.) Lateral Benefit from. Trunk Parcel Assessable Total Description Footage Rate/F.F. Assessment NE 1/4, SECTION 36 Parcel 010-03 (Manor Lake Addition) 2,020 $15.06 $ 30,421 b.) Trunk Area Parcel Area Assessable Total. Description (Acre) Credit Area Rate/Ac. Assessment NE 1/4, SECTION 36 Parcel 010-01 2.1 --- 2.1 $1,300 $ 2,730 Parcel 010-02 21.1 Street 20% 16.9 1,300 21,970 Parcel 020-06 5.9 Pond 3.6 2.3 1.,300 2,990 Parcel 010-07 0.6 --- 0.6 1,300 780 Parcel 010-08 0.3 --- 0.3 1,300 390 Parcel 021-08 36.9 Pond 1.1 Street 20% 28.6 1.,300 37,180 Parcel 022-08 5.1 Pond 1.4 Street 20% 3.0 1,300 3,900 Parcel 021-75 3.1 Pond 0.7 2.4 1,300 3,120 Parcel 011-27 20.1 Pond 3.6 Street 20% 13,2 1,300 17,160 Parcel 020-27 1.8 Pond 1.0 0.8 1,300 1,040 Parcel 010-75 2.2 Pond 0.2 2.0 1,300 21600 $ 93,860 6963e Page 11. 4 B. Lateral Parcel Assessable Total Description Footage Rate/F.F. Assessment NE 1/4, SECTION 36 Parcel 010-04 160 $48.27 $ 7,723 NW 1/4 SECTION 36 Parcel 010-25 200 $48.27 $ 9,653 Parcel 023-25 200 48.27 9,653 Parcel 026-25 150(1) 48.27 7,240 Parcel 030-25 340 48.27 16,411 1,050 S 50,680 (1) 150' corner lot credit applied for Cliff Road Frontage. II. WATER A.) Lateral Benefit from Trunk Parcel Assessable Total Description Footage Rate/F.F. Assessment NE 1/4, SECTION 36 Parcel 010-03 (?Manor Lake Addition) 2,400 $12.47 $ 29,928 Parcel 010-04 160 $12.47 $ 1,995 NW 1/4, SECTION 36 Parcel 010-25 200 $12.47 $ 2,494 Parcel 023-25 200 12.47 2,494 Parcel 030-25 340 12.47 4,240 Parcel 026-25 300 12.47 32741 $ 44,892 B.) Trunk Area Parcel Area Credit Assessable Total Description (Acre) (acre) Area Rate/Ac. Assessment SE 1/4, SECTION 25 Parcel 011-76 7.3 Pond 1.8 Street 20% 4.4 $1,250 $ 5,500 Parcel 013-76 9.9 Street 20% 7.9 1,250 9,875 Parcel 014-76 1.5 --- 1.5 1,250 1,875 $ 17,250 6953e Page 12. Parcel. 010-25 Area Credit Assessable $1,250 Total Description Parcel (Acre) (acre) Area Rate/Ac. Assessment NE 1/4, SECTION 36 026-25 2.7 --- 2.7 Parcel 010-01 2.1 --- 2.1 $1,250 $ 21625 Parcel 010-02 21.1 Street 20% 16.9 1,250 211125 Parcel 010-03 43.0 Pond 9.6 2,575 (Manor Lake Addition) Street 20% 26.7 1,250 33,375 Parcel 010-04 1.1 --- 1.1 1,250 1,375 Parcel 020-•04 4.4 Pond 0.4 Total. Description Services Street 20% 3.2 1,250 4,000 NE 1/4, SECTION 36 - $ 62,500 NW 1/4, SECTION 36 Parcel 010-25 2.0 --- 2.0 $1,250 $ 2,500 Parcel 023-25 1.9 --- 1.9 1,250 2,375 Parcel 026-25 2.7 --- 2.7 1,250 3,375 Parcel 027-25 1.0 --- 1..0 1,250 1,250 Parcel 030-25 2.3 --- 2.3 1,250 2,575 $ 12,375 III. SERVICE (Unplatted parcels west of Manor Lake Addition on Cliff Road) Parcel No. of Total. Description Services Cost/Service Assessment NE 1/4, SECTION 36 - Parcel 010-04 1 $ 726 $ 726 NW 1/4, SECTION 36 Parcel 010-25 1 $ 726 $ 726 Parcel 023-25 1 726 726 Parcel 026-25 1 726 726 Parcel 030-25 1 726 726 5 $ 3,630 Page 13. 6963e 4 T W M rn 10 IK - Oh N ^. 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W M rn 10 IK IF, 0 200' 400' sad SCALE IN FM OVERHILL FARM IST ADD, \� t 2 3 a 3 4 5 8 I i I I I i01 I I I I I ozg-25 SANT ARY S WER ' ` 030-25 023-25 010-251 027-25 �\ 1 , 010-26 \ 040-25 1 020-26 050-25 4 I 024-25 L 030-2g 010-20 020-28 I O.iO-2 i040-2a 7 050-28 Q20-'27 y' i 040-27030-27 , f 50- 011-27 020-06 MANOR LAKE ADDITION TRUNK SANITARY SEWER CITY PROJECT NO. 520 EAGAN, MINNESOTA ADD ITIOr. _ F r`r-T`7 I _Jo10CO3_i11 1 1 I 1 - --=r= -- 020-04 `„i 7 ' �' rl f 2L�f ♦�� ��1_1_ 1� f'f't 011-27 020-06 MANOR LAKE ADDITION TRUNK SANITARY SEWER CITY PROJECT NO. 520 EAGAN, MINNESOTA —L_J- -- - -----------------4 �• I/ Q • i ry^ �• obi r°� I 021-08 i 022-0a I I LEGEND 010-a2 I —ASSESSABLE FOOTAGE I BONESTR00, ROSEN'E, ANDERLIK do ASSOCIATES, INC. Engineers & Architects St. Paul, Minnesota Date: OCTOBER, 1987 C Comm. 49443 Fig. No. _ J 013-78 kAQa 014-76 PROPOSED18"SANITARY15" SANITARY rCLIFF I-.� ' C.S.A. H. �� `-"^ NO. 32 1--f , I'/ % L� I 010-01 'R 090-02 � % � `� I , Q• I —L_J- -- - -----------------4 �• I/ Q • i ry^ �• obi r°� I 021-08 i 022-0a I I LEGEND 010-a2 I —ASSESSABLE FOOTAGE I BONESTR00, ROSEN'E, ANDERLIK do ASSOCIATES, INC. Engineers & Architects St. Paul, Minnesota Date: OCTOBER, 1987 C Comm. 49443 Fig. No. _ J 0 too' 400^ Goo, SCALE M FEET 11 12 2 3 4 5 6 7 8 028-25 \ 030-25 027-2s\^ 010-26 \ 020-26 024-26 030- 010-20 Q J, 6 3 7 © 3 4 I 8 2 r _ L X D 1) 1 011-78 LAD 013-76 014- 76 CLIFF 1 --------;------------ I C.S.A.H. i 1r : } N0. 32 �a I r—r`r—z 040-25 020-04 050-25 I 020-27 020-28 1 Q 040-27 030-27 ! i040-28 i 0- I r r 050-28 i 070-2 t PROPOSED I r f ", 12` WATER MAIN 1 T -T[, '� ` �• 010-02 i 1 � Y,,( i I I MJF. �-• y PHbSE 2�� >} Q r I r i -----------� 011-27 ju 021-08 1 � I I 020-08 / % 010-82 i MANOR LAKE ADDITION TRUNK WATER MAIN CITY PROJECT NO. 520 EAGAN, MINNESOTA I -------------� .EGEND ASSESSABLE , OOTAGE BONESTR00, ROSENE, ANDERUK & ASSOCIATES, INC. Engineers & Architects St. Paul, Minnesota Date: OCTOBER, 1987 Comm. 49443 Fig. No. 2 N ° 7 10 7 8 ° � 6 I„pyy 5 4. 011--78 a 200' 407 eco °Co. I 2 4 1 SCALE IN FEET 5 2 (Z6 I' 2 °140-0I I 7 5 013-76 5Mt 'IST ADD. ,” I 1 i 2 I 5 4 014-76 3 4 6 $ 2 3 7 © 3 4' ._� .� 11 12 1 �` 2 2 7 6 ° 4 !, 8 ° Y, 3 4 _ Y 1 CLIFF {--- - --!----------- �- - -------- o i 026-25 030-251 023-25 010-251 a 1Y' `` .` j�L 1- L --F L V .i 027-25 i �!�NtNy_ l� /--r-T-r- r -11-4 - % Y 010-26 \ 040-� II 020-26 I I 024-25 030-26 , Q 010-20 0 I 020-28 L-� 040-28 I I I 050-28 � I I 7 J %6 020-04 l 050-25 1 020-27 011-27 � ',030-27i! 020-06 MANOR LAKE ADDITION TRUNK AREA WATER ASSESSEMENTS CITY PROJECT NO. 520 EAGAN, MINNESOTA F1 / jr, � I / 022-08 / I 010--82 I ROAD 010-78 C. S. A. H. NO. 32 010-02 010-01 021-06 I I { I _ --------_—_--� LEGEND WATER MAIN TRUNK AREA BONESTR00, ROSENE, ANDERUK & ASSOCIATES, INC. Engineers do Architects St. Paul, Minnesota Date: OCTOBER, 198! C N O. Comm. 49443 r lg• J Agenda Information. Memo November 5, 1987 PROJECT 512, CUTTERS RIDGE ADDITION D. Project 512, Cutters Ridge Addition - Trunk Utilities --On August 18, the feasibility report was originally presented to the Council regarding installation of utilities for the above referenced project. The original public hearing was set for September 15 but had to be continued until October 6 to provide for proper legal notification. During the interim, a revised preliminary plat for the Cutters Ridge Addition was processed and approved. Because of this revision, the original feasibility report had to be revised accordingly. Subsequently, the public hearing was continued until November 5. All notices have been published in the legal newspaper and sent t all potentially affected property owners. Enclosed on pages through �tj is a copy of the feasibility report for the Council's information and review during the presentation to be made by the consulting engineer. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 512, Cutters Ridge Addition - utilities, and, if approved, authorize the preparation of detailed plans and specifications. D3 E RT ■ C R CUTTER'S RIDGE UTILITY & STREET IMPROVE' E TS CITY PROJECT NO. 512 EAGAN. MINNESOTA 1987 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ENGINEERS AND ARCHITECTS ST. PAUL, MINNESOTA Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612636.4600 September 23, 1987 Engineers & Architects Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Cutter's Ridge Utility and Street Improvements Project No. 512 File No. 49435 Dear Mayor and Council: Otto C. Bonestrao, P.E. Robert W. Rosene, P.E. Josryth C. Anderfik, P-2� Bradford A. Lemberg, P.E. Richard E. Turner P.E. James C. Olson, P.E. Glenn R. Cook. P.E. Keith A. Gordon, P.E. Thontms E. Noyes, P.F. Richard W. !:aster, P.E. Robert G. Schunicht, RE Marvin L. Sorvala, AL.. Donald C. Burgardt. P.E. Jerry A. Bourdon. P.E. Mark A. Hanson, P.E. Ted K. Field, P.£. Michael T. Routmono, P.£. Robert R. Pfeffrrie. PE. Duvid O. Loskotu. P.E. Thomas W. Peterson, P.E. Michael C. Lynch, P.E. Karen L. Willis, P.E. James R. Maland. P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann. P.E. Mark R. Ro(js, P.E. Ruben C. Russek. A.I.A. Thomas E. Angus, P.E. Scott L. Young, P.E. Chorks A. Erickson Leo M. Powelsky Harlan M, 0Aon Susan M. Eberfin Transmitted herewith is our report for Cutter's Ridge, Project No. 512. This report covers sanitary sewer, water main, storm sewer and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONES ROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mar, A. Hanson MAH:ci Approved by: Date: 6732e I. hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of t St e of Minnesota. Ma k A. Hans8n. Date: September 23, 1987 Reg. No. 14260 Department of Public. Works SCOPE: This project provides for the construction of sanitary sewer, water main, storm sewer and street to serve Cutter's Ridge. This addition is loca- ted west of Pilot Knob Road approximately 900' north of Deerwood Drive. Cut- ter's Ridge consists of 37 single family lots. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plans for the City of Eagan with the exception of the Water Supply and Distribution Plan. The comprehensive water plan provides for the 12" trunk water main to be constructed in an east west direction through Cutter's Ridge connecting to the trunk main in Pilot Knob Road and Deerwood Drive. However due to recent development immediately west of I -35E north of Cutters Ridge, it is recom- mended the 12" trunk main be constructed northerly from Cutters Ridge and cross I -35E as proposed herein. The 12" trunk main would then continue north- erly through the proposed Blackhawk Ridge and Stony Point connecting to the existing 30" trunk main in Hampton Heights. The 12" trunk mail will serve as an additional trunk main serving the future Deerwood reservoir complementing the trunk mains in Pilot Knob Road and Blackhawk Road which are the main feed- ers to this reservoir. The project as outlined herein can be best carried out as one contract. DISCUSSION: Sanitary Sewer - An 8" diameter sanitary sewer is proposed to be extended from an existing 8" sanitary sewer constructed beneath T -35E approximately 840' north of Cutter's Ridge as shown on the attached drawing. The sanitary sewer will be constructed within an existing utility easement where a trunk sewer was located prior to construction of I -35E. As part of I -35E construction, however, the trunk sanitary sewer was located to the westerly side of I -35E and the existing trunk sewer located on the east side of I -35E was abandoned. 6732e Page 1. Approximately 240' of sanitary sewer is required between the southerly end of the existing utility easement and Cutter's Ridge which must be acquired as part of this project. The sanitary sewer will be constructed at a proper ele- vation to serve Cutter's Ridge and the abutting property. It is assumed util- ities within Cutter's Ridge will be constructed privately by the developer. Watermain - A .12" trunk water main is proposed to be constructed northerly from Cutter's Ridge paralleling the proposed 8" sanitary sewer as shown on the attached drawing. The 12" trunk main would then be constructed westerly across I -35E parallel to the existing sanitary sewer. The trunk main will ultimately continue northerly from this point through Blackhawk Ridge and Stoney Point connecting to the existing 30" trunk main in Hampton Heights. The 12" trunk main in Cutters Ridge will. ultimately continue southerly con- necting to the trunk main in Deerwood Drive and serve as a trunk main serving the Deerwood Reservoir. It is assumed utilities within Cutter's Ridge will be constructed privately by the developer. Storm Sewer - It is proposed to extend storm sewer from the northwest corner of Cutter's Ridge as shown on the attached drawing. The storm sewer will be extended northwesterly approximately 400' to a low area which discharges into I -35E right-of-way. The storm water in I -35g is conveyed by pipe and open ditch to Pond JP -5 which has a gravity outlet to the Minnesota River. Mn/DOT has agreed to allow the storm water in Cutter's Ridge to flow into their storm sewer system provided the low area outside their right-of-way is maintained as a ponding area. Storm sewer pipes range in size from 21" to 24" in diameter. EASEMENTS/PERMIT: Utility easements are required outside the Cutter's Ridge plat. As previously indicated, the existing utility easement for the aban- doned trunk sewer is intended to be utilized for the majority of the sanitary sewer and water main construction. However, additional easement is required Page 2. 6732e west of Cutter's Ridge and between Cutter's Ridge and the existing sanitary easement which is listed below: Permanent Temporary Parcel Description Easement Easement Parcel 010-01 0.16 ac. 0.5 ac. Parcel 010-05 0.16 ac. 0.5 ac. Parcel 010-06 0.13 ac. 0.1 ac. A permit will be required from Mn/DOT for connection of storm sewer to their right-of-way and the trunk water main crossing. AREA TO BE INCLUDED: ASSESSMENT AND CONSTRUCTION AREA NE 1/4, SECTION 21 Parcel 010-01 Parcel 010-02 (Cutter's Ridge) Parcel 010-03 (Cutter's Ridge II) Parcel 010-05 Parcel 010-06 COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer S 46,150 Water Main 103,820 Storm Sewer 32,510 TOTAL...............................$182,480 The total estimated project is $182,480 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, adminsistration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. All lateral costs will be revised based on final cost. Page 3. 6732e �� The assessments will be spread over 10 years at an interest rate based upon the bond sale used to finance this project. SANITARY SEWER: Sanitary sewer proposed herein is considered lateral. There- fore, it is proposed to assess the total cost of sanitary sewer on a front foot basis assuming Parcel 010-01 will be assessed for the front footage abut- ting the easterly side of the north -south segment while Parcel 010-05 will be assessed one-half the front footage abutting the westerly side of the north - south segment. The assessable footage for Cutter's Ridge: (Parcel 010-02) and Parcel 010-06 includes the portion abutting their west and east side respec_. tively. Trunk sanitary sewer was previously assessed in this arra as part of Project No. 88. WATERMAIN: Water main proposed herein is considered trunk. Therefore it is proposed to assess the abutting property on a front foot basis in the same manner as sanitary sewer. However it is proposed to utilize the lateral bene- fit from trunk rate established in the City of Eagan Fee Schedule for 1987.. Trunk area water main has been previously assessed in this area under Project Nos. 24A and 4.55. STORM SEWER: Storm sewer proposed herein is considered lateral for the por- tion abutting Cutter's Ridge and Parcel 010-06. The remaining storm sewer be- yond these two parcels is considered trunk and is not proposed to be as- sessed. The amount to be assessed for lateral is determined by dividing the project cost by the front footage of storm sewer and multiply it by the front footage abutting Cutter's Ridge and Parcel 010-06. The amount to be assessed is then divided by the benefitting drainage area in Cutter's Ridge and Parcel 010-06 which benefit from the storm sewer. Trunk area storm sewer was previ- ously assessed in this area as part of Project No. 297. 6732e Page 4. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: A. SANITARY SEWER Lateral Lateral Assessment TOTAL B. WATER MAIN Trunk Lateral Benefit from Trunk TOTAL C. STORM SEWER Prosect Cost Revenue Balance $ 46,150 46,150 $ 46,150 $ 46,150 -0- $103,820 $ 20,32E $103,820 $ 20,326 -$ 83,494 Lateral $ 32,510 Lateral Assessment 12,504 -$ 20,006 TOTAL $ 32,510 $ 12,504 -$ 20,006 TOTAL -$103,500 The anticipated project deficit is $103,500 which will be the responsibil- ity of the water and storm sewer fund. 6732e Page 5. 66 PROJECT SCHEDULE Present Original Feasibility Report August 18, 1987 Present Revised Feasibility Report September 1.5, 1987 Public Hearing November 5, 1987 Approve Plans and Specifications December, 1987 Open Bids/Award Contract (1) hinter, 1988 Complete Construction June 15, 1988 Assessment Hearing August, 1988 First Payment Due. with Real Estate Tapes May, 1989 (1.) Subject to final plat approval Page b., 6732e A. SANITARY SEWER 1,010 Lin. Ft. 4 Each 20 Lin. Ft. 8 Lin. Ft. 1 Each Lump Sum 100 Cu. Yds. 2.2 Acres APPENDIX A PRELIMINARY COST ESTI'MATE CUTTER'S RIDGE UTILITY AND STREET IMPROVEMENTS PROJECT NO. 512 8" PVC Sanitary sewer in pl. @ $20.00/lin.ft. Std. MH w/cstg. @ $1,000.00/ea. MH depth greater than 8' dp. @ $80.00/lin. ft. 8" Outside drop @ $150.00/lin. ft. Connect to existing MH @ $500.00/ea. Clear & grub tress @ $1,000.00/Lump Sum Rock stabilization below pipe @ $10.00/cu. yds. Seed w/mulch & fertilizer @ $1,500.00/ac. Lin. ft. iterest $ 20,200 4,000 1,600 1,200 500 1,000 1,000 3,300 1,010 $ 33,810 1 690 $ 35,500 3650 $ 46,150 B. WATERMAIN 1,230 Lin. Ft. 1.2" DIP water main in place. @ $22.00/l.f. $ 27,060 60 Lin. Ft. 6" DIP water main in place @ $16.00/l,f. 96.0 220 Lin. Ft. Jack or Auger 12" DIP water main in place @ $150.00/l.f. 33,000 2 Each 12" Butterfly valve and box $900.00/ea. 1,800 3 Each 6" Resilient wedge gate valve & box @ $400/ea. 1,200 1 Each Hydrant in place @ $1,000.00/ea.. 1,000 2,500 Lbs. Fittings in place @ $1.50/lb. 3,750 2 Each Connect DIP to existing DIP @ $500.00/ea. 1,000 200 Cu. Yd. Rock stabilization below pipe @ $10.00/cu. yd. 2,000 2.0 Acre Seed w/fertilizer & mulch @ $1500.00/acre 3,000 1,290 Lin. Ft. Mechanical trench compaction @ $1.00/l.f. 1,290 Total $ 76,060 + 5% Contingencies 3 800 $ 79,860 + 30% Legal, Engrng., Admin. & Bond Interest 2.3,960 $ 103,820 'T Page 8. 6732e s /0 / C. STORM SEWER 210 Lin. Ft. 24" RCP storm sewer in pl. @ $32.00/lin. ft. $ 6,702 310 Lin. Ft. 21" RCP storm sewer in pl. @ $28.00/lin. ft. 8,680 4 Each Std. MH w/cstg. in pl. @ $1,000.00/ea. 4,000 1 Each 24" RCP apron w/trash guard @ $1,000.00/ea. 500 1 Ac. Seed w/mulch & fertilizer @ $1,500.00/ac. 1,500 8 Cu. Yds. Rip rap 2 $50.00/cu. yds. 400 50 Cu. Yds. Rock stabilization below pipe @ $10.00/cu. yd. 500 520 Lin. Ft. Mechanical trench compaction @ $1.00/lin. ft. 520 Total $ 23,820 + 5% Contingencies 1,190 $ 25,010 + 30% Legal, Engrng., Admin. & Bond Interest 7,500 TOTAL STORM SEWER ........................... S 32,510 Page 9. 6732e 4 APPENDIX B PRELIMINARY ASSESSMENT ROLL CUTTER'S RIDGE SAJUTARY AND STORM SEWER IMP}1OVEMENTS PROJECT NO. 512 A. SANITARY SEWER Parcel Description N.E. 1/4, SECTION 21 Parcel 010-01 Parcel 010-02 (Critter's Ridge) Parcel 010-05 Parcel 010-06 B. WATER MAIN Parcel Description. N.E. 1/4, SECTION 21 Parcel 010-01 Parcel 010-02 (Cutter's Ridge) Parcel 010 -05 - Parcel 010-06 Assessable Footage 060 170 430 170 1,630 Assessable Footage 860 170 430 170 1,630 Page 10. 6732e �-' Rate/F.F. $ 28.31 28.31 28.31 28.31 Rate/F.F. Total $ 24,349 4,813 1.2,175 4,813 $ 46,150 Total. Assessments $ 12.47 (1) $ 10,724 12.47 2,120 12.47 5,362 12.47 2,120 $ ^0,326 C. STORM SEWER Parcel Assessable Total Description Area (Acre) Rate/Acre Assessments N.E. 1/4, SECTION 21 (2) Parcel 010-01 0.8 $ 758 $ 606 Parcel 010-02 (Cutter's Ridge) 11.5 $ 758 8,715 Parcel 010-03 (Cutter's Ridge) 2.1 758 1,591 Parcel 010-05 0.2 758 152 Parcel 010-06 1.9 758 1,440 16.5 $ 12,504 (2) (1) Lateral benefit from trunk rate per City of Eagan Fee Schedule. (2) Amount to be assessed equals project cost divided by front feet of pipe times front feet of pipe abutting Cutter's Ridge (Parcel 010-02) and Parcel 010-06. Rate/Sq. Ft. equals amount to be assessed divided by benefitted drainage area in Cutter's Ridge (Parcel 010-02 and 010-05) ($32,510 divided by 1040 F.F. x 400 F.F. = $12,504.). Page 11. 6732e �4 SUMMARY PRELIMINARY ASSESSMENT ROLL CUTTER'S RIDGE SANITARY AND STORM SEWER IMPROVEMENTS PROJECT NO. 512 Parcel Sanitary Water Storm Total.. Description Sewer Main Sewer Assessment N.E. 1/4, SECTION 21 Parcel 010-01 $24,349 $10,724 $ 603 $35,073 Parcel 010-02 (Cutters Ridge) 4,813 2,120 8,715 15,648 Parcel 010-03 (Cutter's Ridge II) 1,591 1,591 Parcel 010-05 12,175 5,362 152 17,689 Parcel 010-06 4,813 2,120 1,440 8,373 $46,150 $20,326 $12,504 $78,980 41 Page 12. 6732e 4 7 FUTURE BLACKHAWK RIDGE (BY OTHERS) N.E. 1/4 SEC. 21, T.27, R.23 --- �+ ----------- — — E10STM TARY 020-01 I / OUTLOT i I ! C RONATION ROAD 01,20 I ' 3 I 010-05 KING'S WOOD ROAD ` 010-01 9s I 6 ! PROP06ED SANTARY SEMEIT To I I I MR OAT. RAs Ma it—so lo 11 I PROPOSED ! I e' CUTTER'S ouTLOT 3 I 010— RIDGE II I A�e 7 F F—T� 01! 0277 pq 010-. � T -s- T � `` � � Z I 0,°-°01 1 I PROPOSED CUTTERS 0 10 RIDGE II Z 0= 0x0-03' 010-04 mo -0e z 010-0 I°w-0' 030-03 LL 10 i D ERWOOD DRIVE ! — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —� N ASSESSABLE FOOTAGE 0 100' 200' 400' Sod. in Feet CUTTER'S RIDGE SANITARY SEWER IMPROVEMENTS CITY PROJECT No. 512 EAGAN, MINNESOTA BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Engineers & Architects St. Paul, Minnesota Date: AUG. 1987 Comm. 49435 FIg• No. FUTURE BLACKHAWK RIDGE (BY OTHERS) B.E. 1/4 SEC. 21, T.27, R.23 I CRONATION ROAD I mo- KING'S WOOD ROAD - 1 ,r mo -m 1 PROPOSW WAIN MMI I I Yn 0.067. kaw. lia 10-50 I I PROPOSED CUTTER'S I 010_ 1 RIDGE 1 �j X10-0. 1 F-I—T-1-I-'F7 Ln 02 Jolq ASSESSABLE FOOTAGE CUTTER'S RIDGE WATER MAIN IMPROVEMENTS CITY PROJECT No. 512 EAGAN, MINNESOTA '-o3Fn/ T T CO PROPOSED CUTT RS 0 10 RIDGE 11 020•-0] Y 010-04 01 z I� VE 0,0-0, 1 0 ---------------- N e ,W 20W 4w sedk to neat BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Engineers & Architects St. Paul, Minnesota Date: AUG. 1987 Comm. 49435 ��g• �C FUTURE N. E. ----T ----------- - - 1f•e > �01 I Dano, i I POW -� jp-5 I .r-5 T 2 1 C RONATION ROAD OU2 3 / 7 wo-os 3 -- KING'S WOOD ROAD e ` 010-01 9 5 I COMO O STOW SEM 6 I PROPOM STORM SEAM TO 4n D.O.T. 80.1[ Na Is -SO 11 I 24' fU1VttE STORM gMpt I I PROPOSED 24- CU TTER'S OUnOt 3 Olo-05 RI e 21. 01 06—r�0IO2T- P �- ��� LATERAL _ L 1�� r IM ASSESSMENT _ _ — — r 10- \\ AREA I 1 oro- 1 1' IZ 010-05 f f I \ Ip PROPOSED CUTT RS 0 `0 RIDGE II Z IY X03 Y oTo-as 010-04 010-07 0 1 Z J I:D 9 -OE a- IO D ERWOOD DRIVE i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — J N 0 100' 2OV +atY sea. ti r«1 BLACKHAWK RIDGE (BY OTHERS) 1/4 SEC. 21, T.27, R.23 CUTTER'S RIDGE STORM SEWER IMPROVEMENTS CITY PROJECT No. 512 EAGAN, MINNESOTA BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Engineers do Architects St. Paul, Minnesota Date:AUG. 1987 Comm. 49435 Fig. NO. 3 Agenda Information Memo November 5, 1987 PROJECT 452R, POND AP -50 E. Project 452R, Pond AP -50 - Storm Water Outlet --On August 18, the Council received a revised feasibility report for the storm sewer outlet for Pond AP -50 located north of Cliff Road and east of Scott Trail behind the Cedar Cliff Commercial Park 2nd Addition. A public hearing was then scheduled for October 20 to discuss these improvements. However, this hearing had.to be continued until November 5 to ensure that all affected property owners were properly noticed of the public hearing process. All notices have now been published in the legal newspaper and sent to all potentially affected property owners informing them of t i JUis new public hearing date. Enclosed on pages �Y through Z is a copy of the feasibility report for the Cduncil's information and review during the presentation to be mace by the consulting engineer. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 452R, Pond AP -50 - trunk storm outlet, and, if approved, authorize the preparation of detailed plans and specifications. 71 REPORT POND AP -59 OUTLET TRUNK STORM SEWER ER IMPROVEI ENTS PROJECT 1`�To- 4528 EAGAN, MINNESOTA 1987 FILE No. 49364 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ENGINEERS & ARCHITECTS ST. PAUL. MINNESOTA 7;L Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612-636-4600 October 20, 1987 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Pond AP -50 Outlet Project No. 452R Our File No. 49364 Dear Mayor and Council: Engineers & Architects Otto G. Bonestroo, P.E. Robert W. Rusene, P.E. Joseph C. Anderlik. P.E. Bradford A. Lrmberg. P.E. Richard E. Turner, P.E. James C. ou". P.E. Glenn R. Cook, P.E. Keith A. Gordon. P.E. Thomas E. Noyes, P.E. Richard W. Foster, P.E. Robert G. Schunicht, P.E. Marvin L. Survala, P.E. Donald C. Burgardt, P.E. Jrrry A. Buunion. P.E. Mark A. Hanson, P.E. Ted K. Field. P.E. Michael T Rautmann, P.E. Ruben R. PJdWrle. P.E. David O. Lus/ulu. P.E. Thomas W. Petersun. P.E. Michael C. Lynch, P.E. Karen L. Willis, P.E. James R. Muland. P.E. Kenneth P. Anderson. P.E. Keith A. Bachmann. P.E. Murk R. Rol/s, P.E. Robert C. Russek, A.L.A. Thomas E. Angus, PE'. Scuff L. Young, P.E. Charles A. Erickson Leo M. PawrUAy Harlan M. Oban Susan M. Eberlin Transmitted herewith is our report for Ponds AP -50 Outlet, Project No. 452R. This report covers trunk storm sewer construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect.of this report. Yours very truly, BONESTRO , R ENE 'ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registere Pr fe sional Engineer under the laws of t at Minnesota. Mark A. Hanson Date: October 20, 1987 Reg. No. 14260 Approve by / L L� t atlw� 1 1 ,fit Department of Public Works Date: cr %/Z 74154 SCOPE: This project provides for the construction of trunk storm sewer outlet for Pond AP -50 to Pond AP -25 included in the proposed Cliff Lake Centre. This project is the result of a petition received from the owner of the two lots in Cedar Cliff Commercial Park 2nd Addition where Pond AP -50 is included. Two office buildings presently exist on the two lots. FEASIBLITY AND RECOMMENDATIN: This project is feasible from an engineering standpoint and is in accordance with the Comprehensive Storm Sewer Plan for the City of Eagan with the exception that it is not proposed to provide an outlet for Pond AP -49 included in Rahn Park. It is assumed if no additional drainage is placed into the park, the existing wetlands can maintain their natural level and not require an outlet. DISCUSSION: This project provides for constructing a trunk storm sewer outlet from Pond AP -50 to Pond AP -25. The alignment is shown on the attached drawing which proposes to construct the trunk storm sewer along Cliff Road and Rahn Road to Pond AP -25 at the request of the adjacent property owner to minimize the impact of internal easements. It is assumed the outlet for Pond AP -25 which is presently land locked will be constructed as part of the Cliff Lake Centre project. It is also assumed the trunk storm sewer crossing Rahn Road will be open cut requiring patching of the street. Design considerations for Pond AP -50 assumed the following: a. The direct drainage area to Pond AP -50 south of Cliff Road is limited to 17.95 ac. while the remaining 30.5 ac. would be ponded and restricted to a 1 cfs outflow requiring 5.58 ac.ft. The 30.5 acres includes the southerly portion of the drivers training fa- cility and the WAYL property which is where the existing radio towers are located. The 30.5 acres is presently land locked. Page 1. 7415e Storage Outflow NWL HWL (ac.ft.) (cfs) Pond AP -50 886 894 9.8 2 Pond AP -25 882 890 4.0 4 EASEMENTS: Permanent and temporary construction easements and pend easement will be required from Parcel 011-76 and 012-50 (Cliff Lake Centre:). It is anticipated these easements can be acquired at no cost. AREA TO BE INCLUDED: ASSESSMENT AREA & CONSTRUCTION AREA SW 1/4, SECTION 29 Parcel 012-50 (Cliff Lake Centre) SE 1/4. SECTION 30 Parcel 011-76 NE 1/4, SECTION 31 Parcel 010-02 COSI' ESTIMATE: Detailed cost estimates are presented in Appendix A. located at the back of this report. The total estimated project cost is $200,590 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. These assessments will be spread over 15 years at an in- terest rate based on the bond sale financing this project. Storm sewer proposed herein is trunk. Therefore, it is proposed to assess those parcels shown on the attached drawing their trunk area storm sewer as- sessment. In addition, because the storm sewer in Rahn Road has been designed Page 2. 7415e 0� to convey direct runoff from the property it abuts, it is also proposed to as- sess those parcels lateral storm sewer. The lateral storm sewer rate is de- termined by designing an equivalent storm sewer (24" RCP, 20 cfs) to Pond AP -25 and assessing its cost to the benefited drainage area. TRUNK RATES: Trunk rates in effect at the time of this report are as follows: Trunk Storm Sewer Single Family $0.053/sq.ft. Comm./Ind. $0.079/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Project Cost Revenue Balance Trunk $200,590 Trunk Area Assessment $142,528 Lateral Assessment 37,540 TOTAL $200,590 $180,068 -$20,522 The anticipated project deficit is $20,522 which will be the responsibil- ity of the trunk storm sewer fund. PROJECT SCHEDULE Present Feasiblity Report Public hearing Approve Plans and Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment due with Real Estate Taxes Page 3. 7415e 710 August 18, 1987 November 5, 1987 Winter 1988 Winter/Spring 1988 June 15, 1988 August, 1988 May, 1988 APPENDIX A PRELIMINARY COST ESTIMATE POND AP -50 OUTLET TRUNK STORM SEWER IMPROVEMENTS PROJECT NO.. 4528 450 Lin.ft. 18" RCP Storm sewer in pl. (10-20' dp.) @ $44.00/l..f. $ 19,800 1,200 Lin.ft. 18" RCP Storm sewer in pl. (20-30' dp.) @ $48.00/l.f. 57,600 700 Lin.ft. 36" RCP Storm sewer in pl. (10-20' dp.) @ $60.00/1.f. 42,000 6 Each Std. 4' dia. MH w/cstg. @ $1,000.00/Peach 6,000 80 Lin.ft. MH depth greater than 8' dp. @ $70.00/l.f. 5,600 1. Each 18" RCP flared end w/trash guard @ $500.00/each 500 1 Each 36" RCP flared end w/trach guard @ $1,800.00/each 1.,800 16 Cu.yds. Rip rap @ $50.00/cu.yd. 800 1.00 Cu.yds. Rock stabilization below pipe @ $10.00/c.u.yd. 1,000 LUMP SUM Street reconstruction @ $5,000.00/L.S. 5,000 3.0 Acres Seed w/mulch & fertilizer @ $1,500.00/ac. 4,500 2,350 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 2,350 Total $146,950 +5% Contingencies ---7,350 $154,300 +30% Legal, Engrng., Admin. & Bond Interest 46,290 TOTAL ............................................. $200,590 ''Page 4. 7415e 77 APPENDIX B PRELIMINARY ASSESSMENT ROLL POND AP -50 OUTLET TRUNK STORM SEWER IMPROVEMENT PROJECT NO. 452R A.) TRUNK AREA Parcel Area Credit Assessable Total Description (SR.ft.) (soft.) Area Rate/s.f. Assessment SW 1/4, SECTION 29 Parcel 012-50 1,382,000 Pond 295,000 869,600 Street 20% SE 1/4, SECTION 30 Parcel 011-76 898,240 Pond 16,000 705,790 Street 20% NE 1/4, SECTION 31 $0.079 $ 68,698 $0.053 $ 37,407 Parcel 010-02 859,040 Street 20% 687,230 $0.053 $36,423 TOTAL........................................ $142,528 B.) LATERAL BENEFIT Parcel Assessable Total Description Area Rate/Acre Assessment SW 1/4, SECTION 29 Parcel 012-50 2.3 ac. $4,939 $11,361 SE 1/4, SECTION 30 Parcel 011-76 5.3 ac. $4,935 26,179 TOTAL 7.6 ac. $37,540 Page 5. 7415e SUMMARY PRELIMINARY ASSESSMENT ROLL POND AP -50 OUTLET TRUNK STORM SEWER IMPROVEMENTS PROJECT NO. 452 Parcel Trunk Lateral Total Description Area Benefit Assessment SW 1/4, SECTION 29 Parcel 012-50 68,698 $11,361 $ 80,059 SE 1/4.. SECTION 30 Parcel 011-76 37,407 26,179 $ 63,586 NE 1/4, SECTION 31 Parcel 010-02 $ 36,423 -- $ 36,423 TOTAL $142,528 $37,540 $180,068 Page 6. 7415e syn .11 1000 2000 SCALE IN FEET n PP RK L� �J UAKUTA COUN'rY . PLAT '1 j t UN I LI FF 2nd STORM SEWER ASSESSMENT AREA PONDS AP -509 A P-49, AND BONESTROO. ROSENE, ANCERLIK & ASSOCIATES, INC. AP -25 OUTLETS Consulting Engineers TRUNK STORM SEWER IMP. St. Pp«I, Minn. PROJECT NO. 452R [Da=te:DEC. NoEAGAN, MINNESOTA � RAHN ELEM. SCHOOL POND AP -50 TRUNK STORM SEWER IMPROVEMENTS PROJECT No. 452R EAGAN, MINNESOTA 81� BONESTROO, ROSENE. ANDERUK & ASSOCIATES. INC. Engineers & Architects St. Paul, Minnesota Date: 10/20/87 Comm. 49364 --� RA H N PARK Cue � I I "PONE — ;AP -25 A 6 1 CLIFF Q` LAKE LATERAL ASSESSMENT AREA 36" ,CENTRE I 1 ` I ` I _ r TARGET 091-70 011-76 a 012-50\\ POND AP -50 18" z e CLIFF ROAD CO. RD 32 DRIVER TRAININ 011-03 FAC ILITY 010-02 NORTH 0 400 800 SCALE IN FEET POND AP -50 TRUNK STORM SEWER IMPROVEMENTS PROJECT No. 452R EAGAN, MINNESOTA 81� BONESTROO, ROSENE. ANDERUK & ASSOCIATES. INC. Engineers & Architects St. Paul, Minnesota Date: 10/20/87 Comm. 49364 --� Agenda Information demo November 5, 1987 REQUEST FOR RECONSIDERATION BEAUTIFUL SAVIOR LUTHERAN CHURCH ADDITION A. Request for Reconsideration, Beautiful Savior Lutheran Church Addition (Final Plat Approval Requirements) --Enclosed on page _103 is a letter from Darrell Isebrand requesting reconsideration of condition #4 of the final plat development contract agreement which requires the church to relocate its present unapproved driveway access to a location opposite the main driveway entrance for The Pines Condominiums on the north side of Berry Ridge Road. This requirement was identified to the church as early as August 1986, as referenced in a staff memo enclosed on page --`- Upon the churches request and the Council's approval, the building permit for the structure was issued prior to the completion of the platting process. During the preliminary plat process, the requirement to relocate the proposed driveway access onto Berry Ridge Road was mentioned several times on the staff report and was ultimately placed as condition number 4 of preliminary plat approval granted by Council action on October 21, 1986. Unfortunately, the church proceeded with the unauthorized construction of the parking lot facilities in accordance with unapproved plans under the original premature building permit issuance without following through with the final plat process. Subsequently, the letter enclosed on page E2 was forwarded to the congregation secretary informing the church of their need to comply with Council requirements. Enclosed on pages and is a response from the architect representing the church, contesting the requirement to relocate the now existing unauthorized driveway access. Enclosed on pages through is a response clarifying in further detail the ecessity for compliance with this early requirement. Enclosed on page J/ is a letter from the Building Ins esction Department also reques ing compliance. Enclosed on page is a site plan showing the most recent approved reconstruction anto comply with the Council's final plat requirements. With the execution of the development contract for the final plat approval granted on October 6, 1987, the church has placed the appropriate financial guarantees to insure that this reconstruction work will be completed by June of 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the request to delete condition number 4 of the final plat development contract for Beautiful Savior 1st Addition. A Oct 23, 1957 41'51`� N. Nybro lane Ea,Van, Mn. 55123 Mr. Thomas Hedges City ,Administrator City of Eagan P.O. Box 21-199 Eagan, Mn 55122 Dear Mr. Hedges: The church council of Boauti.ful Savior Lutheran Church wokild like to roquost to bn placed on the city co-uncil agenda for the Nov. 5 meeting-. Wo would like to appall to tho city council to reconsider the proposed relocation of the driveway on Berry Ridge. Road. If you have Pi y questions please give: me a ca1.1. at hone 452--1842 or work 72Eb 6767 ex. 6104. Thank, you' cc Mr. Thomas Colbert � 3 S.inccirely yours, Darrell isebrand Be lut.iful Savior Cha.irm.an MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: AUGUST 28, 1986 SUBJECT: BEAUTIFUL SAVIOR LUTHERAN CHURCH 4150 PILOT KNOB ROAD PARCEL 10-02200-012-54 On January 4, 1977, Beautiful Savior Lutheran Church was granted a rezoning of 3.5 (Ag.) acres to a (P.F.) district just north of Hilltop Plaza and south of The Pines condominiums. At that time, a Waiver of Plat was also approved creating a separate legal parcel for the church. A site plan showing the proposed permanent structure was submitted with the intent that the building would be built within 5 years. In August, 1986, representatives of the church submitted a new site plan to the City. The Inspection. Department could not issue a building permit since the 5 -year limit was up and due to changes in the site plan. In an effort to speed up the building process, the Planning, Engineering and Inspection Departments have agreed to process the building permit (upon Council approval), but not allow building occupancy until the land is final platted. This is a win-win situation since they will be able to get their site work completed this fall, and the City gets the previously "waivered" parcel platted. A como_leted Preliminary Plat Application has been received, and this item will be scheduled for the September Advisory Planning Commission meeting. The 1986 plan will eliminate access from Pilot Knob Road with new access to the church off of Berry Ridge Road. Staff recommends lining up this drive with that of The Pines condominiums. A secondary proposed access will be to Hilltop Lane when the parking lot expands. 52 stalls are being provided with this Phase I construction. All building and parking setbacks meet Code requirements. a J� Sturm JS/jj P. -T•4' ill. Agpf 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 June 2, 1987 MR ROBT GROEHLER 4671 KINGSBURY DRIVE EAGAN MN 55122-2719 BEA BLOMQUIST Mayor THOMAS EGAN JAMES A. SMITH VIC ELLISON THEODORE WACHTER Councn Memoers THOMAS HEDGES City AaminISlraTor EUGENE VAN OVERBEKE City Oerk Re: Beautiful Savior Lutheran Church Addition Noncompliance With Final Plat Requirements - Building Permit/Occupancy Dear Mr. Groehler: On September 2, 1986, the City Council authorized the processing of a building permit application to allow the construction of the new Beautiful Savior Lutheran Church. However, it was expressly stated that no occupancy would be allowed until the final plat process had been completed to the City's satisfaction. On September 23, the Advisory Planning Commission reviewed the preliminary plat application and forwarded it to the City Council for consideration of approval with several conditions. On October 21, 1986, the City Council granted approval for the preliminary plat subject to the conditions attached to this letter. Your attention is addressed to Conditions #1, 4 and 5 which have not been complied with through the building phase nor the final plat application process. As of this date, it is my understanding that the church has proceeded to occupy this new facility without completing the final plat process. In addition, the parking lot layout and site grading and drainage is not in accordance with City approved plans or requirements. Therefore, the City would like to receive a written response by June 15, 1987, indicating a specific schedule of compliance with these conditions of the original building permit issuance and subsequent final plat approval requirements. It is anticipated that the existing parking lot facility will have to be reconstructed to comply with the City requirements. Subsequently, we would like to be assured of the church's intent to comply with these conditions in a timely manner. Your anticipated cooperation and prompt attention to these requests will be greatly appreciated. Sincerely, cc: Pastor, Beautiful Savior Lutheran Church Roger Johnson, Architect %j4 PhomaslThomas L. Hedges, City Administrator l bert, P.E. Director of Public Works TAC/jj THE LONE OAK TREE- THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY -9, if, -e Johnson, sheldoa & Sorensen ARC-nZTECTS inc. yellow cidrive mien minetonka, mn . 55343 suite 220 612-935-6337 June 26, 1987 Mr. Thomas A. Colbert, PE Director of Public Works City of Eagan 3830 Pilot Knob Rd., Box 21199 Eagan, MN 55121 RE: June 2, 1987 Letter Beautiful Savior Lutheran Church Burnsville, Minnesota Dear Mr. Colbert: I am writing this letter on behalf of Mr. Robert Groehler, Building Committee Chairman for Beautiful Savior Lutheran Church in response to your above letter. According to your letter, there appears to be three problem areas in regard to the occupancy permit which you have tied to your final plat requirements. The first point of building occupancy not occurring until the property has received the final plat approval was obviously waived so that the Owner could occupy once the building was substantially complete because to my knowledge the Owner has made every conceivable attempt possible to get the City and the surveyor to act on the information that the City has requested. I believe that the Owner has made a good faith attempt to get the final plat for approximately six months. The second point of contention regarding the alignment of the driveway on to Berry Ridge Road being directly opposite the driveway entrance for the "Pines". At the time when our Working Drawings were substantially complete and were into the City for Plan Review, we met at City Hall on September 3, 1986 with Mr. Richard Hefti, Assistant city Engineer, Julie from the Planning Department and with Jim Sterm (not sure of spelling) regarding going over the Site Plan. At that time, they asked us to try to get alignment as close as possible to the "Pines" entrance and asked us to field measure the entrance to the "Pines" and to incorporate that entrance on to our landscape plan. We measures the "Pines" entrance and incorporated that on to the landscape plan dated 9/5/86 (see attached). That plan was then returned to the City showing the relationship between the two driveways. We have never heard of any problems with that relationship until your letter of June 2. Unfortunately, had we gotten feedback that this was not acceptable at that time, we could have made the adjustment before the fact and before the parking lot was constructed. �7 Mr. Thomas A. Colbert, P.E. -2- June 26, 1987 The third and final point regarding the development and installation of a new storm sewer to collect run-off from parking areas and directed into Pilot Knob storm sewer system: At our 9/3/86 meeting, we clarified with Mr. Hefti that we would be providing curbing at the Church sides of the parking lots. However, it was our impression from Mr. Hefti and again was referenced on our landscape plan that the two following factors were occurring: 1. Pilot Knob Road planning was still not complete and the only storm drainage at that time as well as today, is a culvert and ditch system. 2. We are set up to expand our parking in the future to the west and that consequently, we need not to provide any curb or gutter at that side. Mr. Hefti agreed to both of those terms and they were incorporated into our landscape plan. Once we know what is going to happen to the storm sewer system for Pilot Knob Road's drainage system, the Owner will work with you to make this drainage solution. However, we have to know how the expanded Pilot Knob Road along with the service road, bike path, etc., will work. Please feelfree to give me a call if you have any questions or comments and we would be pleased to meet with you at the site at your convenience. Sincerely, JOHNSON, SHELDON & SORENSEN ARCHITECTS, INC. V-,Vn +e�i-u Roger F. Johnson RFJ:gmn cc: Bob Groehler 4gr,, ttcl 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 Mayor PHONE? (612) 454-8100 THOMAS EGAN JAMES A SMITH VC EiL.SON :rEODORE WACHTE!2 Coumd Memoers June 30, 1987 THOMAS HEDGES City Aominwrwor EUGENE VA's! CVERBE�E GN Oerk MR. ROGER F JOHNSON JOHNSON, SHELDON AND SORENSON ARCHITECTS, INCORPORATED SUITE 220 10249 YELLOW CIRCLE DRIVE MINNETONKA MN 55343 Re: Beautiful Savior Lutheran Church Addition Noncompliance With Final Plat Requirements - Building Permits/Occupancy Dear Mr. Johnson: I have reviewed your letter of June 26, sent in response to my letter of June 2 regarding various issues of noncompliance for the above referenced subdivision. In regard to the first point of building occupancy prior to final plat approval, you indicated that this was "obviously waived" so that the owner could occupy the building. I can find no record of written or verbal waiver of ,this City Council requirement. Therefore, please provide - me with documentation that substantiates your contention regarding compliance of this condition. In response to a second issue regarding the alignment of the driveway onto Berry Ridge Road, you referenced a meeting with Engineering and Planning staff on September 3, 1986. This staff meeting reviewed some very preliminary concept site plans in relationship to your building permit request prior to completion of the subdivision platting ordinance requirements. You acknowledged that even at that meeting, the staff requested revisions to resolve the concerns regarding the offset centerlines of your proposed driveway with the existing driveway of the Pines Condominiums to the north. You referred to a landscaping plan dated 9-5-86 showing the offset driveways still existing. You indicate that you never heard of any problems with the offset driveways from September 3, 1986 until my letter of June 2. I don't know how you can make such a statement when as a THE LONE OAK TREE.. THE SYMBOL OF STY NGTH AND GROWTH IN OUR COMMUNITY Roger F. Johnson June 30, 1987 Page Two part of the required platting process, the City prepared a staff report reviewing the proposed development of the site. A copy of that staff report is again enclosed for your information. Please note that second sentence of the paragraph under "SITE PLAN" on the first page. Also on page two, the third sentence under the heading "GRADING/DRAINAGE." In addition, the first sentence of the third paragraph under the heading "STREETS" on page two of the same report. Please note that condition number 4 on page 4 of the staff's report was also included as condition number 4 of the Planning Commission minutes of September 23, 1986 and condition number 4 of the City Council minutes of October 21, 1986, after considerable discussion regarding this issue at all appropriate meetings. The building permit was issued prematurely for the church to begin the foundation and structural development of the facility while the platting process was being pursued. At every step along the way, the staff was continuing to request revisions to the original site plan drawings to be submitted for review and approval prior to construction of the parking lot layout and storm sewer facilities. The staff has not received any revisions beyond the original September 6, 1986 submittals. In fact, most recent landscaping plans submitted with the final plat application are still the original unapproved plans of September 5, 1986. You stated also that you feel the owner has made a good faith attempt to get the final plat approved for approximately the last six months. Although a blank application form was submitted in January of 1987, none of the -submittals required with that application form were submitted until the middle of March, 1987. Even now, we have not received all of the required site, landscaping and engineering plans necessary to process this application for subsequent final plat approval. In regard to the future expansion of the parking lot toward Pilot Knob Road, once the driveways are lined up as continuously required by the City, there would be no expansion alternatives available due to the setback requirements from the existing right-of-way dedication of Pilot Knob Road, therefore, concrete curbing will be required around the entire perimeter of this parking lot once it has been reconstructed to its final approved dimensions and locations. The City feels that the applicant has been well informed with all requirements stipulated with the conditional premature issuance of the building permit and the subsequent final platting process. However, we feel that the project management ignored these conditions and continued to rely on the original unapproved plan submittals for construction of the existing improvements. Roger F. Johnson June 30, 1987 Page Three Therefore, I again would like to receive a written response by July 15, 1987, indicating a specific schedule of compliance with the conditions -of the original building permit issuance and subsequent final plat approval requirements. If the requested written response is not received by that date, this issue will be brought to the Council's attention at their July 21 meeting. We hope that this follow-up letter helps to remove any doubts that may exist regarding the church's obligations associated with the development of their new facility. Your anticipated cooperation and prompt attention to these requests will be greatly appreciated. Sincerely, Thomas A. Colbert Director of Public Works cc: Pastor/Beautiful Savior Lutheran Church Robert Groehler, Applicant's Representative Thomas L. Hedges, City Administrator Paul Hauge, City Attorney TAC/jeh 9/ 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 BEA BLOMQUIST PHONE: (612) 454-8100 Mayor THOMAS EGAN JAMES A SMITH VIC ELLISON THEODORE WACHTER July 1, 1987 Council Members THOMAS HEDGES CQty Aammisrraror EUGENE VAN OVERBEKE City Clerk MR BOB GROEHLER BEAUTIFUL SAVIOR LUTHERAN CHURCH 14150 PILOT KNOB RD ' EAGAN, MN 55123 Dear Mr. Groehler: The City of Eagan has been experiencing a high volume of development and construction. While most requirements are standard, some are unique to specific developments. As a result of our volume, the Building Inspections Department was unaware of special conditions placed on your plat. A Certificate of Occupancy was issued in error by this department prior to the completion of all special conditions. When this error was noted, the Building Inspections Department contacted Mr. Ed Kirscht of the City Engineering Department, thereby advising of the potential need to revoke the Certificate of Occupancy if this issue could not be resolved. Both the Building Inspections Department and Engineering Department will refrain from revoking the Certificate of Occupancy as long as continued progress is made to resolve the conditions of this plat. Sincerely, cz&1-4-A -r'-1 z Doug Reid -V Chief Building Official DR/js CC: Tom Hedges, City Administrator Tom Colbert, Director of Public Works Ed Kirscht, Engineering Tech. THE LONE OAK TREE.. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Ar Z-9 MTVMjr,� _ __ __..- -- -�► -BERRY RIDGE ROAD ----- ---- -- �naE NoT>r� A�+C,rJ pT+-#Vr; w/ "P�r-:e-s" �,•+-dvEw,47 I�.ff LI WIC cuT i� u �Y1(1?•PW 7eXI7T. 74BL' G 0 I�:; aR On r 6ys-.5 4 r- #aLLI 10 C f l�! lel f' t ,o' " 'T '•'� 'i.•:.•.:•::•:•:•• :•:•:•:•.•. � f{ �7�. QIh N �✓1 Pryl-I lo ,,. ' �.dr' 2 i _ ._..% SII — -�-- � •' \��� q��l -- -_- V�I�._f .i Rol r i i `. p,Nrw ('f�=- — ! i' '/i, ' 1 'j #lycr �'• /1,,11\urs . LI01 NE ,r p I.� ez HT — "WHiM14111iff _F ear -J7 -P Llri�y / �--,r •�,..."' !� --_ -�1 �n��.c-Io.0---`u,or�•� � L` ter,. Agenda Information Memo November 5, 1987 VARIANCE/SIENNA CORPORATION B. Front Yard Variances for Surrey Woods and Bridle Ridge Additions --This item was continued from the October 6, 1987 City Council meeting. The Planning Department received an application from the Sienna Corporation requesting a 10' front yard variance for a number of lots located in various blocks of the Bridle Ridge 1st Addition planned development. For a copy of the staff report on this item, refer to pages through �. Also enclosed on pages 16-1— and 1102/is a memo from the Director of Public Works to the City Administrator regarding this variance request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance for Surrey Woods and Bridle Ridge Additions to allow up to 10' front yard variances allowing for a 20' setback as opposed to the 30' setback requirement set forth in the City Code. 9� CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: SIENNA CORPORATION (RODNEY D. HARDY) LOCATION: LOTS 1-11, BLOCK 10; LOTS 1-25, BLOCK 7; LOTS 1-6, BLOCK 2; LOTS 1-3, BLOCK 3; LOTS 1-16, BLOCK 9; LOTS 1-21, BLOCK 8 EXISTING ZONING: PLANNED DEVELOPMENT (R-1 LAND USES) DATE OF PUBLIC HEARING: OCTOBER 6, 1987 DATE OF REPORT: APRIL 28, 1987 REPORTED BY: PLANNING DEPARTMENT APPLICATION: An application has been submitted requesting a 10' front yard Variance that would allow a front yard setback of 20'. This request applies to the following lots: Lots 1-11, Block 10; Lots 1-25, Block 7; Lots 1-6, Block 2; Lots 1-3, Block 3; Lots 1-16, Block 9; and Lots 1-21, Block 8 of the Bridle Ridge 1st Addition Planned Development. PLANNER COMMENTS: The applicant makes a twofold request: (1) that the City Council grant staff the authority to grant Variances on an administrative basis, specifically for Lots 1-11, Block 10; Lot 1-25, Block 7; Lots 1-6, Block 2; Lots 1-3, Block 3; Lots 1-16, Block 9; and Lots 1-21, Block 8; and (2) that the Council give approval for a 10' front yard Variance for Lots 22-25 of Block 7. The applicant argues that this front yard setback Variance is essential to minimize adverse grading activities and destruction of existing trees and topography. The Engineering Department has concerns with this proposal with respect to providing public services and maintaining proposed roadways. Road right-of-way for this area has been reduced by 10' (to a 50' road right-of-way) to accommodate the preservation of existing vegetation and reduce, as much as possible, grading activities. SIENNA CORPORATION PAGE TWO CONDITIONS If the enclosed Variance application is approved by the City Council, the following conditions shall apply: 1. City staff will supply the City Council with a set of criteria used to evaluate future Variance requests for this area, insofar as the City Council deems it appropriate to authorize administrative Variance procedures; 2. All applicable City Ordinances shall apply to the granting of Variances herein and/or future administrative Variances granted by City staff. '� � i••,,.+° aJ. ,^• _ ;p , as � • I � . a 9 1 ,. / \ Ott �ita',� •a+ti ��..�1 �� I - � `-_—• ,^_ ^. '•; .. - �,\, �'3' x ;�' 1 .� .!S '�. .- !'iia �`_ _.p ``=... rS`•L e{ *' n,! 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I 1 `s •"ice, r' .n.. x�' +' ° ° i �, f 1 r �� Fe E °a �� �� 49% F{,� i(r•'n[[t'vt SRF! 9€ �5 � ) I I ,�`� e + t _ t '�,_ � w �� :`� /3 I�t11 \,\ 1 .a �� a ♦`�_ 'v? ��, eM1tS atcA:•i� Si: c4 _ _ �p� r:a a A e• • ie \ s� , ii si - dC a a' SA •e •a;, {:_- _ `�f. 9 ig\�'J. ,::. r � a v�+� _= ? _; Y.y• .,(.1 J�n� -2. �• S�i I � T �6I� \1'\ 1 � - `s'"" a � ' 1 L 0 Ic pa a7i F'31:; eSiJ 7 lik I: v $f� \C'' S 1 ra _ •. Z �1 ➢:� FF i9' '__,EiF.a - F? Fli ``�, Fa !� I, } a' I" IN �i it .�} ' `` I., CORPORATION September 10, 1987 Mr.Dale Runkle City Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Suite 608.4940 Viking Drive • Minneapolis, Minnesota 55435.612-835-2808 RE: Front yard variances Surrey Woods and Bridle Ridge neighborhoods of Bridle Ridge PUD. Dear Dale: By this letter we request that the city council give city staff the right to grant front yard set back variances of up to 10, in those lots located in the Surrey Woods and Bridle Ridge neighborhoods. Those lots are legally defined as follows: Lots 1-11 Block 10; Lots 1-25, Block 7; Lots 1-6, Block 2; Lots 1-3, Block 3; Lots 1-16, Block 9; Lots 1-21, Block 8. More specifically we request at this time the adjustment from 30' to 20' set backs on lots 22, 23, 24, and 25, Block 7 due to the cover and natural slopes. We also request the ability to set the house below street grade subject to providing proper drainage. The above referenced lots are all in the Surrey Woods cul -du -sac and are heavily wooded. This variance will permit a footprint of the house plan to have minimum adverse impact on the site. Attached please find a memo from our consulting engineer, and a grading plan showing the lots included. Under separate cover from Sunshine Construction, the builder, -we are sending you floor plans and a sample footprint of the house for Lots 23-25 Block 7. Kindly place this on the next Council Agenda. We will be happy to answer any questions and discuss it further with your staff or the council. Please advise what council meeting we are scheduled for. Sincerely yours, `Rodney D. Hardy Vice President enclosure Planners ■ Developers ■ Contractors 70 n} j MEMORANDUM TO: Sienna Corporation FROM: Jim Hill, P.E. DATE: September 4, 1987 RE: Request for Variance: Front yard setback from 30' to 20' and elevations of the homes. Reason: In the development of Bridle Ridge PUD it has always been our intent to preserve as much of the natural tree forest that exists east of Elrene and south of Wescott; keeping with this intent and concern, we have minimized the site grading east of Elrene to the extent of providing for roads and proper drainage. The lot grading has been kept to a minimum to conserve the trees and brush thereon. With the ability to traverse the area now that the roads have been graded, we now see the additional beauty of the natural tree forest and wish to save as many more trees as possible. To be able to do this, we respectfully request of the City Council to grant us the ability to vary the front yard setbacks but not less than the requested minimum of 20 feet in the Bridle Ridge PUD east of Elrene and south of Wescott. The reasons being because of the existing trees and topography. Specifically we request a variance of the front yard setback from 30 feet to 20 feet on Lots 22, 23, 24 and 25 all of Block 7 of Bridle Ridge 1st Addition and the ability to vary the front yard setbacks in the requested designated area to 20 feet if necessitated by the reasons stated, trees and/or topography. Also, request that within said areas we have the ability to set a house elevation below the street curb )"I grade, subject to provide proper drainage away from the garage and house. The above requests will give us the opportunity to not only design homes for specific lot conditions but also give us more flexibility in the placement of the home on the lot with respect to location and grade. I--:- '•, MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 2, 1987 SUBJECT: VARIANCE REQUEST, FRONT YARD SETBACKS SURREY WOODS AND BRIDLE RIDGE ADDITIONS Item I of New Business for the October 6 Council meeting pertains to a request submitted by the developer of the Surrey Woods and Bridle Ridge Additions for a variance from City Codes to the front yard setbacks for a total of 86 lots within these subdivisions. I have very serious concerns regarding this request and any potential favorable consideration by Council action. At this developers initiation, the Developers Task Force was formulated in 1986 to specifically review the subdivision and engineering standards pertaining to street width, right-of-way width, length of cul-de-sacs, etc. The developer proposed this review to ensure that the required standards for new developments were the absolute minimum as required by Engineering, Planning and overall community standards. There were representatives of the development community for single family, multiple and commercial developments as well as representatives from the Planning Commission and City Council in addition to the appropriate department heads and support staff personnel. As a result of this task force, new "minimum" standards were established and recently adopted by formal Council action. Several standards were reduced to help minimize the financial impact on future residents of the community in regards to initial building costs. Through very close scrutiny of these standards, there was no room available for staff discretion or other variances as these were determined to be the minimum. However, in .light of these new standards, this developer is now pursuing further variances to front yard setbacks after street widths and right-of-way widths have already been reduced to their absolute minimum. This significantly compromises the "minimum" engineering standards that were taken into consideration when the new development standards were adopted. I strongly feel that any developer who chooses to develop a new subdivision based on the absolute minimum standards available and does not provide any leeway in his site planning to accommodate unforeseen circumstances should not expect to receive further variances. The alternative would be to develop the subdivision with greater than minimum standards to allow variances to be granted in situations where they may have certain merit without compromising specific engineering, planning or community standards. /0/ Thomas L. Hedges October 2, 1987 Page Two The developer will try to make the City feel guilty for the removal of trees that would have been necessary under the original community standards anyhow. While staff is very sensitive to the environmental issues, removal of trees is inherent to the initial development process and should not be used as a reason to compromise minimum standards. Please let me know what additional action or information I can provide to help impress the importance of maintaining absolute minimum standards without further variances. Respectively submitted, Director of Public Wor s � TAC/j h /0 7- Agenda Information Memo November 5, 1987 CLIFF LAKE GALLERIA AND TOWERS/COMP GUIDE PLAN AMENDMENT PD AMENDMENTZPRELIMINARY PLAT A. Comprehensive Guide Plan Amendment, Amendment to Planned Unit Agreement, and Preliminary Plat for Plat Entitled Cliff Lake Galleria and Towers --The Advisory Planning Commission held a public hearing at their regular meeting held on October 27, 1987, to consider an application from the Hoffman Development Group requesting a preliminary plat entitled Cliff Lake Galleria and Tower under the Eagan Hills West Planned Development. In addition to the application, staff findings indicated a need to consider an amendment to the Eagan Hills West Planned Development Agreement and a Comprehensive Guide Plan Amendment relative to the project. Upon consideration, the APC moved to acknowledge staff findings but to take no action on the planned development agreement amendment and comprehensive guide plan amendment issues. The APC is recommending denial of the preliminary plat application to the City Council. For a copy of the report as prepared by the Planning and Engineering Department o4 this application and its related issues, refer to pages /4Lthrough_Z50. In addition, the City Attorney's r view of issues r ised in the staff report, is found on pages through. Staff would also direct your attention to the Traffic Report prepared in this regard and distributed last week as part of the APC materials. If any member of the Council has need for an additional copy of that report, please contact staff. The Advisory Parks and Recreation Commission considered this item at their special meeting of October 22. The Commission is making several recommendations regarding mitigation of Park impacts, provision of a park trailway and trail system and other means of minimizing the impact of the development on the natural features of the site. A copy of a memorandum from Parks & Recreation Director Vraa concerning these recommendations should the 'City Council approve this plat is attached on pages 16,15 through. For a copy of the APC action on this item, refer to pages/47-11 ACTION TO BE CONSIDERED ON THIS ITEM: 1) to consider action regarding the finding concerning the need for a Planned Develop- ment amendment, 2) to consider action regarding the finding concerning the need for a comprehensive guide plan amendment, and 3) to approve or deny the preliminary plat entitled, Cliff Lake Galleria and Tower. �a3 M CITY OF EAGAN SUBJECT: PRELIMINARY PLAT/CLIFF LAKE CENTER APPLICANT: HOFFMAN DEVELOPMENT GROUP LOCATION: PART OF THE SW 1/4 OF SECTION 29 EXISTING ZONING: PD (PLANNED DEVELOPMENT) UNDER THE EAGAN HILLS WEST PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: AUGUST 25, 1987 (CONTINUED TO OCTOBER 27, 1987) DATE OF REPORT: ORIGINAL REPORT DONE AUGUST 17, 1987 (UPDATED OCTOBER 19, 1987) REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval consisting of approximately 99.9 acres and containing three lots consisting of 27.79 acres and four outlots consisting of 72.1 acres for future development zoning and land use. ZONING LAND USE: Presently the property is zoned PD (Planned Development) under the Eagan Hills West planned development consisting of approximately 384 acres. The portion of the development which lies south of the Northern States Power easement contains approximately 99.9 acres and, according to the Eagan Hills West planned development, does allow for commercial and residential development in this general area. Attached is Exhibit D of the planned development agreement labeled "Land Use" which designates the locations of the commercial areas and residential areas. The comprehensive plan designates the southerly portion of the Eagan Hills West planned development as LB (Limited Business), NB (Neighborhood Business), and R-3 (Mixed Residential) with a density of six to twelve dwelling units an acre. The comprehensive plan recognizes the status of planned developments of record and indicates in the document that if there is a conflict between planned development agreements and the comprehensive plan, the owners of the property have the right to develop in accordance with the planned development agreement of record. The third and last issue in regard to the zoning of this property is the underlying zoning of property. The underlying zoning is CSC (Community Shopping Center) and R-4 (Residential Multiple). This zoning would only have an effect if the planned development, Eagan Hills West, would be removed or terminated. A City zoning ordinance references the relationship to the planned development and underlying zoning that the planned development is superimposed over the existing zoning and that the planned development agreement governs the use of the property. Exhibit 2 is an excerpt of the zoning ordinance referencing the relationship between planned developments and underlying zoning /D V The August 17 report brought up many issues in regard to the Cliff Lake Center proposal. These issues were the points of discussion at the August 25, 1987 public hearing. In reference to the minutes of August 25, staff has tried to review those minutes and to bring out the issues of concern that were discussed on August 25. The basic concerns raised were 1) whether an amendment or rezoning is needed in order to process this proposal, 2) whether the EAW is adequate or a new one has to be provided, 3) the kind of traffic impacts this site will generate and if the street system will be able to handle the additional traffic, and 4) the general concern regarding the preservation of trees and park dedication for this development. Instead of working on the site specific plan, the questions raised were regarding the entire site development and consistencies with the existing planned development of record. Staff has been doing much research into the history of the Eagan Hills West planned development to get at the basic questions of zoning and amendments to PD's. In fact, does this particular project need to amend the planned development and therefore initiate the rezoning process in order to develop according to the plan submitted? In response to this question, the City Administrator has requested the City Attorney to investigate the legal aspects relative to this issue. For a detailed analysis as to the legal conclusions, the City Attorney has prepared a legal opinion regarding the zoning requirements for this planned development. Attached to this report is the legal opinion regarding whether or not the Cliff Lake Center proposal meets the zoning of the Eagan Hills West planned development. Attached is Exhibit 3, the legal opinion regarding the zoning of the Cliff Lake Center proposal. Staff has also been working with the applicants and City Council regarding the Environmental Assessment Worksheet for Cliff Lake Center. As stated in the original report, an Environmental Assessment Worksheet had been prepared in 1982 and the developer indicated that he felt this document was still sufficient and applied to the Cliff Lake Center. The City received a petition after the original public hearing of August 25. This petition was reviewed by the Eagan City Council at its September 15, 1987 meeting and the Council did order a new Environmental Assessment Worksheet for the 100 acres south of the NSP powerline, pursuant to mandatory categories (MN Rules 4410.4300) which incorporates the Cliff Lake Center development proposal. This document is in the preparation stage and is being reviewed by City staff in regard to the accuracy and factual information of the document. There are still some issues of concern and staff is working with the developer to resolve the differences of opinion in the document. It is anticipated that this document will be published in the Environmental Quality Board Monitor on November 2, 1987, which would start the thirty -day review period of the state agencies. /66 n TRANSPORTATION PLAN: City staff has been working for the past sixty days to come up with an overall transportation study which addresses the impacts of the Cliff Lake Center. Many meetings have been held and hours have been spent trying to analyze the most accurate information regarding the transportation impacts to and around this site. As of this date, the traffic engineers are still analyzing and compiling the detailed traffic report to be attached to this packet. The transportation report will analyze the impacts that Cliff Lake Center will have on Rahn Road, the east/west road, and Cliff Road, and some alternatives will be suggested to minimize some of these transportation impacts. Please refer to the engineer section and the traffic report for the summary and the detail for the transportation study to be included with this staff report. PARK DEDICATION & PRESERVATION OF THE NATURAL CHARACTERISTICS OF THE SITE: Staff has been working with the applicant with regard to the overall park dedication for the Eagan Hills West planned development. The Park Commission will review the Cliff Lake Galleria on October 22, 1987 and a staff memo details the following comments in regard to the amount of traffic on Rahn Road and the effects on the parking and overall park facilities associated with Rahn Park. The developer shall provide a trailway along Rahn Road north of Cliff Road to Shale Lane. The Park Commission had a concern with the overall landscaping and parking and indicated that the developer shall visually screen and break up the parking areas with landscaping as much as possible. The major concern in regard to the park dedication is that the developer, if not able to provide the total park. dedication as required through the Eagan Hills West planned development agreement, shall substitute the remaining acres not dedicated into a cash dedication that has been agreed upon by both the City and the developer. The last concern is in regard to the saving of trees and the natural characteristics of the site. In the Environmental Assessment Worksheet, the applicants have indicated that, of four hundred plus trees, they are proposing to preserve approximately ninety trees in their present location and transplant another forty trees in other locations of the site. The applicants have indicated that they have used aerial photos and low altitude photographs to locate the trees' sizes, species, etc. in order to save as many of the trees as possible. The applicants will provide an update on the process they have gone through to preserve trees onsite. SITE PLAN REVIEW: The site plan review is conducted on the three platted lots containing 27.79 acres. Target is proposed to be located on Lot 1 and the building would contain 28% lot coverage. Super Valu would be located on Lot 2 and, with expansion, would contain 20% building coverage. On Lot 3, the strip center of 110,000 square feet would contain 24% building coverage. In review of the first phase development, parking space calculations are approximately one hundred in excess of what is required. The parking space dimensions are 10 x 20 with a 64' overall parking stall dimension which is a City requirement. In the review of the overall development plan, the plan is predicated on a Cliff Road right-of-way of 100', Rahn Road being an 80' right-of-way, and Street A also an 80' right-of-way. The detailed traffic study should determine if the right-of-ways being dedicated are adequate to handle the traffic generated from this development proposal. If /4 these right-of-ways are not adequate, additional dedication should be required in accordance with the recommendation of the traffic engineer. If additional dedication is required, modifications will have to be made to the development proposal because some of the setbacks regarding the green area from right-of-way are minimum and would have to modify the parking and building locations to meet all of the setback requirements. The detailed analysis has only been done for the three lots being platted. The additional outlots will go through the platting process and site plan review at a future point in time. GRADING/DRAINAGE/EROSION CONTROL: The intent of the revised grading, drainage and erosion control analysis is to be a supplement to the original report prepared on August 17, 1987. The revised grading plan submitted with this application shows virtually no change in the proposed building elevations as well as the grading of the parking lot areas. The grading concerns addressed in the August 17 report are still valid for the revised site plan submitted. The August 17 report addresses the need for a sedimentation pond on the north side of Cliff Lake (AP -11). The original submission did not supply sufficient data to do a detailed analysis on the requirements for a sedimentation pond. The development has subsequently submitted a sedimentation basin design which was reviewed by the Dakota County Soil and Water Conservation District and their analysis is attached as Exhibit "A". The August 17 report expressed concerns about storm water runoff discharging directly into Cliff Lake. The revised drainage plan shows runoff which is generated by the site being routed first through a proposed sedimentation basin on the north side of Cliff Lake before discharging into Cliff Lake. The area proposed to discharge into the sedimentation basin is limited to the area immediately west of Cliff Lake, including the service drive and parking areas on the easterly side of the proposed shopping center, a portion of the proposed east/west roadway and a portion of the rooftop drainage. The remaining storm water runoff generated by the proposal is directed to Pond AP -24 and Pond AP -25. Based on the proposed layout for Cliff Lake Center and the anticipated development of the surrounding area, an analysis was performed to evaluate pond sizes and the outflow rates for the area based on the following assumptions: 1. The outlet for Cliff Lake (AP -11) would be constructed in accordance with the Comprehensive Plan (7.4 CFS outflow, 83.0 Acre Feet storage). 2. Rahn Park west of Rahn Road would remain landlocked and not contribute runoff to the adjacent drainage areas. 3. The outflow rate for the existing storm sewer in.Rahri'Road south of the Cliff Lake Development is 22 CFS. 'It was assumed that all the immediate ponds in the area would first discharge into Pond AP -24 therefore resulting in the outflow rate for Pond AP -24 as 22 CFS. 4. Pond AP -25 in the Cliff Lake Center Development is restricted to 4 Acre Feet storage. 5. Pond AP -50 will discharge directly into pond AP -25 based on the following assumptions: a. The storage in Pond AP -50 is limited to 10.2 Acre Feet b. The direct drainage area to Pond AP -50 south of Cliff Road is limited to 17.95 acres. The remaining 30.5 acres lying south of Cliff Road would be restricted to a one CFS outflow into Pond AP -50/ Based on the above parameters, the storage volume required in Pond AP -24 is 30.96 Acre Feet based on a 22 CFS outflow rate. Therefore, the proposed size of AP -24 would have to be increased accordingly. The design of the proposed sedimentation basin can only handle a drainage area of 23.5 acres which is less than needed for development of the remaining drainage area surrounding Cliff Lake. This sedimentation basin will have to be increased to handle construction runoff of the first phase as well as ultimate development. UTILITIES: Trunk sanitary sewer of sufficient capacity and depth to handle the first phase and ultimate development of this property is immediately available along the western and northern boundaries of this development. Sanitary sewer lateral extensions and individual service lines are adequately proposed to service the existing first phase development and Outlots A, B and C adjacent to Cliff and Rahn Road. Water service for this development presently does not exist. It will require the installation of a 16" trunk water main from the existing stub on Blackhawk Road north of I -35E to the existing 16" trunk water main at the intersection of Cliff and Rahn Road. A 12" diameter trunk main must also be interconnected to the existing 12" trunk water main stub located in Beaver Dam Road at Shale Lane. Internal lateral water main extensions and individual service lines necessary to service the first phase development and Outlots A, B and C are adequately provided for. TRAFFIC: A detailed traffic analysis has been prepared by the City's traffic engineering consultant. The attached traffic report for the proposed Cliff Lake Center Development addresses the issues raised at the September Advisory Planning Commission meeting. The final roadway improvement requirements can be determined only when the final site plan, zoning and traffic generation/distribution rates have been established for the proposed first phase and ultimate development. Based on the information submitted to date, it appears that the following improvements should be implemented with the first phase: 1. Upgrade the intersection of Rahn and Cliff with appropriate signals and channelization. 2. Construction of the east -west road connecting Blackhawk Road with Rahn Road in one of the alternates indentified in the traffic report. 3. Eliminate the "free right turn" egress from southbound I -35E to Cliff Road. A preliminary review by the Dakota County Plat Commission indicates that no access will be allowed from Cliff Road. EASEMENTS/PERMITS/RIGHTS-OF-WAY: A minimum 95' wide right-of-way would be required for the internal east/west connector street between Blackhawk Road and Rahn Road to accommodate the street section proposed with this development. Similarily, a 50' half right-of-way would be required for Rahn Road to accommodate the necessary upgrading that is anticipated with the ultimate development of the 99 acres. No additional right-of-way dedication is necessary for Blackhawk Road or Cliff Road beyond what has already been acquired by MnDOT through the construction of I -35E. Ponding easements will be required for all ponding areas necessary to handle the surface water runoff generated by the first phase development. Subsequent expansion or new dedication of ponding easements would be required with future phase developments as evaluated by their appropriate detail plans. Internal utility easements will be required for all sanitary sewer, storm sewer and water main facilities servicing multiple properties or providing continuity to the City's trunk facility system. Permits from the following regulatory agencies will be required for this proposed development: MnDOT, County Highway Department, DNR, MPCA and Army Corp of Engineers (Cliff Lake). Temporary access easements will be required from NSP for any construction work located within their 200' highline power easement along the northern boundary of this development. ASSESSMENTS: Trunk area sanitary sewer and water main were previously assessed under Project #64 at both the residential and commercial/industrial rates. The lateral storm sewer and street improvements for Rahn Road was assessed at a residential rate under Project 180. Blackhawk Road street improvements were previously assessed at a multiple residential rate under Project 317. The following additional assessments would become the obligation of this development if approved: ITEM QTY RATE AMOUNT Lateral Benefit 1,175' $15.08/ff $23,720 from Trunk Sanitary Sewer (Rahn Rd.) Rahn Road Surfacing 1,500' 46.93/ff (1) 70,395 Upgrade Cliff Road Upgrade 636.67' 92.76/ff 59,058 Trailways (Cliff & 2,211.67' 12.40/ff 27,425 Rahn Road) Iry PROJECT # 64 180 Future Future Trunk Area Water 0.74 ac 1,920/ac (1) 1,414 Future Upgrade Trunk Area Storm 1,472,764 sf 0.075/sf 116,348 Future Sewer TOTAL PROPOSED ASSESSMENTS .. $298,360 (1) Represents the difference between proposed commercial industrial use and previously assessed residential classifications based on 1987 rates. All final assessment obligations would be based on the rates in_ effect at the time of final plat approval and quantities contained within the final plat application documents. In addition, this development shall be responsible for its proportionate share of any major roadway improvements to the overall transportation network system necessitated by either the first phase or ultimate development of this property. CLIFF LAKE GALLERIA & TOWERS CONDITIONS: 1. The applicants shall submit a rezoning application for an amend- ment to the Eagan Hills West planned development to allow this new site plan. 2. A comprehensive plan amendment will have to be submitted and approved by the Metro Council. 3. A negative declaration shall be arrived at with the Environmental Assessment Worksheet and the preliminary plat shall be contingent on all findings or recommendations of the thirty state agencies. 4. The standard plat conditions shall apply. 5. The detailed landscape plan and lighting plan shall be reviewed and approved by the City, and an adequate bond shall be submitted and not released until one year after the landscaping has been completed. 6. A determination will have to be made from the Department of Natural Resources in regard to compliance with the Shoreline Zoning District for Cliff Lake. 7. Architectural treatments shall be reviewed in detail and all sides shall be constructed of the same material. All loading docks shall have false walls or screening walls to properly screen the loading dock areas. 8. Because of the elevation difference between Cliff Road and the proposed center, parapet walls and mechanical devices on the roof shall be reviewed carefully and screened to the maximum extent possible. 9. This development shall comply with the most recent requirements of the standard conditions of approval as adopted by Council action. 10. A detailed grading plan must incorporate the proposed sedimentation pond to Cliff Lake, Ponds AP -22, AP -23 and AP -24 in addition to Pond AP -11 (Cliff Lake) and AP -25 (Rahn Road) compatible with City approved storage volume capacity requirements. 11. The retaining wall design must be prepared in accordance with City standards. 12. A specific detailed erosion and sediment control plan necessary for the water quality protection of Pond AP -11 (Cliff Lake) must be approved by the City prior to any construction activity initiation. CLIFF LAKE CONDITIONS CONTINUED w 13. A revision to the comprehensive storm sewer management plan must be approved prior to final plat approval. 14. A comprehensive traffic impact analysis must be performed evaluating the ultimate road improvements required with the ,full phased development as approved by the City and the County. 15. This development shal-1 be responsible for its proportionate share of any major thoroughfare improvements necessitated by this development. 16. The proposed sedimentation basin is required to be redesigned and properly sized to handle construction activity sediment loading as well as ultimate development within the drainage basin tributary to AP -11 (Cliff Lake). 6 EXHIBIT 1 r l r l -� _ _ ' ._._._ �. _ •ter_ '- . •� • � _1 t 1 ' •.' � �� •��_ ��T� T �1 a -`�Ij' ��'-��.a .-���. 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IJP r �- ; _- (,f - ,//�. r•(t%11�'ryy�`�\ �•�Y / 1. .,({ jam./i ! ✓i. �.1�: '.�'' �, �• '•4i+' y�. f•:"! ! ,�:` �l ,t I ,� , ed der► jnec den ' 1`\-_; ; �I •4r" L�r`- .� � • �f,,u� � t � ���/// i 1. , �1,• _942 aG -�_/ ( j •.. ��1 3 e 'irl•�h 1 ../h'�. •�`:'C�j1�•� �• 1`z�1 \•`l. _ Qr�i,''. � �•_ • `_ /1� r-= -~- ; ti���•, } :ter � ud. °i c•' j'/f� • •_, �. ���ly�j/� .•�..��, •,,•.��v '4 ,� �' __•;,.j '•�,1T"-�lJ)®..` �.,'IJ �` ,, %1�/ �; ••T r $ I I,t .III /l`.3� �.�•- Y X1('/1 l 1!. ° \ /-:. ; _•� �.� �=; �• n� 6 4�6 oM0•�r,. •ri �,�,r t (�,f���,♦ �, i. �::-. t a`a. ,,,�1 .a,r ly.: rh.!_- J� ..l .I<R.\• :'7�ri�j -4'( ��( ._' �• �17 'i ].���1, ------Vg, `Di 1q..,t/.I,•(t/�;"�-1•^ \ �� - .` :)!ri' M .�5 �,. ��� Ir, d \�'�!• - ''//''_�lr�-,}'��t ;r.J((' i s/ 11:1 I� � I� \ �_ ° •_,� _ _ .1 ,` ���. �• t `�/` ,� ��yr,� �':�i r`1�'�-w \{ , __ _ -1 � � `'. � , v ,�� �t� 1 -` '��� I1/� � � - ..{� :L' •�� .:1\ �! T .•Y�+•J_i � :""L'�'i� , ` .� } i1� iii `ll �1 tjr!�� i'• -.��:' , �. �'!� l.� ( ��• . _•�, �/jilr•i , - r(i �� 1 ,16ubc 1/ ��_y f.,�-.�.jL 1•y„�. gnr �` 1•'l��� l},%. '_.J`, :.• ,t3fl �r 31.�yy�'���,-•F-l� \�7� ` 11�}t vk ►:�j tt \� V.., ' � EXHIBIT D A Du,u, d Cum- Cuoauunin Y 22-1,14wVI. WEST A Planned Untt Development © •A3 C--. s C__r w.., a.,.,. M.n. p.n+na. 4,4 n Land Use Plan "EXHIBIT TWO" Subd. 8. PD - Planned Development District. A. Purpose and Intent. This is supplemen- tary to all other zoning districts contained in this Chapter, the purpose of which is to encourage, under appro- priate circumstances, a more creative, varied and efficient use of land in the City. Where such supplementary zoning is approved, it shall be deemed supplementary and superimposed over the basic zoning of the property under consideration. Where a conflict may arise between the requirements of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail. B. Determination. In considering any peti- tion for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: 1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; 2) be feasible for the owner and developer economically to complete according to proposed plans; and, 3) benefit the community at large to a greater degree than would development of the underlying zoning district. C. Procedure. All petitions for a planned development shall be processed in accordance with applica- tions for zoning under this Chapter, building permits under City Code Chapter 4 and subdivisions under City Code Chapter 13, and all other applicable City Code provisions. In addi- tion, the applicant shall be required to submit all such further data, drawings, exhibits, plans, specifications, time projections for development of the district, financial information and any other materials that the Planning Commission and/or the Council shall deem necessary and appropriate to a consideration of any planned development petition. Initially such petition shall be in the form of a "preliminary plan" as outlined in Subdivision 6, Subpara- graph B of Section 11.40. Upon approval being granted by the Council, and prior to any construction, the applicant shall be required to submit "final plans" as described in Subdivision 6, Subparagraph D of Section 11.40. D. Planned Development Agreement. As a part of the approval of the "preliminary plan", a "Planned Devel- opment Agreement" shall be approved by the Council as described in Subdivision 6, Subparagraph C of Section 11.40. Source: Ordinance No. 52 Effective Date: 4-25-75 295 (6-15-87) 6 MINNESOTA SOIL AND WATER "A" EXHIBIT - j;' DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT CONSERVATION DISTRICTS October 8, 1987 TO: Mike Foertsch City of Eagan FROM: John Barten Dakota County SWCD RE: Cliff Lake Centre sediment basin design. Farmington Professional Building 821 Third Street Farmington, MN 55024 Phone: (612) 463-8626 The sediment basin appears to have been adequately designed for post -development conditions at the Cliff Lake site. However, the basin is inadequate for sediment trapping during site construction. A delivered sediment volume of 0.0013 acre feet per acre per year was used to determine the sediment storage volume needed. As indicated in the SCS Basin Design Criteria, this volume is for 'basins in non - construction watersheds. A delivered sediment volume of 0.5 inches per acre per year should be used to determine the necessary basin storage volume during construction (Page 11, SCS Sediment Basin Design). Using this figure increases the -storage volume by 0.67 acre feet. This design change should be made in order to protect Cliff Lake water quality. The increased basin size will also increase post -development stormwater detention time and, therefore, increase sediment and nutrient removal from stormwater. A three day detention time has been shown to maximize nutrient removal from stormwater. This would prevent degradation of Cliff Lake water quality. AN EQUAL OPPORTUNITY EMPLOYER > iu_ 0 T4, ------------ ------------- oulic t CmZ. LJ; Sheol A a All LOT 2 1 1 I l i Oullot D pp if It LOT C 0 -fiat C ,a Cliff Loks rri 0 cl LOT ul lot A To p .0 M2, SAN. SEWER LATERAL BENEFIT ly WATER AREA UPGRADE -STORM SEWER TRUNK STORM SEWER LATERAL BENEFIT w ;A p-8 869:3 876.0 - ' N l rn �A P 1 AP -9 . .0 892.3 T -j1898 , 8 10 J: is! s 54 A P= I ;I Wool CLIFF LAKE GALLERIA SUBJECT PARCEL ................. ................ B -k AP 28 ;9 10.0 918,1 00 931.3BP-23 BP - 882 910. 887.0 1 8971 FIG. #1 city of ea gan approved: standard PUBLIC STORM S WER plate WORKS DEPARTMENT MASTER LAN i � � o +�wlra�4tit•1 _ ix pf t ri _ $ z > -� it iii MMEMMM RAHN RD. 0.00.000••• CLIFF RD. +••�•■00.0•■ TRAILWAY W_M i N -1 j I 'If[r..��a 2T%iY''F .`Sli If! #'i.+ •1 �' �� 5�t . 15 i W- r 18" Irl 1 1 It 12 ) VII I< Ill tiff; :: �� A7�1T7 IE It I', E WAP; 12t1 \�� 11811 }�•. 20 ' 19 h W 1 a I RIVER p► 1 'q �� • ,I II. rEti 11�I .. "1 121t it r F- IN 15 r 1777"1_l. f T7� j1211� 'RIDGECLIFPC o f Ifi1 J �+ E'.F 1ClCCON ADDITION f *11 II, W - jj W S L_ k l 4TEt , J 4% 1rJ ,f'' /-� DAKOTA COUNTY .4RK I ® C—Q $hwiHl ! rJ. 1 ;I ! ) IC APPLE VALLEY 1 ; J 1 1 CLIFF LAKE GALLERIA SUBJECT PARCEL FIG. +2 city of eagan standard PUBLIC SANITARY SEWER approved: plate #: WORKS MASTER PLAN DEPARTMENT 7/76.0 147 54.5/82-.0 ;70,* 145 46 'ARI loll J 1,W7 37. D3O 231 301 232 5 233 .4 17:0 V1, city of eagan PUBLIC WORKS DEPARTME 4 M.G. j GROUND STORAGE!! WWI 11rin I CLIFF LAKE - GALLERIA .................. SUBJECT PARCEL .......... .................. WATE MASTER AN , 1 59 8 8 0.7 P It 5 0 7 16 F 8 j15 8 ,3 �p 81.1/92.0 .8 �TOWER 7 94.G A IL .0 J-- el� FIG. *3 approved:- standard I plate 4t: a �1 OZ 0 M C C jn m oL-2 m o m .� c n i� ' c� - z n t:'7 0 0 0 0 C:a7 0 aC Q' M m S O F�= t -rt a im s z .r► r M o � M m z -I n � O c 00ui �aaaa el I I 1111 q'�:t�a lal�I Iffi;ll �;i�li�i ` fill,'{Ij I 1 Fuji+i al 1. i C) '.. 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C= c _ o z n c-= a o 0 a n W a 1 x � 1 M . o a z - m o ro M Z• --i 0 c 1 nx n np I N C ' mZ n (/1 K Z � n A 2 A A � 1 A i 1 n r W .mf c 6 i $ y i m 9 oz vi A Zz K n O a q N r MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, ZONING ADMINISTRATOR DATE: APRIL 17, 1978 SUBJECT: ENVIRONMENTAL ASSESSMENT WORKSHEET FOR EAGAN HILLS WEST The Environmental Assessment worksheet has been submitted for Eagan Hills and has been reviewed by Bob Rosene, John Voss, Bill Branch, Barb Schmidt, Dale Peterson and Dale Runkle. The comments are as f-bllows : 1. There were no negative comments on the EAW for Eagan Hills West. 2 There were concerns on the amount of vehicular trips the development would generate and the gallons of water and sewage capacity which would have to be provided. 3. It is the understanding of the staff that this development would occur in stages and all the develop- ment depends on the service the City can provide in the future. ••4. It is the recommendation of the staff that a negative declaration be declared that no Environmental Impact Statement would be required. M 4. Planning Commission Members Eagan City Planning Commission 3830 Pilot knob Road Eagan, Mn. 55122 Dear Planning Commission Members: As residents of Eagan .and homeowners who live on Rahn Road, we are very much opposed to the Cliff Lake Galleria and Towers project. We consider this project to be too larvae for the existing neighborhood in which it is intended to be placed. Rahn Road is not a high density area, it is residential, and to put a shopping center as large as the one proposed by the Hoffman, Ryan developers, in this area would be detrimental to the s=urrounding community. At present Rahn Road has more traffic than one cares for on a residential street. Putting in a major shopping center on Rahn and Cliff would increase the traffic and thereby endanger the children and pedestrians of the area. Another concern is the close proximity to Rahn school. Why put a ,large shopping center so close to an elementary school? Certainly it would increase the potential of child abductions, shoplifting, and truancy. We are not opposed to a Target in the Eagan area, in fact we would welcome it, but it must be placed in an area that is better suited for such high density traffic as this project will generate. Sincerely, ,Jim and Cheryl Bodin 4052 Rahn Road Eagan, Mn. 55122 Scott & Diane Mead 4302 Sandstone Drive Eagan, MN 55122 September 18, 1987 City of Eagan Planning Commission To Whom It May Concern: Recently my wife & I purchased a home located two blocks north of Rahn School on Sandstone Drive. The reason we bought in this area of Eagan is that it is a very nice, quiet and established residen- tial neighborhood. We have just started our family and are looking forward to raising our children in this environment. We are extremely disappointed and upset to find out there are possible plans to build a Target and other retail stores across from Rahn School - which would put the stores right in our neighborhood. Not only are we distressed by the fact of the increased traffic and traffic problems that would come about by such a development, we are very concerned about the safety of the children in the area. Putting this project so near to a grade school does not make sense! If we had known.this was under consideration, we certainly would not have purchased our home in Eagan. We do know the Planning Commi- ssion has heard many complaints about the building of this development - it appears many, many residents are very unhappy with the selection of sites. Many people have suggested building in Town Centre - what is the objection to building in that area? There appears to be ample land available and it is the perfect spot for such a -development, and yet we have not heard why there appears to be objections for development in that area. We are for bringing business into Eagan - we only ask that consideration be given to the residents - we are the ones who will be directly affected by any such building. The people who live in Eagan live in the community because it is a safe, quiet and clean environment for their families. Any large developement such as this should be carefully thought out - does Eagan really need a Target? The businesses already established should be given consideration also - what would this developement do to them? We are expressing ourselves because we are extremely concerned about our community. We want Eagan to continue to be the community it is - one we feel proud of to call home. We do hope you will listen to the many voices that have been raised over this issue and seriously consider the impact it will have on us. Sincerely, Scott -t & Diane Mead a d ��� .6 :`� -moi. __ _\. .i.?' ✓+i .rt <} -- - Y✓ - ---- - - --°�.. �-C`!Z.._JI�,.J'1.{,..,�-`:- - u., i"�-CG2.�j1 r� --'--- :.-.:�-'c.�. �_ i'l +k.t'�•� AA -� ci t{�-=-�.' Rd { _ _ � ' CLUB C% ��� , .. � ��� ,•- , ._ s�� �n-�°.`�,.. -- - _ --- . — --- -- ----_ - _.. - ----- XOJ4-� LK ._••'iJ.�FY.w "!{ .� _ g 4 _ ' i - �!_..1_W �__ �.-Y^__. �.-_l-v�rC ._-.-� / -_� fir_ �-.--L._-�i/�i']{{1 %� •_L� - t ' • ' h � - � ^�l.c Liz •��.\JL __- I. ai F .-... • 1 �'•-� V� - . .. i 4 r�R yR♦ FL s i r L }y , .__ v MI �!-� J �+V _'..-_�JWv�V� -- �iy yY� i ';t1Y;�i�•?:`Ri.: �: :+,, �t �•+ ;� K.:F '.D r':�•�� i ( / /� 1 �._:'.'i.: • ..- C:.: -k , x� (' �"� p � ( �.•� .f� i (� �+( � �% � CNjuj✓ -- - ---- — - -- 1_. t+�'� �;, i ,l V �t kJ .�✓�. _t a 1cLc G� ��J� - i'i ............... 7 Btax-,-, a ry"j CJ AA AL IV— c , Jz(- (2Y o -U-) )d jvV V� VV cL Qlv-GVI) -w -Z oi -CVIAJ.' Awl 6LkL September 14, 1987 Honorable Mayor Bea Bloomquist, We are writing to you concerning the proposed centers by the Bieter Company and Ryan Construction Company. We are pleased that you turned down the Bieter Company's proposal earlier this year and would like your continued support to deny this project. Weare opposed to having a large shopping center in our residential neighborhood. Children, schools, and family homes just don't mix! We are also opposed to any land rezoning, including j the property on Rahn Road and Cliff Road. Your philosophy of "let the buyer beware" seems only fair. Whent�homes were built and purchased the above mentioned land was not zoned for heavy commercial and shopping center use. It is unfair to change the plans now that we have our houses and families settled. The city of Eagan is growing, and we understand the need for development, but lets do it sensibly and according to the overall plan. Thank you for keeping the best interests of the city in mind and continue to deny rezoning projects! Wi iam/ and Ellen Standing 1696 Waltzt Court Eagan, Mn. 55122 V 149 M 4 ' September 14, 1987 n Dear Planning Commision, We are writing to -you concerning the proposed centers by the Bieter Company and Ryan Construction Company. We are pleased that you turned down the Bieter Company's proposal earlier this year and would like your continued support to deny this project. We are opposed to having a large shopping center in our residential neighborhood. Children, schools, and family homes just don't mix! We are also opposed to any land rezoning, including the property on Rahn Road and Cliff Road. Your philosophy of, "let the buyer beware" seems only fair. When homes were built and purchased the above mentioned land was not zoned for heavy.commercial and shopping center use. It is unfair to change the plans now that we have our houses and families settled. The city of Eagan is grcwing, and we understand the i need for development, but but let's do it sensibly and according to the overall plan. Thank you for keeping the best interests of the city in mind and continue to deny rezoning projects: William and Ellen Standing j y 1696 ivalnut-Court Eagan, 14n. 55122 October 28, 1987 City of Eagan Advisory Planning Commission 3830 Pilot Knob Road Eagan, Mn 55121 Dear Sirs: I strongly OPPOSE the proposed construction of a shopping center at the intersection of Cliff Road and Rahn Road. I live within a tew blocks of this area an am very disturbed over the negative impact this shopping center would have on my neighborhood. I bought my house in this neighborhood specifically because it was quiet and not a highly travelled area. Building a shopping center would negate my quiet and untravelled neighborhood, not to mention the impact on the elementary students directly across the street. Crime will increase with this type of shopping center and where is Eagan going to find the money and manpower to protect the people they serve? Perhaps taxes? Perhaps my taxes will go UP AGAIN and I don't feel respon- sible to pay for a shopping center I strongly OPPOSE! What a ridiculous idea that shoppers at this center will take the time to walk around the park intended for this land. Use some common sense! When was the last or first time you saw a shopping center with a nature preserve attached to the parking lot -- let alone someone actually walking around the nature preserve! Again, I strongly OPPOSE the construction of a shopping center at the intersection of Cliff Road and Rahn Road. Sincerely, Nola K. Wiese 4296 Amber Drive Eagan, Mn 55122 /�6 HAUGE, EIDE & KELLER, P.A. '7) J 1lornevs al -?au, TON1'N CENTRE PROFESSIONAL BLDG.., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, NIIN'NESOTA 55123 (612) 456-9000 October 22, 1987 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. 6ELLIN DEBRA E. SCHMIDT THOMAS P. LOWE RE: Cliff Lake Galleria/Eagan Hills West Planned Development Dear Mr. Hedges: INTRODUCTION The Advisory Planning Commission, at its meeting on August 25, 1987, held a public hearing concerning an application of Ryan/Hoffman Joint Venture for approval of a preliminary plat for Cliff Lake Galleria. In addition, the staff provided published notice for amendments to the Planned Development Agreement (Rezoning), and Comprehensive Land Use Guide Plan. Certain issues were raised at that meeting which were referred to staff and to our office for review. BACKGROUND 1. The Planned Development. The Eagan Hills West Planned Development (called EHWPD) has a long history including a previous Planned Development called Mission Hills that was apparently not consummated. The present PD proposal was submitted to the City in the mid-1970s. This development included approximately 386.52 acres of mixed uses. There were a significant number of drafts of the PD Agreement prepared in 1978 and 1979 and the final draft included a series of exhibits. An Environmental Assessment Worksheet (EAW) was apparently prepared and submitted with comments from the City Zoning Administrator dated April 17, 1978. (See April 17, 1978 Memo attached as Exhibit "A") The EAW resulted in a negative declaration, but there were concerns about the amount of vehicular trips that the development would generate and the capacities for water, storm sewer and sanitary sewer. Mr. Thomas Hedges October 22, 1987 Page 2 2. P D Annual Reviews. The EHWPD was reviewed by the City periodically. Reviews in 1980, 1981 and 1982 indicated 50.6 acres of commercial area while reviews beginning in December of 1983 and November of 1985 provided for 101.78 ac --es of High.Density, CSC, RB and LB area. (74.2 acres Commercial and 27.6 acres High Density Residential) A formal change in the number of acres could not take place without formal approval by the Planning Commission and City Council through the public hearing process. The first indication of the commercial area being greater than 50.6 acres appeared in 1983 when an attachment to the PD review indicated 74.18 acres of Commercial Service Center, Retail Business, Limited Business and High Density Residential area. There is no indication that the City formally approved any revisions. 3. Recent Developments. In recent years, a large portion of the residential area has been developed -to the north, significant park land has been dedicated and right-of-way for 35E has been acquired. In late 1986, the Hoffman Group made a presentation to the Northern Dakota County Chambers of Commerce with drawings indicating a proposed retail office complex on the property. In June of 1987, the owner/developer announced the proposed retail complex to include a major discount store and a grocery operation. An application for preliminary plat approval was submitted to the staff, and meetings were held with staff members and representatives of the owner and developer in July and August prior to the hearing by the Advisory Planning Commission on August 25, 1987. The APC continued the application after a lengthy public hearing, and requested staff and our office to address several issues. In September, the developer requested that the application be continued until an October meeting while agreeing to move forward with an EAW. The developer granted approval to a continuance of the public hearing before the APC to its October 27, 1987 meeting and the staff has formally noticed PD amendment and comprehensive guide amendment hearings for the same meeting. Many issues have surfaced and the following is a summary of our findings and recommendations. Mr. Thomas Hedges October 22, 1987 Page 3 ISSUES AND DISCUSSION 1. Is a new Environmental Assessment Worksheet required? As was mentioned above, it appeared that the EAW process was implemented approximately in 1978, although an EAW for the entire EHWPD was accomplished in 1982. It was the developer's position that the EAW performed in 1982 was sufficient to address the commercial site. However, a Petition from residents was submitted to the City for an EAW and the City Council, at its meeting on September 15, 1987 ordered that a new EAW be prepared. The responsibility for its preparation is by the Responsible Governmental Unit (RGU) or its agents, and the RGU is responsible for the completeness and accuracy of all the information that is contained in the document. (See Minn. Rules 4410.1400) The developer took the position that it was a voluntary EAW but the City Council has determined that it is of a mandatory nature, pursuant to MR 4410.4300, and has ordered the preparation of an EAW covering the approximately 100 acres south of the power line easement. 2. Does the Configuration of the Internal Street Offset the Outcome of the zoning Issue? It is our understanding that the developer has submitted information regarding transportation and traffic during the development process, and that the City has requested that Short, Elliott, Hendrickson (SEH) prepare a traffic study, analyzing the impact of the proposed development upon the transportation system in the general area. The issue has importance because of the interior street designation, to the extent the traffic patterns affect the uses within the development and surrounding uses, they are on certain exhibits, including Exhibits "D", "E" and "G" allowing for a sweeping curve northeasterly, whereas Exhibit "B" provides for a more east -west configuration. There have been a number of suggestions concerning proposed roadway patterns, including those for the east -west connection, Beaver Dam Drive, Rahn Road and Blackhawk Road, and it is our understanding that SEH preliminary report includes several alternates for the arterial system to service the general area. These include the following: a. The relocation of a portion of Rahn Road re-routed easterly along the present interior roadway, which could affect the location of the proposed SuperValu grocery market from the high density designated area. If this results, one of the most serious planned development re-,,ision concerns may be overcome by the relocation of the supermarke within the commercially designated area. It is understood that the SEH alternate would recommend that this Rahn Road layout separate the high density from the commercial uses resulting in residential development abutting the Rahn Park and Rahn School on the west. Mr. Thomas Hedges October 22, 1987 Page 4 b. A second alternate would allow for Rahn Road to be partially relocated on the north side of at least a portion of the high density designated use area, leaving the issue of rezoning unresolved. C. If there is no change from the developer's present east -west alignment, the zoning issue also remains. 3. EAW and PD Data. A related question has arisen whether the data included in the Planned Development, should control over the data included in the EAW of 1982 that may be at variance. Although the EAW was the responsibility of the RGU, it is our opinion that the information included with the PD should control. 4. Does the proposal constitute a Community Shopping Center or a Re ional Shop2ing Center as defined under the appropriate Eagan City regulations? a. Eagan City Code. The Eagan City.Code does not indicate whether a shopping center should be classified as a Community Shopping Center or Regional Shopping Center by the number of square feet comprising the buildings. Rather, it provides the number of square feet that must be initially constructed to qualify as a CSC or RSC use. City Code Section 11.20, Subd. 12.A. describes CSC District as follows: "These are areas located residential neighborhoods adjoining residents and a 40,000 persons." in the center of several to serve the weekly needs of population from 10,000 to The uses under CSC include grocery stores, department stores and miscellaneous other types of retail uses. Square footage is not the essential determining the CSC designation, but there is a requirement that "Initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as described. . ." It should also be noted that under the Eagan Comprehensive Guide, at page IV -13, there is a description of CSC uses: Mr. Thomas Hedges October 22, 1987 Page 5 "commercial shopping center areas generally range in size from 10 to 40 acres in area with 40,000 square feet of floor area. The population served by these centers generally range from 10,000 to 15,000 persons." Section 11.20, Subd. 13.4 describes RSC as follows: "This is an area designed to serve the monthly shopping needs of the population up to about 200,000 persons or a geographic area which extends beyond the corporate limits of the City." Further, RSC at page IV -14 of the Comp Guide " . is an area which would serve a population of up to 200,000 persons, which would be more than just the City of Eagan. The regional shopping center would be in excess of one million square feet in area and would be anchored by 4 major department stores." Although the proposal does not clearly fit either designation, it appropriately fits within the CSC category. If the shopping center includes 325,000 square feet with 20 to 30,shops, it may not fall within the definition of RSC under the zoning code or comp guide. Outside sources such as Urban Land Institute statistics and definitions may be helpful, but the applicable municipal.ity's regulations should have greater significance. Although this is an important factor, it alone should not determine the outcome of the more significant issues that will be treated later, particularly in light of the fact a,PD is already in existence. 5. Is the underlvinq CSC zoning controlling, or should the Planned Development control? The CSC's underlying zoning distinguishes the EHWPD from many other PDs within the City. Generally, PDs are superimposed over land zoned Agricultural. The PD agreement for Eagan Hills West states that the "owner intends to have the developer develop the subject land substantially in accordance with the general plan shown on the exhibits and Eagan agrees to permit the development, subject to obtaining final approval for each plat of the development from Eagan . . . plats reasonably consistent with the exhibits shall be approved by Eagan". . Mr. Thomas Hedges October 22, 1987 Page 6 The developer contends that because there is underlying zoning of CSC, rezoning is not necessary because neither the PD boundaries nor the underlying zoning boundaries are inconsistent with the _ requested uses. In addition, the developer suggests that ambiguities in the PD Agreement allow the use without amendment to the PD. The position of the City, with respect to PDs, has consistently been that the overlying development zoning is planned development, whereas the underlying would dictate the use in the event of termination of the PD as clearly cited in Amcon Cor2. vs. City of Eagan, 348 NW 2d 266, 271 (Minn. 1984). The Court in that case did not specifically make a determination that the underlying zoning is a minimum use, but it did cite Moore vs. Citv of Boulder, 484 P 2d 134 (1971), where the Colorado Court apparently determined that PD zoning is more restrictive than the underlying zoning. In addition, the suggestion has been made that the developer and surrounding property owners should be permitted to rely on the zoning map. From an historical review, the 1969 Eagan map indicated partially R-1 and partially R-6 zoning for the property; there were no changes until 1971 when the zoning map indicated generally C-2 and the northerly portion being R-6. The PD was designated in the January 1976 zoning map whereas beginning in 1981, specific underlying uses were designated. The most recent zoning map, dated 1984, is color coded with "PD 79-1" designating the entire PD. The underlying CSC is also reflected on the map but should not control over the PD. 6. Do the City regulations require an amendment to the PD or rezoning when there is a revision to the boundaries or uses within an approved PD? Because of very limited case law in the planned development area, the City ordinance and the specific planned development agreement generally are controlling. A. Code Sections. Code Section 11.40, Subd. 6 states that PD districts ". . . may be established or the boundaries thereof may be changed under the requirements of Subdivision 5 hereof for zoning " Mr. Thomas Hedges October 22, 1987 Page 7 Subd. 5 relates to amendments, including zoning, and states that "the provisions of this chapter may be amended by the majority vote of the council, except that the amendments changing the boundaries of any district . . . may only be made by a vote of 2/3 of all members of the council". It appears that an amendment of any use or boundary under the zoning code requires a 2/3 vote and if the boundaries of any district are changed noting PD districts are defined as districts under Subd. 6, then a 2/3 majority should therefore be required. B. P.D. Aareement. Paragraph 5 of the PD Agreement states that "Any removal of the superimposed PD district zoning or termination of this agreement shall automatically result in the subject land being zoned only as the present zoning classification as shown on Exhibit "E". (Exhibit "E" is the zoning map, indicating PD). Termination, however, requires compliance with the rezoning hearing process. (Code 11.40, Sub. 5.) Our office has been asked on at least one occasion what activities would constitute a need to initiate the public hearing or PD Amendment process. In an opinion dated January 16, 1986, we stated " . . it is our opinion that any substantial change in that development agreement, either in the language of the agreement itself, the exhibits thereto, in essence, results in a new PD zoning since each PD zoning classification is unique from every other designated PD." That opinion attempted to answer some similar questions dealing with substantial changes in planned development designated uses. 7. Is there ambiguity in the EHWPD including the fact that Exhibits "B" and "D" do not specifically conform with one another? The City staff, representatives of -the developer, Ryan/Hoffman Joint Venture and representatives of the Bieter Company, and members of our office, have attempted to review a multitude of files and information relating to the PD to assist the Planning Commission and Council's final determinations. Some of the more significant information is as follows: ".1, 1 y Mr. Thomas Hedges October 22, 1987 Page 8 1. Paragraph 8 of the PD Agreement provides that final plats shall provide access in accord with Exhibit "G", which is consistent with street configuration, Exhibit "D". 2. The Eagan Planning Consultant has described the sketch plan, Exhibit "B", as merely a preliminary planning device, used before entering into the more detailed exhibits of the PD Agreement. 3. On January 17, 1978, Urbanscope, the planner for Dunn and Curry Real Estate Management, Inc., then involved in the development of Eagan Hills West, advised that 50.68 acres -were dedicated to commercial use and further provided a drawing similar to Exhibit "D". That drawing indicated a portion (19.4 acres) of the area south of the interior street as having a housing density of 18 units per acre. A map prepared by Urbanscope for the 1980 annual review was consistent. 4. In a second memo from Urbanscope dated January 31, 1978, "Original Zoning -Commercial" was 50.68 acres, whereas the then new proposal, "Eagan Hills West - Commercial" - was also reflected as 50.68 acres. 5. Dunn and Curry Real Estate Management, Inc. made application for Planned Development February 7, 1978, and in a letter to City Clerk, Alyce Bolke, the developer stated that it was submitting a proposed PUD Agreement closely paralleling two such agreements previously entered into. Paragraph 6 of the proposed agreement provided that "density in said development shall be as more particularly shown in Exhibit 4." Exhibit 4 is entitled "Land Use Plan" and appears consistent with the existing EHWPD Agreement exhibit by the same name. 6. Eagan Consulting Planner John Voss, in the planning report of March 8, 1978, mentioned that rezoning to PD was necessary to accommodate the undersized lots proposed in Eagan Hills West First Addition. 7. The Minutes of the Special Advisory Planning Commission meeting of March 14, 1978 when the Eagan Hills West PD was recommended to be approved, stated that there were 50 acres of Commercial designated land. Mr. Thomas Hedges October 22, 1987 Page 9 8. A map prepared by Urbanscope in 1980 for the PD review, reflects 50.68 acres of Commercial and approximately 19.4 acres high density Residential in the area south of the internal street, north of Cliff Road. 9. A document prepared by Consulting Planner Howard Dahlgren for Cliff Road Properties for the 1985 PD review describes the commercial area as 56.56 acres within the same configuration as Exhibit D. One of the documents describes "high density residential". 10. A letter from Mr. David Sellergren dated November 3, 1986 regarding CPD Comprehensive Guide Plan designation includes by reference and attachment Exhibit D, the Land Use Map describing the commercial land in Eagan Hills West. It also refers to the If underlvina zoning, noted on Exhibit E." The developer points out that its plan appears to comply with Exhibit "B" - Sketch Plan. City Code 11.40, Subd. 6.b.2. provides that a sketch plan it . . shall include the proposed location of all major and minor arterial collector streets. The details of local access streets are not required with the preliminary development plan." Exhibit "D" at subd. 5, Land area designation of the type of acreage in density. Exhibit "D" Staging Plan, Exhibit "C - Parks Exhibit "G" - Street Access, all internal street configuration is considerable significance. Use Plan, " . shall include an uses proposed with corresponding - Land Use Plan, Exhibit "J" - Wetlands and Circulation Plan, and appear to conform so far as the concerned, which should have It is our understanding that the City Consulting Planner's position is that the Land Use Plan (Exhibit "D") has greater importance than does the Sketch Plan (Exhibit "B"). Exhibit "D" is consistently referenced as the controlling exhibit in the EHWPD Agreement. In an attempt to clarify what appears to be a claimed ambiguity, paragraph 17 of the PD agreement refers to Exhibit "D" and requires detailed plans for the CSC -LB -RB area. It further provides: "The allocation within the area to uses permitted and conditionally permitted within zoning district CSC -RB -LB as described in the Eagan Zoning Ordinance, shall be reasonably defined at that time and development of each area shall reasonably be in accordance with those uses." Mr. Thomas Hedges October 22, 1987 Page 10 There is clearly a strain of case law, including Frank's Nursery Sales vs. City of Roseville, 295 NW 2d 604 (Minn. 1980) that zoning ordinances should generally be construed against the City and in favor of the property owner, if there is any ambiguity or room for interpretation, but the courts will not substitute their judgment for that of a city council. The Court in that case, stated that "The opinions of the governmental authority, while entitled to consideration, are not as persuasive as they would be on questions of fact within its purview. Thus, where the question is whether an ordinance is applicable to certain facts, the determination of those facts is for the governmental authority, but the manner of applying the ordinance to the facts is for the Court." At page 608. The Court in Frank's Nursery Sales clearly noted, though, that "the zoning ordinance must always-Se—considered in light of its underlying policy. . ." In addition, the zoning code, Section 52.07, attached to the EHWPD Agreement as Exhibit "I" -Eagan Zoning Ordinance, in effect in 1979, provided at Section 52.07, Sub. 7.a.: "whereas conflict may arise between requirements of the supplementary and basic zoning, those requirements related to the supplementary zoning shall prevail." (See 11.20, Sub. 8.A.) It would therefore appear that the relevant EHWPD Agreement provisions can be interpreted clearly for purposes of.this opinion and that Exhibit "D" is the most appropriate exhibit for purposes of making land use decisions in respect to this PD. 8. Is there a distinction between an amendment of a PD or rezoning in the Present context? There do not appear to be any applicable provisions of the Eagan Code, the Minnesota Statutes or case law that would control the issue. Further, we have heard no compelling arguments to lead us to conclude that a revision of a PD should not require the normal rezoning process, and therefore would conclude that the rezoning process should be implemented when the revision is deemed significant or substantial. In addition, failure to require an amendment where 75,000 to 100,000 square feet of commercial building is proposed, including supermarket and two additional commercial buildings, in an area designated High density (12-16 UAC) could have a serious precedential impact on control over other PDs in the City. If 40 Mr. Thomas Hedges October 22, 1987 Page 11 9. What has been the City of Eagan's practice concerning revisions to Planned Developments? The significance of a PD comes into question and the law generally supports the notion that PD and development agreements, like other valid agreements, are contracts binding on the parties. The City of Eagan has been involved in legal actions relating to PD Agreements. One such was Eaaan 30.7C vs. Eagan, Dist. Ct. File No. 90258, where the Court construed the Blackhawk Park Planned Development Agreement in favor of the property owner, and allowed commercial use for the 10 acre parcel at the northwest intersection of Thomas Lake Road and Cliff Road, even though there was some confusion as to whether it should have been included. In addition, the construction of a development agreement as a part of the Cedar Cliff PD arose in an action entitled Tom Thumb vs. Citv of Eagan, Dakota County District Court No. 102028, where the Court stated that the Cedar Cliff Development Contract prohibited gas pumps without installation of service bays and ". . . that this is a valid contract precluding judicial relief." The Judge in his memo indicated that "the agreement is in the nature of consensual zoning and the Court cannot set that aside." There have been a number of changes in the uses within the Eagan Hills West PD through the years. In 1985, the City Council required an amendment to the Eagan Hills West PD for the Sun Cliff 3rd Addition to provide for a revision in uses. An amendment was signed on October 10, 1985. There have been a number of examples where the City has, as the result of the applications of a developer, revised PDs, utilizing the rezoning procedure, including published notice, mailed notice to adjoining property owners, and the public hearing process at the APC level. Examples of these are as follows: Lexington South PD - Change of Commercial use to Residential uses in 1987. Laukka-Beck PD - RSC -PD and R-4 change to Commercial PD in 1983. Cedar Cliff Commercial PD - Revision to PD for commercial and office building in 1984. Winkler Jackson PD - PD amendment for Oak Cliff in 1987. Lexington South PD -Swap of uses in 1984. Each of these amendments dealt with use or interior boundary changes, rather than changes in exterior boundaries of the PD district. ��i Mr. Thomas Hedges October 22, 1987 Page 12 In It would appear therefore, that the general pattern of the City has been to require amendments resulting in significant changes in PDs to go through the rezoning process. 10. Given the present proposal, should the rezoning process be implemented for an amendment to the EHWPD? Based upon the history of the EHWPD, the City practice in comparable circumstances, the Code and Comp Guide provisions, the importance of precedent in respect to future PD amendments, the fact that the PD agreement appears unambiguous, it is our recommendation that rezoning should be required. 11. If the rezoning process is required, must there also be a revision to the Comprehensive Guide Plan? It has likewise been our position that if the proposal constitutes a change in a part or all of the designated comp guide use for the parcel, the hearing process similar to that of rezoning should be implemented. Therefore, to be consistent with -the conclusions stated above, regarding the revision to the PD, it would be our opinion that the hearing process should be followed to implement the plan as currently proposed. 12. What are the timin2 requirements for APC and City Council Action? City Code Section 13.10, Subd. 4.c., requires that in no event later than 90 days after delivery of the Petition to the City, the APC shall report its findings or make a recommendation on the preliminary plat to the Council. It is our understanding that the applic.tion was submitted in mid-July 1987 and at the request of the City, the developer has submitted a letter consenting to the extension of time to October 27, 1987, for the APC to act. The City Council should act within 120 days of delivery of the Petition, unless the subdivider gives written consent. (See MS 462.358, Subd. 3.b. and Code Section 13.10, Subd. 4.c.2.) Therefore, mid- November is a critical date in the process. CONCLUSION Based upon the plan submitted by the developer and having in mind the facts that have been presented to the City to date, the following questions and recommendations are being made: 1. Is the new Environmental Assessment Worksheet required? The preparation of an EAW is mandatory-, pursuant to MR 4410.4300, and is being processed through the Minnesota EQB. Mr. Thomas Hedges October 22, 1987 Page 13 2. Does the configuration of the internal street affect the outcome of the zoning issue? Only if it is coincidental with Exhibit "D" and relates to land uses in the area. 3. Should the PD data control over the information submitted with the 1982 EAW? The PD information should control. 4. Does the proposal constitute a Community Shopping Center or a Regional Shopping Center as defined under the appropriate Eagan City regulations? Given Eagan's definitions under its Zoning Code and Comprehensive Guide, the Cliff Lake proposal does not fit the City's RSC parameters and more appropriately falls within the CSC designation. 5. Is the underlying CSC zoning controlling, or should the PD control? The PD zoning should take precedence over the underlying CSC designation. 6. Do the City regulations require an amendment to PD or rezoning when there is a revision to the boundaries or uses within an approved PD? When there is a substantial revision to the boundaries or uses within an approved PD, the City should require the implementation of the amendment procedures including 2/3 vote by the City Council. 7. Is there an ambiguity in the EHWPD including the fact that Exhibits "B" and "D" do not specifically conform with one another? The relevant EHWPD Agreement provisions can be interpreted clearly for purposes of this opinion and Exhibit "D", etc. 8. Is there a distinction between an amendment to a PD or rezoning in the present context? There should be no distinction between an amendment to PD or rezoning. 9. What has been the City of Eagan's practice concerning revisions to PDs? The general practice of the City has been to require amendments to PD's through the rezoning process. 10. Given the present proposal, should the rezoning process be implemented for an amendment to the EHWPD? Yes. 11. I£ the rezoning process is required, must there also be a revision to the Comp Guide. Yes. Mr. Thomas Hedges October 22, 1987 Page 14 12. What are the timing requirements for APC and City Council action? The APC's time to act expires October 27, 1987 and the City Council approximately November 17, 1987. PHH:DGK:ras cc: Steve Schwanke Very truly yours, HAUGE, EIDE & KELLER, P.A. By: Paul H. Hauge And: David G. Keller 110 1(04- Q r� MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: OCTOBER 28, 1987 SUBJECT: CLIFF LAKE GALLERIA & TOWERS The Advisory Parks and Recreation Commission processed the proposed preliminary plat for the above initiated project at it's regular Commission meetings in September and October. . A special meeting of the Commission was conducted on October 22nd to complete this review. Staff had compiled a listing of recommendations from the Commission's first two meetings, which the Commission added to on the 22nd. From the Commission's general discussion concerning the plat, it is quite clear the Commission members are not in favor of this plat; primarily because of the impact of the development on the two nearby parks and the disruption to the site itself. While the developer has attempted to meet the Commission's concerns for preservation of the wooded areas, it is obvious that the Commission would have preferred a project that used less land by buildin: up rather than sw,.readin out. The Commission recommendations are as follows: 1. The Commission has considerable concerns regarding the increased traffic on Rahn Road, and how it may impact the park, and its use. The proximity and high use of Rahn Park ballfields may incur a negative impact from the increased traffic. 2. A proposed access road from Rahn Road into the project, is riot aligned with an existing road into the park parking lot. The Commission does not wish to have the park further impacted as a result of higher traffic and inefficient circulation. The eventual upgrading of the existing parking lot will increase the access and egress into the park. The Commission would like the Engineering Department to review this alignment to ensure proper and safe traffic movement. 3. Should the City find it necessary to re -install the existing backstop along Rahn Road, interior to the park, the developer should be responsible for a portion of these costs. The developer should provide in conjunction with the backstop relocation, a physical separation between the road and the park - via a hedge, berm, or a combination. of fence and plant material. Cliff Lake Galleria & Towers Page 2 10/28/87 4. The developer shall provide for a trailway along Rahn Road, north of Cliff Road to Shale Lane. 5. The developer should provide an internal pedestrian and bikeway path which is responsive to the shoppers and visitors using the site. The pedestrian way should integrate with the public trail system and provide safe and efficient access directly to the commercial facility. Appropriate bike racks or bike parking areas also should be provided. 6. Large parking lot islands should be provided with significant tree massing providing a break-up of the visual continuity of the expansive bituminous parking lot. 7. The developer provide a composit listing of all plant material preserved, machine moved, and hand planted on site. The plant materials should be depicted size and type. The developer shall provide the City with replacement policy for any of these trees lost at a ratio of caliper inch for caliper inch. 8. Walls and plant material be provided for screening of loading docks and service areas. 9. Internal garbage collection should be provided. 10. A trail connection be provided to the Highline Corridor Trail with this plat, and/or with future plating as depicted. 11. Sidewalks should be provided along the proposed east/west road. 12. The small sliver of property on the east side of Rahn Road, proposed to be incorporated into the ponding area, be sold or transferred to Cliff Lake properties for incorporation into the plat. 13. That the City and Developer shall enter into an agreement which defines a cash dedication amount, if the developer is not able to fulfill the land dedication as proposed in the Eagan Hills PUD. Such an agreement shall become part of the PUD, and this development. 14. That the developer provide for barrier fencing around those trees designated to be saved prior to the start of construction activities at the outer edge of the trees - "Drip Line". Line fencing shall be retained until such time as the construction activity is completed. 15. That there be a left turn only for traffic from the development. KV/bls /4� MINUTES OF A REGULAR MEETING - EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 27, 1987 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 27, 1987 at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Hall, Members Gustafson, Voracek, Wilkins, McCrea, Trygg and Krisnik. Absent was Member Harrison. Also present were City Planner Dale Runkle, Assistant City Engineer Mike Foertsch and Assistant City Attorney David Keller. AGENDA Chairman Hall noted that the meeting would be aired on Burnsville -Eagan Cable T.V. and that a traffic study regarding Cliff Lake Galleria had been delivered to the Planning Commission, which was a duplicate of the previous study, only with colored maps. McCrea moved, Voracek seconded the motion to adopt the agenda as noticed. All voted yes. MINUTES September 22, 1987 - Regular APC Meeting. Trygg moved, Krisnik seconded the motion to approve the minutes as drafted. All voted yea. CLIFF LAKE GALLERIA TOWERS - PRELIMINARY PLAT & REZONING Chairman Hall convened the first public hearing of the evening in regard to the application of Ryan/Hoffman Joint Venture for a preliminary plat of 99.99 acres for 3 lots containing a strip shopping center, and 5 outlots for future development, and a conditional use permit for pylon signage within the Eagan Hills West Planned Development, at the northeast quadrant of Rahn and Cliff Roads. City Planner Runkle introduced the application, noting that it would be presented to the City Council on November 5, 1987. He also advised that while the application was for preliminary plat, the staff had noticed the public and surrounding land owners by publication and mailed notice of a potential public hearing for rezoning (PD amendment) and Comprehensive Guide Amendment. 167 APC Minutes October 27, 1987 This item had been before the Planning Commission on August 25, 1987 at which time it was continued pending further information in regard to possible rezoning, EAW, traffic and site impact. A subsequent continuance was requested by the developer to the October 27, 1987 meeting. On September 15, 1987, the Eagan City Council, acting on a Petition, required that a new EAW be prepared. Mr. Runkle indicated that the Park Department had reviewed the project and expressed concern in regard to trees, screening, fencing and transportation, including foot paths toward park and pond areas. City Attorney David Keller summarized a 14 page memorandum that had been prepared by the City Attorney's office, provided in the packet and provided to the developer, prior to the hearing. It was the City Attorney's opinion that the proposed preliminary plat would provide significant commercial development in an area not designated for such, in the Planned Development Agreement. Thus, a planned development amendment, which is addressed in the same manner as a rezoning in the City Code, would be necessary in order to facilitate the project as proposed. Mr. Keller suggested that if a developer was not willing to apply for the amendments, the Planning Commission may initiate a rezoning under both statute and ordinance. The Eagan City Code does require that any amendment to the Zoning Ordinance be heard by the APC at a public hearing. The Statute and City Code do not give direction as to whether the Planning Commission could both initiate and hold a public hearing at the same meeting. Mr. Glen VanWarmer of SEH, the City's traffic consultants, then provided information as to the traffic impacts of this particular development, in addition to ways of adjusting the access routes to provide the least amount of impact on the neighborhoods north of the _project. He indicated that additional street construction would be necessary at all accesses to the area, and in particular, that the southbound free right turn on I -35E onto Cliff Road would have to be eliminated in order to facilitate right turns onto Rahn Road from Cliff Road, and possibly directly into the Center. He suggested that a curve configuration of Rahn Road would limit traffic to the north and also help resolve the safety issues to the elementary school. With this configuration, most of the traffic would have to be handled through the Rahn Road -Cliff Road intersection. Mr. David Sellergren, attorney for the applicant, then appeared on their behalf, noting that he would number his exhibits, including maps and overheads, in order to provide a clear record, in conjunction with the Court Reporter that was present at the hearing. It was indicated that Target and Cub Foods would be the anchor tenants of the 325,000 square foot commercial development, a new EAW had been submitted and would be noticed for comment in early November. 2 APC Minutes October 27, 1987 Mr. Sellergren suggested that the developer's traffic consultant and the City's traffic consultants were basically in accord and that the numbers being used in his presentation were based upon the City's traffic consultant's analysis. He also advised that a revised grading and drainage plan, including expanded sedimentation pond, had been drafted by the developer and would prevent run-off into Cliff Lake. A tree inventory had been performed through over- head photography. The developer indicated that 146 of 400+ trees would be preserved with 104 left in place, and 42 transplanted. Mr. Sellergren also requested that his letters of October 2, and October 23, be a part of the Planning Commission's record and minutes. Mr. Sellergren indicated that the project could be constructed in compliance with Exhibit "D" of the Planned Development, which the staff has interpreted to be the controlling land use configuration. However, it was his opinion that the proposal was a better proposal and because it was consistent with Exhibit "B" should be allowed under the Planned Development Agreement. He then indicated that in his opinion there were 50 acres of commercially designated property, not including Cliff Lake or I -35E. While several lawyers involved disagree as to the need for PD amendment and the actual area for commercial use, it was his opinion that the Planning Commission had to make a factual determination as to whether there was a substantial change if the proposed preliminary plat was approved. He then suggested that it might not be substantially different but substantially worse from the plan that complied with the PD, in accord with staff's interpretation. Mr. Sellergren then indicated that his presentation would consist of four parts, including 1) zoning, 2) appearance and impact, 3) traffic, and 4) impact on Rahn Park and Rahn School. Through an aerial photograph, he described the site, including the location of various collector streets. A sketch of the uses also indicated the park and residential buffer between the existing residential buffer and the proposed commercial development. A zoning map indicated the PUD designation with the underlying'CSC and R-4 zoning. Mr. Sellergren stated that the PUD is a contract enforcable by both parties, and that in his opinion, the proposal was reasonably consistent with the exhibits. The Planned Development original considered in 1978 and finally consummated in 1979, fixed the park land dedication, determined the number of housing units may be developed, and reduced the original commercial area indicated by the zoning map. 3 APC Minutes October 27, 1987 It was Mr. Sellergren's opinion that the developer had relied on the Planned Development Agreement and had paid approximately $3 million in taxes and assessments based upon the commercial status. He suggested that the proposal based on either Exhibit "D" or "B" would incorporate 68 acres, but that the use of Exhibit "D" plan would incorporate a connection to Beaver Dam Road. He advised the Planning Commission that the developer would pay for the minor improvements needed to the area streets, to meet traffic expectations in the next three to five years and its fair share of improvements after that time. In reviewing the site itself, Mr. Sellergren again indicated the number of trees that would be preserved, adding that 264 new trees and 900 shrubs were anticipated, designed in clumps to further soften the impact of the commercial development. He then described the trailway around the lake, and the architectural treatment of the east side of the shopping center. He advised that the developer is willing to provide a fence around Rahn Park and reviewed line of sight elevations from various residential areas adjacent to the commercial development. Architectural renderings were then provided of the shopping mall. Truck docks and down -lighting were further described. Mr. Sellergren indicated that only 7% of the traffic generated would traffic on Rahn Road, north of the proposal, and that the developer was willing to require that tenants advise their suppliers to have no trucks proceed on Rahn Road to the north. He also suggested that the alternate number one, provided by SEH, would further reduce the traffic on Rahn to the north. It was his understanding that 160 cars would be the peak hour traffic on Rahn Road, and that there be no connection to Beaver Dam Road. He also suggested that only 10 cars would be added to the Rahn/Diffley intersection at approximately 10:00 p.m., due to the Cub store. Mr. Sellergren indicated that Rahn Park was a community athletic park located in a community collector street, consistent with good planning. Further commercial development tends to develop along collector streets. Other schools near commercially designated properties were described and it was stated that Rahn School was constructed after the zoning designation for the property in question. The hearing was opened to the public and appearance was made by Mr. Jerry Brill, attorney for the Bieter Company, a competing developer, whose commercial proposal was denied, according to Mr. Brill, partly on the assumption that there was a previously zoned and appropriate location for a commercial development at the subject site. He advised that in spite of the developer's opinion, that all traffic has to approach the site from either Rahn Road or Blackhawk Road. He stated that 735 trips per hour would be generated on Rahn, about 150,000 trips would be generated on Blackhawk Road. J7o 4 APC Minutes October 27, 1987 In Mr. Brill's opinion, a rezoning (PD amendment) was clearly necessary and that Exhibit "B" is obviously not the portion of the Planned Development Agreement to rely upon in making this type of proposal. Mr. Brill then presented an overlay map, indicating that there were only 47.8 acres of land within the area southeasterly of the curved road described in the Planned Development Agreement, and that this acreage included Cliff Lake and the area condemned for I -35E. In his opinion, this left only 26.5 acres for development in the area in question. He then indicated that inaccurate statements had been made in regard to there being 68 acres of commercial land, and cited a letter from Chuck Slocum to the City Council in 1974 in regard to Mission Hills indicating that the area would be developed as a self- contained neighborhood with a specialty type commercial center, consisting of "boutique" shops with possibly living quarters located above the shops. He stated that this definitely is a different project from that originally anticipated, and left a copy of the drawings prepared by BRW with the Planning Commission. Mr. Steve O'Gara of Beaver Dam Road, appeared and indicated that while Mr. Brill represents a competing developer, it is clear that the neighbors are also opposed to this development and suggested that the line of site drawings provided by the developer, do not take into account that most of the homes are split level and would result in views of the shopping center from the main floor decks. He asked to review the Parks Exhibit "12" and 'indicated that the commercial areas near these parks are not of the intensity of a Cub and/or Target store. He then questioned whether Beaver Dam Road would be extended under Alternate One, VII, prepared by SEH. Mr. Foertsch indicated that the staff would not recommend the extension of Beaver Dam Road. Mr. John McGreevy, 1882 Bear Path Trail, expressed his opposition to the project and indicated that the 1 1/2 story homes on Bear Path should be taken into consideration when considering a line of view of the shopping center. Mr. Jim Skala, 4277 Rahn Road, stated that the Planning Commission should represent the citizens who were definitely against the project. He stated that the traffic on Rahn Road would affect the children going to school in that neighborhood. He requested that the Planning Commission turn down the proposal for lack of rezoning. 67 APC Minutes October 27, 1987 Ms. Brenda Christianson of Jasper Drive appeared and argued that although the school was constructed after the zoning, certainly it was planned prior to the zoning, and thus, the location of the school should be taken into consideration when considering the scope and location of the development. She indicated that the Metcalf School is located near a strip shopping center of much lesser magnitude, and was attended by older children with the athletic fields located away from the streets. He suggested that a 24 hour store might invite a criminal element, representing a danger to the children. Jeanne Svien of 1989 Shale Lane, indicated that she had moved into the area approximately six months earlier from another home approximately 5 blocks away. She indicated that she lived at the corner of Shale and Rahn Road, which was already a busy intersection and was concerned with the volume of trucks and trash created by a store like Cub and the impact on safety, bus loading and kids playing at the school and park. In her opinion, the development would decrease residential property values. She questioned whether another shopping center was needed. Michelle Swanson, 1977 Badger Court, suggested that a comparison of Metcalf to Rahn School is not appropriate because Rahn School is an elementary school with children as young as 5 years old attending. In her opinion, the high line trail would become useless with the extensive use of Rahn Road. She suggested that the City should consider the future development in this area, including a hotel with a bar and the impact that that would have on the neighborhood. She suggested that Member Voracek was inaccurate in regard to his opinions on the Comprehensive Guide and zoning in the area. Martin Colon appeared as the owner of the property directly west of the site, on the north side of Cliff Road, and indicated that he had concerns that the access point be properly aligned with the proposed access to their proposed access to their property, and not along the north line where a significant stand of trees was hoping to be preserved. Steve Rosenthal, 3294 Valley Ridge, asked what the estimated customer count would be at the Target store, and Mr. Dennis Klohs indicated 2 million per year. Mr. Sellergren indicated that it could not be answered without knowing how the future area would develop. Mr. Rosenthal indicated that in 1979, there were less than 10,000 people in Eagan, and that the original plans did not anticipate the very rapid growth. Further, the City should consider changing zoning and comp guide in consideration of these changes. In response to his concerns regarding guarantees as to the preservation of trees, Mr. Runkle indicated that a Development Contract would be entered into. Mr. Keller indicated that the land owners, tenants an invitees would be responsible for litter. /7v 0 APC Minutes October 27, 1987 Tom Klein, 4580 Blackhawk Road, expressed his opposition to the proposal. Mr. John Klein, 1495 Lone Oak Road, asked how the City could hire the Larkin, Hoffman law firm in regard to preventing other commercial developments when they were involved in this proposal. He stated the firm represented the City in the O'Neil and Bieter lawsuits, but later acknowledged that the firm did not represent the City in the Bieter case. Mr. Scott Merkley, Sunrise Road, stated that 6 inches of fill per year was the maximum that oaks could adjust to and advised that large oaks could not be transplanted. He also expressed concern in regard to the kids that play in the area and the adequacy of screening for truck loading docks. Mr. Jeff Roller, 1831 Cliff Road, expressed concern as to the increased traffic on Cliff Road. Mr. Jerry Schwartz, 2030 Shale Lane, indicated that he lived adjacent to and north of the school site, and that the school had requested that these children walk down Shale Lane to the school, rather than crossing the school property. His point was that Shale Lane would be a much business street in light of this development. He also advised that he would be able to see the shopping center very clearly from his back yard. The public hearing was closed and the meeting recessed. At 9:30 p.m., Mr. Sellergren was allowed a rebuttal, and advised that the traffic information was provided through the City's consultant and outside independent objective party. He indicated that improvements to the streets will allow acceptable levels for traffic. He felt that a statement in 1974 submitted by Mr. Brill is irrelevant. He indicated that the developer did not intend to connect Beaver Dam as required by Exhibit "D" of the Planned Development Agreement. He suggested that the trees existing in the plan would prevent neighbors from viewing the commercial buildings, even from theirdecks. He suggested that children attending Rahn School did not need to cross Rahn Road. Ten cars an hour at night for the Cub store is accurate on North Rahn Road, in light of the 100+ cars expected for that facility. Residents should not rely on the Comprehensive Guide Plan to determine the uses around them. The developer will work with the Colons and City staff in regard to the access on South Rahn Road. His law firm is not involved in the Bieter case and will withdraw from the O'Neil case if necessary. He advised that there are no acreage figures in the Planned Development Agreement nor square footage restrictions. 17,5 7 APC Minutes October 27, 1987 Mr. VanWarmer of SEH advised that SEH is not recommending a connection to Beaver Dam Road, that the traffic count is much lower in comparison to the fully developed Town Centre commercial area; that 165 cars per hour at evening peak on northerly Rahn Road is accurate. Mr. Runkle clarified that the Comprehensive Guide designates the property as LB, NB and R -III, although the 1986 amendment had proposed that it be designated as D -III and CPD. He indicated that staff is not necessarily in agreement with the developer's statement that there are 68 acres of commercial area available. There was discussion in regard to the actual acreage available under the PD entered into in 1979. Mr. Krisnik questioned the access of Cliff Road, which Mr. Runkle indicated would be dependent partly upon whether the free access off of south bound I -35E on to Cliff could be eliminated. Member McCrea indicated that she respected the City consulting attorney's legal opinion in regard to rezoning and that it was considerate of staff to notice the hearing for rezoning and Comp Guide amendment. She suggested that an amendment of the PD may result in the imposition of the Shoreland Zoning Ordinance and expressed the hope that the developer was not avoiding an amendment for that reason. She asked for clarification that the EAW would not even be noticed until November, after which it would be 30 days for comment. In her opinion, it was hard to consider the preliminary plat without the EAW review. In her opinion the Planning Commission should not be designing streets for the developer and should rather react to a proposal. Member McCrea requested that the staff review the commercial acreage available in the PD, before the City Council meeting. She also indicated her opinion that imposing rezoning and comprehensive guide amendment as conditions to preliminary plat is very unusual and appears to set a bad precedent as far as loosening standards. Member Voracek advised that the public has to be aware that some type of commercial use is provided within the Planned Development and underlying zoning. He suggested that the impact of not having the Planned Development in place may be more serious. After some general computations, Mr. Runkle without the PD zoning, the developer may be able to to 560,000 square feet of commercial, due to the Shoreland Zoning Ordinance. It was noted, however, many assumptions in these computations, including and no multi -story buildings. N indicated that develop 400,000 impact of the that there were no parking ramps APC Minutes October 27, 1987 Mr. Voracek pointed out that at least the Planned Development Agreement gives the City some controls over the uses within the area and allows for trying to create the best development possible. Mr. Gustafson indicated that it was clear that the citizens were not satisfied with the proposal, that the impact on trees and traffic is too great, that an EAW has not been completed, and that a Planned Development rezoning is not necessary. He suggested that the preliminary plat should be denied. Member Wilkins raised concerns in regard to traffic and the ability to access directly off of Cliff Road. Chairman Hall questioned whether the merits of the plat should be reviewed, and the conditions considered. Member McCrea suggested that rezoning is necessary first, and therefore, the plat should not be considered. However, if it is, she questioned whether the sedimentation basis would be adequate in light of the problems that had developed at Fish Lake. Member Krisnik suggested that the truck access on the back side of the mall may not be adequate. Mr. Sellergren indicated that trucks would turn around at the southerly end and return out the north end of the shopping center. Mr. Krisnik pointed out that the previous request for the Diffley Center had increased traffic significantly on Blackhawk Road also, and provided exhibits to attach to the minutes. Member McCrea pointed out that the preliminary plat and rezoning are usually separate applications and was advised the staff had recommended that the developer apply for rezoning. Upon motion duly made by Voracek, seconded by McCrea, it was resolved that the APC take no action and not hold a public hearing in regard to an amendment to the Eagan Hills West PD (rezoning) because the developer has not made an application therefor. All voted yes. Upon motion duly made by Voracek, seconded by Krisnik, it was resolved that the APC take no action and not hold a public hearing in regard to a Comprehensive Guide amendment to the Eagan Hills West PD because the developer has not made an application therefor. All voted in favor. Upon motion duly made by Gustafson, seconded by McCrea, it was recommended that the Eagan City Council deny the application for preliminary plat approval based upon information submitted, and the oral presentations made to the Planning Commission and for the following reasons: APC Minutes October 27, 1987 1. The APC concurs with the opinion of the City staff and legal consultant that amendment (rezoning) of the EHWPD is necessary to facilitate the applicant's proposal. 2. There are several traffic safety issues in regard to the development that must be resolved prior to approval of the project. The APC has not made a practice of redesigning an applicant's road layout. It does not appear that free access to Cliff Road from southbound I -35E has been resolved and the traffic load on the Rahn and Cliff Road intersection will be unacceptable and may force traffic to follow other less desirable access routes. 3. Property owners and residents in the general area have appeared in writing and orally to object to the proposed development for reasons including the anticipated increase in traffic and general impact on the County and City streets. 4. Because the EAW process has not yet been completed, the APC is concerned as to whether the permits that will be required for the development of the commercial site will generate additional concerns, including the Indirect Source Permit issued by the Minnesota Pollution Control Agency and the Environmental Assessment Worksheet reviewed by the Minnesota Environmental Quality Board. 5. The proposed plan could have a serious impact on the aesthetic quality of the area, including mature trees, rolling hills and lake. 6. The question as to the actual acreage available for commercial use is not yet resolved. Chairman Hall directed the City Attorney to prepare a Resolution for ratification at the next meeting on October 29, 1987. Those in favor were Gustafson, Voracek, McCrea, Trygg and Krisnik; those against were Hall and Wilkins. EAGAN HIGH SCHOOL ADDITION - COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT The second public hearing of the evening was called by Chairman Charles Hall at 11:00 p.m. on the applications of Independent School District #196 requesting a comprehensive guide amendment, rezoning and preliminary plat of 89.96 A (Agricultural) acres to a PF (Public Facilities) district for a combined middle and high school located primarily in the southeast quarter of Section 23, on the north side of County Road #30 and east of Northview Elementary School. Mr. Runkle introduced the project, which included a 430,000 square foot middle and high school building. He indicated that the school district was attempting to fast track the project, due to the need to open the facility by the fall of 1989. In conjunction with the applications, they were requesting permits for footings and foundations. Mr. Runkle also indicated that an EAW was being completed with a final date of November 20. 10 / 7�- Agenda Information Memo November 5, 1987 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/EAGAN HIGH SCHOOL ADDITION B. Comprehensive Guide Plan Amendment and Rezoning for Approximately 89.96 Acres from A (Agricultural) to PF (Public Facilities), a Preliminary Plat Consisting of One Lot Entitled Eagan High School Addition and a Grading Permit Prior to Final Plat --A public hearing was held at the October 27, 1987, Advisory Planning Commission meeting to consider applications submitted by Independent School District #196 requesting 1) rezoning of 89.96 acres from A (Agricultural) to PF (Public Facilities) and 2) a preliminary plat consisting of one lot for a combined middle and high school. Approval of the application requires a Comprehensive Guide Plan amendment from D-2 to PF. The Advisory Planning Commission is recommending approval of the rezoning, preliminary plat, and Comprehensive Guide Plan amendments as presented. In addition, the applicant has applied for a grading permit in advance of final plat to facilitate completion of the facility in time for a fall 1989 opening. To facilitate such an opening, staff has defined a time line by which certain school district submittals will be provided to the City at specific critical dates, leading to completion of a final plat in May 1988. In addition, the building site has been separated from the athletic fields for purposes of preliminary plat review. This allows staff and applicant to concentrate on the building location at the early critical construction phases and will permit subsequent discussion of the remainder of the site in early 1988. For additional information on this item, refer to the report prepared by the Planning and Engineering Departments found on pages / through. For a copy of the APC minutes on this item, ref er to pages7,61 through 70�. The Advisory Parks and Recreation Commission met on October 22, 1987, and are recommending approval of the site plan for the school building itself with the understanding that separate discussion will be forthcoming concerning the remainder of the site including the physical and functional relationship of City and school district athletic facilities. The grading permit application which has been received will accommodate 32.5 acres of the entire 100 acre site necessary to facilitate the early construction of the building structure itself. The application fee and grading plan have been submitted, reviewed by staff and found to be in order for favorable Council action. In accordance with past policy, the City waived the requirement of the financial security and will %%7 Agenda Information Memo November 5, 1987 acquire the appropriate insurance certificates from the contractor prior to initiation of the grading activities. Enclosed on pages through L� is a copy of the proposed grading plan for this requested permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) Comprehensive Guide Plan Amendment, (D -II to Public Facilities); 2) Rezoning (Agricultural to Public Facilities); 3) Preliminary Plat for the Eagan High School Addition; and/or 4) Grading Permit EX -23-317 with appropriate conditions. 17� CITY OF EAGAN SUBJECT: REZONING/PRELIMINARY PLAT EAGAN HIGH SCHOOL DAKOTA HILLS MIDDLE SCHOOL APPLICANT: INDEPENDENT SCHOOL DISTRICT 196 TOM WILSON LOCATION: SE 1/4 SECTION 23, NORTH OF DIFFLEY ROAD WEST OF BRADDOCK TRAIL EXISTING ZONING: A - AGRICULTURAL DISTRICT DATE OF -PUBLIC HEARING: OCTOBER 27, 1987 DATE OF REPORT: OCTOBER 20, 1987 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUBMITTED: An application has been submitted requesting a rezoning of approximately 90 acres from A (Agricultural) to P.F. (Public Facilities) to allow a high school and middle school to be constructed. The second application submitted is a request for preliminary plat consisting of approximately 90 acres and containing one lot and two outlots located in the southeast 1/4 of Section 23. ZONING AND LAND USE: Presently the property is zoned A (Agricultural) and is guided for residential development, however, the 1980 Comprehensive Guide has designated a high school site location in this section but not on the specific parcel that is being proposed. Therefore, along with the rezoning a Comprehensive Plan Amendment will be required in order to align the public facilities district in accordance with the use being proposed. COMMENTS: In review of the Eagan High School facility for platting and zoning, the City staff has been meeting with the representatives of School District 196 in order to establish a date of which the opening of the high school would occur in the fall of 1989. In backing a time schedule from the fall of 1989, the building will have to begin construction the fall of 1987, therefore, the representatives of 196, besides the platting process, are also requesting footings, foundation, etc., in order that construction of the high school can start around mid-November in order to meet the fall 1989 opening. In the negotiations that have taken place the City had informed School District 196 that building permits and construction could not begin on this site until final plat had been received from the City. The School District indicated that the final plat process wouldn't be completed until the first part of 1988 and that construction had to begin earlier in order to obtain the fall opening. Through several meetings and working on time schedules there has been an agreement between the City staff and the School District staff in regard to a process which could allow the school to begin construction and the platting to occur and be completed in the first part of 1987. This process established allowed the separation of the building site which contains approximately 15 - 18 acres and the residual 70 acres for school facilities such as ball field, football stadiums, parking, etc., to be looked at and studied in more detail. This process allows both the school district and the City to concentrate on a building site. /7/ The building will contain approximately 430,000 square feet of space for both the high school and middle school facility and allow the inner relationship between the access, parking and building location to be worked out in detail. Once the footings and building have been started then the remaining acres can be considered for location of the school facilities which include softball, soccer, football, storm ponding and everything else that is required for the exterior component of the school facility. The issue which arose is that the City had some concern in regard to the placement of ball fields and recreational facilities on the residual 70 acres other than what was proposed by School District 196. In discussing the concerns regarding the location there appears to be two opinions as to why and how the recreational facilities have been located on the site, therefore, instead of tying up the entire development until a plan can be resolved, the City staff has agreed to allow the building to go forward in regard to footings, foundation and allow the residual site plan with the ball fields, recreational facilities, utilities and storm drainage to be reevaluated and to come up with the best possible plan that can be agreed upon by both the City staff and the representatives of School District 196. It has been the indication that both parties will willingly work and cooperate to try to arrive at an overall plan that can be supported by both organizations. In review of the proposed facility, the school district had indicated the total square footage of both the high school and middle school would be approximately 430,000 square feet. Once the City heard how large this facility was to be, it was reviewed for the environmental criteria and it was found that an Environmental Assessment Worksheet is required for this facility. Staff has worked with the school district representatives and have prepared an Environmental Assessment Worksheet which was published in the Environmental Quality Board Monitor on October 19, 1987. The 30 day review process would end on November 19, and construction could start anytime after that date. Staff has reviewed the site plan for the footprint of the school, working with the access and circulation of the parking in relationship to the school and number of parking spaces that would be required. The City Fire Marshal has reviewed the site plan for access for the fire vehicles and also attached with this report is a memorandum from the Police Department spelling out their concerns in regard to this facility. The school district will be present on October 27 in order to give a presentation to the Planning Commission in regard to the elevations and proposed location of the school on the site. Also, they will discuss the time frame that they are trying to establish and some of the concerns regarding the overall site planning for the entire site. GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan for the entire high school/middle school site provides for virtually regrading of the entire site except for a small stand of pine trees in the northwesterly portion and the severely sloping wooded topography on the south, adjacent to Diffley Road. A detailed analysis of the proposed grading plan is limited to the building site at this time due to City staff concerns regarding the orientation of the athletic and ponding facilities. A grading plan for the building site provides for grading of the building area and the southerly parking lot. Entrance to the southerly parking lot will be provided by constructing an entrance, approximately 600' north of Diffley Road, onto Braddock Trail. The building site grading plan also provides for constructing a temporary drainage ditch north from Diffley Road. This temporary drainage ditch is proposed to be constructed easterly from the building site to Braddock Trail and paralleling Braddock Trail to its low point. At the low point, a sedimentation pond is proposed which outlets onto Braddock Trail by an overland spillway. Calculations have been provided which verify the sedimentation pond area requirements and the temporary drainage ditch design for a five-year design storm period. After review of the proposed drainage, staff recommends constructing the drainage ditch allowing the future storm sewer alignment allowing the overland drainage to discharge into a natural depression located immediately north of the building and west of the proposed stockpile area. The natural depression could serve as the sedimentation pond. A controlled outlet structure could be constructed at the northerly end of the natural depression which would discharge overland to the low point in Braddock Trail. At Braddock Trail, it is recommended a storm sewer pipe be constructed from the existing storm sewer to serve as an outlet to this proposed sedimentation pond area. The proposed trunk storm sewer alignment would prevent any overland drainage onto Braddock Trail and the adjacent homes in the event of a storm, greater than the five-year design frequency, would occur. Also, by utilizing the natural depression as a sedimentation pond, an outlet could easily be constructed that would provide storage for greater than a five-year frequency storm. The increased storage volume also serves.as a safety factor in the event that a storm greater than the five-year frequency design does occur. The concern is for when the ground is in a frozen condition which would then inhibit the storm water seepage into the existing ground therefore increasing runoff. Trunk storm sewer facilities to serve the school site and the area south of Diffley Road are proposed to be constructed under a City contract in the spring of 1988. The school site will be required to provide approximately 14.1 acre/feet of onsite ponding. The proposed onsite storm sewer concept is acceptable but subject to further review based on the uncertainty of the residual 70 acre configuration. The proposed drainage basins direct their runoff to locations which are adequately sized to accommodate anticipated runoff volumes. A grading, drainage and erosion control plan was submitted as a part of the preliminary plat proposal for the school. IV UTILITIES: Sanitary sewer service to the school site will be provided by the existing sanitary sewer in Northview Park Road at the northwest corner of the site. Water service will be provided by a looped water main connecting to the 20" trunk water main in Diffley Road and the 8" water main in Braddock Trail. The 8" water main connection in Braddock Trail will be provided on the southerly side of the .pressure reducing station placing the high school site in the high pressure zone. A looped water main system is proposed to be constructed around the building to provide proper fire protection. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall be responsible for dedicating a 60' half right-of-way along Diffley Road and additional right-of-way to provide a minimum 66' full right-of-way width along Braddock Trail in accordance with the City of Eagan requirements. The right-of-way along Braddock Trail shall parallel the alignment of the constructed roadway. In addition, a 10' wide trailway easement shall be dedicated to incorporate an 8' bituminous trail along the west side of Braddock Trail. A minimum 80' right-of-way shall also be dedicated for Northview Park Road. Permanent easements shall be provided for the trunk water main from Diffley Road to Braddock Trail and for the trunk storm sewer from Diffley Road to the pond northerly of the school. The permanent easement shall also include the pond to its high water level and the outlet from the pond to the west line of the school site. The sanitary sewer from Northview Park Road to the school shall be considered a private line and no easement is required. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. STREETS/ACCESS/CIRCULATION: Access to the proposed school site is taken from Braddock Trail in four locations: The southerly access is located approximately 600' north of Diffley Road; one is proposed opposite the southerly intersection of Pennsylvania Avenue in the Stafford Place Addition and Braddock Trail; another is proposed opposite Atlantic Avenue; and the northerly access is proposed at a location which is offset from the northerly intersection of Pennsylvania Avenue and Braddock Trail. This northerly offset entrance to the school site will not be allowed in its proposed location. The northerly entrance will be allowed at a location which is opposite the northerly intersection of Pennsylvania Avenue and Braddock Trail. No entrance from Northview Park Road is proposed. No on -street parking has been provided for the school side of Braddock Trail. The dimension details of the proposed internal traffic circulations of the parking lot areas of the school site are subject to staff review and approval during a detailed site plan analysis. ASSESSMENTS: The proposed school site has been levied the following assessments: Sanitary sewer trunk under Project 433 and water area and water lateral benefit from trunk under Project 365. 1 1/`1 The school site is subject to the following pending assessments: Sanitary sewer lateral benefit, water lateral benefit from trunk, storm sewer trunk and Northview Park Road street assessments all under Project 498, storm sewer trunk under Project 479, and water area under Project 485. The following assessments are proposed as a condition of final plat approval: PROD # DESCRIPTION RATE QTY AMT 365 Water Availability Charge $1,920/ac 365 Water Lateral Benefit Upgrade 8.08/ff 365 Additional Water Lateral Benefit 20.55/ff 479 479 478 Future Future Future Storm Sewer Trunk Upgrade Storm Sewer Trunk Upgrade Add'1 Storm Sewer .026/sf .026/sf 89.96 ac $172,723 610 ff 577 ff 64,000 sf 403,200 sf (504,000 x .8) Trunk .079/sf 2,735,258 sf Cty Rd. 30 Upgrade 82.37/ff 1,187 ff Storm Sewer Lateral 10.39/ff 1,187 ff Benefit - Cty. Rd. 30 Trailway 12.40/ff 1,187 ff 4,929 11,857 1,664 10,483 216,085 97,773 12,333 14,719 TOTAL PROPOSED ASSESSMENT $542,566 The final assessment amount will be determined using rates in effect at the time of final plat approval and based on final plat dimensions and areas. CONDITIONS FOR EAGAN HIGH SCHOOL AND DAKOTA HILLS MIDDLE SCHOOL: 1. That the City staff and school district staff will try to arrive at an overall site plan for recreational and athletic facilities which will most efficiently and effectively satisfy the concerns of the Eagan residents. 2. The standard plat conditions shall apply. 3. The proposed modifications to the temporary drainage plan proposed to accommodate the construction of the actual high school/middle school building are required in accordance with the staff recommendations outlined in the staff report prior to issuance of a grading permit. 10 3830 Pilot Knob Road Eagan, Minnesota 55122 police department JAY M.BERTHE Chief of ftke PATRICK J. GEAGAN Administrative Captain of lagan KENNETH D. N Operations Capuin Captain 19 October, 1987 TO: TOM HEDGES FROM: CAPTAIN GEAGAN SUBJECT: LAW ENFORCEMENT ISSUES CONCERNING THE NEW EAGAN HIGH SCHOOL Following the Staff Advisory Planning Meeting with high school officials, a subsequent meeting was held within the Police Department to discuss potential law enforcement issues concerning a high school facility in the City of Eagan. The Eagan Police Department has discussed with Rosemount Police Department, as well as Apple Valley Police Department, issues concerning the schools in their areas. It seems the biggest drain on police resources are special events, ie. football games, dances, etc. Areas of a criminal nature which seem to pose problems are theft, vandalism and traffic violations. TRAFFIC: The Police Department is concerned over the lack of student parking at the new high school. The E.A.W. indicates that the student parking lots are anticipated to be nearly full. After reviewing parking at both Rosemount High School, as well as Apple Valley High School, we would recommend the additional 150 parking places that were originally allowed for future expansion be immediately used for parking. Because of the configuration of Braddock Trail, in conjunction with the Eagan High School, parking on Braddock Trail will have to be extremely limited. The department is also concerned about access from the high school onto Braddock Trail. The access onto Braddock Trail is on a curve, as well as a grade. It would seem there is a potential for motor vehicle accidents, as well as difficulty with exiting up Braddock Trail and out onto County Road 30 on snow and ice. 15e THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Page 2 LAW ENFORCEMENT ISSUES CONCERNING THE NEW EAGAN HIGH SCHOOL TRAFFIC: (Continued) We are also concerned about the safety of exiting traffic from Braddock Trail during school events onto Diffley Road. We have discussed this with Pete Sorenson from The Dakota County Engineer's Office and have come to a mutual agreement that a signal light which could be manually controlled would be appropriate for that intersection. We would also recommend a street light at the same intersection. SECURITY: The Police Department would like to recommend extensive security lighting surrounding the school, as well as the parking lot and playing fields. The Police Department security access to the West and North side of the building will be minimal, as it appears that we are unable to drive around it. The City of Eagan currently has a school within the community with a similar West side exposure where we have had a problem with juveniles congregating and causing vandalism and other nefarious acts. The Eagan -Police Department is quite concerned about a football field being positioned adjacent to Braddock Trail. We do not feel this blends into a residential community which will be directly across the street. Even though new residents may realize the potential for noise, there is no doubt the Police Department will be getting noise complaints when activities are carried on at the football field. We are also concerned about large groups of young people congregating in the area of the football field adjacent to the single family homes. This situation creates a high potential for vandalism and disorderly conduct in or near the residential area. We would like to recommend the football field be placed as far from the residential areas as possible. Rosemount Police Department has informed me their department furnishes about 10 police reserve officers to the school at $12.50 per hour per officer, for football games and other activities where a large number of people congregate. With the Eagan Police Department's current staffing levels, I'm sure we would be unable to have half that number of sworn officers even on a part-time basis available. Rosemount Police Department advises me that a large number of uniformed police officers greatly reduces the potential for problems at athletic events. /S� Page 3 LAW ENFORCEMENT ISSUES_ CONCERNING THE NEW EAGAN HIGH SCHOOL The Eagan Police Department feels that with a cooperative effort between the Police Department and the Rosemount/ Apple Valley School District, we can positively address these problems. Pat Geagan Captain PJG/lb CC: Chief Berthe Ken Vraa /Y7 =1 J r D >s1Vu, J ..LX X W X > z 30 I C) ( i 12 i- , 7. HEDLUND Z=Zl. Z 7. HEDLUND Z=Zl. _71 An rL 41 L L all 41 _1- 7 T 'ET Lin] A -11- HEDLUNP I-II I I I 1 11 z- Sw 0 z > z rL 41 L L all 41 _1- 7 T 'ET Lin] A -11- HEDLUNP I-II I I I 1 11 • ounorA NyTE`N °��0 0 3It�SS! 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E z 855.6 w EAGAN f STATIr , E j n 21 r;• s JP -18 860.0 86 0 w 1sr AIS,. 883. , i. •�. 887.4 ,. _- i JP -55 ` '/ =r JP -54 872.2 i 885.4 411JB52.2 857843 .4 _ 849 „i JP -25 l 22 i 817.0 20.7 4 i 824.0 1 40.0 ri 10• �<< ` i I1L.S.-18 �:tVP-26 11806.0 �. �J824.0 i1`• H � 10 ` J-00 ~ -J-23d ..— J -Y .. T i 11 AUDITOR'S SIJr1` NO. At ................._.... .JP -52... al =- -� JP -68 862.0 878.0 1 J -bb 1r� I- I -i >I It LPP_4� ;�PK .�.. 4 HIGH SCHOOL ADD. SUBJECT PARCEL STORM SEWER MASTER PLAN FIG. #1 approved: standard plate #: 12" l its V- WESCOT� R01AQ,//11-_ 12" QID 50.4/67.0 i 14 38.4/56.0 61.0 1.0 16 am sow —I(ZII9:) 54.6/71.0 16" 118 53.1/68.0 50.3/67.0 (709 16" '40% 53.7/ 7F.0 -AP PATS EAG PAR 68.0/ 82.0 1 FLO 35.5/50.0 Q city of eagan PUBLIC WORKS DEPARTME 6 M.G. GROUND 5606 G.P.M. B I H.W. L I I 182 183 24" 68.0/ 0/720 72,01 20" 12"171 74 -,1 7, EAGAN HIGH SCHOOL ADD. .......... SUBJECT PARCEL WATER MASTER PLAN 66.7/ 85.0 186 42.2/58.0 - r187 39.0/$4.Q A Auu" UUI,, J834.5/95.0— C1(D leg 120 7 FIG. +3 approved:- standard I plate 4;: APC Minutes October 27, 1987 1. The APC concurs with the opinion of the City staff and legal consultant that amendment (rezoning) of the EHWPD is necessary to facilitate the applicant's proposal. 2. There are several traffic safety issues in regard to the development that must be resolved prior to approval of the project. The APC has not made a practice of redesigning an applicant's road layout. It does not appear that free access to Cliff Road from southbound I -35E has been resolved and the traffic load on the Rahn and Cliff Road intersection will be unacceptable and may. force traffic to follow other less desirable access routes. 3. Property owners and residents in the general area have appeared in writing and orally to object to the proposed development for reasons including the anticipated increase in traffic and general impact on the County and City streets. 4. Because the EAW process has not yet been completed, the APC is concerned as to whether the permits that will be required for the development of the commercial site will generate additional concerns, including the Indirect Source Permit issued by the Minnesota Pollution Control Agency and the Environmental Assessment Worksheet reviewed by the Minnesota Environmental Quality Board. 5. The proposed plan could have a serious impact on the aesthetic quality of the area, including mature trees, rolling hills and lake. 6. The question as to the actual acreage available for commercial use is not yet resolved. Chairman Hall directed the City Attorney to prepare a Resolution for ratification at the next meeting. EAGAN HIGH SCHOOL ADDITION - COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLAT The second public hearing of the evening was called by Chairman Charles Hall at 11:00 p.m. on the applications of Independent School District #196 requesting a comprehensive guide amendment, rezoning and preliminary plat of 89.96 A (Agricultural) acres to a PF (Public Facilities) district for a combined middle and high school located primarily in the southeast quarter of Section 23, on the north side of County Road #30 and east of Northview Elementary School. Mr. Runkle introduced the project, which included a 430,000 square foot middle and high school building. He indicated that the school district was attempting to fast track the project, due to the need to open the facility by the fall of 1989. In conjunction with the applications, they were requesting permits for footings and foundations. Mr. Runkle also indicated that an EAW was being completed with a final date of November 20. �f 10 APC Minutes October 27, 1987 Mr. Tom Wilson, Eagan High School Principal, in charge of the project, provided a brief history of the need for this structure and the bond issue raised to finance it. He indicated that a two month delay, unlike a commercial shopping center, would result in a year delay in the utilization of the school. In his opinion, this could be the finest high school in the state, in terms of facility and equipment. Mr. Ted Rosenbloom, the project engineer, indicated this would be the largest high school constructed in a very long time in the State of Minnesota. He indicated that construction and design efforts would overlap. He described the plans evidenced by the model and sketches and outlined the overall layout, topography, vegetation, building structure, parking and athletic field layouts. He suggested that the proposed ponds would provide not only aesthetic function, but serve as storm sewer holding ponds. He indicated that agreement had been reached with the City, other than the number of soft ball fields, which they could not improve upon. He suggested that problems with lighting, traffic and noise next to Braddock Trail and the R-1 development to the east, would be mitigated by lowering the proposed stadium, raising berms, and planting large pine trees in the berm to the east. He also advised that 120 foot light standards would be used for the field so that the light might be more directed and avoid spillover into neighboring areas. There was no one from the public to address the proposal. Questions were raised in regard to adequacy of parking, as suggested in Police Capt. Geagan's memorandum. The developer responded that additional parking was available, but that parking would be more than adequate. It was suggested that the only reason parking was a problem at the other high school sites was due to the overcrowding of the buildings beyond planned capacities for either students or parking. Mr. Wilson advised that the sporting events crowds would not be as large as the Rosemount -Apple Valley football games since the school district would now be divided between three high schools and the inter -school major contests would be held at the Rosemount High School stadium. The 6% grade in curve on Braddock Trail was discussed. Mr. Foertsch indicated that this appeared to be the best possible resolution and the City maintenance certainly would consider it a priority area. In response to questions from Mr. Voracek in regard to security and fire protection, it was indicated that all sides were approachable, other than the west side and that full time, 24-hour personnel would help resolve any security problems. 11 APC Minutes October 27, 1987 McCrea moved, Voracek seconded the motion to recommend approval of the rezoning. All voted in favor. McCrea moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide amendment. All voted yes. McCrea moved, Voracek seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. That the City staff and school district staff will try to arrive at an overall site plan for recreational and athletic facilities which will most efficiently and effectively satisfy the concerns of the Eagan residents. 2. The standard plat conditions shall apply. 3. The proposed modifications to the temporary drainage plan proposed to accommodate the construction of the actual high school/middle school building are required in accordance with the staff recommendations outlined in the staff report prior to issuance of a grading permit. All voted aye. CUTTER'S RIDGE 2ND ADDITION - REZONING & PRELIMINARY PLAT Chairman Hall then called the next public hearing of the evening in regard to the application of Graham Development for rezoning of 3 A (Agricultural) acres to R-1 (Single Family), and a preliminary plat consisting of 11 lots on 4.35 acres, including Outlot A of Cutter's Ridge Addition, located on the northeast quarter of Section 21, east of I -35E and west of Pilot Knob Road. Mr. Runkle introduced the project which now incorporates additional land to the south of the original Cutter's Ridge Addition, along with the development of Outlot A of Cutter's Ridge Addition, along with the boundary of the new property. Mr. Bill Garr was present and indicated that Cutter's Ridge 1st and 2nd Addition would be finalized together. He also advised that the applicant found the conditions to be acceptable. Wilkins moved, Trygg seconded the motion to recommend approval of the rezoning. All voted in favor. Wilkins moved, Voracek seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 12 7 • .. jj�y /J % ' � I � � 1, .;4�.� f FF .I.., ¢� \ "- l ."' 111111 � �r� � •. �' ,�• .Pr QInR ..- \\I �- t,C. I .• 'F `6Ni '�\'� '1 (4� �:� --. `��n� , j �, II b . y)ll•.a , J �,., .301 .' / �.'� �n. p� �ilyW��`/` .0 v: ---.....ter � �..\jI'' t �• c�� I\ . •' �k, � n�� ire\� � '��e.. 1i �,,��,.�••i�3'=t -� ,.� � �1�-�.�1 ,rr�'. ,1;�'.;\� r;� Vi . ` `\ !- ^ ,'�%. .r`i IIl s• \-f� r'"'pT�y. C `� r, 'l. a �� In ,i� i e17M1 .,.:,r� \ '+31 ••'-� "N ` ,:f�. ,( � fl Il11I3= \ ,� l I/. 11I..��C �1_, \\\\._�I' ��\ • 132 + I � � , P 1''; , 't. \. I l\. r`, �T?\� •.\ � ,.:�r r � I yyy11111#� r�� , /�� UIIIIFY' .' „ - ^• --- _.x ... .».—. _ • - - �6 -­ SCALE:11--E0 FEET DIITF. JULY fD,IfE1 ROAD r... r., ,,.,.. HEDLUND .i.... � r , , r... .r .,•....; r,nr Ma.irii : (�.rm req 7_may _ ,E 9 G�_>•S i ZLsw n f� Eh�d�t O^F°f r � �e � mi C+� J 7 0 1 I . ••• piy .,. .. <• � III I /Ik 'I y 1. Sk I I T 7y{ L/ �f� e� a i 0 �• �`��, I II'i �: ;•'. ... .al,�•. • j^ \ i i .e•� \ iw..'..,j ..j:' / �.'r ,�.n 1' :sl - _u \ 1,4 / • .. _ .. i �' a ., ! � fit. � \� • wT r . � ± � _ / � / / i .s✓ � NJ I•Lw r 1 r � i.' I 1 .`., . 1,'..; % ..,. r f \�,`�I, ` , I �,.r.. f. -__T- . 4 • .�.. 1.• w �—r. � 4 `i � . �� _a. .. .. ..,� ... ...I .r.�. ).(./1, t.•`,vvvV!!!'I •�• R '-jam ., y :..,... . I. J., I; r— ��...•-.rr. ..f `�� .i„1,•..� - '� ',.�;'y�. .� ,. .I•. li ... 3 � H � �iS... _�.....,, r i t k A • .. .' .. I,. .f ;/ ,....Eos_ �Li :,.. •.I. � w, _ �L 3 .t.,. ... ..., .... n b7 7 a0 b7 7 Agenda Information Memo November 5, 1987 REZONING/PRELIMINARY PLAT/CUTTERS RIDGE 2ND ADDITION C. Rezoning, Graham Development, Cutters Ridge 2nd Addition, A (Agricultural) to R-1 (Single Family) and a Preliminary Plat Entitled Cutters Ridge 2nd Addition --A public hearing was held by the Advisory Planning Commission on September 22, 1987, to consider an application submitted by Graham Development to rezone 3 A (Agricultural) acres to R-2 (Single Family) district and a preliminary plat for Cutters Ridge 2nd Addition consisting of 11 lots on 4.35 acres, incorporating part of Outlot A of Cutters Ridge 1st Addition. The APC is recommending approval of both the rezoning and the preliminary plat. A copy of the Planning and Engineering Departments' report is enclosed on pages �`—T through The Advisory Parks and Recreation Commission is recommending a straight cash dedication. For a copy of the APC action on this item, refer to page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning of 3 A (Agricultural) to an R-1 (Single Family) district and a preliminary plat entitled Cutters Ridge 2nd Addition. SUBJECT: REZONING, PRELIMINARY PLAT (CUTTER'S RIDGE 2ND ADDITION) APPLICANT: GRAHAM DEVELOPMENT LOCATION: NE 1/4, SECTION 21 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: OCTOBER 27, 1987 DATE OF REPORT: OCTOBER 21, 1987 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Rezoning of 3 A (Agricultural) acres to an R-1 (Single Family) district and a Preliminary Plat for the Cutter's Ridge 2nd Addition. This plat consists of 11 lots on 4.35 acres that also includes the 1.35 acre Outlot A of the 1st Addition located west of Pilot Knob Road and north of Deerwood Drive. This plat is in conformance with the January 1987 Land Use Plan that designates this area as D -II (0-6) units/acre. EXISTING CONDITIONS/SITE PLAN: The original concept plan for the Cutter's Ridge. Additions was revised prior to the Advisory Planning Commission meeting in July so the street connection to the Horne property on the north could be made. The preliminary plat of the 1st Addition was modified slightly eliminating the stove pipe lot along Pilot Knob Road - a reduction of 1 lot. The 2nd Addition picks up that lot, therefore the number of lots originally planned for the 20 acres remains at 47. This site consists of mostly open grassland with a hardwood tree stand along the southeastern portion of the plat. There is an existing home site on Lot 2, Block 4, that meets all Code setback requirements. The lots vary in size from 12,000 SF - 22,300 SF and the gross density of the plat is 2.5 units/acre. Since the existing home is on a lot under 1 acre in an R-1 district, it will have to either connect to City sewer and water or be granted a Variance to maintain its well and septic system. The address for that home will also be changed from its current one along Pilot Knob Road to one on proposed Street W. GRADING/DRAINAGE/EROSION CONTROL: The proposed grading plan provides for street grades in accordance with City of Eagan standards and generally conform to the existing contour of the land. The proposed grading plan complies with the City's maximum allowable 3:1 slope criteria. The grading at the westerly end of street 'A' is shown on property outside of the proposed plat boundary which requires a slope easement from the westerly adjacent property. In addition, the construction of a temporary cul-de-sac is required at the westerly end of street W. Either an easement from the westerly adjacent property is required to construct a temporary cul- de-sac or Lot 1, Block 5, should be platted as an outlot to accommodate this temporary cul-de-sac construction. Drainage on this site is proposed to be conveyed by the storm sewer provided in Street 'C' of Cutter's Ridge lst Addition. Conditions relating to drainage in the staff report of Cutter's Ridge lst Addition Preliminary Plat must be complied with to ensure proper conveyance of storm water runoff generated by the proposed 2nd Addition. An erosion and sediment control plan, including both a site map and narrative, must be submitted and approved by staff prior to issuance of a grading permit or final plat approval. UTILITIES: Sanitary sewer to serve Cutter's Ridge 2nd Addition is propsed to be extended from Cutter's Ridge lst Addition. The sanitary sewer in Street 'A' shall be extended to the west line of Cutter's Ridge 2nd Addition to provide continuation of service to the westerly adjacent property. The sanitary sewer in Street 'C' south of Street 'A' is not required to be extended to the south line of the plat. It is anticipated the property southerly of Cutter's Ridge 2nd Addition will drain southerly to the existing sanitary sewer in Deerwood Drive. Water main to serve Cutter's Ridge 2nd Addition is proposed to be extended from Cutter's Ridge lst Addition. The 12" trunk water main in Street 'B' and 'C' of Cutter's Ridge 2nd Addition is properly shown. However, the 12" trunk main in Street 'B' within Cutter's Ridge lst Addition shall be extended to the westerly plat line as opposed to Pilot Knob Road. This 12" trunk main will ultimately be extended northerly across I -35E as part of the utility extensions to serve Cutter's Ridge 1st Addition. STREETS/ACCESS/CIRCULATION: Street circulation and access to Cutter's Ridge 2nd Addition is provided by the proposed streets of Cutter's Ridge lst Addition. However, as previously mentioned, a temporary cul-de-sac at the westerly end of Street 'A' is required. A temporary cul-de-sac is not required at the southerly end of Street 'C' because no driveways are proposed to access onto Street 'C' south of Street 'A'. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development is responsible for its proportionate share of the costs associated with easement acquisitions for sanitary sewer, water main and storm sewer extensions beyond its plat boundaries. Also, the development will be responsible for acquiring the easement necessary to construct the temporary cul-de-sac at the westerly end of Street W. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS: A portion of the parcels proposed to be developed as Cutter's Ridge 2nd Addition were previously assessed for sanitary sewer trunk, water area and storm sewer trunk. The proposed development shall assume its proportionate share of the pending assessments against the underlying parent parcel for the upgrading of Pilot Knob Road under Project #466. The development shall be responsible for the following proposed assessments as a condition of final plat approval: PROJ # DESCRIPTION RATE QTY AMT 88 Water Area $1,250/ac 1.02 $1,275 297 Storm Sewer Trunk .053/sf 28,908 1,532 TOTAL PROPOSED ASSESSMENT $2,807 All final assessment obligations will be calculated based on the quanti. i -=s and dimensions in the final plat and in accordance with the ray.. -s in effect at the time of final plat approval. CONDITIONS: CUTTER'S RIDGE 2ND ADDITION 1. All standard plat conditions shall be adhered to. 2. The existing home on Lot 2, Block 4, shall change its address to be consistent with the others along Street W. 3. The existing home shall either connect to City sewer & water or else be granted a Variance from the R-1 1 -acre without sewer and water minimum lot size requirement. 4. The approved conditions for Cutter's Ridge must be complied with as a condition of Cutter's Ridge 2nd Addition final plat approval. �o� �� \ 1'„t \'111 : � � � /' /'p r � I _ _ � ( •I _f '' / ' � r�'/ / / r ` %i,Y-.`� `� "'e^ � -J-- \ . r t'�-r�' -:It 0 M\ ,STREET -C- VV Z 90 rn -------- LYL Av T9c Ole-, .?3 1 L? 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"':t:l::• -rl � /ice ./ / '� �� �� •.-ti_xr, �.;:'.•.,r: .} ;.: ,yti: .•q:..;�, •, �_ �. �< _ .\\� � � .ems•. .�•,'1(rl •1.•.:CS•;r ?t.v.v �'•;{1.;:•.•:.•.�. � �� `��' ;/r � :�ti''1?;r - .,,• . r �,�..� ..a' r:•::•t•.•- :.::;::::•; a �.. *:�•. r �_ �''� � � r�3,a , � . t r {8 (I f4 .j ''n•.•.: :•f;j.�:.r{.•.•.•:. ].•:,9'�:::�: k( •,.:. � 1' f tl ' .1 1 rn U01 r s a y � 4,02ov AS X 4 9- M o CL Tq L A rZ Z A? C w a'e V7 'Iris 8 Sa o•��'ir c s 3 a = sa � ' i w V A :a b cm p I q D I A N V� N N I O WATER AREA "" �y'rym ,�d'^'1�•,\ +�►�'�• WATER LATERAL BENEFIT STORM SEWER TRUNK 806.0 0., CP -11 0iis 795.0 808d i air, 8 PY30Nn 11P - , 7�; _5 -:1 8 8?011� 0-- '00 L BP -3 889.9 it`.BP-3505.2 ........ 9. .. 908.0 9202 \b 1-j B 0 BP -4 874.2 924 P-25 IJ 886.5 9272 8-S 42J Ll_ S A H -k 8 P 24 918.0/,� city of eagan PUBLIC WORKS LAS DEPARTME 1-Apf --I I [-� r—r--1 r-� "'UP 66%" 890U I, - 88d0,1 J A -L.], *9 CENTL 2-r,DF " L -:-7 :-_ - L HILLT- . I P r, rp 3, OF EAG, �i t N, T11 L LP -43 118 5,� 851.1 x 4 CUTTERS RIDGE 1st & 2nd ADD SUBJECT PARCEL ................ STORM SEWER MASTER PLAN -712- J1 89 89 - — I2' JP -II 815.7 830.0 I. R;ii Y FIG. -*I approved: standard I plate #: 11 .6/67.01 18 aw'. --a M. G. lu/jib 4111111111, 1 1 6" NQ STORAGE 124 44.6/59.0' N. )059 125F1020 ;161 38.3/94.0 ) (g 21.8/31.0 - 00 illp 162 88.5/ 100.0 Q 'P14.0 lie, 44 i /107.0 V(0/4 9 a 412" u /-1 164l (95 80.7/92.0 1)/k1*11,6.3/ 1020 88.0 lea -04 CUTTERS RIDGE 1st & 2nd ADD SUBJECT PARCEL ................. .................. 18-T !c 0/7 am T FIG. #3 City of eagan approved:- standard WATER plate PUBLIC WORKS MASTER PLAN 2� DEPARTMENTI 13 M APC Minutes October 27, 1987 McCrea moved, Voracek seconded the motion to recommend approval of the rezoning. All voted in favor. McCrea moved, Voracek seconded the motion to recommend approval of the Comprehensive Guide amendment. All voted yes. McCrea moved, Voracek seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 1. That the City staff and school district staff will try to arrive at an overall site plan for recreational and athletic facilities which will most efficiently and effectively satisfy the concerns of the Eagan residents. 2. The standard plat conditions shall apply. 3. The proposed modifications to the temporary drainage plan proposed to accommodate the construction of the actual high school/middle school building are required in accordance with the staff recommendations outlined in the staff report prior to issuance of a grading permit. All voted aye. CUTTER'S RIDGE 2ND ADDITION - REZONING & PRELIMINARY PLAT Chairman Hall then called the next public hearing of the evening in regard to the application of Graham Development for rezoning of 3 A (Agricultural) acres to R-1 (Single Family), and a preliminary plat consisting of 11 lots on 4.35 acres, including Outlot A of Cutter's Ridge Addition, located on the northeast quarter of Section 21, east of I -35E and west of Pilot Knob Road. Mr. Runkle introduced the project which now incorporates additional land to the south of the original Cutter's Ridge Addition, along with the development of Outlot A of Cutter's Ridge Addition, along with the boundary of the new property. Mr. Bill Garr was present and indicated that Cutter's Ridge 1st and 2nd Addition would be finalized together. He also advised that the applicant found the conditions to be acceptable. Wilkins moved, Trygg seconded the motion to recommend approval of the rezoning. All voted in favor. Wilkins moved, Voracek seconded the motion to recommend approval of the preliminary plat, subject to the following conditions: 12 Z �� APC Minutes October 27, 1987 1. All standard plat conditions shall be adhered to. 2. The existing home on Lot 2, Block 4, shall change its address to be consistent with the others along Street "A". 3. The existing home shall connect to City sewer and water. 4. The approved conditions for Cutter's Ridge must be complied with as a condition of Cutter's Ridge 2nd Addition final plat approval. All voted affirmatively. WAIVER OF PLAT - ROBERT SCHLANGEN Mr. Hall then called the public hearing in regard to the application of Robert Schlangen for a waiver of plat to combine the north 1.76 acres of Outlot A, with Lot 1 of Oak Cliff 3rd Addition, located in the northwest quarter of Section 31, south of Cliff Road and east of Slater's Road. Mr. Runkle indicated that no building or construction was anticipated or would be requested prior to platting. However, the owner of the Amoco station had anticipated the need to expand at least his parking and in order to purchase the property in question, would need a waiver of plat prior to actually platting the property when the uses would be determined. The applicant was present and expressed agreement with the conditions imposed. Trygg moved, Krisnik seconded the motion to recommend approval of the waiver of plat. All voted yes. WAIVER OF PLAT - TXI, INC. The last hearing of the evening was convened at 12:07 a.m. by Chairman Hall in regard to the request of TXI, Inc. for a waiver of plat, in order to combine four existing parcels within the Pondview Planned Development, into two separate parcels with different ownership for future development, located in the southeast quarter of Section 16, between I -35E and Pilot Knob Road. Mr. Runkle explained that the waiver of plat was only for the purpose of recording transactions and that no building would be commenced at this time. 13 7�`--' Agenda Information Memo November 5, 1987 WAIVER OF PLATfROBERT SCHLANGEN CEDAR CLIFF AMOCO STATION D. Waiver of Plat, Oak Cliff 3rd Addition, Robert Schlangen--The Planning Department has received an application for a waiver of plat to allow splitting the northernmost 1.76 acres from Outlot A of the Oak Cliff 3rd Addition and adding it to Lot 1, Block 1. The Cedar Cliff Amoco Station is presently located on Lot 1, Block 1, Oak Cliff 3rd Addition and this waiver will allow for the acquisition of the property only. If and when development of the property is proposed, Cedar Cliff Amoco will do so through a replat of the above -referenced property or through a revision of the present plat. A public hearing was held at the Advisory Planning Commission meeting of October 27. For a copy of the Planning report, please refer to pages 2,11 through j-2?. The Advisory Planning Commission recommends approval of this waiver; please refer to a copy of the APC minutes enclosed on page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Robert Schlangen, Cedar Cliff Amoco Station, allowing the acquisition of 1.76 acres of property from Outlot A of the Oak Cliff 3rd Addition and adding it to Lot 1, Block 1, Oak Cliff 3rd Addition. V CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: ROBERT SCHLANGEN LOCATION: NW 1/4, SECTION 31 EXISTING ZONING: LB (LIMITED BUSINESS WITHIN WINKLER-JACKSON PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: OCTOBER 27, 1987 DATE OF REPORT: OCTOBER 20, 1987 REPORTED BY: PLANNING & ENGINEERING APPLICATION SUMMARY: An application requesting a Waiver of Plat in order to allow the conveyance of property has been submitted by Robert Schlangen, owner of the Cedar Cliff Amoco Station located at the southeast intersection of Cliff and Slater Roads. The service station is on Lot 1, Block 1, of the Oak Cliff Third Addition. The undeveloped Outlot A contains 7.8 acres. This Waiver of Plat will split the northernmost 1.76 acres from Outlot A, creating a new Meets and Bounds description in the Oak Cliff Third Addition. Mr. Schlangen intends to expand his parking and lot area on the south side of the Amoco Station approximately 50'. At that time, he will replat the service station lot and the remaining area as either an outlot or a buildable lot. No structural changes are proposed with this Waiver. GRADING/DRAINAGE/EROSION CONTROL: A conceptual site plan accompa- nied this Waiver of Plat providing for a service bay expansion and a parking lot expansion to an existing facility. No grading, drainage, and erosion control details were submitted for review. The conceptual service bay and parking lot expansion are subject to a detailed staff review during the replat process. Staff is especially concerned with the landlocked low area drainage basin along the easterly line of the proposed north 1.749 acres of Outlot A, Oak Cliff Third Addition. UTILITIES: Sapitary sewer and water main of sufficient capacity and depth are readily available along Slater Road. STREETS/ACCESS/CIRCULATION: Access to the proposed site is readily available from Slater Road. EASEMENTS/RIGHTS-OF-WAY/PERMITS: An additional drainage and utility easement for the existing 8" sanitary sewer line along the westerly line of the north 1.749 acres of Outlot A, Oak Cliff Third Addition is needed. The development will be responsible for providing a 40' easement for the existing 20' -deep sanitary sewer. WAIVER OF PLAT - ROBERT SCHLANGEN The north 1.749 acres of Outlot A, Oak Cliff Third Addition are subject to providing a required storm sewer easement to provide the outlet for the landlocked low area drainage basin along the easterly line of said north 1.749 acres. Sufficient right-of-way for Slater Road has been dedicated in previous planning processes. ASSESSMENTS: Lot 1, Block 1, Oak Cliff Third Addition and said north 1.749 acres have been previously assessed for sanitary sewer trunk, water trunk, storm sewer trunk, street (Slater Road), and water lateral benefit. There are no pending assessments of record. As a condition of this Waiver of Plat, the following assessments are proposed: Project # Description Rate Quantity Amount 275A Water lateral benefit upgrade $ 8.08/FF* 448.48 FF $ 3,624 275A Slater Road upgrade 46.93/FF 448.48 FF 21,047 Water availability charge 1,950.00/Ac 2.91 Ac 5,674 Total proposed assessment $30,345 * Difference between commercial rate and multi -residential rate CONDITIONS: 1. No expansion of the existing service station facility or parking lot shall be allowed without replatting that lot (Lot 1, Block 1, Oak Cliff Third Addition). 0 ZO 1 1 f 77- — I 1 1 f I s ,.'sal iV�YCJ •. _ ; _� � f -______ _ nrall�� C � i e� SCHOBORG _LAND SURVEYING INC• - nr. 1. COX 200 09LMIC. MN 33320 972-3221 CERTIFICATE OF SURVEY FOR: North Star Engineering That part of Outlot A, OAK CLIFF 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying north of a line which is parallel with and distant 254.50 feet southerly of, as measured at a right angle to, -the north line of -said Outlot A, said parallel line being extended easterly to the easterly line of said Outlot A. II G/rt/E O� OL/TL o7` A I o� k� 30 W �; I �/ T 7�, 788 (SQ. \ / 76 �_fC�E5 � v � I V 3D \ I SCALE: / INCM• 60 PITT. o OEMOTTs //! /MCN IRON ^wz ser. O OTMOres PO(INO /ROM MOMLY£Mr /FARING! SNOW# ARL ASSNA/[O. I MER£er c£RrIFr TNAT TN/s sURYIr, P4�•�, OR REPORT WAS PRIAIRIO or Aw-OR Lf Mr O/RICr SVPeRYISION ANO rAW r / A& DULY R£6/sr£Rf0 LAND SLKY£YOR MWZ# r/l£ LAWS OF TME ,TATE OF U/NNE'sOTA 2� efmT 6 107y WTE REQ. MO. M 69• Se' 22.• E _ 2514.91 - a`. � _ _ _ n,..+ — _ � .r ,..r_v, r. ice_ ss•�.�1 _ _ _ � C. :X j4.. NO. - � 31, T. il, it.. M �� .. MA�.•3A'72'E * 3 Imo;; T_ OT u ,,: `.':::::::? • ':�. a �' LJ n _• a r4 \ l i %3 7 e Y. S i 1 IY 1 - r �I r + WATER LATERAL BENEFIT UPGRADE WATER AVAILABILITY i [w[[wrmlr 0000000000 SLATERS ROAD UPGRADE IdsprAwrAw"Am"m CLIFF ROAD UPGRADE zz� uril.n ew[snFnr-" ' /oac. ,ra izois.J UT L0 i F 14m 34 63.5/A7:0 X\ 14, L: 1;7 U a*, R 23 w city of eagan PUBLIC WORKS DEPARTME 3i 46.3/7-3—It \ , 11 U 11P/rirr- R 11-1N JL'153 46.0/ 72.0 A i JL arm Is too 39.0/65.0A P;' , UQ It 016" IF, ft 09) 3 2.W5 $.a 230 37.7/43:0 37.7/43:0! DRIVER if TEST 16 -T CENTER T7 Ij 1 2.5/56.0 228 8 7..-: 9 7.0 231 30.8/55b l 227 :1 20-1 161 /--',4 Ji R iDGECLIFF 232 75J ADDITION 223 85.8/ 95,6 58 7- ,- 41 toil 224 95.0 .10 10" N 1;,cP5.6 /49 9. 0 > U) co =00 0 Q23 14m 34 63.5/A7:0 X\ 14, L: 1;7 U a*, R 23 w city of eagan PUBLIC WORKS DEPARTME 3i 46.3/7-3—It \ , 11 U 11P/rirr- R 11-1N JL'153 46.0/ 72.0 A i JL arm Is too 39.0/65.0A P;' , UQ It 016" IF, ft 09) 3 2.W5 $.a 230 37.7/43:0 37.7/43:0! DRIVER if TEST 16 -T CENTER T7 Ij 1 2.5/56.0 228 8 7..-: 9 7.0 231 30.8/55b l 227 :1 20-1 161 /--',4 Ji R iDGECLIFF 232 75J ADDITION 223 85.8/ 95,6 58 7- ,- 41 toil 224 95.0 - l / 18 225 4 M. G. GROUND STORAGE 1' H.W.L. 1150 0&- (,�2 6 25.8/33.0 it OAKCLIFF 3rd ADD. ROBERT SCHLANGEN DAKOTA COUNTY PARK SUBJECT PARCEL WATER -2 MASTER PLAN FIG. + %--" approved L standard I plate 4: APC Minutes October 27, 1987 1. All standard plat conditions shall be adhered to. 2. The existing home on Lot 2, Block 4, shall change its address to be consistent with the others along Street "A". 3. The existing home shall connect to City sewer and water. 4. The approved conditions for Cutter's Ridge must be complied with as a condition of Cutter's Ridge 2nd Addition final plat approval. All voted affirmatively. WAIVER OF PLAT - ROBERT SCHLANGEN Mr. Hall then called the public hearing in regard to the application of Robert Schlangen for a waiver of plat to combine the north 1.76 acres of Outlot A, with Lot 1 of Oak Cliff 3rd Addition, located in the northwest quarter of Section 31, south of Cliff Road and east of Slater's Road. Mr. Runkle indicated that no building or construction was anticipated or would be requested prior to platting. However, the owner of the Amoco station had anticipated the need to expand at least his parking and in order to purchase the property in question, would need a waiver of plat prior to actually platting the property when the uses would be determined. The applicant was present and expressed agreement with the conditions imposed. Trygg moved, Krisnik-secondedthe motion to recommend approval of the waiver of plat. All voted yes. WAIVER OF PLAT - TXI, INC. The last hearing of the evening was convened at 12:07 a.m. by Chairman Hall in regard to the request of TXI, Inc. for a waiver of plat, in order to combine four existing parcels within the Pondview Planned Development, into two separate parcels with different ownership for future development, located in the southeast quarter of Section 16, between I -35E and Pilot Knob Road. Mr. Runkle explained that the waiver of plat was only for the purpose of recording transactions and that no building would be commenced at this time. Z-1-15 13 WAIVER OF PLAT/TXI, INC. E. Waiver of Plat, Pond View Planned Development, TXI, Inc. --An application was received by the Planning Department requesting a waiver of plat to combine four existing parcels within the Pond View Planned Development into two separate parcels. Parcels A and B were part of the Blackhawk Park PD and are presently owned by Meritor Development Company. Parcels C and D were also owned by Meritor but have been deeded back to TXI, Inc. The waiver of plat is only necessary for the conveyance and recording of a land sale. No construction will occur until the property is platted. For additional information, please refer to the Planning report found on pages,Zz5 through 732 - Also enclosed are the minutes of the APC meeting of October 27 .(D, Z33 ,+- 234) Enclosed on page 235 is a memo from the Engineering Division requesting consideration of adding an additional condition of approval regarding right-of-way dedication. If appropriate, this should be added to the conditions identified in the Staff report and/or approved by Planning Commission action of October 27th. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for TXI, Inc., in the Pond View Planned Development. ZZ� SUBJECT: WAIVER OF PLAT APPLICANT: TXI INC LOCATION: SE 1/4, SECTION 16 EXISTING ZONING: PLANNED DEVELOPMENT (PONDVIEW) DATE OF PUBLIC HEARING: OCTOBER 27, 1987 DATE OF REPORT: OCTOBER 21, 1987 REPORTED BY: PLANNING & ENGINEERING APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to combine four existing parcels within the Pond View Planned Development into two separate parcels with different ownership located west of Pilot Knob Road and east of Hwy. 35-E. This Waiver of Plat is necessary for the conveyance and recording of a land sale only. No construction will occur until the area is platted in the normal procedure. Originally, Ed Dunn owned all of these parcels. The southern parcels, A and B, were a portion of the Blackhawk Park P.D. Parcel A, containing 6.6 acres, and B, 7.1 acres, are now owned by Meritor Development Company. The northern parcels, C, 10.7 acres, and D, 4.3 acres, will be controlled by TXI, Inc., (Title Ten, Inc.). Meritor previously held the deed for all four parcels and then quick claimed parcels C and D back to TXI, Inc. If approved, this Waiver of Plat shall be subject to all applicable Ordinances. 2 z� ASSESSMENTS: The four parcels proposed to be combined by this Waiver were previously assessed for sanitary sewer trunk, water area, storm sewer trunk, and water lateral benefit. The parcels are subject to pending assessments for storm sewer lateral benefit and Pilot Knob Road street improvements under Project 466. The following assessments are proposed as a condition of the Waiver of Plat: Project # Description Amount 24 Water trunk 11.12 Water availability charge 24 Water lateral benefit (trunk) 24 Water lateral benefit 279 Storm sewer trunk 279 Storm sewer trunk 466 Pilot Knob Read upgrade 466 Pilot Knob Road trail 58 Lateral benefit sanitary sewer trunk Rate Quantity Amount $1,250.00/Ac 11.12 Ac $ 13,900 1,920.00/Ac 2.91 Ac 5,588 8.08/FF 716 FF 5,786 12.47/FF 80 FF 998 .026/SF 126,760 SF 3,296 .014/SF 476,546 SF 6,672 73.51/FF 716 FF 52,634 12.40/FF 716 FF 8,878 15.06/FF 423.47 FF 6,377 $104,129 Note: The areas as noted in the proposed assessment table may be subject to change due to ponding area credits which were not available at the time of the report preparation. EM2 c r n'd�/ 111 11E0. .uI ' r...' � � •s:•4 r��c �� 011 -�w IErfRIWArOtllr I _'\ i I_� S-a•3'r1P,' sl 1 C IClLITi �J . c '+ 3 1 ® 01EAR / ]u . r ,n c Q-t•�s---- ,� oI cr ` ..a/ '!.' AOM. e 4.'i.NIRA: '� j �• EAOIR rvA1aRAC�: K 1) JAC 7B PD T) HTS iogii r+oaly _`q eSTvtr i ll"' - csc . SROA OF 1, -sll IR �A f `8^ R -II R -11;'R;1:,: -CSC-i 4 ti ll R1 (-r '--..';: LB R -ill.• ��. R -I E;c�lsi'?�./sem =J _ - }�-�� •�. ogsy :� 1 •acyl"v :� �� - r (((R���.II ':-� ; -� ; •: c �`� R-II HALL C PARCEL PARCEL '<"^, .4 0 i AREA 468036 S -F x CRESTRIDGE LANE AREA AREA 165874 S.F. 10.745 AC. r____ 4.267 C. AT J-: -: 4 4 PARCEL /-y PARCEL AREA - 308757 SF. A - 7.088 AC. AREA 2135656 S.F. &558 Ar - Et HEiGHrs z M. F!R-T7 ----- .u.41 ENGLERT ROAD ftlfuu� James R. Hill, Inc • BOUNDARY SURVEY FOR FIRST NATIONAL PLANNERS/ENGINEERS/SURVEYORS BANK OF ST. PAUL 9 1 C) s P! LOT KNOB HEIGHTS FIRS. :.DDIT, O.. E14GLERT STORM SEWER UPGRADE TO MULTI I " � _ g STORM SEWER UPGRADE LATERAL BENEFIT SAN. SEWER PILOT KNOB ROAD UPGRADE PILOT KNOB ROAD TRAIL - ..... ��y . � t x .r CRESTRICrE UWE s lo N J ul 1 C) s P! LOT KNOB HEIGHTS FIRS. :.DDIT, O.. E14GLERT STORM SEWER UPGRADE TO MULTI I " � _ g STORM SEWER UPGRADE LATERAL BENEFIT SAN. SEWER PILOT KNOB ROAD UPGRADE PILOT KNOB ROAD TRAIL - ..... ��y ^�rs'tLyVh�la L-�• u ..� .vVf� In I __ crva�crti 9 R l; c --T------ AD01 TTJ7. ROAD WATERMAIN TRUNK WATER AVAILABILITY + WATER LATERAL BENEFIT WATER LATERAL BENEFIT UPGRADE Z�0 o!LO. KNO9 HEIGHTS FIRST -'pOM7 ^' M f4t.. I _ M I W H x Lu ---- CRESTROEME LANE I I o!LO. KNO9 HEIGHTS FIRST -'pOM7 ^' M f4t.. RIDGE . dT,a j CT c!o_i -'� N N—V �I 88 12t1r� .,f,RK i i 8CJ j ADDITION KwooDl.ji GRAILS it EJ - _ 28 f � �. T T 1�J� ti� F;' 'i I �►t I i� �l�l k� �.r �r��l�f j ! TY l k1-4-3 wc*, 6 ':.i _ x 29 33 r7n.'mom. iiIIII!1111111M }►� �� _sROYpal E AM; , 61 it 3311 �i opo. �f , i� C _ F c�J M ��Q15"I12 3327`r' 1 t/�EAGAINa'..T_i 1 TXI INC. SUBJECT PARCEL FIG.. #2 city of eagan approved standard PUBLIC SANITARY SEWER plate #: � - $ WORKS MASTER PLAN N DEPARTMEN �3 ter ear -.,Mmr F pond --= — I �J C -H2 31 PILOT ✓• N09 M1 }` \T17. R f, L(, nit L L -'� N N—V �I 88 12t1r� .,f,RK i i 8CJ j ADDITION KwooDl.ji GRAILS it EJ - _ 28 f � �. T T 1�J� ti� F;' 'i I �►t I i� �l�l k� �.r �r��l�f j ! TY l k1-4-3 wc*, 6 ':.i _ x 29 33 r7n.'mom. iiIIII!1111111M }►� �� _sROYpal E AM; , 61 it 3311 �i opo. �f , i� C _ F c�J M ��Q15"I12 3327`r' 1 t/�EAGAINa'..T_i 1 TXI INC. SUBJECT PARCEL FIG.. #2 city of eagan approved standard PUBLIC SANITARY SEWER plate #: � - $ WORKS MASTER PLAN N DEPARTMEN �3 ;, / 1 1 16 Ly RIDG =1 , 63.9180, T 81 i193.0 57.9/73.0 46.3/62.0 4g 4/57._0 60.0 615, /12., C7D920-1 760" 2 0.".,. -i w r r 18" 68 D)887/ 1 � 11"' o 106. 0 (��)TREAi�MENTJ. I .-JAL 68.8/84.0 PLANT SITE 1z 32MGD) HEIGH r-, k 2 1/92.0 "P` 91 7`5 56./67.0,T 2NID 30"1 69.5/87.055.,3 1'rOr.,O.- 8.0133b '78.0 QD610 4) 84.7 / -, I Ix F1 --TT 77' 1-41LLqN3 78.7/96.0 III -ITT 84.0 k % '77.0 WK 4 !"LACKHA,y FT 71 16 :Z PARK -5 12 C. 1,i6 ago 400 NO or 51.7/67.0 .00lip" 1-2 .2.9/-74.0 0 177 52.6/67, 59.9/ 75%0 i C; (DO 24" *a 16° 6 M G'59.8/76.0 GROUND STORAGE 6/59.0 20 59 9/,750 9 '77 "/7 6* 0 H.W.L. J059u 12 20"1 0- 1020 (;161) 38.3/94.0 /2 1 1, 0; 65 31 1:1 ptq 5/ 928/940 D71 :Coo 26 /570 , : -, 426/570 –I's JF"0/4.5 0 4 -r6 690/1520 !-A 16 __j L. 6503/15!cPT K610B i 8 0103 0061ft,,24" V� CENTE?, �k 469/93:d 24 Tr 18" )C109 ;S3!O%69.0 N V 12" TXI INC. .................. ................. SUBJECT PARCEL ................... FIG. City of eagan approved:- � standard PUBLIC WATER plate WORKS DEPARTMENT MASTER R PLAN -.3 7-- NMF APC Minutes October 27, 1987 1. All standard plat conditions shall be adhered to. 2. The existing home on Lot 2, Block 4, shall change its address to be consistent with the others along Street "A". 3. The existing home shall connect to City sewer and water. 4. The approved conditions for Cutter's Ridge must be complied with as a condition of Cutter's Ridge 2nd Addition final plat approval. All voted affirmatively. WAIVER OF PLAT - ROBERT SCHLANGEN Mr. Hall then called the public hearing in regard to the application of Robert Schlangen for a waiver of plat to combine the north 1.76 acres of Outlot A, with Lot 1 of Oak Cliff 3rd Addition, located in the northwest quarter of Section 31, south of Cliff Road and east of Slater's Road. Mr. Runkle indicated that no building or construction was anticipated or would be requested prior to platting. However, the owner of the Amoco station had anticipated the need to expand at least his parking and in order to purchase the property in question, would need a waiver of plat prior to actually platting the property when the uses would be determined. The applicant was present and expressed agreement with the conditions imposed. Trygg moved, Krisnik seconded the motion to recommend approval of the waiver of plat. All voted yes. WAIVER OF PLAT - TXI, INC. The last hearing of the evening was convened at 12:07 a.m. by Chairman Hall in regard to the request of TXI, Inc. for a waiver of plat, in order to combine four existing parcels within the Pondview Planned Development, into two separate parcels with different ownership for future development, located in the southeast quarter of Section 16, between I -35E and Pilot Knob Road. Mr. Runkle explained that the waiver of plat was only for the purpose of recording transactions and that no building would be commenced at this time. 233 13 APC Minutes October 27, 1987 Mr. Kevin Ellis, attorney on behalf of TXI, Inc. indicated that his client was a subsidiary of the bank, which held the property and wished to liquidate the assets. In trying to liquidate those assets, it made a sale last April to Meritor Development who then conveyed back the northerly parcel to the TXI. He did indicate that his client objected to the assessment of $104,129.00. Mr. Foertsch indicated that this matter could be addressed to the City Council. McCrea moved, Trygg seconded the motion to recommend approval of the waiver of plat. All voted yes. ADJOURNMENT Voracek moved, Krisnik seconded the motion to adjourn the meeting at 12:20 a.m. All voted yea. DGK Secretary z34 14 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, PUBLIC WORKS DIRECTOR DATE: OCTOBER 29, 1987 SUBJECT: WAIVER OF PLAT, TXI, INC. RIGHT OF WAY DEDICATION REQUIREMENTS With the scheduled improvement of Pilot Knob Road and the petitioned upgrading of Duckwood Drive along the east and north property lines of the affected parcels, it will be necessary to have additional right-of-way dedicated to accomodate these necessary public improvements. Subsequently, during staff's review of this application, the additional permanent right-of-way and temporary slope easement requirements were inadvertently omitted from the Staff Report. Therefore, it is still appropriate for the City Council to add the following condition to the consideration of approval of this requested Waiver of Plat: The property owner shall dedicate the necessary permanent right-of-way and temporary slope easements for the proposed Pilot Knob Road and Duckwood Drive improvements prior to execution of appropriate documents by the City. Due to the fact that the result of this Waiver of Plat approval will facilitate the sale of property to separate individual interests which may not develop in the same time frame as each other or the related public improvements, is appropriate that this condition be fulfilled at the earliest opportunity. 6 _ - -hot,, Public Works Director --)--,;35 Agenda Information Memo November 5, 1987 WAIVERS OF PLAT/DUPLEX LOT SPLITS CINNAMON RIDGE 3RD AND 4TH ADDITIONS F. Waivers of Plat/Duplex Lot Splits, Cinnamon Ridge 3rd and 4th Additions --Enclosed on pages _ and 7-59' is a copy of the Planning report prepared in response to DeVries Builders' application for a waiver of plat. The waivers requested involve splitting 23 lots in the Cinnamon Ridge 3rd and 4th Additions. All lots have separate utilities and meet all setback require- ments. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Lots 1-8, Block 1, Cinnamon Ridge 4th Addition; Lots 1-4 and 8-13, Block 4, Cinnamon Ridge 3rd Addition; and Lots 1-5, Block 5, Cinnamon Ridge 3rd Addition. 23� CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: DEVRIES BUILDERS, INC. LOCATION: CINNAMON RIDGE 3RD & 4TH ADDITIONS EXISTING ZONING: PD #81-2 DATE OF PUBLIC HEARING: NOVEMBER 5, 1987 DATE OF REPORT: OCTOBER 28, 1987 REPORTED BY: PLANNING DEPARTMENT APPLICATION: An application has been submitted by DeVries Builders, Inc. requesting Waivers of Plat in order to split Lots 1-8, Block 1, Cinnamon Ridge 4th Addition; Lots 1-4 and 8-13, Block 4, Cinnamon Ridge 3rd Addition; and Lots 1-51 Block 5, Cinnamon Ridge 3rd Addition. The duplex lot splits would allow individual ownership. These duplex lots have separate utilities and meet all setback requirements. If approved, these waivers of plat will be subject to all applicable code requirements. -w 9 ' i 731 ;It,•s�i:�r:�:, I�Y� --•-..•.iM'. u.w••--• l+,o`r.•,,�.i ,amu �r 4 �iYS(ti•I` i our�or . ~•Ct�S� h:jr 1 T ori .. � a o � • �{i,. L ; # ,�y' �' �i, S � � �� _ f 1 " ' .c h , rMi as� u=yam \ e 2 y, al i ,T , • yam+ k It" as to n•� • ♦ • 10 1 /�t • b 14 Yp LL '� a,t. • ,e\� ate./'+' ��►, P _ �-�a :y_ ���� ���.r f�, `v •t � a '. O Or IP ✓•' r 1 � � ♦ . � �: �„✓ + to / Q v • •�, Ix 04 110 14 a s5 9 sop I is OUTLOT ' P • +./ , LOT �'■ a j 1t •', •• t , • � � , � �— t� �� _ yfyf► .� i.i 1 `� CONDOMINIUMCL s� . 4 :,CIlA11CI l P I Y� Y ARRA OMES CONDOMINIUM 0 • sem` w.�„ .� �a • : ' Woo fo i�- y .� jL� L jaa Mot, 10 C2 �� r,,► It .,� Q a b i ,• W IL W -- 2 1 .r,po i Agenda Information Memo November 5, 1987 PUBLIC IMPROVEMENT CONTRACTS A. PUBLIC IMPROVEMENT CONTRACTS: Item 1. Contract 87-42, Approve Plans/Authorize Ad for Bids (Salt Storage Building) --On August 18, the City Council received bids for the proposed Salt Storage Building for the Public Works Department operations. After comparing the bids received to the approved 1987 budget, the bids were rejected and staff was requested to revise the specifications to try to achieve bids closer to the budgeted amount. These specifications have now been revised with provision of various alternates for varying the size of the building based on bids received and extending the completion date until July of 1988. Public Works Director will have pictures available of the proposed facility being bid and its size in relationship to existing facilities at the Public Works maintenance property. Enclosed on page 7_4 is a site plan showing the relationship of the proposed location to the recent expansion of the Public Works maintenance building. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 87-42 (Salt Storage Building) and authorize advertisement for a bid opening to be held at 10:00 a.m. on Monday, November 23, 1987. A.. I l 1 �40 a °•r.•.. `cam A.. I l 1 �40 a Agenda Information Memo November 5, 1987 CHANGE ORDER #11 CONTRACT 87-1/TRAILWAYS Item 2. Contract 87-1, Change Order #1, Central Landscaping, Inc. --Central Landscaping, Inc., is the contractor under Contract 87-1, for the clearing, grading, sub -grade preparation, agreggate placement, final grades and restoration for approximately 900 lineal feet of bituminous trail at Fish Lake Park. The approximate cost of this work is $9,100. The bituminous installation will be done by Lund Asphalt in the amount of $3,100 for a total estimated cost of $12,200. This trail is being constructed as a part of the LCMR Grant Program for Fish Lake Park, NR687. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Change Order #1 to Contract 87-1, to Central Landscaping, Inc., in the amount of $12,200. AFI MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 23, 1987 SUBJECT: INFORMATIVE SEASONAL PARK MAINTENANCE WORKER REACTIVATION During the summer the City Council authorized the City Administrator to approve replacement workers for seasonal maintenance positions. The Department of Parks and Recreation has needed seasonal help during the fall season and is reactivating Todd Parker, who was employed during the summer as a seasonal maintenance employee, for the week of October 19 through October 23. Adequate funds were available for this seasonal employee. PARKVIEW GOLF COURSE VS. DERRICK LAND COMPANY, DMS INVESTMENTS, AND CITY OF EAGAN Enclosed on pages through is a copy of a legal memo from the City Attorney regarding an mended summons and complaint and the action that consists of a claim by Don Larson for alleged backup of water into a ravine on his property referenced as Parkview Golf Course. COMMENDATION Enclosed on page 71_, is a commendation for one full-time employee and two contractual employees who processed a dog noise complaint. HUMANE SOCIETY REQUEST Originally, the Humane Society had expressed interest in appearing before the City Council this fall to address a 1988 budget funding request. That volunteer gr up has sent a letter to the City, a copy is enclosed on page, stating that they now wish to delay their presentation. LMC LEGISLATIVE POLICIES MEETING Enclosed on pageis an official notification from the LMC that the 1988 legisla ive policies and priorities meeting will be held on November 18, at the Sheraton Midway Hotel. The City Administrator has a copy of the policies and priorities and if any member of the City Council would like a copy to review, please make a request and copies will be made available. City Administrator Z /Z HAUGE, ELIDE & KELLER, P.A. -Alorneys at drnaw nd TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 October 13, 1987 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SGHMIDT THOMAS P. LOWE Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55121 RE: Don Larson d/b/a Parkview Golf Course vs. Derrick Land Co., DMS Investments, and City of Eagan Dear Tom: The City of Eagan has been served with an Amended Summons and Complaint in the action that is entitled above which consists of a claim by Don Larson, the owner of the Parkview Golf Course, for alleged backup of water into the ravine at the northwest corner of Parkview, mainly as a result of the Fairway Hills development. Two of the important factors relating to this case are as follows: 1. Approximately in 1983, there was a storm sewer project that was installed on the north and south sides of Cliff Road and in addition, the Holland Lake storm sewer outlet was installed approximately in 1986, which had some impact on the storm drainage in the area. 2. The development Fairway Hills and the relocation of the road accessing from Fairway Hills to the northeast corner of the plat onto Cliff Road, effected the amount of storage capacity in that general location. This movement came as a result of Dakota County's refusing to approve the plat until it aligned nearly directly across from Ches Mar Drive on the north side. In July of 1987, the City withheld building permits and sewer and water permits for Fairway Hills temporarily and they were later released and briefly reimposed in September. The nature of the claim is several fold, including a claim for damages in excess of $50,000.00, a claim for punitive damages in excess of $50,000.00, and a claim for inverse condemnation for wrongful taking under the inverse condemnation procedure in excess of $50,000.00, and also for affirmative relief to stop the alleged ponding and flooding on the Parkview property. Mr. Thomas Hedges October 13, 1987 Page 2 We have noticed the League of Cities Insurance Trust, the Eagan liability carrier, and asked that it assume the defense of the action and further intend to bring a cross-claim against Derrick Land Company and DMS Investment, the developer and owner of the property, respectively, requesting that any costs, expenses, judgment, attorneys fees, etc. be paid by the those parties. PH: ras Vepy--�ruly yours, HAUL , EIDE & KE ER, P.A. Paul H. Hauge October 7, 1987 Mrs. Bea Blomquist, Mayor City of Eagan 3830 Pilot Knob Road Eagan, Mn 55122 Dear Mrs. Blomquist: We would like to express our appreciation for the thoroughly professional manner in which a recent dog noise problem handled by certain individuals retained/employed by the city of Eagan. Mr. Kevin Eide and Ms. Debbie Schmidt, Attornies, and Ms. Kathleen Gilbertson, from the Animal Control Department are to be congratulated for thoroughly investigating the problem and carefully monitoring the situa— tion to its final resolution. (The owners of the barking dog moved out of state after being charged under the City of Eagan Animal Noise Ordinance.) In summary, we believe the city is fortunate to have individuals of such caliber within its employ. We, as taxpayers, are thankful for their devo— tion to duty and for the specific, no—nonsense Animal Noise Ordinance. With kindest personal regards, 4--/ D John and Kathy Conrad JC:mg cc: Mr. Kevin Eide Ms. Debbie Schmidt Ms. Kathleen Gilbertson J Our Organization contacted she City Council 7 =ar ier _: Li1 this Year requesting the opportunity y to _peak ..o the Council members � intended . �y during the 1 i.f! -�17J 4L:d-�"-7tto discuss our proposal for funding .J hearings. its'.= . Wti= .i. 1n LI for an I animal shelter u der Mi nnasa toAnimal Welfare Statute 343.11. As stated in our earlier letter, it was our intention a; :d desire to prepare cpacket 1G information regarding our currant status and progress towards the construction o7 I Dakota is L, _di t L'y . In elle time }'3'=rimd 's_i1ce .. Original 1 _ i_i'-i attL't�'r 3i-ii.3 a� we were in the Process of _eVel_m: a t l t packet, it became +PP?rey LJ some members : LT the shelter committee that we were lacking certain relevant materials in some areas. ust_ue%t to that we have -'yey=U cTen==ementconsultantto work with our Board, Unfortuna L=l y , this eLision has created changes in is_r time sr siectiois which _ii-±eS it necessary for us to .cSc% L:- Presentation. ci37i. L- We will continue to : oi-."cssC+id with the 34?Ui'v3dLicZl •-.' Y'.= councils ':3# Dakota iouriiV and intend to request cif y i _ UJ L1 J'.^ti.: ii t' y� to �: __�c _ our plans et ci �eL•=r ate. Thank TL _ 1. i i you for your time and consideration. ._ _pect L..1 1'i . jacuueline z chokP .Secretary Minnesota tYallCYC Humane Society 2 �� L11� uu flll U 511 league of minnesota cities October 13, 1987 TO: City Clerks FROM: Donald A. Slater, Executive Director RE: 1988 Proposed Legislative Policies and Priorities Enclosed you will find your city's copy of the League's 1988 Legislative Policies and Priorities. Please distribute copies to your mayor and councilmembers for their review. The general membership will adopt the 1988 Legislative Policies and Priorities on Wednesday, November 18 at the Sheraton Midway Hotel in St. Paul. Registration opens at 9:00 am and the adoption meeting begins at 10:00 am. (Please see the October magazine for registration forms). Every member city has one vote to cast at the meeting. It is important that your city is represented so your city's views can be expressed. Our six policy committees developed these policies through the League's policy process. The policy process begins in June at the annual conference. Committee meetings continue throughout the summer. Each policy committee recommends topics for issues papers to be discussed at the League's regional meetings. At the regional meetings, cities voted --via a written ballot --on these issues. The results were shared with committee members, who took these results into consideration when drafting the final proposed policies. As you can see, an extensive amount of work went into drafting the proposed policies. Therefore, your city's suggestions on them is very important. I hope your city will be represented at the Policy Adoption Meeting on Wednesday, November 18. If you have any questions concerning the proposed policies please feel free to call: Committee Development Strategies (DS) Elections and Ethics (EE) General Legislation and Personnel (GLP) Land Use, Energy, Environment and Transportation (LUEET) Revenue Sources (RS) Federal Legislative (FL) Staff Person Donald Slater/Lynda Woulfe Helen Schendel Joel Jamnik Joel Jamnik Laurie Hacking/Sarah Hackett Ann Higgins 7 -el -7 1 83 university avenue east, st. paul, minnesota 551 01 (C 1 2) 227-5800 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL :::6tober 13, 1987 A special meeting d'::h'e$ar:;3y Council was held on Tuesday, October 13, 1987, at 7:00 p;m�., at the Eagan Municipal Center Building. Present were Mayor BlomquistYicl City Councilmembers Egan, Smith, Ellison and Wachter. Also present was City'Administrator Hedges. NORTHWEST AIRLINES John Shardlow, Dahlgr•.en, Shardlow and Uban, appeared representing Northwest Airlines to present::::4, process that property owners located in the Laukka Beck/Northwest Airlir"•i#*'s plaid-fipd developments are using to address future planning efforts. He �arodu6 :Tim Thornton, legal counsel for NWA, and Steve Wheeler, corporate representative for NWA. Mr. Shardlow stated that the firm of BRW is preparin:g:::2'.'.'�'a i4 ': a on study entitled "Lone Oak Transportation and Travel De�uuffd''ff�nagemeii'Plan" for the entire Lone Oak Development site. Mr. Dick Ringrose, BRW, appeared on behalf of NWA, Incorporated and L.A. Laukka Development/Wachovia and presented.a methodology regarding the travel demand management plan. He stated.--Vhk-t NWA, Inc., has approved land uses in the amount of 845,000 _a..E::::: an:d::':'3,760 parking spaces while Cray/Wachovia has 2,296,510S.Ft.;.;alt::::i;1'r3::parking spaces which are important factors for the evaluation of :::travel deisand study. Mr. Ringrose stated that both NWA and L.A. Laukka Developm.o.t/WachoV a are planning to coordinate their plan with the City's Master 1Lransgi6i"t:4 din :P.1 .n to: 1. Gain agreement with SEH on existing traffic volumes and site generated traffic, 2. Gain agreement with SEH on background traffic forecasts, 3. Coordinate review by SEH of the Lone Oak TDM plan. Both Tim Thornton, 1.Aggl. court-.a:l:;.for NWA, and Steve Wheeler, corporate secretary for NWA, t :t d::: ha .:any..::plan would be attached to the approved TDM plan. Mr. Ringrdt4: furth!dx''stated that landowners are proposing a voluntary plan and propose ''to manage the traffic. John Shardlow stressed the importance of intergo:�z:*:rnmen-::al communications with neighboring communities to ensure accepts.:Qf.,:Y�:e.:tr,.a#'.#'ie transportation management plan. Mr. Wheeler briefed the:::jr:::GQtic3::ir:long range expansion plans for Northwest Airlines reporting that the City: can expect additional expansion. FIREMAN'S RELIEF City Administrator Hedges:. .r ped the amount of 2% premium tax and general fund contributions for 4't$ig=::::_volunteer fire department relief pension fund. He outlined the:::C3'ty1s conte inions since 1981 and addressed the projected level of funding:':'based on a r:dquest for increased benefits as requested by the pension commi:tape and the amc t revised by the City Council. He further indicated that it :::the City,..A.t&iieyls opinion that the City can administer a step plan that woj;i::: cre:: ghx:rierease in the firemen's pension plan to those years of seeV:±6'e"'Yiegi'riiii.'rig"January 1, 1988. The City Administrator was given further direction on the monthly amount, duration of the new pension amount and other pertinent information for review and discussion with the pension committee. O'NEIL PROPERTY TRAFFIC IMPACT STUDY City Administrator:Tedges stated that the City's special legal counsel, Chris Dietzen, who'is handling the O'Neil vs. City of Eagan litigation has requested that:;e:::im::::o'::::Si7't, Elliot and Hendrickson, who is performing the City's MasteV'!::.reiis0oi'.ta- zso- �:-$tudy, be retained to perform a specific traffic analysis for:::a'11 roadways adjacent to the O'Neil property. The City Administrator sta.:!W that the overall cost of the study is approximately $8,300 of which: a'''portion of that cost would be credited to the overall transportation master plan. After reviewing the request, a motion was made by City Councilmember Egan, seconded by Councilmember Smith, with all members voting in favor, that the firm of Short, Elliot and Hendrickson be retained at a cost not to exceed $8,300 to perform a traffic impact study for the Robert O'Neil property JOINT SOLID WASTE ABAT-6MENT OOWISSION/CITY COUNCIL MEETING Members of the Solii:::Wa::::?a?Yi:: Commission appeared including co -chairpersons Tom Mann and fiiiri 'iiol' a'ong with members Thom Yehle and Earl Milbridge to present preliminary findings for the waste management development plan they have developed during the past several months. Administrative Assistant Hohenstein presented the potential waste management development plan and list of findings. He stated that the basilic findings involve recycling, resource recovery and economic consider.at::ons. Administrative Assistant Hohenstein also reviewed the draft �trai f©i' waste abatement covering eight recommendations. After a document by Administrative Assistant Hohenstein, there .va:s`'a gener:i�:l discussion relating to current compost operations, expansion.:.©t::the,.ex"Esting compost site and education opportunities for local schools"***: o quist stated that a concerted effort should be made by the City to sel*6bt::::,,�: wdste management program that is long term. City Council and Commission members also discussed the necessity that a waste management system be consistent in the County where there are several school districts. Administrative Assistant Hohenstein reviewed the Pope -Reid study that is addressing hauling rout*:.s:.and, ..f4r:t:her, that the study would be completed in the near future`e;u:Yer::::idicat ed that Pope -Reid will address source separation whlbh is i_0i:::important issue in the City's waste management plan. Members of the City`;C6uncil expressed their appreciation to the commission for all the wQj.%*]t they.;Iiave coordinated in recent months and encouraged a community wide edudtt, oar::::emphasized acceptance of Appendix B and their support of a drop was given to the City Administrator to prepare the appropriate resolution for consideration at this time. There being no approximately 9:45 p.m. Dated OTHER BUSINESS fur-th-tir business;:=:::the meeting was adjourned at City Clerk TLH HAUGE, EIDE & KELLER, P.A. �.� ✓'Ciiornes at -ePAUL H. HAUGEaw KEVIN W. EIDE nd TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVID G. KELLER 1260 YANKEE DOODLE ROAD LORI M. BELLIN EAGAN, MINNESOTA 55123 DEBRA E. SCHMIDT (612) 456-9000 THOMAS P. LOWE October 30, 1987 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Cliff Lake Galleria Proceedings Dear Tom: You asked that I prepare a summary of what, at least in my view, has taken place during the week of October 26, 1987 concerning the application of Ryan -Hoffman Joint Venture for approval of the Cliff Lake Galleria Project. You will recall that the application submitted in mid-July was for preliminary plat approval only, and that the staff noticed, by publication and letter both P.D. amendment and Comp. Guide revision for the August, September and October APC hearings. Hearings, of course, were only held in August and October because of the continuation of the September meeting. It is my understanding that the EAW will soon be published, and that the thirty day public comment period expires about mid-December. The applicant has not submitted an application for a Planned Development amendment or Comp. Guide revision. The Advisory Planning Commission, during approximately a four hour hearing on October 27, 1987, adopted three motions: 1. A motion by Voracek, seconded by McCrea, with all members voting in favor, that the APC not take action on a Planned Development amendment or hold the hearing on October 27 because the developer had not submitted an application. 2. A motion was made by Voracek, seconded by Krisnik, with all members voting yes, to not take action on a Comp. Guide revision for the same reason. 3. A motion was made by Gustafson, seconded by McCrea, with five members voting in favor, including Gustafson, McCrea, Voracek, Krisnik and Trygg, with Hall and Wilkins voting against, to recommend denial of the preliminary plat application. M Mr. Thomas Hedges October 30, 1987 Page Two The Planning Commission instructed our office to prepare a resolution, which has been done for Planning Commission motions several times in the past, to be submitted at its next meeting on October 29. We did prepare a five page resolution recognizing that there had been a great deal of discussion by Planning Commission members concerning various aspects of the application attempting to outline what we understood was the intent of the motion but, also, keenly aware that protecting the record is quite important. There was no attempt to misstate what we understood the moving parties had indicated in their motions and the reasons for their motions. I appeared at the October 29 meeting at your instruction and explained briefly the nature of the resolution, and copies were distributed for the Planning Commission members at the beginning of that meeting. Comments were made by Peter Beck for the developer and Joe Christenson for Bieter Company. Mr. Beck stated that it was his opinion that the resolution was not necessary, and that the court reporter's record would be sufficient, and further, that certain items were included in the resolution that were not a part of the motion. Mr. Christenson objected to the Planning Commission considering the resolution in an open forum in that the Bieter Company resolution was not permitted to be discussed in that fashion. I pointed out to the Planning Commission members that the resolution was attached to the Planning Commission minutes and minutes are public record, and Planning Commission members, and also the public, certainly have a perfect right to make any comments on minutes or resolutions. It was suggested to the Planning Commission that if it agreed with the resolution with three suggested changes, that it vote on the question of affirming the resolution and that the resolution, if affirmed, would be attached to the minutes for the October 27 meeting. McCrea moved, and Gustafson seconded, a motion to approve the resolution. Those in favor were McCrea and Gustafson. Those against were Hall, Krisnik and Voracek. Harrison abstained because he was not present at the October 27 meeting, and the motion to approve the resolution died. Mr. Thomas Hedges October 30, 1987 Page Three It would be my view that the motions made orally to be included in the minutes would then be submitted to the City Council although the motions have not been formally approved by the Planning Commission. We will attempt to structure the minutes in the way that we understood that the motions were made, and we will attempt to speed up the court reporter's transcript as quickly as possible. It would also be my view that the resolution that was submitted with the three changes at the October 29 meeting should be attached to the minutes of October 29 because a motion was made on that resolution although, of course, not adopted. Very truly yours, HAUGE, EIDE & KELLER, P.A. Paul H. Hauge PHH:jjm